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09-07-71 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL September 7, 1971 127 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 September 7, 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; Village Clerk, Helen Penniman; Supt. of Building & Zoning, Jon Westlake; and Bruce Thompson, Attorney. Minutes of August 16, 1971, August 30, 1971 and September 1, 1971: MOVED by Ulstad seconded by Stockman carried to approve the minutes of Aug- ust 16, 1971, August 30, 1971, and September 1, 1971, as submitted. Six Year Pedestrian Safety Award, Automobile Club of Minneapolis: Mr. Eldon Ranney, Vice -Chairman of the Golden Valley Safety Council, pre- sented a Six Year Pedestrian Safety Award from the Automobile Club of Minn- eapolis, to the Mayor of Golden Valley and read a letter of commendation to the Mayor of Golden Valley and Chief of Police Everett Frandsen. The Mayor received the plaque and then presented the plaque to the plaque to the Police Chief. Public Hearing - Planned Unit Development - 71 -PUD -2 (Dempsey Probert 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. Mr. Warren Lundsgaard, Chairman of the Planning Commission, presented the recommendation of the Planning Commission (see minutes of August 5, 1971)• Mr. Dean Moran explained his vote against the proposed zoning. Mr. Olson of Caswell & Associates presented preliminary plans for the Plan- ned Unit Development (71 -PUD -2) also known as the Dempsey Property. OBJECTOR OBJECTION Mr. Phillip Pickman Represented several residents in the 1440 Pennsylvania Avenue North area. Density of the proposed PUD is Regular Meeting of the Village Council, September 7, 1971 OBJECTOR OBJECTION a key factor. All the neighbors are disappointed in the proposed plans. Traffic is a major concern, the proposed townhouses are not in the best interest of the neighbor- hood and the village. Mr. Nick Loscheider Builder & Developer, stated it is 1425 Louisiana Avenue North feasible and economically profit- able to develope the land into sin- gle family residential. Mr. Earl Wilson It would be highly profitable to 1850 Kelly Drive build single family dwelling units. Mr. Logan R. Straw Is proud of the Village and Planning 1820 Hampshire Lane Commission's good development. Don't need a buffer from the Golden Valley Golf Club. Mr. Stanley R. Horn Will have costly drainage problems. 1855 Hampshire Lane Mr. Roger O'Shaughnessy Bought & built with the knowledge of 6830 Olympia Street Residential Zoning of the property. Mr. Marvin Davis Bought with knowledge of Residential 6808 P1ymgith .Avent.e North zoning, still has recourse to the ballot and the courts. Mr. George L. Quinn Is prepared to go to court if neces- 6809 Knoll Street sary, has small children, traffic will be a hazard to them. Mr. Robert J. Fredrickson Hopes for proper planning, similar 7250 Green Valley Road to the new school on Kelly Drive. The Mayor closed the public hearing. MOVED by Paulson seconded by Ulstad to approve Phase I concept for 71 -PUD -2 as recommended by the Planning Commission. Upon roll call vote being taken thereon, the members voted as follows: Hoover YES Stockman NO Paulson YES Teresi NO Ulstad YES The Mayor declared the motion carried. F� 1 129 Regular Meeting of the Village Council, September 7, 1971 Mr. Hans Garnes, 1601 Knoll Street, stated the memorandum of the court says the area should be 100' lots. Mr. Earl Peterson, 1200 Kelly Drive, said this zoning could result in the Golden Valley Golf Course being zoned for another use because of this tran- sitional use. Public Hearing - Planned Unit Development - 71 -PUD -4 -(Dietrich Company): 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. Mr. Warren Lundsgaard, Chairman of the Planning Commission, presented the unanimous recommendation of the Planning Commission to approve Phase I, concept plan for 71 -PUD -4 (Dietrich Company). PROPONENT REASON Mr. Dietrich Presented phase I concept plan and suggested the lst floor could be lowered 5 to 8 feet in the parking area. OBJECTOR Mr. George Pennock 4263 Glenwood Avenue Mr. Victor Snyder 4300 Glenwood Avenue Mr. Norman J. Segal 4333 Glenwood Avenue OBJECTION Objected to type of building on Glenwood Avenue which is a residen- tial street. Traffic as proposed is purely speculation. Be consis- tent in concern over traffic in the Village. The parking lot is a lot more offensive than the roof of the building from T.H. #100 and the residents. Endorsed everything Mr. Pennock said. Has four children who have great difficulty in getting across Glenwood Avenue to school. Mrs. Patty Kump Has four children, concerned over 4243 Glenwood Avenue safety of children. Very strongly opposed. Regular Meeting of the Village Council, September 7, 1971 OBJECTOR (cont.) REASON Dr. David M. Brown Concerned about all aspects of the 5120 Circle Down entire village. Opposed to the concept. Mrs. Judy Sehlin Concerned over traffic and safety 4525 Douglas Drive of children. Mr. Robert W. Reitz There will be 525 cars coming and going 4625 Glenwood Avenue during lunch hour plus visitors to the building. We are talking about thous- ands of cars during the day. The Mayor closed the public hearing. MOVED by Paulson seconded by Stockman to approve phase I the concept for 71 -PUD -4 as recommended by the Planning Commission. Upon roll call vote being taken thereon, the members voted as follows: Hoover NO Stockman YES Paulson YES Teresi NO Ulstad YES The Mayor declared the motion carried. Waiver of Platting Ordinance, 201 Georgia Avenue North, Earl Wilson: Mr. Warren Lundsgaard, Chairman of the Planning Commission, presented the recommendation of the Planning Commission to approve the requested Waiver of Platting Ordinance and stated that Hennepin County established the property as a lot of record for taxing purposes in October, 1960. OBJECTOR OBJECTION Mr. J. W. McCabe Reviewed the history of the owner - 125 Hampshire Avenue North ship of the lot at 201 Georgia Ave. North. Mrs. J. W. McCabe Stated the deed was not recorded at 125 Hampshire Avenue North the Court House. Mr. Arlow W. Drewelow Questioned the status of his lot. 205 Georgia Avenue North The Mayor closed the public hearing. MOVED by Paulson seconded by Ulstad to accept the Planning Commission recom- mendation and approve the Waiver of Platting Ordinance. Upon roll call vote being taken thereon, the members voted as follows: Hoover NO Stockman NO Paulson YES Teresi YES Ulstad NO The motion lost for lack of majority. 131 Regular Meeting of the Village Council, September 7, 1971 Cedar Trails Development - St. Louis Park: The Council retained the firm of Johnson & Thompson for advice regarding the Village position in regard to the Cedar Trails Development in St. Louis Park. Mr. Bruce Thompson, Attorney, from the firm of Johnson & Thompson, submitted a memorandum and reviewed the high points in the memorandum. Mr. Thompson found the merits not too encouraging and considerable less than 50% chance of winning a case against St. Louis Park through an injunction either temporary or permanent. Mr. Paul F. Gilles, Attorney, 1445 Natchez Avenue South, requested Council to go ahead with temporary restraining order tomorrow, since there is no personal liability. Mr. Sheldon D. Karlins, Attorney, 4515 Douglas Avenue, the zoning in St. Louis Park was changed from Open Development to Single Family Dwellings in 1960. There are storm sewer and sanitary sewer easements, thinks the case could be won. Mr. Richard H. Bloom, 4417 Avondale Road, stated the issue of a building permit may take place tomorrow. Mr. Chas. B. Whitaker, Jr., 4315 Tyrol Crest, stated traffic is the biggest problem of the development. Mr. Dave Schlin, 4525 Douglas Avenue, St. Louis Park admits traffic problem exists, an injunction would give time until traffic problem is solved. Mr. R. F. Ronk, 1445 Ottawa Avenue South, a traffic counter should be used. Mr. Leo Melzer, 4415 Tyrol Crest, land values will go down on residences. MOVED by Stockman to have a restraining order issued tomorrow. The motion died for want of a second. MOVED by Hoover seconded by Paulson carried to request the Village Manager to ahk Mr. Neslund, the developer of Cedar Trails, to wait until September 16, 1971, after the Golden Valley Council meets with the St. Louis Park Council, for the purpose of solving traffic problems. Report on I-394 Corridor - Dr. David M. Brown• Dr. David M. Brown, requested limited funding up to $500.00, in principal, upon Council approval to retain a consultant and $400.00 each for Curtis Green and himself to go to Washington, D. C., to meet with the Senators & Congressmen from Minnesota in October regarding I-394 Corridor. 14OVED by Ulstad seconded by Paulson carried to transfer $1,300.00 from the Contingency Budget to Engineering Budget as above requested. Metro Council re: R.H. #100 Plans - John L. Bies: Mr. George Pennock, Metropolitan Council, reviewed points from a letter written by John L. Bies to the Metro Council regarding T.H. #100 plans. The Village will be receiving the plans for approval soon. Regular Meeting of the Village Council, September 7, 1971 Golden Valley Safety Council re: T.H. #55 Service Road: A letter dated August 13, 1971, requested the Village Council to ask the Minnesota State Highway Department to close the entrance to Highway #55 from the Service Road east of Douglas Drive adjacent to the Lutheran Bible Institute. MOVED by Paulson seconded by Ulstad carried to contact the Lutheran Bible Institute and also request the Minnesota State Highway Department to close the entrance to Highway #55 from the Service Road east of Douglas Drive as recommended by the Golden Valley Safety Council. Cork & Cleaver: A communication from Cork & Cleaver was received requesting to be placed on the council agenda on September 20, 1971. Appointment of Building Board of Review Member: Council appointed Glenn W. Cording to replace Gerlad S. Robinson on the Building Board of Review, his term expires in March 1972. John E. Sampson re: Civic Service: A letter dated August 12, 1971, requesting consideration for any opening on the Golden Valley Planning Commission was received and filed. Request for Waiver of Platting Ordinance - 600 Decatur Ave. No., Premier Realty. Mr. Robert Brenny of Premier Realty requested a lot division and waiver of platting ordinance for 600 Decatur Avenue North. The Planning Commission recommended approval of the proposed lot division. MOVED by Ulstad seconded by Paulson carried unanimously to approve the lot division as follows: Parcel A - 650 Decatur Avenue North: "The North 239.59 feet of the West 68 feet of Lot 2 and the North 239.59 feet of Lot 3, Block 3, Golden Valley Industrial Park" Parcel B - 600 Decatur Avenue North: "That part of the West 68 feet of Lot 2 lying South of the North 239.59 feet thereof, and that part of Lot 3 lying South of the North 239.59 feet thereof, Block 3, Golden Valley Industrial Park" subject to the owner of the property meeting with the Highway Department and Village Staff with respect to landscaping between this property and the westbound travel land of Highway $55• 1 �3 Regular Meeting of the Village Council, September 7, 1971 Donald & Frances Lucier, 817 Tyrol Trail re: Park Area: MOVED by Paulson seconded by Hoover to receive and file a communication from Donald $ Frances Lucier of 817 Tyrol Trail regarding North Tyrol Park. George B. Bonniwell - Resignation from Human Rights Commission: MOVED by Ulstad seconded by Hoover carried to receive and file the resignation of George B. Bonniwell from the Human Rights Commission. Hyman Shinder - Resignation from Park & Recreation Commission: MOVED by Ulstad seconded by Hoover carried to receive and file the resignation of Hyman Shinder from Park & Recreation Commission. License List: MOVED by Ulstad seconded by Paulson carried to approve the license list as follows: No. Licensee Type Fee 1526 Pesek Eng. & Mfg. Co. (Eagle Ind.) Cigarettes $ 6.00 1527 Pesek Eng. & Mfg. Co. if it Vending N.P. 10.00 1528 Dean E. Colliander (Fuller Brush) Solicit 10.00 1529 R. L. Almendinger Christman Trees 50.00 Memo on Civil Service Questions - Village Attorney: MOVED by Ulstad seconded by Hoover carried to receive and file the Memo on Civil Service Questions. Award of Bids - 10th Avenue Curb & Surfacing (71 -SI -17): The Village Clerk presented an affidavit of publication in the official news- paper. 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 September 2, 1971, and publicly opened and read the bids as follows: BIDDER BOND TOTAL BID McCrossan it $39,782.80 H J A Construction Co. if 49,345.20 Hardrives, Inc. it 46,492.06 Bituminous Roadways Inc. it 56,502.24 Northwest Bituminous Co. if 39,846.73 Alexander Construction Co. it 40,470.91 A. Beckman, Inc. " 45,532.65 Dycon Corporation " 48,347.00 Bury & Carlson " 44,687.02 Regular Meeting of the Village Council, September 7, 1971 The Village Manager recommended the low bid of McCrossan, Inc. MOVED by Paulson seconded by Ulstad carried to award the bid to the low bidder McCrossan, in the amount of $39,782.00 Award of Bid - Remodeling Lower Level of Civic Center: The Village Clerk presented an affidavit of publication in the official news- paper. 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 September 7, 1971, and publicly opened and read the bids as follows: BIDDERS BID BOND BASE BID Berglund -Johnson 15% $29,369.00 Elview Const. Inc. 15% 24,710.00 Lyell Halverson 15% 30,300.00 Kloster -Madsen Inc. 15% 27,400.00 D. J. Kranz Co., Inc. 15% 26,800.00 Wm. Kranz Lbeffel-Engstrand 15% 22,190.00 Orvedahl Constr. Russell Smith Robert Westlund 15% 29,41+0.00 MOVED by Paulson seconded by Ulstad carried to exclude Loeffel-Engstrand Company from the bidding upon their request, due to an error in their bid, in not including the mechanical work. The Village Manager recommended exclusion of the Loeffel-Engstrand bid as being incomplete and award to Elview Construction. MOVED by Hoover seconded by Paulson carried to award the bid to the low bidder, Elview Construction, Inc., in the amount of $24,710.00, for remodeling the lower level of the Civic Center, and transfer $3,700 from Contingency Fund to Building Fund. 1971 - Village Audit: The Village Manager presented an estimate of the cost of the village audit for 1971, a range of $5,300 - $5,800, from George M. Hansen Company dated August 12, 1971. MOVED by Ulstad seconded by Hoover carried to retain the George M. Hansen Company for the 1971 village audit. 135 Regular Meeting of the Village Council, September 7, 1971 Quotations on Playground Equipment: The Village Manager submitted informal quotations on playground equipment as follows: Game Time -- $1,306.00 and Bartley Sales -- $1,416.00. MOVED by Paulson seconded by Ulstad carried to award a bid to Game Time in the amount of $1,306.00. Hennepin County Assessment Agreement: Member Paulson introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES 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 7 7 Budget for 1972 - Public Hearing, September 21, 1971 (7:30 P M.): MOVED by Ulstad seconded by Hoover carried to continue to September 21, 1971. Request for Public Hearing - Assessments, October 4, 1971: The Deputy Assessor requested a public hearing on special assessment rolls on October 4, 1971. MOVED by Paulson seconded by Hoover carried to call a public hearing on assessment on October 4, 1971. Barr Engineering Agreement: MOVED by Ulstad seconded by Hoover carried to transfer $5,000 from Contingen- cy Fund to Engineering Fund. MOVED by Ulstad seconded by Hoover carried to approve the Barr Engineering Agreement authorizing Barr Engineering to apply for Federal Grant for storm water treatment. Park & Recreation Commission Minutes - July 29, 1971 & August 26, 1971: MOVED by Paulson seconded by Ulstad carried to receive and file the Park & Recreation Commission Minutes for July 29, 1971 and August 26, 1971. Planning Commission Minutes - August 23, 1971: MOVED by Paulson seconded by Hoover carried to receive and file the Planning I U Regular Meeting of the Village Council, September 7, 1971 Commission minutes for August 23, 1971. Building Board of Review Minutes - August 23, 1971: MOVED by Ulstad seconded by Hoover carried to receive and file the Building Board of Review Minutes for August 23, 1971. MOVED by Paulson seconded by Hoover carried to approve an alternate member for the Building Board of Review and authorize a member of the Board of Zoning Appeals to serve as an alternate when less than four members of the Building Board of Review would be available. Environmental Committee Minutes - August 19, 1971: MOVED by Hoover seconded by Paulson carried to receive and file the minutes of the Environmental Committee for August 19, 1971. Waiver of Weed Mowing Ordinance - John Richter, 6005 Golden Valley Road: MOVED by Hoover seconded by Ulstad carried to lift the hold order on mowing the weeds at 6005 Golden Valley Road, upon recommendation of the Environmen- tal Committee. Proposed Ordinance re: Marshes & Wet Lands: MOVED by Ulstad seconded by Paulson carried to refer the proposed ordinance to the Village Attorney. Duane A. Ferguson, 6306 Golden Valley Road (Commercial Use): Council took no action. Bills & Claims: MOVED by Paulson seconded by Hoover carried to approve the bills as submit- ted on the prelist. No Parking on Pennlvania Avenue from Laurel Avenue to T. H. ##12: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION (Restricting Parking - on either side of Pennsylvania Avenue South) 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: Hoover, Paulson, 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. MOVED by Hoover seconded by Paulson carried to adjourn the meeting at 2:15 A. M. Regular Meeting of the Village Council, September T; 1971 Attest: Village Clerk - 1 1 Mayor