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09-08-70 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL September 8, 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 September 8, 1970, at 7:30 o'clock P.M. The following members were present: Bies, Jensen, Paulson, Stockman, and Teresi; and the following were absent: None. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Super- intendent of Building & Zoning, Jon Westlake. MOVED by Stockman seconded by Paulson carried to add the following item to the agenda: "Relocation of Service Road and Access". 3915 Golden Valley Road, MiSCCA: Mr. Robert Silverman, Attorney for MiSCCA, requested clarification of action dealing with MiSCCA building permit, i.e., Council granted approval of the proposed new driveway entrance and agreed to vacate the former easement for said driveway when the new easement is presented. MOVED by Jensen seconded by Paulson carried to call a Public Hearing for Easement Vacation on October 19, 1970. Minutes of August 17, 1970: MOVED by Stockman seconded by Paulson carried to approve the minutes of Aug - est 17, 1970, as corrected. Acceptance of Plat - Mutual Cemetary of Golden Valley: The Village Clerk presented an 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 present to do so were afforded opportunity to express their views thereon. OBJECTOR OBJECTION None None The Mayor closed the public hearing. Member Jensen introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, September 8, 1970 RESOLUTION (Acceptance of Plat - Mutual Cemetery of Golden Valley) The motion for the adoption of the foregoing resolution was seconded by Member Bies, and upon vote being taken thereon the following voted in favor thereof: Bies, Jensen, Paulson, 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_; _ Public Hearing - Public Improvement RSL -38 - Street Lighting: The Village Clerk presented an 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 hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon. No persons presented object- ions except the following: OBJECTOR OBJECTION None None The Mayor closed the Public Hearing. Member Paulson introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Residential Street Lighting - 70 -RSL -38) 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, 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_LZ,�,. Proposed Phosphate Disclosure Ordinance - Representative Rolf Nelson: Representative Rolf Nelson presented a proposed ordinance regarding disclo- sure of phosphates in detergents and requested Council approval. MOVED by Paulson seconded by Jensen carried to commend Representative Nel- son and direct the Village Attorney to prepare a proposed phosphate dis- closure ordinance for Golden Valley. Regular Meeting of the Village Council, September 8, 1970 Storm Water Report, Sweeney Lake, Barr Engineering: Mr. Farnsworth of Barr Engineering reported on their study of storm water drainage into Sweeney Lake. Several alternative solutions were suggested i.e., to by-pass Sweeney Lake to Twin Lake, by-pass both lakes to Bassett Creek, and a diversion of storm water to a ponding area south of the rail- road tracks, or a smaller area north of the railroad tracks, install fil- ter beds in the proposed ponds to strain impurities. Mr. Howard J. Blume, 1605 St. Croix Circle, questioned Mr. Fransworth at length regarding the Barr Engineering report. Mr. Steve C. Fiterman, 6371 Barrie Road, Edina, owner of property on the southwest of Sweeney Lake, questioned some aspects of the report. Dr. Milton Alter, 1820 Major Drive, expressed concern over pollution pro- blems and asked the Council not to make a hasty decision. Mr. Robert VanHauer, reviewed a letter dated September 8, 1970, from the Sweeney Lake Association. Dr. Robert J. Boller, 1040 Angelo Drive, questioned the appearance of the holding ponds. Mr. Allen R. Anderson, 1900 Major Drive North, inquired about the increased volume of water from the new storm pipe as compared with the present flow. Mr. H. S. Bruder, 1130 Angelo Drive, asked how many acres are in the entire drainage area that will be draining into Sweeney Lake. The Mayor closed the public hearing. Member Bies commended the Basset Creek Flood Commission on their work. MOVED by Jensen seconded by Stockman carried to defer the matter for six months pending a biological report by Professor Shapiro, a report on costs and the flood level of the lake. Council proposed a joint meeting between the Sweeney Lake Association, the Village Engineer and the Council in two or three months for a progress re- port. The proposed six months study is estimated to cost $2,000.00. Coun- cil requested the Village Staff to secure a complete study on the total st- orm water problem. ContinuedPublic Hearing - Plat, Green Valley Estates & Olympia Oaks Second Addition: The Village Attorney reported that the bond and deed were in order for the Green Valley Estates Plat. Member Bies introduced the following resolution and MOVED its adoption: 1 1. 59 Regular Meeting of the Village Council, September 8, 1970 "RESOLUTION" (Acceptance of Plat - Green Valley Estates) The motion for the adoption of the foregoing resolution was seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Bies, Jensen, Paulson, 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_aZ. MOVED by Paulson seconded by Jensen carried to continue the public hearing on the plat of Olympia Oaks Second Addition. Continuation of Appeal from BZA - 1530 Pennsylvania Avenue North: Mr. Loscheider was present to request the appeal from the Board of Zoning Appeals, at 1530 Pennsylvania Avenue North. MOVED by Jensen seconded by Bies carried to defer the item to the next council meeting. Continuation of Public Hearing - Street Vacation, Ensign Avenue: Mr. Brenny of Premier Realty was present to request waivers and to present the proposed use of the property at 9001 Golden Valley Road and requested the street vacation of Ensign Avenue. Dr. Robert Hoover, Chairman of Board of Zoning Appeals presented the recommend- ation of the Board of Zoning Appeals to deny the request. MOVED by Stockman seconded by Jensen carried to continue the public hearing on the street vacation of Ensign Avenue and to deny the appeal from the Board of Zoning Appeals. Eldon G. Haggerty - Re: Use of Loud Speaker for G.O.P. Candidates Night 9 -19th & Request for Itinerant Food License: MOVED by Jensen seconded by Stockman carried to approve the request for use of Loud Speaker for G.O.P. Candidates Night on September 19, 1970, subject to a 10:30 P.M., deadline for use of speaker. MOVED b y Bies seconded by Stockman carried to approve the Itinerant Food Lic- ense. Human Rights Commission - Proposed Human Rights Program for 1971: MOVED by Paulson seconded by Jensen carried to accept the Human Rights Program for 1971 as proposed. Human Rights Commission Minutes - August 20, 1970: Regular Meeting of the Village Council, September 8, 1970 MOVED by Bies seconded by Jensen carried to receive and file the Human Rights Commission Minutes for August 20, 1970. Request to Ride with Police - Human Rights Commission: MOVED by Jensen seconded by Bies carried to defer the item to next Council meeting pending a report from the Village Attorney and insurance company on Village liability. Request for Sign Permit, 8950 Olson Highway, Village Gas, Richard Stoeckman: The Superintendent of Building and Zoning stated the sign was 254 sq. feet and the maximum allowed under the ordinance is 100 sq. feet. MOVED by Stockman seconded by Paulson carried to limit the sign to 200 sq. feet in area. Request for Ham Radio Tower - 30' High, James R. Hicks, 3235 Kyle Ave. North: MOVED by Stockman seconded by Paulson carried to approve the request for a Ham Radio Tower, 30' in height at 3235 Kyle Avenue North. Request for Building Permit - Change Exterior Finish, Vick's Marine & Auto, 721 Hampshire Ave. South: The Superintendent of Building and Zoning presented the request for a build- ing permit at 721 Hampshire Avenue South and informed Council of a proposed change in the exterior finish of the building. MOVED by Jensen seconded by Paulson carried to approve the request for a build= ing permit subject to the following: 8' high fence around storage area, screen the mechanicals on the roof, post a $5,000 landscape bond, and approval of the Superintendent of the Building and Zoning Department. Request for Footing Permit, 6950 Wayzata Boulevard, Office Building, James P. Hoben: Mr. Hoben was present to request the footing permit and show the exterior pre- cast panels with brick facing proposed for the building at 6950 Wayzata Boule- vard. MOVED by Paulson seconded by Jensen carried to approve the footing permit at 6950 Wayzata Boulevard, subject to approval of the Superintendent of Build- ing and Zoning. Request for Building Permit - Arthur Treacher Fish & Chips, 6620 Wayzata Blvd.: The architect for Fish & Chips presented the plans and plat for the proposed building at 6620 Wayzata Boulevard. Council discussed returning the request to the Building Board of Review due to the plastic material and oversize of the proposed sign. 1 1 I Regular Meeting of the Village Council, September 8, 1970 MOVED by Bies seconded by Stockman to approve the request without the pro- posed pylon sign. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies YES Jensen NO Teresi NO The motion lost. Paulson NO Stockman YES IG] MOVED by Paulson seconded by Jensen to approve the request with the pylon as requested. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies NO Jensen YES Teresi Yes The motion was carried. Paulson Yes Stockman NO MOVED by Paulson seconded by Stockman carried to require a $7,000 landscape bond with a time limit of two years, for Fish & Chips at 6620 Wayzata Boule- vard. F. B. Seward dba Winsmore Company, Re: Mobile Home: The Superintendent of Building & Zoning presented a request from F. B. Seward to place a mobile home on Wayzata Boulevard between Wisconsin & Xylon Avenues. MOVED by Bies seconded by Jensen carried to deny a permit for a mobile home even for storage, the vehicle must be removed by September 30, 1970. Mrs. A. L. Kane, 3850 Bassett Creek Drive, Re: Neighborhood Park: The Village Manager presented a letter from Mrs. A. L. Kane, 3850 Bassett Creek Drive regarding a neighborhood park. MOVED by Stockman seconded by Jensen carried to refer the request to the Park and Recreation Commission. Golden Valley Chamber of Commerce - Re: Representative at Council Meetings: The Village Manager presented a letter dated August 19, 1970, from the Chamber of Commerce regarding a representative being present at Council meetings. MOVED by Jensen seconded by Bies carried to receive and file the letter from the Chamber of Commerce. License List• MOVED by Jensen seconded by Bies carried to approve the license list as follows: Regular Meeting of the Village Council, September 8, 1970 Council discussed a proposed occupancy license and referred the matter to the Planning Commission for recommendation. Planning Commission Minutes - August 24, 1970: MOVED by Stockman seconded by Jensen carried to receive and file the Planning Commission minutes for August 24, 1970. Special Use Permit fee: The Planning Commission recommended a $50.00 filing fee for Special Use Permits. MOVED by Stockman seconded by Paulson carried to approve the $50.00 Special Use Permit filing fee as recommended by the Planning Commission. Award of Bids - Utility Building Curb & Gutter, Fence: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Village Engineer and Superintendent of Sewer & Water Department met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M., on September 3, 1970, and publicly opened and read the bid as follows: BIDDERS TOTAL BID Krueger Construction - 786-2352 $5,247.90 (Corrected) 866 Oak Lane, Circle Pines Orvedahl Construction, Inc. - 544-8609 $6,617.00 7711 Country Club Drive 55427 Victor Carlson & Sons - 545-5697 $7,597.50 2246 Edgewood Ave. S. 55426 Berglund -Johnson 474-5428 $9,156.00 351 Second Street Excelsior 55331 MOVED by Stockman seconded by Bies to award the bid to the low bidder, Krueger Construction in the amount of $5,247.90. LICENSES FOR APPROVAL Sept. 8, 1970 No. Licensee Type Fee 974 KFC Operating Co, of Minn., Inc. Food Establishment $25.00 975 Audrey Knutson Auctioneer 1.00 976 Dennis Schmidt Solicitor F. Brushes 10.00 977 Brian Burck if it10.00 978 The G. V. GOP Exec. Committee Itinerant Food 10.00 979 H. Salt's Esq. - Fish & Chips Food Establishment 25.00 Council discussed a proposed occupancy license and referred the matter to the Planning Commission for recommendation. Planning Commission Minutes - August 24, 1970: MOVED by Stockman seconded by Jensen carried to receive and file the Planning Commission minutes for August 24, 1970. Special Use Permit fee: The Planning Commission recommended a $50.00 filing fee for Special Use Permits. MOVED by Stockman seconded by Paulson carried to approve the $50.00 Special Use Permit filing fee as recommended by the Planning Commission. Award of Bids - Utility Building Curb & Gutter, Fence: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Village Engineer and Superintendent of Sewer & Water Department met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M., on September 3, 1970, and publicly opened and read the bid as follows: BIDDERS TOTAL BID Krueger Construction - 786-2352 $5,247.90 (Corrected) 866 Oak Lane, Circle Pines Orvedahl Construction, Inc. - 544-8609 $6,617.00 7711 Country Club Drive 55427 Victor Carlson & Sons - 545-5697 $7,597.50 2246 Edgewood Ave. S. 55426 Berglund -Johnson 474-5428 $9,156.00 351 Second Street Excelsior 55331 MOVED by Stockman seconded by Bies to award the bid to the low bidder, Krueger Construction in the amount of $5,247.90. Regular Meeting of the Village Council, September 8, 1970 Budget for 1971: The Village Manager presented the proposed budget for 1971, with a proposed mill rate of 42.2 mills, based on an assessed valuation of $36,000,000. Council set a budget meeting for September 15, 1970, at 6:30 P.M. Designation of Auditors for 1970: The Village Manager presented a letter dated August 31, 1970, from George M. Hansen Company, requesting consideration as the auditors for 1970 audit for the Village. MOVED by Stockman seconded by Jensen carried to retain the George M. Hansen Company for the 1970 village audit. August 1970 Budget Report: The Village Manager presented the August 1970 budget report. No action taken. Amendment to Ordinance regarding Platting Fees - Village Attorney: The Village Attorney presented a proposed amendment to the Ordinance regard- ing Platting Fees. MOVED by Stockman seconded by Jensen carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Filing Fees - Re: Plats) MOVED by Jensen seconded by Stockman carried to approve the ordinance herein quoted by title on its first reading. Request for Public Hearing - 1970 Assessment Roll: MOVED by Jensen seconded by Bies carried to call a public hearing on Assess- ments for various public improvements on October 5, 1970. Park & Recreation Minutes - August 27, 1970: MOVED by Paulson seconded by Jensen carried to receive and file the Park & Recreation minutes for August 27, 1970. Board of Review Minutes - September 1, 1970: MOVED by Bies seconded by Stockman carried to receive and file the Building Board of Review minutes for September 1, 1970. Jaycees Recommendation - Member Police Community Relations Committee: The Village Manager presented the recommendation from the Jaycees to appoint Larry Lage as Jaycees representative to the Police Community Relations Com- mittee. 164 Regular Meeting of the Village Council, September 8, 1970 MOVED by Stockman seconded by Bies carried to appoint Larry Lage as the Jaycee representative to the Police Community Relations Committee. Designation of Hennepin County League Board Member: Member Stockman was designated as Golden Valley representative to Hennepin County League Board and Cliff Teresi as alternate member from Golden Valley. Bills: MOVED by Stockman seconded by Jensen carried to approve the bills as sub- mitted on the prelist. MOVED by Stockman seconded by Bies carried to adjourn the meeting at 2:30 A. M. Attest: Village Clerk Mayor 1