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10-07-69 City Council Minutes1 1 REGULAR MEETING of the VILLAGE COUNCIL October 7, 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 October 7, 1969, at 8:00 o'clock P.M. The following members were present: Bies, Garis, Jensen, Stockman, and Teresi; and the following members were absent: None. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Building Inspector, Dan Lynch. Minutes of September 8th, September 16th, September 22nd & September 29, 1969: MOVED by Garis seconded by Stockman carried to approve the minutes of Sept- ember 3th, September 16th, September 22nd and September 29, 1969, as submit- ted to Council . Public Hearing- Public Improvement, Storm Sewer (69 -SS -9) St. Margaret Mary Area: 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 Storm Sewer - 69 -SS -9) described in the resolution of this Council relating thereto, adopted on September 2, 1969. 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 Mr. A. Beltrand Has never seen any water in the area 2+12 Parkview Boulevard or in his basement. Mr. Vern P. Thomey 2560 Byrd Avenue North Have paid their share of storm sewer assessment. 26th Ave., has water flowing down street. Storm sewer constructed in 50's was not construct- ed properly. Mr. Tom G. Zelenak . (questioned when the water main was 2401 Parkview Boulevard constructed in area. Asked for explanation of assessment on sq. foot basis. 164 Regular Meeting of Village Council, October 7, 1969 Mr. I. Ernst Stated water comes from Minneapolis 2412 McNair Drive Park property. Will sewer be used by a joint sewer effort? Member Garis spoke on the Joint Powers Basset Creek Flood Control Commission. The Village Attorney explained the cost being shared by entire Village and that eventually all residents would be assessed for storm sewer on 13� per sq. foot basis. The Mayor closed the public hearing. Council discussed the present ponds on the area and decided to fill them. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 69 -SS -9) 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, Jensen, 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 1045- Member 045Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS" (Proposed Storm Sewer - 69 -SS -9) The motion for the adoption of the foregoing resolution was duly seconded by Member Jensen, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Jensen, 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 4is signature attested by the Village Clerk. See Resolutions Book page_ Q. Public Hearin - Easement Vacation Advertising Creative Center (Lots 16 17 18, Block 1): The Village Clerk presented the affidavit showing publication in the official newspaper of the Notice of Public Hearing on proposed street vacation. 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 street vacation and all persons present to do so were afforded oppor- tunity to express their views thereon. Regular Meeting of the Village Council, October 7, 1969 Mr. Rick Williams, representing Krause Investment Company, was present to request vacation of easement. The Mayor closed the public hearing. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION" (Easement Vacations - Advertising Creative Center) The motion for the adoption of the foregoing resolution was seconded by Member Garis, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Jensen, 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 1r,6,- Public O Public Hearing - Assessment on Various Public Improvements - 1968: The Village Clerk presented the 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 Mr. Hans B. Garnes 6801 Knoll Street Mr. Steve L. Glowka 540 Rhode Island Avenue North Mr. Merle Thompson 4343 Avondale Road Mr. Larry L. Sundquist 1325 Winnetka Avenue North Mr. J. R. Nelson 1313 Winnetka Avenue North Mr. Wm. E. Bergquist 1920 Winnetka Avenue North Mr. R. C. Kratt 1701 Winnetka Avenue North OBJECTOR Mr. Richard Stoeckman 2540 Winnetka Avenue North Mr. Don E. Brockel 1545 Winnetka Avenue North Letter from Dan Otten, Val -wood, Inc. 1820 Winnetka Avenue North Letter from Chas. Burril 1560 Winnetka Avenue North Mr. R. H. Theiring 1611 Winnetka Avenue North Mr. Howard H. Tyree 2120 Winnetka Avenue North Regular Meeting of the Village Council, October 7, 1969 After due consideration of questions and objections of the above referenced residents the Mayor closed the public hearing. Member Garis 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 Stockman, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Jensen, 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_1ef. Approval of Final Plat, Rauenhorst#2: MOVED by Bies seconded by Stockman carried to defer the above item to October 21, 1969• Second Reading - Ordinance Zoning, Business & Professional Office, Lots 47-52, Auditor's Subdivision #360 (Robert Hoover & Ed Jordan): Mr. & Mrs. Carl Quist, 7542 Country Club Drive, were present and requested that their property not be rezoned (Lot 46, Auditor's Subdivision #360). MOVED by Stockman seconded by Jensen carried to delete Lot 46, Block 1, Auditor's Subdivision #360 from the ordinance, upon request of the owners. MOVED by Jensen seconded by Garis carried to give a second reading to an amended ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Business and Professional Office Zoning District) (Robert Hoover and Edward Jordan) (Village of Golden Valley) MOVED by Jensen seconded by Bies 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 Jensen YES Garis YES Stockman YES Teresi YES See Ordinance Book page7. Police Consultant: MOVED by Garis seconded by Jensen carried to defer the item to October 21, 1969. Regular Meeting of the Village Council, October 7, 1969 Petition Against Street Lights - (69 -RSL -19): Mr. C. L. Hamilton, 1315 Maryland Avenue, submitted a petition against street lights in district 69 -RSL -19. Other residents present were: Mr. Nick Loescheider, 1425 Louisiana Avenue North; Mr. Dick Walling, 1335 Wisconsin Avenue North; Mr. Wm. R. Blume, 1309 Hampshire Avenue North. Council decided to defer action on the consideration of a petition for recon- sideration of street lights (69 -RSL -19) until such time as the public hearing was held on 69 -RSL -28A on October 21, 1969• MOVED by Stockman seconded by Jensen carried to instruct Northern States Power Company to defer construction until further notice. Petition, Mrs. Geo. LeCuyer re: Mary Pich, 1712 Mendelssohn Ave. North: The Village Manager presented a petition submitted by Mrs. Geo. LeCuyer regarding Mrs. Mary Pich and family at 1712 Mendelssohn Avenue North. MOVED by Stockman seconded by Bies carried to receive said petition and refer to the Police Department and Village Sanitarian for investigation and report to Council. Request to Display Snowmobiles at 2520 Winnetka Avenue North, Richard Stoeckman: Mr. Richard Stoeckman, 2540 Winnetka Avenue North, owner of A & W Root Beer requested a permit to display snowmobiles in the front yard set -back area at 2520 Winnetka Avenue North. MOVED by Bies seconded by Garis carried to deny the request. Re: Landscape Bond, Golden Valley Car Wash, Donald R. DuSchane: The Village Manager presented a letter dated August 11, 1969, from Donald R. DuSchane, requesting a release of landscape bond for Golden Valley Car Wash at 850 Louisiana Avenue South. MOVED by Garis seconded by Stockman carried to refer the matter to the Build- ing Inspector to check the landscaping and release of landscape bond. Request for Building Permit, 2450 Louisiana Ave. No., Krause Investment: The Building Inspector presented a request for a building permit at 2450 Louisiana Avenue North for Krause Investment Company. Mr. Krause and his architect were present to answer questions for Council. MOVED by Stockman seconded by Garis carried to approve the request for a build- ing permit for Krause Investment Company at 2450 Louisiana Avenue North, sub- ject to a brick front with 20 foot brick return, landscape bond of $5,000, and approval of the Building Inspector. • -• Regular Meeting of the Village Council, October 7, 1969 Request for Sign Permit -7751 Medicine Lake Road, Neuman Liquors: The Building Inspector presented a request for a sign permit at 7751 Medicine Lake Road for Neuman Liquors. MOVED by Jensen seconded by Garis carried to deny the request for a sign permit at 7751 Medicine Lake Road for Neuman Liquors. Request for Use of Residence for Office, 730 Sunnyridge Lane: The Building Inspector presented a request to use a residence at 730 Sun- ny -ridge Lane for an office for a limited time. MOVED by Stockman seconded by Bies carried to grant a building permit for interior remodeling and use of 730 Sunnyridge Lane as an office for one year, subject to review. Request for Use of Trailer, 7811 Golden Valley Road (Woodmark Plastic Handle Co.): The Building Inspector presented a request to use a trailer at 7811 Gold- en Valley Road by Woodmark Plastic Handle Company. MOVED by Stockman seconded by Garis carried to deny the request to use a trailer at 7811 Golden Valley Road by Woodmark Plastic Handle Company. Request for Waiver of Platting Ordinance, 4617 Sunset Ridge, Lot Division: The Building Inspector presented the request for Edward Cohen for waiver of Platting Ordinance for division of the following property: 4617 Sunset Ridge: Lots 7 and 8, Block 16, "Kennedy's West Tyrol Hills Addition" except that part of Lot 8, Block 16, said addition described as follows: Commencing at the Northeasterly corner of said Lot 8; thence Southerly along the Easterly line of said lot a distance of 30 feet; thence Westerly in a straight line to a point on the Westerly line of said Lot 8, which is 15 feet Southerly of the Northwesterly corn- er thereof, measured along said Westerly line; thence Northerly along the Westerly line of said lot to the Northwesterly corner of said lot; thence Easterly along the Northerly line of said lot to the point of beginning" MOVED by Stockman seconded by Jensen carried to approve the waiver of Platting Ordinance for the above referenced property. Second Reading Ordinance - Misdemeanor Penalties: MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: 169 Regular Meeting of the Village Council, October 7, 1969 AN ORDINANCE AMENDING THE VILLAGE CODE" (Misdemeanor Penalties) MOVED by Garis seconded by Bies carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. �4 See Ordinance Book page Second Reading Ordinance - Penal Regulation: Assault: MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Penal Regulations: Assault) MOVED by Garis seconded by Bies carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page 2'' o . Second Reading Ordinance - Motor Vehicle Length Limitations: MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Motor Vehicle Length Limitations) MOVED by Garis seconded by Bies carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page State Department of Conservation re: Bridge Over Bassett Creek: The Village Manager presented a permit application from the State Depart- ment of Conservation re: Bridge over Bassett Creek on the Hidden Village property at 6000 Golden Valley Road for approval by Council. MOVED by Garis seconded by Stockman carried to approve the permit appli- cation for a bridge over Bassett Creek at 6000 Golden Valley Road by John Cross and the State Department of Conservation. Communication Dr. & Mrs Orbuch re: Stop Signs at School Crossing: All present agreed to add the above item to the agenda. The Mayor presented a letter from Dr. & Mrs. Martin W. Orbuch requesting a stop sign on Ottawa and Glenwood Avenue for children crossing on their way to school. MOVED by Stockman seconded by Garis carried to refer the matter to the Golden Valley Safety Council for study and recommendation to Council. 170 Regular Meeting of the Village Council, October 7, 1969 Communication - E. P. Sullivan re: Stripping Center Line of Streets: The Village Manager presented a letter dated October 6, 1969, from Mr. E. P. Sullivan, 6539 Golden Valley Road, regarding stripping the center line of certain streets in the Village. Council requested the Village Manager to reply to the letter. Communication - Howard Schwimmer, 8830 23rd Ave. no. re: 4 -Way Stop Sign: The Village Manager presented a letter from Mr. Howard Schwimmer, 8830- 23rd Avenue North requesting a 4 -way stop sign at 23rd and Decatur Avenue North. MOVED by Garis seconded by Stockman carried to refer the matter to the Golden Valley Safety Council for study and recommendation to Council. Request for 3.2 Beer License, Barnaby's Restaurant, T H #12 & County Rd 18 The proponents were not present. MOVED by Stockman seconded by Jensen carried to request the proponents to be present. Licenses• MOVED by Garis seconded by Stockman carried to approve the licenses, except #429, as follows: No. Licensee Type Fee 422 Stuart's Hair Stylists Food Vending $ 5.00 423 Sew -Knit -N -Stretch, Inc. 11 if 5.00 424 American Motor Sales "it5.00 425 The Pillsbury Company Ifit 12.50 426 Golden Valley Off -Sale Liquors Sp. Food Handl. 5.00 427 Dahl's Texaco Service Station Gasoline Station 20.00 428 Jerry Miller Auctioneer 1.00 Park Bond Funds: The Village Manager presented a report on Park Bond Funds dated September 29, 1969. MOVED by Bies seconded by Stockman carried to proceed on items 1 and 2 as listed on the suggested priorities. Council Meeting Dates: The Village Manager presented a report on change of regular Council meetings to a Monday evening, dated September 25, 1969. Regular Meeting of the Village Council, October 7, 1969 Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION" (Amending Council Rules) The motion for the adoption of the foregoing resolution was seconded by Member Jensen, and upon vote being taken thereon, the following members voted in fav or thereof: Bies, Garis, Jensen, 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 MOVED by Garis seconded by Stockman carried to authorize the assessor to assess Mobil Oil Station at 9+05 Medicine Lake Road for water connection to New Hope for 1970 watermain at $6.00 per foot and to reimburse New Hope under the existing agreement between New Hope and Golden Valley on joint watermains. 1970 Budget: Member Jensen introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 1970 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1969 COLLECTIBLE IN 1970" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following 1969 Budget Transfers: The Village Manager presented requests for 1969 Budget transfers dated October 3, 1969. Moved by Garis seconded by Stockman carried to approve the budget transfers as requested by the Village Manager for 1969. Scheid Park Pedestrian Bridge Improvement: The Village Manager presented a report on the sidewalk and fencing around the Scheid Park Bridge approach, dated October 2, 1969. MOVED by Stockman seconded by General Fund for sidewalk and Jensen carried to transfer $2,800.00 from the fencing along the north side as recommended by the Village Manager. Request for Water Connection, Mobil Oil Station, 9405 Medicine Lake Road: All present agreed to add the above item to the agenda. The Village Manager presented a request for water connection to New Hbpe water for Mobil Oil Station at 9405 Medicine Lake Road and a sign waiver of assessment hearing. MOVED by Garis seconded by Stockman carried to authorize the assessor to assess Mobil Oil Station at 9+05 Medicine Lake Road for water connection to New Hope for 1970 watermain at $6.00 per foot and to reimburse New Hope under the existing agreement between New Hope and Golden Valley on joint watermains. 1970 Budget: Member Jensen introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 1970 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1969 COLLECTIBLE IN 1970" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following Regular Meeting of the Village Council, October 7, 1969 members voted in favor thereof: Bies, Garis, Jensen, 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__LL). Resolution Ordering 1969 Delinguent Utility Charges & Unpaid Weed Charges: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING 1969 DELINQUENT UTILITY CHARGES AND UNPAID WEED CONTROL CHARGES PLACED ON ASSESSMENT ROLLS" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following mem- bers voted in favor thereof: Bies, Garis, Jensen, 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 signa- ture attested by the Village Clerk. See Resolutions Book page. Resolution Authorizing Cancellation of 1969 Lew for Various Improvement Bonds: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1969 LEVY FOR VARIOUS IMPROVEMENT BONDS" 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, Jensen, 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. Resolution Closing the Poor Fund: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION CLOSING POOR FUND" 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, Jensen, 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-. Resolution Authorizing Issuance of $25,000 Certificate of Indebtedness: Member Garis introduced the following resolution and MOVED its adoption: 173 Regular Meeting of the Village Council, October 7, 1969 "RESOLUTION AUTHORIZING ISSUANCE OF $25,000 CERTIFICATE OF INDEBTEDNESS, PRESCRIBING THE FORM AND DETAILS THEREOF, AND LEVYING TAXES FOR THE PAYMENT THEREOF" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Jensen, 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. Resolution Providing for Budget Enforcement: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION" (A RESOLUTION PROVIDING FOR BUDGET EXECUTION) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Jensen, 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�aC/. Re: Editorial in Minneapolis Tribune on October 7, 1969: All present agreed to add the above item to the agenda. Council discussed an editorial in the Minneapolis Tribune on October 7, 1969, regarding the Golden Valley Police Department. MOVED by Stockman seconded by Garis carried to refer the matter to the Golden Valley Human Rights Commission for investigation and report to Council. Minutes of Board of Zoning Appeals (9-9-1969): MOVED by Garis seconded by Stockman carried to receive and file the minutes of the Board of Zoning Appeals for September 9, 1969. Minutes of Human Rights Commission (9-11-1969): MOVED by Stockman seconded by Bies carried to receive and file the minutes of the Human Rights Commission for September 11, 1969. Bills: MOVED by Stockman seconded by Jensen carried to approve the bills as submitted on the prelist. 174 Regular Meeting of the Village Council, October 7, 1969 MOVED by Stockman seconded by Bies carried to adjourn the meeting at 1:45 A.M. -" JJJU4A--� Mayor Attest: Village Clerk 1 LI