09-20-71 City Council MinutesREGULAR MEETING
of the
VILLAGE COUNCIL
September 20, 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 September 20, 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.
Minutes of September 7, 1971:
MOVED by Stockman seconded by Hoover carried to correct page 134, a typo-
graphical error, in paragraph three correcting the amount transferred from
Contingency Fund to $3,700.00.
MOVED by Paulson seconded by Ulstad carried to approve the minutes of Sept-
ember 7, 1971, as corrected.
Public Hearing - Easement Vacation (Medley Hills):
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 hearing
above referred to and all persons present to do so were afforded opportunity
to express their views thereon. No persons presented objections.
The Mayor closed the public hearing.
Member Ulstad introduced the following resolution and MOVED its adoption:
RESOLUTION
(Easement Vacation - Medley Hills)
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 q
139
Regular Meeting of the Village Council, September 20, 1971
Public Hearing - Vacation of Walkway Easement (Westurban):
The Village Clerk presented an affidavit of publication in the official
newspaper of the Notice of Public Hearing as described in said affidavit.
Sain 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 present to do so were afforded opp-
ortunity to express their views thereon. No persons presented objections.
The Mayor closed the public hearing.
Member Stockman introduced the following resolution and MOVED its adoption:
RESOLUTION
(Vacation of Walkway Easement - Westurban)
The motion for the adoption of the foregoing resolution was seconded by
Member Hoover, 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 duly passed and adopted, signed by the Mayor and his signature attest-
ed by the Village Clerk. See Resolutions Book page_.
Waiver of Public Hearing.- Public Improvement (71 -SI -18):
The Village Clerk presented a petition and waiver of right to public hear-
ing by all the owners affected on certain proposed public improvement - 71 -
SI -18.
Member Paulson introduced the following resolution and MOVED its adoption:
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT
TO MINNESOTA STATUTES 429.031, SUBD. 3 AND
ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC
IMPROVEMENTS
(71 -SI -18)
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 hi signa-
ture attested by the Village Clerk. See Resolutions Book page.
Member Paulson introduced the following resolution and MOVED its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING MAIM OF CONSTRUCTION
(71 -sI -18)
140
Regular Meeting of the Village Council, September 20, 1971
The motion for the adoption of the foregoing resolution was duly seconded
by Member Hoover, 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 23 .
Request Waiver of Platting Ordinance 205 Georgia Ave. No., Arlow W. Drewlow:
The Superintendent of Building & Zoning presented a request by Mr. Arlow W.
Drewlow for Waiver of Platting Ordinance at 205 Georgia Avenue North.
Mr. Carl McBride and his son James E. McBride, tenative purchase of the pro-
posed residence at 201 Georgia Avenue North, stated that James E. McBride
had damages by the delay in Waiving the Platting Ordinance with reference
to 201 Georgia Avenue North.
MOVED by Paulson to approve the Waiver of Platting Ordinance, the motion
died for want of a second.
A representative of West Suburban Builders spoke on behalf of Earl Wilson in
favor of the lot division.
MOVED by Paulson seconded by Stockman carried to defer action at this time.
Vote & Be Counted - Linda Wallace:
Mrs. Linda Wallace appeared and distributed samples of promotion literature,
and stated the Vote & Be Counted group planned to work on voter registration
in Golden Valley on October 12, 1971.
MOVED by Paulson seconded by Ulstad carried that the council endorse the
project Vote & Be Counted.
Upjohn Company re: Land Dedication:
Mr. Thomas J. Hilliard of the Upjohn Company proposed to dedicate the private
service road to their property to the Village as they are unable to maintain
the road.
MOVED by Ulstad seconded by Hoover carried to deny the offer by the Upjohn
Company for dedication of the service road to their property.
Resignation of Stephen Swartz from Police/Community Relations Committee:
MOVED by Stockman seconded by Paulson carried to receive and file the letter
of resignation from Stephen Swartz from the Police/Community Relations Commit-
tee.
Hennepin County Le&gue of Municipalities Meeting:
The Village Manager presented a notice of the annual membership meeting of the
141
Regular Meeting of the Village Council, September 20, 1971
Hennepin County League of Municipalities on October 7, 1971. All the Council
members except Member Paulson plan to attend the meeting.
The Village Engineer presented a letter dated September 17, 1971, requesting
an extension of completion date for 69 -SS -1 until June 30, 1972. Mr. Douglas
Weatherhead appeared in support of the request.
MOVED by Stockman seconded by Paulson carried to approve the request for
extension of completion date for 69 -SS -1 until June 30, 1972.
License - New Corporation - The Point Supper Club, Inc.:
The proponent requested that the above license request be continued to Oct-
ober 4, 1971.
MOVED by Stockman seconded by Paulson carried to continue the above request
to October 4, 1971, upon request of the proponent.
Cork & Cleaver Application for "On -Sale" Liauor License:
Mr. Peter Green of Aspen, Colorado, presented the request for Cork & Cleaver
for an "On -Sale" liquor license. Estimated value of the proposed building
$300,000 including land and equipment. They have a successful chain of
operations in several states.
Mr. Harold Lynch appeared representing several other licensees who were unable
to be present, opposing the granting of a liquor license to Cork & Cleaver
and requesting that Council limit licenses to a high grade operation. A
blight could result from too many licenses in the area.
Mr. Michael Crakes stated he has been operating Michael's for 19 years, that
chain operations bring problems, the police have plenty to do now. There
are five large operations in the same area. Mr. Crakes stated, that as a
citizEn, people have the right to regulate their environment, and there was
no way to justify another liquor license for a chain operation at this time.
Mr. Dick Thomson, of Rees , Thomson & Scroggins, owner of the proposed site,
stated the purpose of a license was not to limit competition. Cork & Cleaver
is a clean, high grade, good type of operation.
MOVED by Paulson seconded by Hoover to grant a liquor license to Cork &Cleaver
on the basis of their application.
Member Stockman requested that Council set guide -lines for granting liquor
licenses and ask the Planning Commission for their recommendation. Mr. Stock-
man requested that the decision on the Cork & Cleaver license be postponed.
Member Ulstad stated he concurred with Member Stockman, that there was more
than one license to be considered.
Member Paulson withdrew his motion if the guide -lines will be completed in
4)
Regular Meeting of the Village Council, September 20, 1971
30 days. Member Hoover withdrew his second to the motion.
MOVED by Paulson seconded by Hoover carried to defer consideration of the
Cork & Cleaver "On -Sale" Liquor License for one month to October 18, 1971.
Council requested that the Village Planner, Planning Commission and Police
Department assist the Council in establishing guide -lines for "On -Sale"
liquor licenses.
Award of Bid - Park Lighting:
The Village Clerk presented an affidavit of publication in the official news-
paper. Sealed bids were received and the Village Manager, Park & Recreation
Director, and Village Clerk met at the Civic Center at 7800 Golden Valley
Road at 11:00 A.M., on September 15, 1971, and publicly opened and read the
bids as follows:
Bidder Total Bid
Electric Service Company $16,020.00
Sallblad Electric Company 16,839.00
Starbird Electric 21,977.00
West Electric Service 13,235.00
MOVED by Stockman seconded by Hoover carried to waive the informality in the
bid of West Electric Service, in inadvertently failing to submit a bid secur-
ity with the bid (certified check in the sum of $661.75 was filed with the
Village on September 15, 1971).
MOVED by Hoover seconded by Stockman carried to accept the low bid of West
Electric Service with the deletion of the item for Hampshire Park in the
amount of $1,462.00 (the deletion of this bid item was agreed to by the low
bidder).
August Budget Report:
MOVED by Ulstad seconded by Stockman carried to receive and file the August
budget report.
1972 Budget:
The Village Manager presented a format for the September 21, 1971, budget
meeting.
Reconveyance of Outlot I (Dresden Lane) to State of Minnesota:
The Village Manager gave a resume on the property (Outlot I) Dresden Lane,
and recommended reconveyance to the State of Minnesota.
MOVED by Stockman seconded by Paulson carried to approve the reconveyance of
Outlot I (Dresden Lane) to the State of Minnesota.
143
Regular Meeting of the Village Council, September 20, 1971
Member Stockman introduced the following resolution and MOVED its adoption:
"RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD
HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS AS TAX
FORFEITED LANDS HAD SUCH PROPERTIES BEEN SUBJECT
TO ASSESSMENT: DIRECTING PREPARATION OF ABSTRACT:
AND. DIRECTING CERTIFICATION TO THE COUNTY AUDITOR
PURSUANT TO THE PROVISIONS OF CHAPTER 394, LAWS
OF 1941"
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 g5-- .
Federal Application - 1971 Employment Act:
All present agreed to add the above item to the agenda.
The Village Manager explained that Golden Valley has applied for one man for
Utility maintenance through Hennepin County under the 1971 Employment Act,
the hiring of the man to meet EEA guidelines.
Request for Waiver of Platting Ordinance, 5211 Glenwood Avenue, 115 Lawn Ter-
race, Walter H. Bauer:
The Superintendent of Building & Zoning presented the request for Waiver of
Platting Ordinance for Walter H. Bauer at 5211 Glenwood Avenue and 115 Lawn
Terrace, subject to Planning Commission stipulations, see minutes of Sept-
ember 13, 1971, for division of the following property:
5211 Glenwood Avenue:
Parcel 1: That part of Tracts A and E, Registered Land
Survey No. 667, Files of Registrar of Titles, County of
Hennepin, lying North of a line drawn parallel with and
9 feet South of the North line of Tract E of said Regis-
tered Land Survey No. 667 and the same extended Easterly.
115 Lawn Terrace:
Parcel 2: That part of Tracts A and E, Registered Land
Survey No. 667, Files of Registrar of Titles, County of
Hennepin, lying South of a line drawn parallel with and
9 feet South of the North line of Tract E of said Regis-
tered Land Survey No. 667 and the same extended Easterly.
MOVED by Paulson seconded by Hoover carried to approve the Waiver of Platt-
ing Ordinance for the above referenced property, subject to the stipulations
of the Planning Commission, see minutes of September 13, 1971.
144
Regular Meeting of the Village Council, September 20, 1971
Request for Waiver of Platting Ordinance, 8945 - 8951 Olson Mem. Highway,
Roger Baker:
The Superintendent of Building & Zoning presented the request for Waiver of
Platting Ordinance for Roger Baker at 8945 - 8951 Olson Mem. Highway, sub-
ject to Planning Commission stipulations of September 13, 1971, for division
of the following property:
8945 Olson Memorial Highway:
Parcel 1: That part of Tract 0, Registered Land Survey
No. 30, according to the plat thereof on file and of
record in the office of the Registrar of Titles, Hennepin
County, Minnesota, lying East of the following described line:
commencing at the Northwest corner of said Tract 0; thence
Northeasterly along the Northwesterly line of said Tract 0 a
distance of 130.00'feet to the point of beginning of the line
to be described; thence South parallel with the West line of
said Tract 0 a distance of 142.00 feet to the South line of
said Tract 0 and said line there terminating.
8951 Olson Memorial Highway:
Parcel 2: That part of Tract 0, Registered Lhnd Survey No. 30,
according to the plat thereof on file and of record in the
office of the Registrar of Titles, Hennepin County, Minnesota,
lying West of the following described line: commencing at the
Northwest corner of said Tract 0; thence Northeasterly along
the Northwesterly line of said Tract 0 a distance of 130.00
feet to the point of beginning of the line to be described;
thence South parallel with the West line of said Tract 0 a
distance of 142.00 feet to the South line of said Tract 0 and
said line there terminating.
MOVED by Ulstad seconded by Stockman carried to approve the Waiver of Platting
Ordinance for the above referenced property, subject to the stipulations of
the Planning Commission, see minutes of September 13, 1971.
Request for Waiver of Platting Ordinance - 5540 Golden Valley Road, James
Zelinsky:
The Superintendent of Building & Zoning presented the request for Waiver of
Platting Ordinance for James Zwlinsky at 5540 Golden Valley Road and 1530
Welcome Avenue, as approved by the Planning Commission and subject to easements
for sanitary sewer being filed, for division of the following property:
5540 Golden Valley Road:
Parcel 1: That part of Government Lot 4, Section 28, Town-
ship 118, Range 21, Hennepin County, Minnesota described as
follows: Commencing at the intersection of the center line
of Minneapolis and Watertown Road and the East line of said
Lot 4; thence North along said East line a distance of 200.0
feet; thence West perpendicular to said East line a distance
Regular Meeting.of the Village Council, September 20, 1971
55+0 Golden Valley Road continued:
of 180.0 feet to the point of beginning of the tract
of land to be herein described:thence continue West
along said perpendicular line a distance of 80.0 feet
thence South parallel with said East line to its inter-
section with said center line; thence Northeasterly
along said center line to its intersection with a line
drawn parallel with and 180.0 feet West of said East
line; thence North parallel with said East line to the
point of beginning. Except the North 132.0 feet there-
of, except road.
1530 Welcome Avenue:
Parcel 2: The North 132.0 feet of that part of Govern-
ment Lot 4, Section 28, Township 118, Range 21, Henne-
pin County, Minnesota, described as follows: Commencing
at the intersection of the center line of Minneapolis
and Watertown Road and the East line of said Lot 4;
thence North along said East line a distance of 200.0
feet; thence West perpendicular to said East line a
distance of 180.0 feet to the point of beginning of the
tract of land to be herein described; thence continue
West along said perpendicular line a distance of 80.0
feet; thence South parallel with said East line to its
intersection with said center line; thence Northeaster-
ly along said centerline to its intersection with a
line drawn parallel with and 180.0 feet West of said
East line; thence North parallel with said East line
to the point of beginning.
14OVED by Paulson seconded by Ulstad carried to approve the Waiver of Plat-
ting Ordinance for the above referenced property, subject to the stipula-
tions of the Planning Commission and filing easements for sanitary sewer,
see minutes of September 13, 1971.
Request for Waiver of Platting Ordinance - 1808 York Avenue - 1810 York Ave;
F. E. LeVitre:
All present agreed to add the above item to the agenda.
The Superintendent of Building & Zoning presented the request for Waiver of
Platting Ordinance for Frederick E. LeVitre at 1808 and 1810 York Avenue as
approved by the Planning Commission, subject to filing a proper survey for
division of the following property:
1808 York Avenue:
Lot 32, Block 3, "McNair Manor, Hennepin County, Minnesota"
146
Regular Meeting of the Village Council, September 20, 1971
1810 York Avenue:
Lot 31, Block 3, "McNair Manor, Hennepin County, Minnesota"
MOVED by Paulson seconded by Ulstad carried to approve the Waiver of Plat-
ting Ordinance for the above referenced property, subject to filing a sur-
vey and that the Village shall not incur any expense for water service to
the property.
Request to Delete 71 -SI -1 From Construction:
The Village Engineer requested that 71 -SI -1 (Ellis Lane) be deleted from
1971 construction.
MOVED by Stockman seconded by Hoover carried to delete 71 -SI -1 (Ellis Lane)
from construction.
Police Report - July, 1971:
MOVED by Stockman seconded by Hoover carried to receive and file the Police
report for July, 1971.
Traffic Ordinance Codification:
MOVED by Stockman seconded by Ulstad carried to give a first reading to an
ordinance entitled:
"AN ORDINANCE AMENDING THE VILLAGE CODE"
(State Traffic Code Incorporated by Reference,
Including Petit Misdemeanor Law)
MOVED by Ulstad seconded by Paulson carried to approve the ordinance herein
quoted by title on its first reading.
Police/Community Relations Committee Minutes, May 4th, June 8th, August 11,
1971:
MOVED by Stockman seconded by Hoover carried to receive and file the Police/
Community Relations Committee minutes for May 4th, June 8th and August 11,
1971.
Human Rights Commission & Police/Community Relations Minutes, August 10, 1971:
MOVED by Stockman seconded by Hoover carried to receive and file the Human
Rights Commission & Police/Community Relations Committee minutes for August
10, 1971.
Human Rights Commission Minutes - September 9, 1971:
MOVED by Hoover seconded by Stockman carried to receive and file the Human
Rights Commission minutes for September 9, 1971.
Regular Meeting of the Village Council, September 20, 1971
Building Board of Review Minutes - September 7, 1971:
MOVED by Stockman seconded by Hoover carried to receive and file the
Building Board of Review Minutes for September 7, 1971.
Planning Commission Minutes - September 13, 1971:
MOVED by Ulstad seconded by Paulson carried to receive and file the Plan-
ning Commission minutes of September 13, 1971.
Board of Zoning Appeals Minutes - September 14, 1971:
MOVED by Paulson seconded by Ulstad carried to receive and file the Board
of Zoning Appeals minutes for September 14, 1971.
Environmental Committee Minutes - September 9, 1971:
MOVED by Stockman seconded by Paulson carried to receive and file the En-
vironmental Committee minutes for September 9, 1971.
Golden Valley Safety Council Minutes - August 16, 1971:
MOVED by Ulstad seconded by Hoover carried to receive and file the Golden
Valley Safety Council Minutes for August 16, 1971.
Resignation - Frank Neuman from Planning Commission:
MOVED by Stockman seconded by Hoover carried to receive and file the resig-
nation of Frank Neuman from the Planning Commission.
Special Council Meeting - September 27, 1971:
Council called a special meeting on September 27, 1971, to interview appli-
cants for appointment to commissions, review the proposed budget for 1972
and work on the guide -lines for liquor licenses.
Resignation - Larry Fischer from Park & Recreation Commission:
MOVED by Stockman seconded by Paulson carried to receive and file the re-
signation of Larry Fischer from the Park & Recreation Commission.
Appointment to Police/Community Relations Committee:
MOVED by Hoover seconded by Stockman carried to appoint Dwight Wells, Pres-
ident of the Police Association to the Police/Community Relations Committee.
MOVED by Stockman seconded by Paulson carried to request that a member of
the Human Rights Commission volunteer for the Police/Community Relations
Committee.
Hennepin County League of Municipalities - Resolution:
14
Regular Meeting of the Village Council, September 20, 1971
Member Stockman introduced the following resolution and MOVED its adoption:
"A PROPOSED RESOLUTION IN SUPPORT OF STATE ASSUMPTION OF
THE MAJOR SHARE OF EDUCATION AND WELFARE COSTS AS A MEANS
OF AFFORDING LASTING PROPERTY TAX RELIEF AND RETAINING
THE PROPERTY TAX AS A MEANS OF SUPPORTING LOCAL SERVICES"
The motion for the adoption of the foregoing resolution was seconded by
Member Hoover, 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 duly
passed and adopted, signed by the Mayor and his signature attested by the
Village Clerk. See Resolutions Book page.
Bills & Claims:
MOVED by Hoover seconded by Ulstad carried to approve the bills as submitted
on the prelist.
The Village Attorney reviewed the suit by the Sweeney Lake Association again-
st the Village re: Storm Water (69 -SS -1).
MOVED by Stockman seconded by Hoover to adjourn the meeting at 11:45 P. M.
Mayor
Attest:
7
Village Clerk
11