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07-16-63 City Council Minutes112 REGULAR MEETING of the VILLAGE COUNCIL July 16, 1963 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 July 16, 1963, at 8:00 o'clock P.M. The following members were present: Flannagan, Nadasdy, Schaphorst, Scherer, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Roger A. Peterson; Village Engineer, Donald Sorensen; Village Clerk, Helen Penniman; Building Inspector, Dan Lynch; President of Planning Commission, Joe L. Brown. The meeting was called to order at 8:05 P.M. Invocation: Mayor Nadasdy gave invocation. Minutes of July 2, 1963; July 9, 1963-- MOVED 963:MOVED by Schaphorst seconded by Scherer carried to approve the minutes of July 2, 1963 and July 9, 1963, as submitted to the Council. Award of Bids - Concrete Pavement & Curb (63 -CP -3 & 6): The Village Manager announced that in accordance with the terms of the Advertisement for Bids published in the official newspaper, sealed bids for concrete pavement & curb (63 -CP -3 & 6) have been received and the Village Engineer, Village Clerk have met in the Council Chambers at 7800 Golden Valley Road at 11:00 o'clock A.M. on July 12, 1963, and have then and there publicly opened and read the bids received. The Consulting Engineer tabulated said bids and they were found to be as follows: Bidder MaCree and Company C. S. McCrossan Victor Carlson & Son Total Contract Cost $57,151.10 60,270.00 66,178.00 Arcon Construction 66,592.00 The Village Engineer reported that the bid of McCree and Company for the construction of Project No. 63 -CP -3 and 6 was the low bid. 1 1 Regular Meeting of the Village Council, July 16, 1963 Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING CONTRACT FOR" (Project No. 63 -CP -3 & 6) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy Schaphorst, 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 �. Continued Public Hearing - Lateral Water Main (63-WML-42 & 44): The Village Manager announced that this was a continued public hearing from the meeting of July 2, 1963. The Mayor announced that the meeting was open for continued public hearing on said proposed public improvements, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: OBJECTOR OBJECTION None None The Mayor closed the public hearing. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3, AND ORDERING CONSTRUCTION OF A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (63-WML-106) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 /a Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (63-WML-42, 44) Regular Meeting of the Village Council, July 16, 1963 The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 J121-. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 429.041, SUBD . 7" (63-WML-42, 44 & 106) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 Its Continued Public Hearing - Curb & Gutter (63 -CG -12, Sumter Avenue): The Village Manager announced that this was a continued public hearing from the meeting of July 2, 1963. The Mayor announced that the meeting was open for continued public hearing on said proposed public improvements, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: OBJB3 TOR OBJECTION None None The Mayor closed the public hearing. Request for Public Hearing - Curb & Gutter (63 -CG -12, Rhode Island Ave. Only): All present agreed to add the above matter to the agenda. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (63 -CG -12, Rhode Island Avenue Portion, Only) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 L& I 1 Regular Meeting of the Village Council, July 16, 1963 Public Hearing - Zoning, National Funds, 621 No. Lilac Drive (P.& B.O.): 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 Clerkts Office. The Mayor announced that this was the time and place for the public hearing above referred to and all persons kho desired to do so were afforded oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: None OBJECTION None Mrs. Parker, 1926 Penn Avenue, questioned the access to the 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" (National Funds, 621 No. Lilac Dr.) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its first reading. Public Hearing - Street Vacation, Fairbault Street: 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 oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR None OBJECTION None Mr. & Mrs. Marvin W. Gisvold, 1005 Quebec Avenue North, the proponents appeared and requested that only part of the street be vacated to allow access to another lot. Mr. Joe L. Brown, President of the Planning Commission, presented the recommendation of the Planning Commission, to approve the vacation of Fairbault Street. (see minutes of 7-13-1963). HM 116 Regular Meeting of the Village Council, July 16, 1963 MOVED by Scherer seconded by Teresi carried to continue the Public Hearing to the meeting of August 61 1963. Public Hearing - Lateral Water Mains.-(63-WML-67,70,73,89,98,99,100,102, inZ n it R' IAFT The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on Certain Proposed Public Improve- ments (63-WML-67, 70, 73, 89, 98, 99, 1001 102, 103, 104 & 105) described in the resolution of this Council relating thereto, adopted on June 18, 1963. Said affidavit was then examined, approved and ordered to be 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 opportunity to express their views thereon. No persons presented objections except the following: 63 WMI,-67: OBJECTOR OBJECTION Mr. Robert Lee They have no need for water at Mark Hurd Aerial Survey Company this time. The Mayor closed the public hearing. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 129.031, SUBD. 3, AND ORDERING CONSTRUCTION OF A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (63-WML-107 and 108) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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/, Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (63 -wmL-67, 70, 73, 89, 98, 99, 100, 102, 103, 104, 105) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 11Z . Regular Meeting of The Village Council, July 16, 1963 Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 429.o4i SUB. 7" (63-WML-67, 70, 73, 89, 98, 99, 100, 1025 103, 1015 105, 1072 108) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 f/,_ Public Hearing - Miscellaneous Improvements (63 -BS -1, 25; 63 -CG -8; 63 -GG -1): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on Certain Proposed Public Improve- ments (63 -BS -1, 25; 63 -CG -8; 63 -GG -1) described in the resolution of this Council relating thereto, adopted on June 18, 1963. 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 opportunity to express their views thereon. No persons presented objections except the following: 63 -GG -1: OBJECTOR OBJECTION Mr. A. R. Milner Doesn't need road. 1600 Gettysburg Avenue North Mr. Herb Anderson 1321 Gettysburg Avenue North Does not want water or road now. Mr. Isidore Maus (Hussman Inv. Co.) 1530 Gettysburg Avenue North, petitioner, appeared and stated he needed the road for access to his new home. The Mayor stated the Council would not be subjected to threats and would act on 63 -GG -1 individually. MOVED by Flannagan seconded by Teresi carried to construct 63 -GG -1. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (63 -BS -15 25; 63 -GG -1) Regular Meeting of the Village Council, July 16, 1963 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: Flannagan, Nadasdy, Schaphorst, 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.L2 G% Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS & SPECIFICATIONS AND ORDERING WORK DONE BY DAY LABOR" (63 -BS -11 25; 63 -GG -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 I'll_. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (63 -CG -8, 12, Sumter) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 J=.—. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 429.041 SUBD. 7" (63 -CG -8, & 12, Rhode Island & Sumter) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 . Request for Building Permit - Larson -Olson, 950 Turner's Crossroad: Upon request of the proponent the request was withdrawn. Request for Sign Permit - Bloom Brothers Company, 675 Rhode Island Ave. South: The Building Inspector presented the request for a sign permit for Bloom Brother Company at 675 Rhode Island Avenue South. r'�■ Regular Meeting of the Village Council, July 16, 1963 MOVED by Flannagan seconded by Schaphorst carried to approve the request for a sign permit for Bloom Brothers at 675 Rhode Island Avenue South, subject to the approval of the Building Inspector. Request for Sign Permit - Medicine Lake Shell, 2550 Winnetka Avenue North: The Building Inspector presented the request for a sign permit for Medicine Lake Shell at 2550 Winnetka Avenue North. MOVED by Schaphorst seconded by Scherer carried to approve the request for a sign for Medicine Lake Shell at 2550 Winnetka Avenue North, subject to the approval of the Building Inspector. Request for Ordinance Waiver - 1635 Kelly Drive, Al Sanko• Mr. Joe L. Brown presented the recommendation of the Planning Commission to approve the request for said Ordinance Waiver. (see minutes of 7-11-1963). L] 1 1 Regular Meeting of the Village Council, July 16, 1963 MOVED by Flannagan seconded by Teresi carried to approve the ordinance waiver request at 1635 Kelly Drive, Mr. Al Sanko, subject to the conditions of the Planning Commission and upon their recommendation. Request for Ordinance Waiver - 409 South Westwood Drive, Mrs. Kiehne: Mr. Joe L. Brown, President of the Planning Commission, presented the recommendation of the Planning Commission to deny the ordinance waiver. (see minutes of July 11, 1963). MOVED by Flannagan seconded by Teresi carried to approve the request for ordinance waiver at 409 South Westwood Drive, Mrs. Kiehne. Request for Ordinance Waiver - 6431 Phoenix Street, John Paulson: Mr. Joe L. Brown, President of the Planning Commission, presented the recommendation of the Planning Commission to approve the ordinance waiver. (see minutes of July 11, 1963). MOVED by Flannagan seconded by Scherer carried to approve the request for ordinance waiver at 6431 Phoenix Street, Mr. John Paulson, with a 35 foot set -back and a 221 foot house, upon recommendation of the Planning Commission. Discussion of Sewer Rate Proposal, Submitted by American Appraisal Co.: The Village Manager presented the final sewer rate proposal by the American Appraisal Company for Council Consideration. A joint meeting of the six suburbs sponsoring the rate study will be held July 25, 1963, at 8:00 P.M. No action was taken. Easement for Sweeney Lake: The Village Manager informed the Council of a problem in relation to the storm sewer easement from Thotland Road to Sweeney Lake. Several neighbors appeared for and against the maintenance of public access over and across the storm sewer easement. Proponents Reason Mr. LeRoy Anderson Mr. Anderson represented a group of 5045 Alfred Road residents in favor of maintaining the access for the benefit of over 54 children in the area using the lake. Pk. John Paulson 2104 Indiana Avenue North Mr. George Martinsen 1141 Angelo Drive Mrs. Frank Gallob 1140 Toledo Avenue North In favor of keeping access for swimming. Stated the children swim there every day. The problem of noise is the same every where the lakes are used for swimming. 119 120 Regular Meeting of the Village Council, July 16, 1963 It% Paul J. Ocken Nx. Ocken is in favor of the 1131 Angelo Drive access if conducted properly. Mr. Ocken submitted a written statement, which was placed on file in the Clerkts office. Mr. Larry Pattock In favor of easement, believes 11.1 Toledo Avenue North the village should provide access to the lake. Mr. Gordon M. Benson A new resident, in favor of 1200 Toledo Avenue North swimming facility. Mrs. Paul J. Ocken In favor of easement for swimm- 1131 Angelo Drive ing if controlled. I1r. Sam Siegel In favor of easement for swimming. 930 Toledo Avenue North Mr. LeRoy Anderson They bought with understanding 50.5 Alfred Road that they could use the beach. Conservation Dept. told him the lake is public and wants it kept that way. OBJECTOR OBJECTION Mrs. Florence Thotland Mrs. Thotland stated she was against 5101 Thotland Road the beach being a public beach. ]fir. Robert J. Boller Dr. Boller stated he was the nearest 1010 Angelo Drive to the easement and asked if the easement implied that a public beach was at the end of said easement. Dr. Boller complained of noise at all hours, foul language, swimming in the nude, garbage, rats, and that the area was unpoliced and uncared for. Dr. BollerstAted the Chief -of - Police had received 15 or 20 calls of complaint and submitted a letter from his attorney regarding the matter. Dr. Boller requested the area be patrolled by the Village and the area be under the Park and Recreation Departmentts supervision. Mr. Hector S. Bruder Opposed to use of access for swimming. 1130 Angelo Drive Irs. Hector S. Bruder Opposed to use of access and dust from 1130 Angelo Drive cars. 121 Regular Meeting of the Village Council, July 16, 1963 Council requested the Village Staff to study the matter further and report at the Council meeting on August 6, 1963. Council directed a public meeting be called on August 20, 1963, and a sign be posted to control the use of the lake between the hours of 8:00 P. M. to 9:00 A. M. Request for Building Permit - Glenwood Hills Hospital, 3901 Golden Valley Road: Mr. Robert VanHauer of Glenwood Hills Hospital, presented the plans and specifications for an addition to their present building. MOVED by Scherer seconded by Schaphorst carried to approve the request for an addition to the present building at Glenwood Hills Hospital at 3901 Golden Valley Road, subject to the approval of the Building Inspector. Licenses: MOVED by Teresi seconded by Flannagan carried to approve the following licenses; Beachcomber Inn licenses subject to the approval of the Health Officer: No. Licensee Type Fee 2816 The Beachcomber Inn Cigarette 6.00 2817 The Beachcomber Inn Food 25.00 2818 The Beachcomber Inn Soft Drink 10.00 2819 Pat-Nik Inc. Food 25.00 Re: Sign Ordinance: MOVED by Teresi seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Sign Ordinance) MOVED by Flannagan seconded by Scherer carried toapprove the ordinance herein quoted by title on its first reading. Resolution Ordering Dust Treatment (63-DA-3).- Member 63-DA-3):Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING DUST TREATMENT FOR CERTAIN STREETSrr (63=DA-3) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Nadasdy, Schaphorst, 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 attest- ed by the Village Clerk. See Resolutions Book 1 122 Regular Meeting of the Village Council, July 16, 1963 Bills: MOVED by Teresi seconded by Flannagan carried to approve the bills as sub- mitted on the prelist. Bond Sale: All present agreed to add the above matter to the agenda. MOVED by Flannagan seconded by Teresi carried unanimously that the Village sell Improvement Bonds of 1963 Series A. and B in the amount of $2,975,000 on August 65 1963, at 5:00 P.M., details of the sale to be stated in the proposed notice of sale on file in the office of the Village Clerk. Pay Increase: MOVED by Flannagan seconded by Teresi to ratify payment in the amount of $500.00 for a certain pay increase adopted and approved at the meeting of January 21 1963, a certain pay increase for the Village Manager, Mr. Roger K. nstad, effective January 1, 1963. Re: Lot 1, Block 7, "Tyrol Hills, Hennepin County, Minnesota": The Village Manager presented the request to acquire the above referenced property for park purposes. MOVED by Flannagan seconded by Teresi carried to authorize the proper officials to execute the necessary documents to abate the assessments and taxes for the acquisition of Lot 1, Block 7, Tyrol Hills, Hennepin County, Minnesota, except the South 160 feet thereof measured at right angles to the South line of said Lot 1, for park purposes. MOVED by Scherer seconded by Schaphorst carried to adjourn the meeting at 1:00 A.M. Attest: illage Clerk yor