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12-06-67 Special Meeting'IS7 SPECIAL MEETING of the VILLAGE COUNCIL December 6, 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 November 21, 1967, at 7:30 o'clock P. M. The following members were present: Bies, Garis, Nadasdy, Stockman, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert 11. Stare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Finance Officer, John Murphy; Building Inspector, Dan Lynch. The Mayor called the Council to order as a Canvassing Board. The Commissioner of Registration presented the election returns for the Village Election on Tuesday, December 5, 1967, as follows: VILLAGE OF GOLDEN VALLEY VILLAGE ELECTION December 5, 1967 Pct. I II III IV V VI TOTALS MAYOR FOR 2 years Cliff Teresi 194 369 463 351 298 220 1,895 COUNCI%ZAN for 3 years Roger S. Carlson 130 286 277 220 182 170 1,265 Joe Frasson 14 23 7 28 15 30 117 Don Palmer 63 93 250 196 148 108 858 VOTE ON SUNDAY LIQUOR QUESTION YES 143 270 367 270 219 210 1,468 1 64 137 188 173 131 97 790 TOTAL VOTES CAST 210 412 549 449 356 311 212287 NO. REGISTERED VOTERS 1,420 21236 11829 25702 1,78. 2,095 12.066 MOVED by Stockman seconded by Garis carried to certify the above election returns as submitted by the Commissioner of Registration and to declare the candidates receiving the greatest number of votes elected to offices indicated and the question carried. 188 Special meeting of the Village Council, December 6, 1967 Said returns and affidavits were examined and found satisfactory and directed to be placed on file. MOVED by Stockman seconded by Teresi carried to adjourn the meeting at 7:35 P. M. Minutes of November 21, 1967: MOVED by Bies seconded by Stockman carried to approve the minutes of November 21, 1967, as submitted to Council. Award of Bid - Electronic Accounting Machine.. The Village Manager presented the affidavit of publication in the official nev spaper. Sealed bids were received and the Village Manager, Finance Officer, and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A. 11. on December 1, 1967, and have then and there publicly opened and read the bids received. The Finance Officer tabulated said bids and they were found to be as follows: National Cash Register Co. Model 100-200 Trade -In Allowance 1CR Class 32 w350.00 Underwood 413 50.00 Annual Maintenance Contract After 1st year (included) $1,000.00 Burroughs Corporation Model X2170 Trade -In Allowance 350.00 TCR Class 32 Underwood 413 350.00 Annual Maintenance Contract After 1st year (included 15470.00 The Finance Offocer recommended that the bid be Register Company for Model 400-200, and trade-in for $50.00, it the amount of $17,798.00 AMOUNT BID $17,848.00 ?00.00 $17, 4-7.0-0 $22,392.50 700.00 $21,697.70 awarded to Rational Cash the Underwood Machine MOVED by Stockman seconded by Teresi carried to award the bid to National Cash Register Company, with trade-in of the Understood Machine, in the amount of $17,798.00, upon recommendation of the Village Finance Officer. Contract Re: Aerial Servey - Mark Hurd Aerial Surveys, Inc.: 1 Special Meeting of the Village Council, December 6, 1967 The Village Manager presented the proposed contract with Mark Hurd Aerial Surveys, Inc., for the area south of T.H. #55 to T. H. #12 from ti innetka Avenue, including Brookview Golf Course, to Turner's Crossroad, in the amount of $2,100.00. MOVED by Teresi seconded by Garis carried to approve the contract with Mark Hurd Aerial Surveys, Inc., for the area as stated above, in the amount of $2,100.00. Part�ation in Suburban Hennepin County Relief: Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION" (Suburban Hennepin County Relief) 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, Stockman, and Teresi: and the follow- ing 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 L1,L_ Resolution Authorizing Codification of Golden Valley Ordinances: Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION" (Codification of Village Ordinances) The motion for the adoption of the foregoing resolution was duly seconded by Membet Bies, and upon vote being taken thereon the following voted in favor thereof: Bies, Garis, Nadasdy, St;ckman, and Teresi; and the follow- ing 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. Cancellation of Special Assessments 1960-1967, Plat 84529, Parcel 350: MOVED by Bies seconded by Garis carried to cancel the special assessment on Plat 84529, Parcel 350, from 1960 through 1967, and respread the amount over the remaining period of assessment. Resolution Rescinding Advertisement for Bids: Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION" (Rescinding Resolution Ordering Advertisement for Bids Respecting a Certain Proposed Public Improvement (Proposed Grading and Graveling 66 -GG -1 & 2) 190 Special Meeting of the Village Cguncil, December 6, 1967 The motion for the adoption of the foregoing resolution was seconded by Member Bies, and upon vote being taken thereon 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 pagelv4' Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTIOIN APPROVING PLANS AND SPECIFICATIONS AMD ORDERING WORK DONE BY DAY LABOR" (Proposed Grading & Graveling - 66 -GG -1 & 2) 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, Stockman, 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. Ordinance Amending Food Ordinance: Mr. Robert Hutchison, Sanitarian, reviewed the proposed amendment relating to sources of poultry and poultry products. MOVED by Teresi seconded by Bies carried to give a first reading to an ordinance entitled: 1°AN ORDINANCE AMENDING CHAPTER 70 OF THE VILLAGE CODE RELATING TO SOURCES OF POULTRY AND POULTRY PRODUCTS" MOVED by Teresi seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. Request for Waiver of Platting Regulations - 2501 Douglas Drive: All present agreed to add the above matter to the agenda. MOVED by Bies seconded by Garis carried to approve the request for waiver of Platting Regulations by dividing the property at 2501 Douglas Drive into the following described parcels: "The North 99175 feet of the South 199.55 feet of that part of the N-� of the NF✓ of the IdFr of Section 29, Township 118 North, Range 21 West of the 5th Principal Meridian lying East of the West 657.12 feet thereof and excepting therefrom the East 234.8 feet." "The East 234.8 feet of the following described tract. The North 99.75 feet of the South 199.55 feet of that part of the N2 of the 1 of the AE14- of Section 29, Township 118 North, Range 21 West of the 5th Principal Meridian, lying East of the West 657.12 feet thereof." Subject to road. Special Meeting of the Village Council, December 6, 1967 Discussion of Snowmobile Ordinance: Council discussed the proposed snowmobile ordinance. MOVED by Garis seconded by Bies carried to defer the proposed ordinance for further study. Discussion of Special License to Sell Intoxicating Liquor on Sunday: Council discussed the proposed special license to sell intoxicating liquor on Sunday. MOVED by Garis seconded by Stockman carried to give a first reading to an ordinance entitled: "All ORDINANCE AMENDING THE VILLAGE CODE" (Sunday Sales of Liquor) MOVED by Teresi seconded by Garis carried to approve the ordinance herein quoted by title on its first reading. Council request an indorsement on the bonds to cover Sunday Sales of intoxicating liquor. Re: Golden Valley Pre -School Nursery; 244 Janalyn Circle: The Village Manager read a letter dated September 8, 1967, sent to Mrs. Paul L. Johnson at 244 Janalyn Circle and gave a resume of the background of the pre-school nursery at that location. Mr. Casey, Attorney, Mr. & Mrs. Paul L. Johnson appeared before Council and stated the nursery school started in 1953, in 1956 the enrollment was 24 and 1957 enrollment was 36. The property was zoned to residential district in December, 1956. The following residents appeared in favor of the operation of the nursery school: Anthony L. Ferrara Mrs. J. J. Mandile 100 Meadow Lane South 300 Janalyn Circle Mrs. Elizabeth Cramer Mrs. R. H. Bjella 213 Westwood Drive South 7700 Winsdale Street Mr. Paul A. Seeman Mr. John R. Crelly 700 Tyrol Trail 5726 Woodstock Avenue Mr. & Mrs. Robert D. Bowman appeared in opposition to the nursery school in a residential district. The Village Attorney stated that the expansion of a non -conforming use is prohibited. 192 Special Meeting of the Village Council, December 6, 1967 Council discussed the matter at length. MOVED by Teresi seconded by Garis that Mrs. Johnson be required to restrict the operation of the nursery and reduce the number of enrolled students to the 1956 level, at which time the residential zoning ordinance went into effect, to 24 students, to be effective at the end of the school term in June 1968. Communication - Village of Plymouth Application for Extension of Water Service: Don Palmer, representing the Three Town Water Commission, presented a request from the Village of Plymouth for extension of water service to a parcel abutting County Road No. 18, which coincides with the municipal boundary of the Villageof Golden Valley. Mr. Palmer requested a clari- fication of the Council's definition of a parcel of land, e.i. as to size. Council discussed the request and expressed a favorable opinion for a limited time, if there were no hazard to the water supply for the three communities. Expiration of Temporary Use Permit - 2520 Winnetka Ave. No., Midland Nursery: The Village Manager reviewed the temporary use permit issued to Midland Nursery at 2520 Winnetka Avenue North. Mr. Arnold Foss appeared and stated that they did not have sufficient land for the type of operation and proposed building without filling the property in the rear to increase the usuable area. The cost o f said fill was the reason given for not commencing construction of the building. Mr. Foss requested another extension of time before constructing the proposed building and stated he proposed to build next fall with a greenhouse in conjunction with the nursery. MOVED by Stockman seconded by Bies carried that the request for an extension of time for the temporary use permit for Midland Nursery at 2520 Winnetka Avenue North be denied. Request for Sign Permit - Golden Bills Shopping Center, 5418 Wayzata Blvd.: The Building Inspector presented the plans for a proposed sign for the Golden Hills Shopping Center at 5.18 Wayzata Boulevard. MOVED.by Teresi seconded by Bies carried to approve the request for a sign permit for the Golden Hills Shopping Center at 51.18 Wayzata Blvd. subject to the approval of the Building Inspector. Request for Public Hearing - Ordinance Amending 7.04 Zoning Code SR (12-19-67): 193 Special Meeting of the Village Council, December 6, 1967 The Village Manager presented the request for a public hearing on a Ordinance Amending 7.04 Zoning Code. MOVED by Teresi seconded by Stockman carried to call a public hearing on a Ordinance Amending 7.04 Zoning Code, on December 19, 1967. Request for Public Hearing - Revision of Zoning Code Section 5.05 b (1-16-68): The Village Manager presented the request for a public hearing for the revision of Zoning Code Section 5.05b. MOVED by Teresi seconded by Stockman carried to call a public hearing for the revision of Zoning Code Section 5.05 b, on January 16, 1968. Request for Public Hearing - Zoning 23rd & Winnetka Avenue No. (Multiple M-2): the Village Manager presented the request for a public hearing to zone 23rd and Winnetka Avenue North to Multiple Dwelling M-2. MOVED by Teresi seconded by Stockman carried to call a public hearing to zone 23rd and 14innetka Avenue north to Multiple Dwelling M-2, on January 16, 1968. Ordinance Adopting "The 1967 Code of Ordinances of the Village of Golden Valley: MOVED by Teresi seconded by Garis to give a first reading to an ordinance entitled: "AN ORDI,1ANCE ADOPTING THE 1967 CODE OF ORDINANCES OF THE VILLAGE OF GOLDEN VALLEY" MOVED by Bies seconded by Stockman carried to approve the ordinance herein quoted by title on its first reading. Re: 7145 Sandburg Road, Harvey Machine, Sewer Bond, Etc.: Council deferred action the above referenced matter. Request for Waiver of Platting Regulations - 1400 1500, 1548 Lilac Drive So. The Village Manager presented a request for waiver of platting regulations for 1400, 1500, 1548 Lilac Drive South, combining said lots in the Gamble Center. MOVED by Teresi seconded by Stockman carried to waive the Platting Regulations for 1400, 1500, 1548 Lilac Drive South (Gamble Center). Request for Permit to Clean County Ditch at 34th - Bassett's Creek: The Village Manager presented a request for a request to the County to clean County Ditch at 34th & Bassett's Creek. Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION" (Requesting Permit from Hennepin County Board to Clean Branch F County Ditch No. 18) Special Meeting of the Village Council, December 6, 1967 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, Stockman, 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.._.(:._-• Discussion - Increase Fire Department Volunteers From 30 to 50 Men: The Village Manager presented the request to increase the Fire Department from 30 to 50 men. MOTED by Garis seconded by Stockman carried that the Council recommend to the Volunteer Fire Department that it increase its membership from 30 to 50 members. Request to Advertise for Bids - Tractor Loader (Park & Recreation Commission): The Village Manager presented the request to advertise for bids for a Tractor Vader for the Park & Recreation Commission. MOVED by Bies seconded by Teresi carried to advertise for bids for a Tractor Loader for the Park & Recreation Commission on January 16, 1968. Appointment of Human Rights Commission Members: Council deferred action on the matter to December 19, 1967. Discussion of McDougal-Juris Addition: Council discussed the street development in McDougal-Juris Addition and deferred the matter to the meeting of December 19, 1967. Communication - Discussion re: Iaorth Hennepin Junior College Contri'oution: Council discussed the above referenced matter at length. MOVED by Garis seconded by Bies carried unanimously: "RESOLVED, that the Village of Golden Valley not contribute Village funds to the North Hennepin Junior College because of the unanimous opinion of the Village Council that to do otherwise would raise serious questions concerning the legality of a municipal taxing authority employing funds, ostensibly levied and collected on the basis of being used in municipal governmental functions, for educational purposed with respect to which educational purposes, there exist other autonomous public bodies having taxing powers specifically related to the functions of education." Re: 'destern Electric Bond Requirement: All present agreed to add the above matter to the agenda. Special Meeting of the Village Council, December 6, 1967 The consensus of the Council was that Western Electric should not be exempted from the Village insurance requirement, however they need only to file a Certificate of Corporate Comprehensive General Liability Insurance policy in the amount of $300,000 per occurence, since they are self-insured for the first $100,000. Request for House Moving License: All present agreed to add the above matter to the agenda. MOVED by Teresi seconded by Garis carried to approve the House Moving License No. B-2151 for Ernst Machinery & House Moving Corporation. Flood & Drainage Meeting: Council discussed sending a letter to eight communities, including State Highway Department, and County Commissioners, calling a meeting on January 11, 1968, with the objective of forming a cooperative agreement and setting a time table. MOVED by Bies seconded by Teresi carried to call a meeting on January 115 1968, to form a cooperative agreement between eight communities. Licenses: MOVED BY Teresi seconded by Bies carried to approve the licenses as follows: LICEdSES FOR APPROVAL DEC. 6, 1967 3o. Licensee Type Fee 4419 Roy's Corner Cigarettes $12.00 4420 Golden Valley Super Valu " 12.00 4421 Woodfill Shell Service " 12.00 1422 International Paper Co. " 12.00 4423 Rosy's Liquors 12.00 4424 The White House " 12.00 4425 General Mills Employees Store " 12.00 4426 Log Cabin Service Inc. " 12.00 4427 United Beef " 12.00 4428 The Buhler Corp. 12.00 4429 Chester Bird Am. Legion Post 1`523 " 12.00 4430 Golden Valley Shell 12.00 4431 Valley Liquor Store 12.00 4432 Knights Drug it 12.00 4433 Western Oil and Fuel Co. It 12.00 4434 The Boulevard Cafe " 12.00 4435 Red Owl Stores, Inc. 12.00 4436 Reed Drug Co. 12.00 4127 Anderson Cadillac Inc. " 12.00 12.00 L.11W 38 Westview Superette 196 Special Meeting of the Village Council, December 6, 1967 W9 Holiday Motor Hotel Cigarettes $12.00 4440 American Motor Sales It 12.00 1441 Winnetka Coffee Kup t► 12.00 4442 Theodore Wirth Golf Course it 12.00 4443 Sheri, Inc. tt 12.00 Bills: MOVED by Stockman seconded by Teresi carried to approve the bills as submitted on the prelist. MOVED by Stockman seconded by Teresi carried to adjourn the meeting at 12:30 A. M. Attest: Tillage ler 1