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08-05-69 City Council Minutes1 1 1 REGULAR MEETING of the VILLAGE COUNCIL August 5, 1969 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 August 5, 1969, at 8:00 o'clock P.M. The following members were present: Bies, Garis, Stockman, and Teresi; and the following was absent: None The Mayor read a letter dated August 1, 1969, from Councilman Roger S.Carlson resigning from the Council. Mr. Carlson stated he was moving to San Francisco, California. The Mayor and individual councilmen commended Mr. Carlson's service as a Councilman over the past two years and expressed regret at his moving from the community. MOVED by Garis seconded by Stockman carried to accept Mr. Carlson's resign- ation with regret. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman, Build- ing Inspector, Dan Lynch. Minutes of July 1st, 8th & 15th: MOVED by Stockman seconded by Bies carried to approve the minutes of July lst, July 8th, and July 15, 1969, as submitted to Council. Public Hearing - Public Improvements (69 -GG -3; 69 -BS -18, 19,20; 69CG-13, 14 15,16; 69-WM-7, 8; 69 -LF -5, 6; 69 -SS -5, 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 (69 -GG -3; 69 -BS -18,19,20; 69 -CG -13,14,15,16; 69-WM-7,8; 69 -LF -5,6; 69 -SS -5,6). 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: 69 -CG -15: OBJECTOR OBJECTION Mr. E. J. O'Reilly Questioned the method of assessment. 2620 Kyle Avenue North 116 Regular Meeting of the Village Council, August 5, 1969 OBJECTOR OBJECTION Mr. R. V. Rosenwald New problem caused by tiling 2630 Kyle Avenue North of water into the street. Mr. J. E. Lieder Questioned why Lee Avenue was 2501 Kyle Avenue North not included in the assessment. Mr. J. W. Brogger Objected to the proposed impro- 8641 Medicine Lake Road vement. MOVED by Bies seconded by Garis carried to defer action on 69 -CG -15 to the meeting of August 19, 1969. 69 -CG -16: OBJECTOR OBJECTION Mr. Wm. Varner The circle does not need curb 6930 Olson Highway and gutter. Mr. R. T. Lee Opposed on aesthetic values. 545 Varner's Circle The Mayor closed the public hearing. Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Grading and Graveling - 69 -GG -3; Proposed Bituminous Surfacing - 69 -BS -18,19,20; Proposed Concrete Curb & Gutter - 69 -CG -13,11+,15,16; Proposed Watermain - 69-WM-7,8; Proposed Sanitary Sewer - 69 -LF -5,6; & Proposed Storm Sewer - 69 -SS -5,6) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, 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 Resolution Book page. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS" (Proposed Grading & Graveling - 69 -GG -3; Proposed Concrete Curb & Gutter - 69 -CG -13,11+,15,16; Proposed Watermain - 69-WM-7,8; Proposed Sanitary Sewer - 69 -LF -5,6; and Proposed Storm Sewer - 69 -SS -5,6) The motion for the adoption of the foregoing resolution was duly seconded by Regular Meeting of the Village Council, August 5, 1969 Member Bies, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Stockman, and Teresi; and the following members 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 Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING WORK DONE BY DAY LABOR" (Proposed Bituminous Surfacing - 69 -BS -18,19,20) 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, 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_Z4 . Continued Public Hearing - 69 -SS -1 (Sweeney Lake, Highway #55 & Golden Valley Road) The Mayor announced that the meeting was open for the continued public hear- ing on said proposed storm sewer and all persons present to do so were afford- ed opportunity to express their views thereon. No persons presented object- ions except the following: OBJECTOR OBJECTION Dr. Barney Rosen 4820 Killarney Drive Mr. L. P. Mason, representing Chicago, Northwestern R. R. The Mayor closed the public hearing. Objected to the proposed storm sewer improvement. Objected on behalf of the railroad. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 69 -SS -1) 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, 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. Member Stockman introduced the following resolution and MOVED its adoption: 11.8 Regular Meeting of the Village Council, August 5, 1969 "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS" (Proposed Storm Sewer - 69 -SS -1) 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, 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 Resolution Book page_IU_. Hennepin County Proposal for Winnetka Avenue & T.H. #55• The Village Manager presented a report from the Police Chief dated July 31, 1969. MOVED by Bies seconded by Stockman carried to reject the proposed Hennepin County Plan as proposed, but request the County to submit an alternate. The Village Manager was requested to advise the County of the urgency of an early plan for the Winnetka - T. H. #55 intersection in conjunction with the pro- posed changes by the State Highway Department. signal Continued Public Hearing - Rezoning, 701 Ottawa No. to M-2: There was discussion regarding the traffic in the area and the height of the proposed multiple dwelling. The Mayor closed the public hearing. MOVED by Bies seconded by Garis carried to give a first reading to an ordin- ance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (M-2 Multiple Dwelling Zoning District) (St. Croix Properties, Inc.) Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Stockman YES Garis YES Teresi YES The Mayor declared the motion carried. Continued Public Hearing - Institutional Zoning District (Independent School District 281): The Mayor announced that this was a continued public hearing from the meeting of April 15, 1969 1 1 1 119 Regular Meeting of the Village Council, August 5, 1969 PROPONENTS REASON Mr. Loren Johnson, Chairman of School Board The School District 281 was Dr. LeRoy Hood, Superintendent of Schools represented by these gentlemen Mr. Bernie Zimpfer, Attorney who answered questions for the public and Council. Mr. Johnson informed the Council that School District 281 has authorized an Advisory Committee if the zoning is approved. Mr. Hugh W. Solberg, 1438 Rhode Island Avenue North, presented a petition in favor of the proposed elementary school containing 174 signatures of property owners in the area. Dr. Hood submitted a letter from General Mills dated June 16, 1969, stating a proposed site near the James Ford Bell Technical Center was not available for sale. Mr. David DeCoursin, 1720 Rhode Island Avenue North spoke in favor of the pro- posed zoning. Mr. Fred Bootz, 1800 Kelly Drive, still opposed to the site for the school and concerned over the appearance of the building and the parking area. The Mayor closed the public hearing. MOVED by Garis seconded by Stockman carried to give a first reading to an ordi- nance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning District) (Independent School District 281) MOVED by Stockman seconded by Garis to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon the mem- bers were recorded as voting as follows: Bies YES Stockman YES Garis YES Teresi YES The Mayor declared the motion carried. Council requested the Village Manager to meet with the Independent School District 281 regarding five acres of Village property adjacent to the school site. Second Reading - Ordinance Rezoning Lot 11, Yarnall's Golden Outlots, DeMac, Inc.: MOVED by Garis seconded by Stockman carried to give a second reading to an ordinance entitled: 120 Regular Meeting of the Village Council, August 5, 1969 "AN ORDINANCE AMENDING THE ZONING CODE" (Business and Professional Office Zoning District) (DeMac, Inc.) MOVED by Garis seconded by Stockman to approve the ordinance herein quoted by title on its second reading and to order publication thereof. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Stockman YES Garis YES Teresi YES See Ordinance Book page L. Second Reading - Ordinance Zoning Industrial Districts (Yard Requirements): MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Industrial Zoning Districts) MOVED by Bies seconded by Garis to approve the ordinance herein quoted by title on its second reading and to order publication thereof. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Teresi YES Garis YES Stockman YES See Ordinance Book page Request for Waiver of Platting Regulations - Benjamin Rozman: All present agreed to add the above matter to the agenda. Mr. Benjamin Rozman, 9240 - 6th Avenue North, appeared to request a waiver of the platting regulations 1. e. for 400 Dakota Avenue South. Mr. Rozman stated he would not dedicate the necessary easement on the south side of the property. MOVED by Garis seconded by Bies carried to rescind the Council action on this matter at the July 15, 1969, meeting and take no action on the matter. Second Reading - Ordinance Rescinding Franchise Revocation of Minneapolis, Northfield &Southern Railway: MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Rescinding Franchise Revocation of Minneapolis, Northfield and Southern Railway) 1 I�1 Regular Meeting of the Village Council, August 5, 1969 MOVED by Garis seconded by Stockman to approve the ordinance herein quoted by title on its second reading and to order publication thereof. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Stockman YES Garis YES Teresi YES See Ordinance Book page. Second Reading - Ordinance Zoning Lot 1-4, Blk. 2, Church Addn._ (King of Grace Lutheran Church): MOVED by Garis seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning District) (King of Grace Lutheran Church) MOVED by Stockman seconded by Garis to approve the ordinance herein quoted by title on its second reading and to order publication thereof. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Stockman YES Garis YES Teresi YES See Ordinance Book page. Mr. Russell - BZA Appeal, Russell's Texaco, 1875 Lilac Drive North: Mr. Russell requested a permit for three or four Hertz rental trucks on the property, screened with a redwood fence. MOVED by Stockman seconded by Garis carried to deny the appeal from the BZA for Russell's Texaco at 1875 Lilac Drive North. Request for Sign Waiver - Russell's Texaco, 1875 Lilac Drive North: The Building Inspector presented the request for Russell's Texaco for a sign waiver at 1875 Lilac Drive North. MOVED by Bies seconded by Stockman carried to deny the request for waiver of a reader sign at 1875 Lilac Drive North. MOVED by Garis seconded by Stockman carried to approve a new banjo sign, subject to present signs conforming with the ordinance. Dr. L.H. Greene - BZA Appeal - 309 Meadow Lane South: The architect for Dr. Greene requested a waiver of 3.07-3 (b) for 4' on the sideyard setback at 309 Meadow Lane South. 122 Regular Meeting of the Village Council, August 5, 1969 Mr. LeRoy Anderson, Chairman of BZA, presented the recommendation to deny the requested waiver of sideyard setback at 309 Meadow Lane South. MOVED by Stockman seconded by Garis carried to deny the appeal as recommend- ed by BZA. Request for Building Permit - Big Steer, Inc., 6610 Wayzata Boulevard: The Building Inspector presented the request for a building permit for Big Steer, Inc., at 6610 Wayzata Boulevard. MOVED by Garis seconded by Bies carried to approve the building permit, subject to a $3,000 landscape bond, the Building Inspector rechecking the parking, and approval of the Building Inspector. Communication - Thomas Kearney, Auto Damage Claim: The Village Manager presented a letter regarding auto damage claim by Thomas Kearney which was referred to the Village Insurance Company. Communication - Minneapolis Gas Company, Re: Storm Sewer: The Village Manager presented a request by the Minneapolis Gas Company regarding the storm sewer along Golden Valley Road east of Douglas Drive. MOVED by Stockman seconded by Garis carried to approve the request by the Minneapolis Gas Company for storm sewer along Golden Valley Road as a part of Imp. 69 -SS -1, provided no extra cost is involved for the Village in the design change. Communication - John Hagen, Re:Street Department: The Village Manager read a letter from John Hagen thanking the Street Department for excellent service. Re: Plymouth Sanitary Sewer - Orr-Schelen-Mayeron & Association: The Village Manager presented a resolution from the Village of Plymouth re: sanitary sewer force main serving Plymouth, Golden Valley and New Hope. approval of a similar resolution by New Hope is required and approval by the Metro Council of the proposed force main. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION" (Providing for Joint Agreement on Sanitary Sewer Force Main Capacity Serving Plymouth, Golden Valley & New Hope) The motion for the adoption of the forgoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, 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 Resolution Book page�CZ 0.1 . 1 1 Regular Meeting of the Village Council, August 5, 1969 Licenses: 123 MOVED by Bies seconded by Garis carried to approve the licenses as follows: No. Licensee 1W3-3 299 Queens Plaza Liquors, Inc. Cigarette 300 Bergstrom Trucking Service Garbage Hauling 301 D. Shobe & Son Disposal Service Inc. Garbage Hauling 302 Twin City Disposal Service Co., Inc. Garbage Hauling 303 Len Matheson dba Best Disposal Service Garbage Hauling 304 Pako, Inc. Food Establishment 305 Dick's Pure Oil Gasoline Station 306 Dick's Pure Oil Cigarette 307 Dick's Pure Oil Food Vending BLDG. DEPT. LICENSE FOR APPROVAL Aug. 5, 1969 B-2268 Robin Corp. mouse Mover Award of Bid - Public Improvements (69-WM-5; 69 -GG -2(; 69iSS-7): Fee $ 6.00 26.00 26.00 26.00 26.00 New 25.00 36.00 New Mgr. 6.00 7.50 The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Manager, Village Engineer and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M. on August 1, 1969, and publicly opened and read the bids as follows: Bidder Barbarossa & Sons, Inc. McDonald & Associates, Inc. C. S. McCrossan Northdale Construction Company Bond - 5% Total Bid $248,316.50 197,656-50 if if 264,812.8o It If 199,142.00 The bids were over the Engineer's estimate, the bids will be checked further by the Village Manager and Village Engineer before making a recommendation. MOVED by Garis seconded by Stockman carried to defer award of the above referenced bids to August 12, 1969. A,proval of Election Judges - Hennepin County Bond Issue - General Hospital September 9, 1969: The Village Clerk presented a proposed list of election judges for the Hennepin County Bond Issue Election on September 9, 1969• MOVED by Stockman seconded by Bies carried to approve the list of election judges for the Hennepin County Election on September 9, 1969, as follows: and transfer $425.00 from the contingency fund to the election fund. 1 1 1 Regular Meeting of the Village Council, August 5, 1969 Licenses: 123 MOVED by Bies seconded by Garis carried to approve the licenses as follows: No. Licensee A - 299 Queens Plaza Liquors, Inc. Cigarette 300 Bergstrom Trucking Service Garbage Hauling 301 D. Shobe & Son Disposal Service Inc. Garbage Hauling 302 Twin City Disposal Service Co., Inc. Garbage Hauling 303 Len Matheson dba Best Disposal Service Garbage Hauling 304 Pako, Inc. Food Establishment 305 Dick's Pure Oil Gasoline Station 3o6 Dick's Pure Oil Cigarette 307 Dick's Pure Oil Food Vending BLDG. DEPT. LICENSE FOR APPROVAL Aug.5 1969 B-2268 Robin Corp: House mover Award of Bid - Public Improvements (69-WMi-5; 69 -GG -2(; -X69 -SS -7): Fee $ 6.00 26.00 26.00 26.00 26.00 New 25.00 36.00 New Mgr. 6.00 7.50 50.00 The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Manager, Village Engineer and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M. on August 1, 1969, and publicly opened and read the bids as follows: Bidder Barbarossa & Sons, Inc. McDonald & Associates, Inc. C. S. McCrossan Northdale Construction Company Bond - 5% Total Bid it if $248,316.50 i0 it 197,656.50 "if264,812.80 " if 199,142.00 The bids were over the Engineer's estimate, the bids will be checked further by the Village Manager and Village Engineer before making a recommendation. MOVED by Garis seconded by Stockman carried to defer award of the above referenced bids to AujSust 12, 1969. Approval of Election Judges - Hennepin County Bond Issue - General Hospital; September 9, 1969: The Village Clerk presented a proposed list of election judges for the Hennepin County Bond Issue Election on September 9, 1969. MOVED by Stockman seconded by Bies carried to approve the list of election judges for the Hennepin County Election on September 9, 1969, as follows: and transfer $425.00 from the contingency fund to the election fund. 124 Regular Meeting of the Village Council, August 5, 1969 PRECINT I - Glenwood Hills Hospital 3901 Golden Valley Road 588-9401 Mrs. *Mrs. Elizabeth Thompson 2420 McNair Drive Mrs. 588-3208 1250 Mrs. Sylvia Nearhoff 2141 Legend Lane 4940 588-1074 588-4506 Mrs. Rosella Chapman 3800 Bassett Creek Dr. 588-8302 545-6458 Alt.Mrs. Marilyn Anderson 4210 Golden Valley Rd. 588-8875 6601 Olympia Street If Mrs. Pat Noack 2534 Zenith Avenue No. 588-9072 Susan Becker PRECINCT II - Noble Elementary School 2600 Noble Avenue North 588-2749 *Mrs. Irene Hafterson 5104 Thotland Road 588-7149 Mrs. Kathy Rice 1100 Unity Avenue 588-5005 Mrs. Arlene Graham 1250 Angelo Drive 588-3144 A1t.Mrs. Claire Tyra 4940 Markey Ridge 588-4506 11 Mrs. Thelma Hovey 2110 Perry Ave. North 588-7243 PRECINCT III -Golden Valley High School 4800 Glenwood Ave. 374-5720 *Mrs. Hilma Sandell 4605 Chatelain Terrace 374-2740 Mrs. Janet Montroy 309 Ottawa Ave. South 377-1226 Mrs. Margaret Blumers 1509 Alpine Pass 377-0806 Alt.Mrs. Cecily Helgesen 201 Janalyn Circle 377-3801 it Mrs. Rae Moran 5 Turnpike Road 544-2539 PRECINCT IV - Carl Sandburg Jr. High 6700 Sandburg Road 545-2571 *Mrs. Eleanor Larson 6405 Olympia Street 545-6458 Mrs. Florence Guntzel 7515 Golden Valley Rd. 545-8434 Mrs. Martha Hanover 6601 Olympia Street 544-4761 A1t.Mrs. Ann Wolf 831 Pennsylvania Ave. N. 545-4147 it Mrs. Susan Becker 5840 Golden Valley Rd. 545-9200 PRECINCT V - Civic Center 7800 Golden Valley Rd. 545-3781 *Mrs. Gunhild Ostroot 7430 Harold Avenue 545-6653' Mrs. Gertrude Halluska 7340 Harold Avenue 54.5-6702 Mrs. Carol Israel 424 Winnetka Ave. No. 545-5958 A1t.Mrs. Isobel Anderson 319 Edgewood Ave. No. 545-7256 it Mrs. Virginia Petersburg 8925 Wally Drive 545-9626 PRECINCT VI - Westview Elementary 628 Mendelssohn Ave. 545-1439 School *Mrs. Virginia Anderson 1500 Valders Ave. No. 545-7256 Mrs. Paula Fox 1120 Orkla Drive 545-7759 Mrs. Evelyn Holmstrom 1110 Valders Ave. No. 545-7949 Alt.Mrs. Margaret Lien 1025 Winnetka Ave. No. 545-6777 it Mrs. Merle Green 1720 Valders Ave. No. 545-7447 Note: The Manager indicates funds are not available for this election, has contacted the County as to whether they will pay for election, no determination has been mage. If the Village has to pay cost, additional money in amount of $425.00 will be necessary. Regular Meeting of the Village Council, August 5, 1969 Wildwood Estates Pond Construction Authorization: The Village Engineer submitted a report on the excavation and grading for storm sewer improvement in Wildwood Estates for work done in July and August of 1968, in the amount of $2,976.33. MOVED by Bies seconded by Stockman carried to approve the ppyment for storm sewer improvement in Wildwood Estates in the amount of $2,976.33, upon recommendation of the Village Engineer. Bills: MOVED by Stockman seconded by Garis carried to approve the bills as submitted on the prelist. Tyree Agreement on Winnetka Avenue North: The Village Attorney presented the agreement with Mr. Tyree regarding the exchange of property on Winnetka Avenue North; MOVED by Stockman seconded by Bies carried to approve the agreement and authorize the proper Village officials to sign the agreement. Request for Public Hearing - Zoning P. B. Olson Property to Residential: MOVED by Stockman seconded by Garis September 2, 1969, to zone the P. B. to Residential. carried to call a public hearing on Olson Property from Open Development Request for Public Hearing - Rezoning (Lot 52, Aud. Sub. #360) to B.P.O.: MOVED by Garis seconded by Stockman carried to call a public hearing on September 2, 1969, to zone Lot 52, Auditor's Subdivision #360 from residential to Business Professional Office. Continued Meeting - August 12, 1969: MOVED by Garis seconded by Bies carried to continue the meeting from August 5, 1969, to August 12, 1969, to appoint a Councilman to replace Roger S. Carlson, and to complete the agenda items on the August 5, 1969, agenda. MOVED by Stockman seconded by Bies carried to adjourn the meeting at 1:30 A.M. Mayor Attest: Village Clerk