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10-03-67 City Council Minutes1 1 1 REGULAR MEETING of the VILLAGE COUNCIL October 3, 1967 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 October 3, 1967, at 8:00 o'clock P.M. The following members were present: Bies, Garis, Nadasdy, and Teresi; and the following was absent: Stockman. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Village Assessor, Robert Burns; Building Inspector, Dan Lynch; Finance Officer, John Murphy. Invocation: Mayor Nadasdy gave the invocation. Minutes of September 5th, September 19th & September 25, 1967: MOVED by Teresi seconded by Bies carried to approve the minutes of September 5th, September 19th, and September 25, 1967, as submitted to Council. Public Hearing - Public Improvement, Bituminous Surfacing 67 -BS -49: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on Certain Proposed Public Improve- ments (Proposed Bituminous Surfacing 67 -BS -49) described in the resolution of this Council relating thereto, adopted on September 5, 1967. 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 opportunity to express their views thereon. No persons presented objections except the following: OBJECTOR OBJECTION None None The Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Bituminous Surfacing 67 -BS -49) Regular Meeting of the Village Council, October 3, 1967 The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Nadasdy, 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 133 . Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING WORK DONE BY DAY LABOR" (Bituminous Surfacing 67 -BS -49) 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, Garis, Nadasdy, 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 ,_q . Public Hearing - Public Improvement, Street Lighting, 67 -RSL -6: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on Certain Proposed Public Improve- ments (Proposed Street Lighting 67 -RSL -6) described in the resolution of this Council relating thereto, adopted on September 5, 1967. 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 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 MOVED by Teresi seconded by Bies carried to call a new public hearing on November 7, 1967, due to an error in the legal description of the publication calling the public hearing. Public Hearing - Street Vacation, Champlin Street: MOVED by Garis seconded by Bies carried to continue the public hearing until completion of the plat of the area. 1 Fi [i Regular Meeting of the Village Council, October 3, 1967 Public Hearing - Assessments for Various Public Improvements - 1967: The Village Manager presented the affidavit of publication in the official news- paper 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 deisred 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: Norman J. Paulson 1100 Idaho Avenue North Willis G. Fry 2013 Hillsboro Avenue North Kenneth Weller 9200 Earl Street Mr..Harold Lutz 7547 - 6th Avenue North Mr. T. Modrow 6306 Phoenix Street Mr. A. E. Dietz 5640 Lindsay Avenue Alan J. Michlin 5620 Lindsay Avenue OBJECTOR Leon J. Kauth 7644 Harold Avenue Robert P. Schaffer 7230 Green Valley Road R. T. Gavigan 1400 Maryland Avenue North Mrs. M. B. Rice 4715 Golden Valley Road Mr. A. M. Schwankl 1740 Kelly Drive Mr. S. H. Finlayson 5600 Lindsay Avenue Wm. Thomas 2511 Douglas Drive North After due consideration of questions and objections of the above referenced residents the Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS" 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, Garis, Nadasdy, 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 Regular Meeting of the Village Council, October 3, 1967 Appeal of Skyline Builders - Rhode Island & T.H. #55: The Village Manager presented an appeal from the ruling of the Board of Appeals by Skyline Builders dated September 13, 1967. Said appeal was ordered placed on file in the Clerk's Office. Representatives of Skyline Builders stated they had spent money to compact the proposed building site and to move to another site would necessitate compaction and filling, this is the hardship. They stated they are ready to develop the whole property. MOVED by Teresi seconded by Garis carried to approve the appeal and waiver of Section 4.04 of 15' to a front yard setback of 35' on Highway #55 and a waiver of 17.51 to a rear yard setback of 32.51 (northeast corner of property), for proposed building plans only. Request for Preliminary Building Permit - Acoustics, Assoc., Inc., 1250 Zane Ave.: The Building Inspector presented the request for a preliminary building permit for Acoustics, Associates, Inc., at 1250 Zane Avenue. MOVED by Teresi seconded by Garis carried to grant approval for a preliminary building permit for Acoustics, Associates, Inc., at 1250 Zane Avenue, subject to use of brick on Golden Valley Road side and the Zane Avenue side of proposed building. Continued Public Hearing - Amending the Zoning Code (Various Revisions to Zoning Code): MOVED by Bies seconded by Teresi carried to continue the Public Hearing - Amending the Zoning Code (Various Revisions to Zoning Code) to the meeting of October 17, 1.967. Re: Order for Repairing or Razing Hazardous Buildings: The Village Attorney reviewed the procedure to order repairing or razing of hazardous buildings at the following addresses: 540 Meadow Lane, 737 Sunny - ridge Lane, 4000 Olson Memorial Highway and 1504 Boone Avenue North. MOVED by Teresi seconded by Bies carried to approve the issuance of orders for 540 Meadow Lane, 737 Sunnyridge Lane, 4000 Olson Memorial Highway, and 1504 Boone Avenue North to either repair or raze said buildings within 30 days. Petition for Waiver of Public Hearing - Watermain 67-WM-13: The Village Clerk presented a petition and waiver of right to public hearing by all the owners affected on certain proposed public improvements 67-WM-13. Member Garis introduced the following resolution and MOVED itsadoption: 1 1 () Regular Meeting of the Village Council, October 3, 1967 "RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.0319 USBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Watermain - 67-WM-13) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Nadasdy, 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/,3 7___. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING WORK DONE BY DAY LABOR" (Proposed Watermain - 67-WM-13) 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: Bies, Garis, Nadasdy, 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 'm . Emergency Appropriation - Watermain on T.H. ##12 from Wisconsin to Boone Avenue: The Village Manager requested emergency appropriations to complete the watermain on T.H. ##12 between Wisconsin and Boone Avenues. MOVED by Teresi seconded by Bies carried to approve the construction of a water - main on T. H. ##12 between Wisconsin and Boone Avenues, with monies from the Utility Reserve Fund. Request to Advertise for Bids - 4 Wheel Drive Jeep: The Village Manager presented the request to advertise for bids for a 4 wheel drive Jeep. Council took no action. Discussion of License - Boyer Garbage Service: Council discussed the various complaints regarding Boyer Garbage Service. Resolution Authorizing Reduction of Levy on Brookview Bonds: Member Teresi introduced the following resolution and MOVED its adoption: 162 Regular Meeting of the Village Council, October 3, 1967 "RESOLUTION AUTHORIZING AND DIRECTING REDUCTION OF 1967 LEVY FOR $1,3255000 RECREATION AREA BONDS OF 1967" The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Nadasdy, 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 pagef Resolution Authorizing Cancellation of Various Levies on Bond Issues: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1967 LEVY FOR VARIOUS IMPROVEMENT BONDS" 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: Bies, Garis, Nadasdy, 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%el-(? . I Resolution Adopting 1968 Budget: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 1968 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1967 COLLECTIBLE IN 1968" The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon Grote being taken thereon, the following voted in favor thereof: Bies, Garis, Nadasdy, 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 Resolution Book page % 41. Discussion - Ordinance Establishing Library Building Fund: Council discussed the proposed ordinance establishing a Library Building Fund. MOVED by Garis seconded by Bies carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE AND PROVIDING FOR THE ADMINISTRATION AND MAINTENANCE OF A PUBLIC LIBRARY FUND" Regular Meeting of the Village Council, October 3, 1967 MOVED by Bies seconded by Teresi carried to approve the ordinance herein quoted by title on its first reading. Certification of Delinquent Utility Bills: The Village Manager presented a copy of the assessment and levy roll of delinquent utility charges due and payable in 1967. MOVED by Teresi seconded by Garis carried to approve the Certificate as to Delinquent Utility Service Charges for 1967 and Assessments therefor. Request for Building Permit - Golden Valley School District, Meadowbrook School: All present agreed to add the above matter to the agenda. The Building Inspector presented a request for a building permit for the Golden Valley School District for Meadowbrook School. MOVED by Bies seconded by Garis carried to approve the request for a building permit for Meadowbrook School, Golden Valley School District, subject to approval of the Building Inspector. Request for Shallow Well & Cesspool - M.N.& S. Railroad: All present agreed to add the above matter to the agenda. The Building Inspector presented the request for an ordinance waiver to permit a shallow well and cesspool in the switchyard of M.N.& S. Railroad. MOVED by Teresi seconded by Bies carried to approve the request for ordinance waiver of Ordinance #41, Section 11.03 and Ordinance #36, Section 36.01 for the switch yard at M.N.& S. railroad. Re: DeCola's Wildwood Estates Ponding Area: The Village Manager presented the costs for the four acres of ponding and storm sewer completed by Tom DeCola for Wildwood Estates and surrounding area in the amount of $35,210.00. MOVED by Garis seconded by Bies carried to approve the payment for the cost of the land and expense incurred in developing the ponds in Wildwood Estates and area in the amount of $35,210.00 Candidates for Appointment to Park & Recreation Commission: All present agreed to add the above matter to the agenda. Mr. Gene Roelke, President of the Park & Recreation Commission, presented five name for Council to consider in appointing additional members to the Park and Recreation Commission. Council took no action on the names submitted, but requested that additional names be submitted for consideration. 16 Regular Meeting of the Village Council, October 3, 1967 Resolution Approving Concrete & Bituminous Surfacing on Zane Avenue: All present agreed to add the above matter to the agenda. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION" (S.A.P. No. 28-409-011, M.S.A.S. No. 408) The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Nadasdy, 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,. Licenses: MOVED by Garis seconded by Teresi carried to approve the licenses as follows: No. Licensee 4406 Golden Valley Kwik Shop 4407 Golden Valley Kwik Shop 4408 Golden Valley Kwik Shop Bills: Tie Fee Cigarettes $3.00 Food Establishment 25.00 Malt "off Sale" 15.00 MOVED by Teresi seconded by Garis carried to approve the bills as submitted on the prelist. MOVED by Teresi seconded by Bies carried to adjourn the meeting at 1:10 A.M. Request for Public Hearing - Public Improvements (67 -RSL -6): Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Residential Street Lighting - 67 -RSL -6) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Nadasdy, 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 li�. Attest: Vilage 7lerk 1 1 1