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04-04-61 City Council Minutes44 REGULAR MEETING of the VILLAGE COUNCIL April 4, 1961 Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on April 4, 1961, at 7:30 o'clock P. M. The following members were present: Bies, Flannagan, Nadasdy, Scherer and Teresi; and the following was absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Stanley D. Kane; Village Engineer, Donald Sorensen; Village Clerk, Helen Penniman; President of the Planning Commission, George Pennock. The Mayor called the meeting to order at 7:35 o'clock P. M. Invocation: Rev. Norman D. Long, Church of the Brethren, 8025 Medicine Lake Rd. Public Hearing - Plats, Golden Manor Addition; Brunswick Court 2nd Addition: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded an opportunity to express their views thereon, and all written objections hereto- fore filed with the Clerk were presented and considered as follows: OBJECTOR None OBJECTION None The Village Engineer presented the proposed plats on the projector. The Mayor closed the Public Hearing. Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION" (Acceptance of Platting of Golden Manor Addition; and Brunswick Court, 2nd Addition) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies and, upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same, None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book page_. 45 Regular Meeting of the Village Council, April 4, 1961 Page 2. Mayor's Resident Water Committee Report, Mr, Don Palmer: The Village Manager read a letter dated April 4, 1961, from Mr. Don Palmer, Jr. Chairman of the Water Study Committee. Said letter was ordered placed on file in the Clerk's office. Mr. Don Palmer, Chairman of the Mayor's Resident Water Committee, presented a unanimous report of the committee to the Council. Council discussed the matter generally and deferred action to a later meeting pending study of the report. Public Hearing - Storm Sewers (61 -SS -1, 3, & 4): The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing on certain proposed public improve- ments (61 -SS -1, 3, and 4) described in the resolution of this Council relating thereto, adopted on March 21, 1961. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said proposed public improvements and all persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections except the following: 61 -SS -1: OBJECTOR OBJECTION Mr. L. M. Ericson Mr. Ericson stated most of the water goes 2936 Orchard Avenue through their lot to Orchard Ave. Mr. Arthur F. Tyler 3000 Orchard Avenue North Mrs. Jane Overlie 4940 Normandy Place Mrs. Harry B. Unglaub 2940 Quail Avenue North Mr. Dillon W. Moffatt 4824 Triton Drive Mr. George Eisenhardt 3016 Quail Avenue North Mr. J. E. Costigan 3030 Quail Avenue North Mr. Tyler questioned how the boundary is determined for the area on the East Side. Mrs. Overlie questioned the urgency at this time, they never had a water problem, also how often is seal coating needed. Mrs. Unglaub stated the water goes in both directions in front of her property. Asked what his legal description was, and stated he had been assessed before, why again. Is property south of Triton Drive being benefited by this storm sewer, also gets water from the back of his lot. Asked who pays for replacement and repair of the street, and how long before the street will be paved. 46 Regular Meeting of the Village Council, April 4, 1961 Page 3. 61 -SS -1: (Cont*d.) OBJECTOR •OBJECTION Mr. R. J. Brix Mr. Brix phoned to state he was 2946 Orchard Avenue North opposed to the proposed storm sewer. Mr. Ralph Overlie Mr. Overlie also phoned to state 4940 Normandy Place opposition. 61 -SS -3: OB FCTOR OBJECTION Mr. Jack D. Larson Mr. Larson stated they didn't feel any 2350 Colorado Avenue North specific need for storm sewer, would rather have a modified installation. Mr. LeRoy Jensen Asked when are plans in view for street 2385 Colorado Avenue North improvement, curb & gutter. At present storm sewer is not necessary. Mr. Robert Raugland Mr. Raugland.stated a problem does 2200 Zane Avenue North exist, maybe it could be done piece- meal. Mr. Jim Franklin His problem is gravel washing across 6125 Westbrook Road his lawn, plans to install a blacktop curb on his property. Mr. W. E. Erickson In favor of modification, water gets 2155 Zane Avenue North 3 feet wide and 1 foot deep on the corner of Zane & 22nd Avenue. Storm sewer must be installed before the road is improved. Mr. Donald Moberg Wait and see how the area develops, 2230 Zane Avenue North would like modification of installation. Mr. Paul Koch Neighbor is "sitting on a spring" and 2255 Brunswick Avenue North pumping water out of his basement, he is largely responsible for the condition in this area. Mr. L. G. Berglund Asked how catch basins are installed, on 2305 Colorado Avenue North sides of the street or in the center. Mr. Richard Schuehle Mr. Schuehle stated 85% were against the 6025 Westbrook Road proposed storm sewer.. MOVED by Teresi seconded by Flannagan carried unanimously to construct the storm sewer from Bassett*s Creek to Zane Avenue North and 22nd Street, a modification of the proposed storm sewer for 61 -SS -3, due to 85% petition by residents against the proposed storm sewer for this area. 1 1 1 1 47 Regular Meeting of the Village Council, April 4, 1961 Page 4. 61 -SS -4: OBJECTOR OBJECTION Mr. Chester Nadsen Asked if the Village has acquired property 5901 W ynwood Road to widen Wynwood Rd., a highly traveled street. The Village Engineer presented the areas for the proposed storm sewers on the projector. The Mayor closed the public hearing. Member Teresi introduced the following resolution and LVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS" (Storm Sewer, 61 -SS -1,3, and 4) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following members voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Resolutions Book page ::30 . Curb & Gutter R F,1 -M-1 The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hq ing on certain proposed public improve- ments (61 -BS -2,3,4,5,6,9,11,12,13,14 ,'9,20 and 22; 61 -CG -3,4,6,9, and 11) described in the resolution of this Council relating thereto, adopted on March 21, 1961. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor then announced that the meeting was open for public hearing on said proposed public improvements and all persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections except the following: OBJECTION Not opposed to blacktop, but they do not want curb & gutter. Asked what grade the base is, what type blacktop, the cost of a rolled blackton curb, life expectancy of this type of street. OBJECTOR 61 -BS -4: Mr. Robert T. Nowak 8110 Patsy Lane Mr. Roy Anderson 8151 Patsy Lane OBJECTION Not opposed to blacktop, but they do not want curb & gutter. Asked what grade the base is, what type blacktop, the cost of a rolled blackton curb, life expectancy of this type of street. 48 Regular Meeting of the Village Council, April 4, 1961 Page 5. 61 -BS -4: (Cont*d.) Mr. James H. Hill Mr. Hill stated he has a hill on his 8170 Patsy Lane driveway, can this be tied in with the curb. 61 -BS -9: OBJECTOR Mr. Ralph E. Martin 500 Ardmore Drive 61 -BS -11: Mr. Hyman Shinder 440 Clover Leaf Drive 61 -BS -13: PROPONENT Mr. Ed White 3760 Killarney Drive 61 -BS -14: PROPONENT Mr. E. C. Gellehon 521 Kelly Drive 61 -CG -3: OBJECTOR Mr. Bill Crowley 1870 Wisconsin Avenue North OBJECTION Suggested the curve be straightened out in the street. In favor of the improvement. REASON Mr. White is in favor of the improve- ment. REASON Mr. Gellehon is in favor of the improve- ment. OBJECTION Stated the curb & gutter would not be connected to anything. The Village Engineer presented the areas for the proposed public improvements on the pzjects. The Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCFlrN OF CERTAIN PUBLIC IMPROVEMENTS" (61 -BS -2,3,4,5,6,9,11,12,13,1, 9,20,22'&29; 61 -CG -3,4,6,9, and 11) 1 1 1 1 1 �w 49 Regular Meeting of the Village Council, April 4, 1961 Page 6. The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following members voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page 11-3/ . Public Hearin - Zoning to Business & Professional Office, 7700 Wayzata Blvd.: The Village Manager presented an affidavit of publication in the official newspaper of the notice of public hearing rezoning as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that the meeting was open for public hearing on the proposed rezoning and all persons present to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR Mr. R. J. Ritter 1033 Sumter Avenue South Mrs. V. Mattson 732 Rhode Island Avenue South Mr. Lyle Larson 830 Rhode Island Avenue South Mr. Edmund Noren 840 Sumter Avenue South Mr. Albin L. Winkels 93.4 Sumter Avenue South OBJECTION Mr. Ritter presented a petition with 100% signers against the proposed rezoning. Mrs. Mattson stated they were very definitely against the rezoning. Mr. Larson has bought two lots in addition to his residence, and figured the property would remain residential. The desecration of the lot could not be stopped by the Village. Doesnet care to live in an area over- looking commercial. Mr. Reilly of the Ridahl Construction Company gave a resume of the history of the proposed rezoning of said property. Mr. George Pennock, President of the Planning Commission, presented the recommendation of the Planning Commission to approve the rezoning. (see minutes of March 16, 1961). The Mayor closed the public hearing. MOVED by Teresi seconded by Flannagan to deny the request for rezoning on the above described property. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Flannagan YES Nadasy YES Teresi YES 50 Regular Meeting of the Village Council, April 4, 1961 Page 7. The Mayor declared the motion carried and rezoning of said property denied. Continued Public Hearin - Zoning to Multiple Dwelling,_5625 Olson Hi hwa : The Village Manager presented an affidavit of publication in the official newspaper of the notice of public hearing rezoning as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that the meeting was open for public hearing on the proposed rezoning and all persons present to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR Mr. Blaine Carey 424 Yosemite Avenue Mr. Dale D. Roberge 5729 Olson Highway Mr. Harry Ranks 5726 Woodstock Avenue OBJECTION Zoning would be spot zoning. Understood it would be residential zone when he bought property. Mr. Ranks stated he called his neighbors and all were opposed to the rezoning. Mr. Orville K. Rubow When Mr. Rubow built the addition on 5735 Olson Highway his home he was assured the area would remain residential. Mr. George Pennock, President of the Planning Commission, presented the recommendation of the Planning Commission to deny said zoning. (see minutes of 1-12-61). Mr. Dave Tach was present to request the proposed rezoning. The Mayor closed the public hearing. MOVED by Flannagan seconded by Teresi to deny the request for the above referenced rezoning. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies NO Flannagan YES Nadasdy YES Teresi YES The Mayor declared the motion carried and the rezoning of said property denied. 1 J� Regular Meeting of the Village Council, April 4, 1961 Page 8, Public Hearin Amendment to Zoning Catagories: The Village Manager presented an affidavit of publication in the official newspaper of the notice of public hearing amending zoning catagories as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that the meeting was open for public hearing on the proposed amendments to the zoning catagories and all persons present to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None Mrs. J. C. Parker of 1926 Penn Avenue questioned how the new set -back re- quirements would effect her property. The Mayor closed the public hearing. MOVED by Teresi seconded by Flannagan carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Yard Requirements) MOVED by Flannagan seconded by Teresi carried to approve the ordinance herein quoted by title on its first reading. Request for Billboard Sign Permit. 6480 Wayzata Boulevard: The Village Manager presented the request for a billboard sign permit at 6480 Wayzata Boulevard. MOVED by Flannagan seconded by Teresi carried to approve the request for a billboard sign permit at 6480 Wayzata Boulevard, subject to the approval of the Building Inspector. Request by Hennepin County Agricultural Society: The above matter was deferred from the meeting of March 21, 1961, Council took no action. Request for Public Hearing Plat, Valley View Addition: MOVED by Bies seconded by Flannagan carried to call a public hearing to plat Valley View Addition, on April 18, 1961. Re: Street Lights, Petition by Dawn Acres Association: The Village Manager presented the request by the Dawn Acres Association for street lights. Council discussed the matter generally, but took no action. 52 Regular Meeting of the Village Council, April 4, 1961 Page 9. Quit Claim Deed from Village to Mr. Zimmerman, 6436 Phoenix Street: The Village Attorney presented the request by Mr. James H. Russell, Attorney for Mr. Zimmerman, for quit claim deed. LVED by Flannagan seconded by Bies carried to authorize the proper Village officials to execute said quit claim deed. Second Reading Ordinance re: Gasoline Filling Station: LVED by Teresi seconded by Flannagan carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Gasoline Filling Stations) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page A. Statement of Policy on Assessments re: Storm Sewers on State Aid Streets: Council deferred action on the above matter to April 18, 1961. Licenses: LVED by Teresi seconded by Flannagan carried to approve the licenses listed below: Licenses for Approval - April 4, 1961 No. Licensee Type Fee Penalty 2233 Golden Valley Cab Co. Taxi -Cabs (3) $ 33.00 $ 3.30 2224 Red Crown Lanes Inc. Food 25.00 222.5 Red Crown Lanes Inc. Bowling Alleys (12) 80.00 2226 Hardin -Williams Cafeteria Food 25.00 2.50 (General Mills) 2227 Roy's Pure Oil Service Gasoline Station 30.00 2228 Roy's Pure Oil Service Soft Drink 10.00 4.00 2229 C. J. Sommer's Co. Food 25.00 2.50 Audit Report: Council deferred action on the above matter and called a Special Council Meeting on April ll, 1961, at which time the Audit Report will be discussed. Bills: MOVED by Teresi seconded by Bies carried to approve the bills as submitted on the prelist. Re:_ 61 -BS -29= Bituminous Surfacing on Maren Lane: All present agreed to add the above matter to the agenda. Regular Meeting of the Village Council, April 4, 1961 Page 10. MOVED by Teresi seconded by Flannagan carried to include the petition above referred to in the resolution with other bituminous surfacing to be performed by day labor. AGREEMENT re: Bassett's Creek Water Shed Area: All present agreed to add the above matter to the agenda. MOVED by Bies seconded by Flannagan carried to approve the agreement above referred to and to authorize the proper Village officials to execute said agreement and authorize payment of $1,500.00, Golden Valley's share in said agreement. Re: Terra Linda Trunk Storm Sewer Project: All present agreed to add the above matter to the agenda. The Village Manager presented a letter from Bonestroo, Rosene & Associates, Inc., representing the Village of New Hope, dated April 3, 1961, said letter was ordered placed on file in the Clerk's office. MOVED by Bies seconded by Flannagan carried that the Attorney for the Village and the Attorney for New Hope negotiate a contract to allow New Hope an outlet for storm water into the Village of Golden Valley for ponding purposes. MOVED by Bies seconded by Flannagan carried to adjourn the meeting at 1:30 A.M. or Attest: Village Clerk 1