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01-21-64 Council Minutes8 REGULAR MEETING of the VILLAGE COUNCIL January 21, 1964 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 January 21, 1964, at 7:30 P.M. The following members were present: Flannagan, Garis, Schaphorst; Teresi; and the following was absent: Nadasdy. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Donald Sorensen; Building In- spector, Dan Lynch; Village Assessor, Robert Burns; Acting Village Clerk, Carol Wachter. The meeting was called to order at 7:35 P.M. Invocation: Rev. Ernest Campbell, St. George's Episcopal Church. Minutes of January 7, 1964: Councilman Garis requested that an amendment be made to the minutes of January 7, 1964, on Page 2, so that the motion made by Mr. Flannagan would now read as follows: "MOVED by Flannagan seconded by Schaphorst carried to continue the public hearing to February 18, 1964, or until such time as a full Council is present. Notices will again be sent to the residents." MOVED by Flannagan seconded by Schaphorst carried to approve the amend- ment to the minutes of January 7, 1964, as stated above. MOVED by Flannagan seconded by Schaphorst carried to approve the minutes of January 7, 1964, as amended, and submitted to the Council. Public Hearing - Street Name Change: 22nd Ave. North to Westbrook Way: 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 acting Mayor, Mr. Teresi, 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 opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: Regular Meeting of the Village Council, January 21, 1964 OBJECTOR None OBJECTION 0f.� Mr. Joe Brown, President of the Planning Commission, presented the pro- posal to change the name of 22nd Avenue North, between Zane Avenue North and Brunswick Avenue North, to Westbrook Way. There was some discussion regarding the similarity of several of the street names in the Village. Mr. Brown said that the Planning Commission had been told by Mr. Johnson of the Post Office that there was no serious objection to the 'name change; that it was a negative factor. 14OVED by Schaphorst seconded by Garis carried to give a first reading to an ordinance entitled: "AN ORDINANCE CHANGING A STREET NAME" (Street Name Change - 22nd Avenue North to Westbrook Way) MOVED by Flannagan seconded by Schaphorst carried to approve the ordin- ance herein quoted by title on its first reading. Public Hearing Changes in Multiple Dwelling Ordinance: 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 Acting Mayor, Mr. Teresi, 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 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 The Village Manager stated that the proposed changes in the Multiple Dwelling Ordinance have been studied by the Planning Commission for the past eight months. The Commission, during this interim period, has submitted three progress reports to the Council, and feels that the recommended restrictions outlined are of a rigid nature and constitute an up -grading of the existing Multiple Code. Councilman Garis requested a definition of the word "unit" as referred to in the amendment as pro- posed, and requested consideration of the addition of the term "unite' to the definitions as outlined and defined at the beginning of our Multiple Code. The Acting Mayor closed the public hearing. Regular Meeting of the Village Council, January 21, 1964 MOVED by Flannagan seconded by Schaphorst to give a first reading to an amendment to the ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Multiple Dwellings) Councilman Garis asked for a privileged motion to table the 1st reading, pending a definition of "unit as referred to in the Ordinance Amendment. MOVED by Flannagan seconded by Schaphorst to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Schaphorst YES Garis NO Teresi YES Councilman Garis stated his reason for voting "No" was based on lack of clarification of a "unit". The terms should be defined before the ord- inance is given the first reading. Councilman Garis asked what majority of vote would be required in order to approve a first reading of the amendment. The Village Attorney stated that the Council "in enacting ordinances according to Statute can take action by majority vote except as otherwise required by law. In deal- ing with zoning matters, I think to the contrary." Mr. Skare further stated that a 2/3 vote was necessary on matters of zoning. An ord- inance does not become law until it has had two readings. Street Lights - Delphian Heights Area: The Village Manager reported that he had expected to have a recommend- ation from the Northern States Power Company but that as yet he had not received it. No Council action was necessary at this time. As soon as the recommendation is available, the matter will come before Council for their consideration. Special Assessments - Plymouth Avenue & Zealand Avenue (Castle Downs): The Village Manager discussed the map showing the property as it was originally platted and a replat showing the cul-de-sac. Mr. Robert Burns, Village Assessor, was present and made the recommendation that the special assessment for Bituminous Surfacing on Zealand Avenue be cancelled on Lots 2, 3 and 4, Block 1, Castle Downs, in the total amount of $442.97. During the discussion, Mr. Burns further rec- ommended that the request for Lateral Sewer adjustment on Lot 3, Block 1, be denied. MOVED by Flannagan seconded by Schaphorst carried that the recommend- ations made by the Village Assessor be approved. Regular Meeting of the Village Council, January 21, 1961 Communication from Mr. Ray B. Stockman: The Village Manager read a letter from Mr. Ray B. Stockman tendering his resignation from the Park and Recreation Commission. The Manager stated that Mr. Stockman had been appointed to this position on December 14, 1952, thus completing twelve years of park service. Dr. Ray Petersen made the statement that he thought Mr. Stockman should be referred to as "Mr. Parks of Golden Valley". MOVED by Flannagan seconded by Garis carried that the Council accept the letter of resignation and send a letter of appreciation to Mr. Stockman for the many hours, days and years he has spent on park prob- lems. Appointment of Park & Recreation Commissioner: The Village Manager presented a communication from the Park and Rec- reation Commission recommending the following people for appointment to the Commission. 1. Mr. Stanley Anderson, to complete the term of Mr. Ray Stockman, who has resigned. 2. Mr. Elroy Roelke, to succeed Mr. Max Green, whose term has expired. Mr. Roelke will serve a three-year term. 3. Mrs. Laura Scheffler, to succeed herself for another three-year term. MOVED by Garis seconded by Flannagan carried to accept the recommendations of the Park and Recreation Commission. Approval of Final Plans, Brechet & Richter, 6005 Golden Valley Road: The Building Inspector, Mr. Dan Lynch, and Mr. Volp, from Volp Construct- ion Company, presented the final plans to the Council for their approval. MOVED by Flannagan seconded by Schaphorst carried to approve the final plans, subject to the signing of an agreement by the proponents agreeing to provide, if noxious odors exist after construction, a remedy of the problem, and subject to the approval of the Building Inspector. Residential Zoning - 6000 Laurel Avenue: The Village Manager presented an affidavit of publication in the official newspaper of the Notice 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 Planning Commission report was read by Mr. George Pennock. 12 Regular Meeting of the Village Council, January 21, 1964 The Acting Mayor, Mr. Teresi, 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 opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: PROPONENT REASON Mr. Lowell Swanson Has appeared before the Council 245 Brunswick Avenue South several times in regard to cer- tain industrial sites. Feels that this would seriously deter from value of property in area and further feels that there is a need to define exactly what this area should be classified as. Quite a bit of area is still open. Feels area should be zoned residential. Does not want to see area rezoned Light Industrial. Mr. Ray Streily Stated he has a sizeable invest - 6535 South Cortlawn Circle ment in his home and that he was under the impression that the area was not zoned industrial or commercial. Certainly feels that any light industry should be kept out of the area. Homes are in price range of from $18,000 to $55,000. Feels that the Council should protect the investment of the homeowners. Speaking for him- self and others on Cortlawn Circle, definitely favors rezoning to res- idential. Mr. Leo Breitman Was at a previous meeting when a 205 Dakota Avenue request was made to rezone Minder property. At that time, Council said no light industrial would be permitted. Is in favor of com- plete residential zoning for this area. Mr. Joe Perkins Asked for people in audience to 6585 North Cortlawn Circle stand up that were in favor of residential zoning. (About 25 people stood up.) L� 11 fl. Regular Meeting of the Village Council, January 21, 1964 Dr. Raymond Petersen 140 Brunswick Avenue South Mr. Joe W. Kuns 1610 Constance Drive Wants whole area zoned resident- ial. Trees can be planted. The ditch is not the buffer zone according to him. Wants to know what the future will hold. Thinks the zoning is flexible in Golden Valley; wants "teeth put into the zoning laws". Stated the approval of the people near the property to be rezoned should be necessary. Wants to eliminate "the islands of residential prop- erty surrounded by industry". Discussion followed, during which Councilman Garis asked the attorney if it is legally possible for this Village to establish a firm zoning law in regard to all zones already in the Village. Mr. Skare replied that a comprehensive guide plan could be used. Mr. Skare also discussed three legal cases which had been decided for the property owners: Pierce vs. Village of Edina; Olson vs. City of Minneapolis; Auto Salvage vs. City of St. Louis Park. Mr. Jim Hawks, representing Mr. Elstad Mr. Harry Hamman 6001 Glenwood Avenue Stated "open zoning is residential", and requested the Council not take any action at this time. Thought the petition was unfair to him and also to the Council in that it asked the Council to dis- regard the Planning Commission's suggestions and the opinions of three contractors who have stated that no homes would be built back there; that it would eventually have to be light industry. The Acting Mayor closed the public hearing. The matter will be left up to the Council. The Acting Mayor commented that zoning this property residential will not completely solve the problem. It will not prevent proponents from coming in again and asking to have property rezoned. MOVED by Schaphorst seconded by Flannagan carried to deny the petition for residential zoning. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Schaphorst YES Garis NO Teresi YES f `f Regular Meeting of the Village Council, January 21, 196 Request for Permits for Creek Crossings (Three Locations): The Village Manager presented a resolution requesting permits for three creek crossings of Bassett's Creek at St. Croix Avenue, Regent Avenue and Bassett's Creek Drive. Interested property owners from the area of St. Croix Avenue and Bassett's Creek were present and requested information in regard to this crossing. Councilman Garis stated that consideration should be given to return- ing Bassett's Creek at St. Croix to its original course. The Village Attorney explained the legal procedure necessary in dealing with judicial ditches or waterways. MOVED by Flannagan seconded by Schaphorst carried to defer action on the St. Croix crossing until the second meeting in February at which time a report will be submitted by the Village Engineer for the con- sideration of the Council. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING APPLICATION FOR PERMITS FOR WORK IN BEDS OF PUBLIC WATERS" The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst; upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Schaphorst, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Acting Mayor and his signature attested by the Acting Village Clerk. See Resolutions Book page_. Resolution Renewing Contract with Suburban County Relief Bd. for 1964: The Village Manager presented a resolution renewing the contract with the Suburban Hennepin County Relief Board for 1964. This is a contract which has to be renewed each year. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION" (Suburban Hennepin County Relief - 1964) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst; upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Schaphorst, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Acting Mayor and his signature attested by the Village Clerk. See Resolutions Book page. Communication re: Violation of Two-KamjLyDwelling Ordinance: The Village Manager presented a letter from Mr. Thomas C. Filas with attached affidavits dating back to January 15, 1956, to substantiate I J Regular Meeting of the Village Council, January 21, 196 his claim that he was renting prior to February 2, 1956, and continuously to the present date. Mr. Filas further requested that the present ten- ants be permitted to remain until June 15, 1964, at which time he will discontinue renting the apartment in his home. MOVED by Schaphorst seconded by Flannagan carried to approve the request of Mr. Filas to permit him to continue to rent to his present tenants until June 15, 1961. Waiver - 9100 Olson Memorial Highway (Gunnar Widen): The Village Manager presented the matter of a request by Mr. Gunnar Widen for a further extension of the one-year waiver on the property at 9100 Olson Memorial Highway. This waiver had expired on November 20, 1963. Mr. Widen stated the proponents have since withdrawn their application. Dr. Gibbons, a verterinarian, was present at the meeting. Mr. Widen said Dr. Gibbons wishes to build in accordance with the same specifications that, were set forth when the waiver was granted. The Acting Mayor, Mr. Teresi, informed Mr. Widen that this matter has to be presented to the Planning Commission again. He was instructed to appear before them at their next meeting, February 13, 196L. This request will have to be brought before the Council at a later date, pending the action of the Planning Commission. Request for Ordinance Waiver - 1240 Golden Valley Road (Al Hanover): The Village Manager presented the recommendation of the Planning Commis- sion regarding the property at 4240 Golden Valley Road. The suggestion was for the property to be divided by an equal split of 88.25 feet in each lot. LVED by Garis seconded by Flannagan carried to approve the recommendation of the Planning Commission for an equal split of the property at 4240 Golden Valley Road, owned by Mr. Al Hanover. Ordinance Amending the Building Code: 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 office of the Village Clerk. The Acting"Mayor, Mr. Teresi, 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 opportunity to express their views thereon, and all written objections heretofore filed Frith. the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None 16" Regular Meeting of the Village Council, January 21, 1961 The Village Manager read the recommendations from the Planning Commis- sion for changes in the building code. MVED by Schaphorst seconded by Garis carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE BUILDING CODE" (Multiple Dwelling) NOVED by Flannagan seconded by Schaphorst carried to approve the ordin- ance herein quoted by title on its first reading. Ordinance Amending the Building Code: The Village Manager presented an affidavit of publication in the offic- ial newspaper of the Notice of Public Hearing as described in said affi- davit. Said affidavit was examined, approved and ordered filed in the office of the Village Clerk. The Acting Mayor, Mr. Teresi, 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 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 The Village Manager read the recommendations from the Planning Commis- sion for changes in the uniform building code. MOVED by Schaphorst seconded by Garis carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE BUILDING CODE" (Uniform Building Code) N,VED by Flannagan seconded by Schaphorst to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Flannagan YES Garis YES Schaphorst YES Teresi YES Request for Addition, Minneapolis Honeywell, 1885 Douglas Drive: The Building Inspector, Mr. Dan Lynch, was present and stated that the Minneapolis Honeywell architect has promised to submit drawings. 11 1 1 17, Regular Meeting of the Village Council, January 21, 1961 MOVED by Flannagan seconded by Schaphorst carried to defer action on this addition to the Honeywell plant until the next meeting of the Council, February 4, 1964. Request for Remodeling for Sonja Beauty Center, 5332 Wayzata Blvd.: The Building Inspector presented the request of the Sonja Beauty Center for remodeling. MOVED by Flannagan seconded by Schaphorst carried to grant the request of the Sonja Beauty Center for remodeling, subject to the approval of the Building Inspector. Request for Permission to Advertise for Bid Opening, February 14, 1964, for Petroleum Products. Street Construction and Maintenance Materials: The Village Manager presented the request to advertise for bids for petrol- eum products, street construction and maintenance materials on February 14, 1964. MOVED by Schaphorst seconded by Garis carried to approve the request to advertise for bids for petroleum products, street construction and main- tenance materials on February 14, 1964. Discussion re: Extending Village Insurance Propasal for Three Years: The Village Manager presented a letter written by the Village Attorney giving his opinion on accepting the proposal submitted by Mr. Francis Bohnenstingel of the Hardware Mutuals Insurance Company. The municipal immunity laws, passed at the last session of the Legislature, had been reviewed at a recent meeting of the Chief of Police, Mr. Frandsen; the Village Attorney, Mr. Skare, and Mr. Bohnenstingel. A binder has been furnished by the insurance company to cover the hazards of false arrest malicious prosecution and willful detention or imprisonment. The Man- ager also presented a letter from the Hardware Mutuals Insurance Company agreeing to extend the 1964 liability insurance proposals through the years 1965 and 1966, at the same rates. MOVED by Flannagan seconded by Schaphorst carried to accept the recom- mendations of the Hardware Mutuals Insurance Company, to extend the policies to a three-year period, and to incorporate the binder into the policies. Request from Calvary Lutheran Church. to Use the Village Parking Lot on Sunday Mornings: The Village Manager presented a request from the Calvary Lutheran Church to use the Village Parking Lot on Sunday mornings for approxi- mately the next four months while the addition is being constructed. Regular Meeting of -the Village Council, January 21, 1964 MOVED by Flannagan seconded by Schaphorst carried to approve the re- quest from the Calvary Lutheran Church to use the Village Parking Lot on Sunday mornings for the next four months. Reauest for Public Hearing - Zoning; 6000 Laurel Avenue (Light Industrial): Minnesota Paper and Cordage Company presented a request for a public hear- ing to zone this area light industrial. The Village Engineer recommended that they appear before the Planning Commission at their next meeting, February 13, 1964. It was suggested that they have a definite plan for over-all development of the area before the matter comes before Council again. MOVED by Flannagan seconded by Schaphorst carried to defer the matter on the public hearing for zoning, 6000 Laurel Avenue, until after the Planning Commission meeting of February 13, 1964. Request to Advertise for Bids March 13, 1964 - Water Meters: The Village Manager presented the request to advertise for bids for two thousand (2000) water meters on March 13, 1961. MOVED by Flannagan seconded by Schaphorst carried to approve the request to advertise for bids for water meters on March 13, 1964. Request for Public Hearing - Plat; Nyberg Addition: MOVED by Schaphorst seconded by Garis carried to call a Public Hearing to plat Nyberg Addition at the meeting of February 18, 1964. License: MOVED by Flannagan seconded by Schaphorst carried to approve the follow- ing license: No. Licensee Tie Fee 2916 Ray Kowalczyk Rubbish and Garbage Hauling $26.00 subject to report from the Police Department relative to their approval of the application. Bills: PROVED by Schaphorst seconded by Flannagan carried to approve the bills as submitted on the prelist. Regular Meeting of the Village Council, January 21, 1964 County Road 18 and Highway 55: The Engineering Department reviewed the County Road 18 and Highway 55 interchange with specific reference to service road patterns to accom- modate traffic of adjacent properties. The Engineering Department called attention to the action taken on August 20, 1963. MOVED by Flannagan seconded by Schaphorst carried to rescind the action on dead-end street under date of August 20, 1963. MOVED by Flannagan seconded by Schaphorst carried to adjourn the meeting at 12:55 A.M. Acting Mayor Attest: Acting Village Clerk 1 1