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04-20-70 City Council Minutes68 REGULAR MEETING of the VILLAGE COUNCIL April 20, 1970 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 April 20, 1970, at 7:30 o'clock P. M. The following members were present: Bies, Jensen, Paulson, and Teresi; and the following was absent: Stockman. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Asst Building Inspector, Jon Westlake. Public Hearing - Public Improvements 70-WM-4, 70 -LF -3, 70 -LF -4: 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 Watermain 70-WM-4, Proposed Sanitary Sewer 70 -LF -3, 70 -LF -4, described in the resolution of this Council relating thereto, adopted on March 16, 1970. 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 Jensen introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Watermain - 70-WM-4; Proposed Sanitary Sewer - 70 -LF -3, 70 -LF -4) 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, Jensen, Paulson, 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_ILI. 1 1 1 Regular Meeting of the Village Council, April 20, 1970 Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (Proposed Watermain - 70-WM-4; Proposed Sanitary Sewer - 70 -LF -3, 70 -LF -4) 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, Jensen, Paulson, 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 page1 /2//-. Public Hearing Public Improvements - Grading & Gravelling (70 -SI -1, 70 -SI -2); Concrete Curb & Gutter & Bituminous Surfacing (70-SI_,4_,_70-SI-6 70 -SI -8,70 -SI -9 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 grading and gravelling - 70 -SI -1, 70 -SI -2, Proposed concrete curb and gutter and bituminous surfacing - 70 -SI -4, 70 -SI -6, 70 -SI -8, Proposed bituminous surfacing - 70 -SI -9, described in the resolution of this Council relating thereto, adopted on March 16, 1970. Said affidavit was then examined approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said pro- posed public improvements, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: 70 -SI -2: OBJECTOR Mr. Howard H. Tyree 2120 Winnetka Avenue North Mr. Bryan Bennett OBJECTION Mr. Tyree asked why the improve- ment was being considered now. Mr. Bennett questioned the cost of fill, and requested separate bids be taken on the removal of fill and peat. The Village Manager read,a letter from Fred E. Jones, 5905 Westbrook Road, objecting to the proposed improvement, and a letter from Frank J. Neuman, 14 Western Terrace requesting the public hearing be continued. _70 -SI -8: OBJECTOR Mr. Earl Daniels 1532 Mendelssohn Avenue North OBJECTION Mr. Daniels questioned if the street would be elevated higher than his lot, if he would have a drainage problem. iU Regular Meeting of the Village Council, April 20, 1970 70 -SI -8 continued: OBJECTOR OBJECTION Mr. David Berg Questioned if the street could 1601 Independence Avenue North be improved without curb and gutter. 70 -SI -9: The following residents favored the improvement, but requested curb and gutter also be constructed: Mr. Ed. J. Payne, 8005 Jonellen Lane; John V. Hopponen, 2400 Valders Avenue North, Vernon Sunset, 2450 Valders Avenue North, Don J. Kluge, 7979 Jonellen Lane; B. E. Kassler, 2445 Valders Avenue North. Member Jensen introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Curb & Gutter - 70 -SI -14) The motion for the adoption of the foregoing resolution was duly seconded by Member Paulson, and upon vote being taken thereon, the following voted in favor thereof: Bies, Jensen, Paulson, 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_126. MOVED by Jensen seconded by Bies carried to continue the public hearing to May 18, 1970. Request to Establish 23rd Avenue North a State Aid Street: All present agreed to add the above matter to the agenda. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS" (23rd Avenue North) 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, Jensen, Paulson, 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 g., Member Bies introduced the following resolution and MOVED its adoption: 1 1 71 Regular Meeting of the Village Council, April 20, 1970 "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS" (Rhode Island Avenue North) The motion for the adoption of the foregoing resolution was duly seconded by M mber Pauls�? an up g vot being taken thereon the followin members Utel in fav$rtPi � i =. 6SR, �RR�9U-toEiaAlanreg$lu ���is'wa hie 4 ��Il ly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page_L? . Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Bituminous Surfacing 70 -SI -1, 70 -SI -4 7o-si-6, 70 -SI -8, 70 -SI -9) The motion for the adoption of the foregoing resolution was duly seconded by Member Paulson, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Jensen, Paulson, 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 - 9/ . Public Hearino - Public Improvements - 70 -SS -1; Storm Sewer: 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 - 70 -SS -1, described in the resolution of this Council relating thereto, adopted on March 16, 1970. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said proposed improvements, and all persons present to do so were afforded oppor- tunity to express their views thereon. No persons presented objections ex- cept the following: OBJECTOR Mrs. Cramer T.H. #100 Mr. Ray J. Choromanski 1315 Angelo Drive Mr. Fred T. Cruzen 1441 Angelo Drive OBJECPION Stated the storm sewer would do them no good, they have already paid for storm sewer. Lived there 22 years, recommended that Johnstons raise their house two blocks and fill basement. A less expensive solution could be achieved, recommended a sump pump. Mr. George Fisher Questioned when present storm sew - 5300 Topel Road was constructed. 72 Regular Meeting of the Village Council, April 20, 1970 OBJECTOR OBJECTION Mr. Peter Johnson Asked if it was a storm water 5330 Topel Road run-off? Mr. Joe H. Carroll 1433 Angelo Drive Questioned why the pond was not fenced if it is public. Mr. Grant R. Turner 1416 Unity Avenue North Suggested using storm sewer fund to alleviate the problem for one resident Mr. Herbert F. Bedwell Referred to minutes of meetings in 1335 Angelo Drive 1956 or 1957. Mr. Will C. Winther 1448 Toledo Avenue North Questioned if there was some other cheaper method. Mr. Paul H. Brink 1325 Angelo Drive Asked how long before storm sewer will be complete and assessed throu- ghout the entire Village. Mr. Arthur Olofson 1334 Spring Valley Road Problem is greater than isolated case. Continued dumping of storm water into Sweeney Lake will spoil a Village asset. A Consultant should deter- mine storm water damage to Sweeney Lake. Mr. Richard P. Dunn Have heard from people around the 1311 Toledo Avenue North pond, no problem. MOVED by Jensen seconded by Bies carried to continue the public hearing to May 18, 1970, to obtain more information. Member Paulson voted "NO44. Petition for Automatic Traffic Control Signals at Golden Valley Road & Noble Avenue, Noble Drive, Maior Drive & Kyle Place: The Village Manager submitted a petition from the residents of Heathbrook area, requesting a study of the vehicular and pedestrian traffic on Golden Valley Road near its intersection with Noble Avenue, Noble Drive, Major Drive, and Kyle Place, and to erect such automatic traffic control signals as may be reasonable in the interest of safety. Mr. John E. Wasche, 1830 Major Drive, stated the County is liable when they have been petitioned and notified of danger at an intersection. Mr. Wasche suggested a letter be obtained from the School District regarding the traffic problem. Member Jensen introduced the following resolution and MOVED its adoption: "RESOLUTION REQUESTING HENNEPIN COUNTY TO STUDY THE FEASIBILITY OF A TRAFFIC SIGNAL AT GOLDEN VALLEY ROAD AND NOBLE AVENUE, NOBLE DRIVE, KYLE PLACE AND MAJOR DRIVE" Regular Meeting of the Village Council, April 20, 1970 The motion for the adoption of the foregoing resolution was seconded by Member Paulson, and upon vote being taken thereon the following voted in favor thereof: Bies, Jensen, Paulson, 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 % %l Second Readin -Ordinance Zoning 5740-5800 Duluth Street to Business & Professional Office: MOVED by Paulson seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Business and Professional Office Zoning District) (Peploe, Inc.) MOVED by Bier sec6nded by Paulson to approve the above ordinance on its second reading and to membersorder werepublication recorded asthereof. voting asUpon followscall vote being taken thereon, th Bies YES Paulson YES Jensen YES Teresi YES See Ordinance Book page �. - Second Readin - Ordinance Zoning.Village Pro ert Institutional I-4: MOVED by Paulson seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning District) MOVED by Bies seconded by Paulson to approve the above entitled ordinance on its second reading the membersorder werelrecorded asication rvotingUasnfollowsroll call vote be- ing taken thereon, Bies YES Paulson YES Jensen YES Teresi YES See Ordinance Book page_21.a• Minnesota Conservation De artment - Communication: The Village Manager presented a letter dated April 9, 1970, requesting a letter of intent to comply with the Minnesota Flood Plain Management Act, Chapter 590• MOVED by Bies seconded by Paulson carried to authorize the Village Manager to submit information as requested by the Minnesota Conservation Department. Regular Meeting of the Village Council,, April 20, 1970 Re: 69 -SS -1 Storm Sewer Contract: Mr. Gordon Garis, Chairman of the Bassett Cr k Fl od Control Commission, reviewed the organization of the,C2W i?Rh:RR �hg Agreement, of nine suburban municipalities, t the Joint Powers Agree - Mr. Palmer of Douglas Barr Engineering Company, retained by the Bassett Creek Flood Control Commission, spoke about the storm drainage area through Sweeney Lake. Mr. Palmer stated that sediments can be controlled in storm sewers. Mr. Robert VanHauer, representing the Sweeney Lake Association, questioned the sediment fall -out design of the storm sewer. MOVED by Paulson seconded by Jensen carried to conduct a feasibility study on sedimentation, retention pond or mechanical sedimentation structure, or Twin Lake as alternative settling areas and to proceed with the existing contract. Mr. John E. Wasche, 1830 Major Drive, asked that Council be put on notice: If the easement is obtained and construction of the storm sewer completed, if water is dumped into Sweeney Lake, he will do his best to sue the Village and the contractor. Mr. Robert Marrs, 1131 Toledo Avenue North, stated he was no expert and request- ed time to show exhibits and speak on environment and ecology problems. Mr. Marrs stated that a pipe enclosing storm water stops the natural cleansing of water. Mr. Marrs requested that council reserve time for him at a future meeting. Chicago iorthwestern Railway Companx Easement: Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION" (Easement - 69 -SS -1) The motion for the adoption of the foregoing resolution was seconded by Member Jensen, and upon vote being taken thereon the following voted in favor thereof: Bies, Jensen, Paulson, 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, The Village Engineer requested 20 days to negotiate easement for 69 -SS -1. MOVED by Jensen seconded by Bies carried to approve the request for 20 days to negotiate an easement for Lot 1, Adeline Addition for 69 -SS -1. License List: MOVED by Bies seconded by Paulson carried to approve the licenses as follows: Regular Meeting of the Village Council, April 20, 1970 LICENSES FOR APPROVAL April 20, 1970_ No. Licensee FTZpeee Peddler -sell fruit w/car $ 11.00 911 Wright Produce Vending N.P. 22.50 912 Heilicher Bros. �T It„ '+ Per. 20.00 913 914 Forman Ford Paints, Inc. N.P. y 5.00 5.00 915 Red Owl Stores (Gold Medal Bev.) N.P. Food Establishment 25,00 916 C. J. Sommers Co., Inc. Cadillac Inc. (Vern Pouliot)Vending NP 7.50 917 Anderson it 11Filling 5.00 918 Larry's "66” Station Station 30.00 919 Douglas Drive Mobile 920 Brunswick Carriage House Lanes, Inc.Bowling Alley 180.00 15,00 Vending N.P. 921 „ „ " " Pe"r . 15.00 922 „ " " Food Establishment 25.00 923 Pool Tables 30.00 924 925 Golden Valley Teens Club Solicitor (Plastic bags) Exempt The Followin was deleted from the March 16th List 689 Charlotte E. Sunderlin Catering Food Vehicle (popcorn wgn.) 50.00 Brookview Architects's Settlement: The Village Manager recommended that Council accept the arbitration award with the architect, Gingold- on a 50/50 basis in reaching a final settlement Pink. MOVED by Jensen seconded by Paulson carried to accept the arbitration award of the on a 50/50 basis with Gingold-Pink, Architects, upon recommendation Village Manager. Bids - Re airin Paintino Interior and Exterior. Elevated Water Tower: The Village Manager submitted a tabulation of bids for repairing, painting interior and exterior of elevated water tower as follows: Base Bid Alternate Bidder Neuman Co. Contractors, Inc. $ 49,500.00 Oak Lawn General Coatings, Inc. $ 22,080.00 Less $300.00 St. Paul Schumann Bros., Inc. $ 33,500.00 St. Paul L. M. Anderson Bldg. Restoration $ 22,090.00 76 Regular Meeting of the Village Council, April 20, 1970 MOVED by Bies seconded by Paulson carried to award the bid to the low bidder, General Coatings, Inc., in the amount of $22,030.00 less the $300.00 for acceptance of the alternate, Brookview Improvements: The Village Manager presented a recommendation from the Park & Recreation Commission that non-resident owners of businesses located in Golden Valley be able to purchase a one -name patron card on a one-year trial basis. Council deferred the matter to the meeting of May 4, 1970. Tee Mowing Machine: The Village Manager presented quotations for a Tee Mowing Machine from R. L. Gould & Company on a Jacobson Mower 76" and Toro 70" for the Park & Recreation Commission. MOVED by Paulson seconded by Bies carried to approve the Jacobson Mower 76" for the sum of $1,675.00. Brookview 'ew Improvements: The Village Manager recommended that the balance in the Brookview fund of $32,195.00 be used for the following purposes: Construction of gravel surfaced park road & parking lots, including base and excavation.. .......................... $ 20,000. Trees and seeding ....................................... 91000. Minimum of picnic tables & outdoor grilles .............. • 3,195. $ 32,195. MOVED by Jensen seconded by Paulson carried to approve the Village Manager's recommendation for the uncommitted balance of $32 rovements. ,195.00 for Brookview imp - Request for Meetin Date for Noble Avenue Improv ent: MOVED by Bies seconded by Paulson carried to call an informal public meeting regarding the improvement of Noble Avenue on May 19, 1970. roval of A reement - Northern State Power- Stora e Area - 10th Avenue North: The Village Manager submitted an agreement with Northern State Power Company for the Village to rent a storage area for materials, in the amount of $200.00 per year. MOVED by Jensen seconded by Paulson carried to authorize the Mayor and Village Manager to execute the agreement with Northern State Power Company for rental of storage area for $200.00 per year. 7f Regular Meeting of the Village Council, April 20, 1970 March Budget Statement: MOVED by Bies seconded by Jensen carried to accept the March Budget Statement. Request for Building Permit, 8810 -10th Avenue No., L.R. Development: The Acting Building Inspector presented the request for a building permit for Swanson & Associates at 8810 -10th avenue North. Mr. Neil Lindberg of Borson Building Corporation presented the plans for said building. MOVED by Bies seconded by Jensen carried to approve the building permit, subject to screening mechanical on the roof, brick front or equivelant on two street sides, Boone Avenue & 10th Avenue, a landscape plan and landscape bond of $5,000.00, subject to approval of the Building Inspector. Member Paul- son voted "NO". Request for Sign Permit - 1875 Lilac drive No. - Texaco, Inc.: MOVED by Bies seconded by Jensen carried to defer, pending more information on sign location. Request for Sign Permit - 7100 Wayzata Blvd., Lupient Oldsmobile Cam yanZ: The Acting Building Inspector presented the request for three signs for Lupient Oldsmovile Company at 7100 Wayzata Boulevard. MOVED by Bies seconded by Jensen carried to approve the request for a direct- ional sign on Market Street and identification sign, 44' high subject to a 10' set -back from right-of-way of the service road, the request for a used car sign was deferred to May 4, 1970. Request for Sign Permit - 7400 Wayzata Boulevard, Anderson Cadillac: The Acting Building Inspector presented the request for a new identification sign for Anderson Cadillac at 7400 Wayzata Boulevard. MOVED by Jensen seconded by Bies carried to approve the request for an identi- fication sign for Anderson Cadillac at 7400 Wayzata Boulevard, 44' high 10' set -back from the right-of-way of the service road. Request for Sign Permit - 6800 Wayzata Boulevard, Chrysler City: The Acting Building Inspector presented the request for two directional signs at 6800 Wayzata Boulevard for Chrysler City. MOVED by Jensen seconded by Paulson carried to approve two signs, 13' high, one in front and one to the rear of the building. • Request for State Participation in Signals on T.H. I#55 & Boone Avenue: Member Paulson introduced the following resolution and MOVED its adoption: 7 f_7 Regular Meeting of the Village Council, April 20, 1970 "RESOLUTION" 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�there6f-C-Bies- Jensens Paulson -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 /� Brick Selection - Utility Building: The Village Engineer presented sample of brick submitted by the architect for the Utility Building. MOVED by Jensen seconded by Paulson carried to approve the Tidewater brick #87474 for the Utility Building. Planning Commission Minutes - April 13, 1970 MOVED by Bies seconded by Paulson carried to receive and file the minutes of the Planning Commission for April 13, 1970. MOVED by Jensen seconded by Bies carried to call a public hearing for the pre- liminary plat of Olympia Oaks 2nd Addition on May 18, 1970. Human Rights Commission Minutes - April 92 1970: MOVED by Jensen seconded by Bies carried to receive and file the minutes of the Human Rights Commission for April 9, 1970. Morton Silverman re: Appointment: The Council received a letter dated April 13, 1970, from Morton Silverman, stating he would be unable to serve on the Planning Commission, but express- ing an interest in remaining on the Board of Zoning Appeals. MOVED by Paulson seconded by Bies carried to appoint Morton Silverman to the Board of Zoning Appeals and change Dean Moran from the Board of Zoning Appeals to the Planning Commission. Safety Council Minutes - March 23, 1970: MOVED by Jensen seconded by Paulson carried to receive and file the minutes of the Safety Council for March 23, 1970. Board of Zoning Appeals Minutes - April 14, 1970: MOVED by Bies seconded by Paulson carried to receive and file the minutes of the Board of Zoning Appeals for April 14, 1970. 11 Regular Meeting of the Village Council, April 20, 1970 Bills: MOVED by Jensen seconded by Paulson carried to approve the bills as sub- mitted on the prelist. MOVED by Jensen seconded by Paulson carried to adjourn the meeting at 2:00 A. M. Attest: r e Village Clerk 1 L Mayor