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07-06-71 City Council Minutes93 REGULAR MEETING of the VILLAGE COUNCIL July 6, 1971 Pursuant to due call and notice thereof, a regular meeting of the Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on July 6, 1971, at 7:30 o'clock P. M. The following members were present: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the following were absent: None. Present were Village Manager, Barkley G. Omans, Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Superintendent of Building & Zoning, Jon Westlake; Village Clerk, Helen Penniman. Minutes of June 21, 1971: MOVED by Paulson seconded by Ulstad carried to approve the minutes of June 21, 1971, as submitted. 1970 Village Audit - George Hansen Company: Mr. George Hansen and Gordon Anderson were present to review the Village Audit for 1970. Mr. Hansen stated that the village funds were in excellent condi- tion. MOVED by Ulstad seconded by Stockman carried to accept the audit and place on file in the Clerk's office. Public Hearing - Street Improvements - 71 -SI -9, 14, & 15: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (71 -SI -9 On Golden Valley Road from Rhode Island Avenue to Pennsylvania Avenue; 71 -SI -14 On Mandan Avenue adjacent to Lots 1 and 2, Block 6, Glenwood View; and 71 -SI -15 on the South side of 26th Avenue North, from Zenith Avenue to Xerxes Avenue) described in the resolution of this Council relating there- to, adopted on June 7, 1971. 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. 71 -SI -9: Councilman Hoover stepped down from the table because of a personal involve- ment. Mr. Wayne Johnson, Property Committee of Calvary Lutheran Church, requested a change of the concrete apron on the church property to facilitate changes in their parking lot in the future. Regular Meeting of the Village Council, July 6, 1971 Robert R. Hoover stated he had no objection to the curb and gutter. The Mayor closed the public hearing. 71 -SI -14: The Village Engineer recommended driveway apron changes for Lots 1 & 2, Block 6, Glenwood View. The Mayor closed the public hearing. 71 -SI -15: Frank L. Farrell, 3100 Manor Drive, asked the cost per foot, the percent- age of interest on the unpaid balance and length of assessment. Mr. Far- rell requested that holes in the street be filled until the street work is completed. He favors the proposed street improvement. Mr. Barry K. Noack, 2534 Zenith Avenue North, in favor of construction. The Mayor closed the public hearing. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (71 -SI -9, 14 & 15) The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; 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 Z e . Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" 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: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the following voted against the same: None, whereupon said resolution was declar- ed duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page Ll . Request for Reconsideration of 1971 -RSL -40 (Street Lighting) Pat Darcey: Mr. Darcey, 3240 Orchard Avenue North, was not present and no petition re- questing reconsideration of street lighting 71 -RSL -40 was received. A large 95 Regular Meeting of the Village Council, July 6, 1971 group of residents from the area were present and requested that the instal- lation of street lights be continued immediately. Mr. Lee Sanford, 3211 Orchard Avenue North, that the stoppage of installation of street lights has created hard feelings in the community it was rather poorly handled. Mr. Gerald Hansen, 2946 Orchard Avenue North, asked where Mr. Darcy was in January, 1971, when the public hearing was held. Mr. Gene K"T, Northern States Power Company, will release the hold on the construction and proceed as soon as all obstacles are cleared. MOVED by Paulson seconded by Ulstad carried to lift the hold order and resume construction. Award of Plaque - Lyle Jensen: The Mayor presented a plaque to Lyle Jensen for his dedicated service for eleven and one half years on the Planning Commission and one and one half years on the Village Council. MOVED by Paulson seconded by Ulstad carried to receive the request and notify the school district that Council is sympathetic to their request and invite the district to any future meeting with the highway consultants. Holiday Motor Hotel - Renewal of "On -Sale" Liquor License: Councilman Ulstad was excused from the meeting at this time. Mr. Jarl M. Fechner, Holiday Motor Hotel, 812 Lilac Drive North, presented plans for proposed improvements to the kitchen area, estimated cost $40,000.00. Mr. Pertl, Big Steer, has a management contract for the dining room and will finance the improvements. They expect to start work before August 1, 1971. MOVED by Stockman seconded by Paulson carried to approve the renewal of the "On -Sale" liquor license for the Holiday Motor Hotel, subject to the above improvements being made during the license year. Member Hoover voted "No". Request for "On -Sale" Club Liquor.License, VFW Post #7051: Mr. Lien & K. G. Weller, VFW Post #7051, appeared to request the proposed "Club", "On -Sale" Liquor license. They expect to move the club location in Mr. Jensen stated he hoped he would be able to serve again in the future. Request for Pedestrian Crossing on T.H. #12 - Independent School Dist #275: The Village Manager presented a request dated June 17, 1971, from Indepen- dent School District #275 to provide an overhead walkway for pedestrians on T.H. #12 east of T.H. #100. MOVED by Paulson seconded by Ulstad carried to receive the request and notify the school district that Council is sympathetic to their request and invite the district to any future meeting with the highway consultants. Holiday Motor Hotel - Renewal of "On -Sale" Liquor License: Councilman Ulstad was excused from the meeting at this time. Mr. Jarl M. Fechner, Holiday Motor Hotel, 812 Lilac Drive North, presented plans for proposed improvements to the kitchen area, estimated cost $40,000.00. Mr. Pertl, Big Steer, has a management contract for the dining room and will finance the improvements. They expect to start work before August 1, 1971. MOVED by Stockman seconded by Paulson carried to approve the renewal of the "On -Sale" liquor license for the Holiday Motor Hotel, subject to the above improvements being made during the license year. Member Hoover voted "No". Request for "On -Sale" Club Liquor.License, VFW Post #7051: Mr. Lien & K. G. Weller, VFW Post #7051, appeared to request the proposed "Club", "On -Sale" Liquor license. They expect to move the club location in Regular Meeting of the Village Council, July 6, 1971 approximately six months. Council requested a report from the Village Health Officer and Fire Department on the premises at 9+00 Golden Valley Road. MOVED by Stockman seconded by Paulson carried to defer pending reports from staff. License Application - Ernst Machinery & Housemoving Corporation: MOVED by Paulson seconded by Stockman carried to approve the license for Ernst Machinery & Housemoving Corporation. Moving House - From 7509 Golden Valley Road to 1610 Yosemite Avenue North: Councilman Hoover stepped down from the table because of a personal invol- ment. Mr. Ed. Jordan requested a house moving permit for the home at 7509 Golden Valley Road to be moved to 1610 Yosemite Avenue North. MOVED by Paulson seconded by Stockman carried to approve the house moving permit for the home at 7509 Golden Valley Road to 1610 Yosemite Avenue North. Purchase of Six Automatic Voting Machines: The Village Manager presented a request to purchase six used Automatic Voting Machines from Computer Election Systems at $4,800.00 F.O.B., Flint, Michigan. MOVED by Paulson seconded by Stockman carried to approve the purchase of six used Automatic Voting Machines for $4,800.00 plus freight from Flint, Michigan, and approve transfer of $5,220.00 from Contingency Fund to the Election Budget. Request for Public Hearing - Easement Vacation & Dedication, Murri-Mac Replat, Outlot 2: MOVED by Hoover seconded by Stockman carried to call a Public Hearing on August 2, 1971, for Vacation of Easement & Dedication of Outlot 2, Murri-Mac replat. Liquor & Beer Ordinance Changes: The Village Attorney proposed several ordinance changes in the liquor and beer ordinances to conform with the Minnesota Legislative changes relating to voting on election days other than state wide elections, off -sale per- mitted on certain holidays, hours of sale for non -intoxicating sale on election days, permitting minors to work in establishments selling intoxi- cating liquor. Regular Meeting of the Village Council, July 6, 1971 MOVED by Stockman seconded by Hoover carried to request the Village Attorney to prepare an amendment to the liquor and beer ordinances to conform with the Minn. Legislative changes and to increase the "On -Sale" Liquor Licenses from $4,000.00 to $5,000.00 effective July 1, 1972. License List: MOVED by Ulstad seconded by Paulson carried to approve the license list with the exception 1502 (Bonanza Rest.) as follows: No. Licensee Type Fee 1499 North Star Amusement Itinerant Food $20.00 1500 Chrysler City, Inc. Carnival 50.00 1501 Gallagher's Disposal Garbage Hauler 26.00 1503 Richard Smith Solicitor 10.00 1504 John B. Tait Solicitor 10.00 Request re: 71 -PUD -3, Olson Concrete Company: The Village Manager presented a request from the Olson Concrete Company, dated July 1, 1971, that they re -submit a revised scheme to the Planning Commission for their consideration on 71 -PUD -3. MOVED by Hoover seconded by Paulson carried to -'refer the request to the Planning Commission for their consideration. Request for Waiver of Platting Ordinance - 5601 Olson Hwy., 435 Turner's Crossroad No.: The Superintendent of Building & Zoning presented a request for waiver of the Platting Ordinance for 5601 Olson Memorial Highway and 435 Turner's Crossroad North for Lot Division of the following property: 5601 Olson Memorial Hirhway: "That part of the Following described Tract of Land commenc- ing at a point on South line of 6th Avenue North 929 6/10 feet Eastfrom West line of Lot 3, Sec. 33, Range 118, Town- ship 21, the South 591 88/100 feet to North line of F B Turn- er land thence East along North line thereof to East line of Lot 3 thence North to South line of 6th Avenue North thence West to beginning lying West of the South 198 feet thereof and East of the West 100 Feet thereof except all that part of the following described tract: That part of Gov't. Lot 3, Sec. 33, T. 118, R. 21, described as follows: Commencing at the NW corner of the N 99.0' of the South 198.0' of the E. 149.0' of the W 1078.6' of that part of said. Govt. Lot 3 lying N. of SKELLY'S ADDITION; thence E. along the N. line of said N. 99.0' of the S. 193.0' a dis- tance of 149.0' to the point of beginning; thence deflect to Regular Meeting of the Village Council, July 6, 1971 the left 10055' to the SW'ly right of way line of State Highway No. 55; thence SE'ly along said right of way line to the N'ly line of said N. 99.0' of the S. 198.01; thence W. along said N. line to the point of beginning, except,State Highway Land." 435 Turner's Crossroad North: "N 99 ft. of S 198 ft. of that part of Govt Lot 3, Sec. 33, R.118, T. 21, lying N of SKELLY'S ADDITION and E. of the W 1078 6/10 ft thereof; along with all that part of the following described tract: That part of Gov't. Lot 3, Sec. 33, T. 118, R. 21, described as follows: Commencing at the NW corner of the N 99.0' of the South 198.0' of the E. 149.0' of the W 1078.6' of that part of said Gov't. Lot 3 lying N. of SKELLY'S ADDITION; thence E. along the N. line of said No. 99.0' of the S. 193.0' a distance of 149.0' to the point of beginning; thence deflect to the left 10055' to the SW'ly right of way line of State Highway No. 55; thence SE'ly along said right of way line to the N'ly line of said N. 99.0' of the S. 198.01; thence W. along said N. line to the point of beginning, except State Highway Land." MOVED by Stockman seconded by Paulson carried to approve the waiver of Platting Ordinance for the above referenced property, subject to the stipulations of the Planning Commission. Request for Pennant Permit - Byerly Foods, 5725 Duluth Street: All present agreed to add the above item to the agenda. The Superintendent of Building & Zoning presented a request to fly a pennant for 30 days at Byerly Foods, 5725 Duluth Street, announcing 24 hours per day and 7 days per week for hours of business. MOVED by Paulson seconded by Stockman carried to deny the request. Quotation for Water Service - Medley Hills Park: The Village Manager presented quotations for water service for Medley Hills Park as follows: 0 & H Excavating $2,285.00 Martz Bros. 2,649.00 MOVED by Paulson seconded by Stockman carried to award the bid to the low quotation 0 & H Excavating for $2,285.00. Police Ride Along ProEram: The Village Attorney presented a release and waiver on a proposed program for Police Ride Along. MOVED by Stockman seconded by Hoover carried to approve the policies as presented by the Public Safety Director on the Police Ride Along Program, with the additional requirement of a signed release from the ride along. Regular Meeting of the Village Council, July 6, 1971 Request for Public Hearing - 71 -SS -3, Good Shepherd Church; (8-2-1971): Member Hoover introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 71 -SS -3) The motion for the adoption of the foregoing resolution was seconded by Member Stockman, and upon vote being taken thereon the following members voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; 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 6r Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION" (REQUESTING NEW HOPE PARTICIPATION IN STORM SEWER CONSTRUCTION - 71 -SS -3) The motion for the adoption of the foregoing resolution was seconded by Member Hoover, and upon vote being taken thereon the following voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopt- ed, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page. Planning Commission Minutes - June 14th & 28, 1971: MOVED by Paulson seconded by Stockman to receive and file the Planning Commiss- ion minutes for June 14 and 28, 1971. Reauest for Public Hearing - 71 -PUD -4, Dittrich Office Building (8-2-1971): MOVEDby Stockman seconded by Hoover carried to call a public hearing on 71 -PUD -4, Dittrich Office Building on August 2, 1971. Environmental Committee Appointment: MOVED by Stockman seconded by Paulson carried to appoint Eugene Sander, 8510 Patsy Lane, to the Environmental Committee. Park & Recreation Commission Minutes - June 24, 1971: MOVED by Hoover seconded by Stockman carried to receive and file the minutes of the Park & Recreation Commission for June 24, 1971. MOVED by Hoover seconded by Stockman carried to receive and file the minutes of the Park & Recreation Commission for June 24, 1971. 100 Regular Meeting of the Village Council, July 6, 1971 Civil Service Commission - Request Meeting With Council: Council set a meeting with the Civil Service Commission at 6:00 P.M., on July 12, 1971. Building Board of Review Minutes - June 15, 1971: MOVED by Stockman seconded by Paulson carried to receive and file the Building Board of Review minutes for June 15, 1971. Bills & Claims: MOVED by Paulson seconded by Hoover carried to approve the bills as submitted on the prelist. Discussion of Traffic Signals on Winnetka Avenue North: Council discussed various negotiations with Hennepin County in an attempt to have traffic signals installed on Winnetka Avenue North. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION STRESSING THE URGENCY FOR LOCATION OF TRAFFIC SIGNALS ON WINNETKA AVENUE" The motion for the adoption of the foregoing resolution was seconded by Member Ulstad, and upon vote being taken thereon the following voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; 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 6 & MOVED by Hoover seconded by Stockman carried to adjourn the meeting at 1:00 A.M. Attest: Village Clerk mayor 1