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02-07-72 City Council Minutes101 REGULAR MEETING of the VILLAGE COUNCIL February 7, 1972 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 February 7, 1992, at 7:30 o'clock P.M. The following members were present: Hoover, Paulson, Riggs, Stockman, 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; Superintendent of Building & Zoning, Jon Westlake; Director of Public Safety, David Gorski; Fire Chief, Al Hanover. Minutes of January 17, 1972: MOVED by Ulstad seconded by Paulson carried to approve the minutes of January 17, 1972, as submitted. Public Hearing - Public Improvement Watermain (72-WM-3): 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 72-WM-3) described in the resolution of this Council relating thereto, adopted on January 17, 1972. 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. Proponent Reason Mr. Lawrence Dixon, representing Asked that the church have no more Golden Valley Baptist Church assessments than any other property. The Mayor closed the public hearing. Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (72-WM-3) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; 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 0 Regular Meeting of the Village Council, February 7, 1972 Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (Proposed Watermain 72-WM-3) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; 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. Bassett Creek Clean-up Project: Mr. Robert Samples proposed a project to clean up Bassett Creek in the spring, by the Boy Scouts, Girl Scouts, YMCA, YWCA and youths from the Phyllis Wheatley Community Center for recreational use and ecology reasons. MOVED by stockman seconded by Paulson carried that the Village cooperate and approve the proposed project to clean up Bassett Creek. Continued Public Hearing - Rezoning Torah Academy (B & PO): The Village Manager announced that this was a continued public hearing from December 20, 1971. The proponent was not present. Mr. Larry M. Smith, 2080 Mary Hills Drive, representing several residents of the area, opposed the proposed rezoning to Business & Professional Office. Mr. George P. Svendsen, 2100 Mary Hills Drive, asked that the zoning be settled once and for all on this property and opposed the rezoning. The Mayor closed the public hearing. MOVED by Stockman seconded by Ulstad to deny the request to rezone the Torah Academy to Business & Professional Office. Upon roll call vote being taken the members voted as follows: Hoover YES Riggs YES Paulson YES Stockman YES Ulstad YES The motion was carried and the rezoning request denied. Second Reading - Gun Control Ordinance: MOVED by Stockman seconded by Hoover carried to give a second reading to an ordinance entitled: Lj 1 1 9-1 Regular Meeting of the Village Council, February 7, 1972 "AN ORDINANCE AMENDING THE VILLAGE CODE" (Sale, Possession and Discharge of Firearms, Fireworks and other Weapons) The Public Safety Director reviewed the proposed ordinance and stated his rationale in proposing the gun ordinance. Allen Sherman requested that the proposed changes in the ordinance be read before the ordinance is given its second reading. Mr. Sidney Croy 208 Lawn Terrace Mr. Samuel A. Barington 2017 Gettysburg Avenue North Mr. James Peterson 3216 Noble Avenue North Mr. Robert P. Provost 1429 South Tyrol Trail Mr. Wm. C. Smith 2050 West Broadway Mr. Dean Mills 1512 Gettysburg Avenue North Mrs. Audrey Gross 3314 Kyle Avenue North Mr. W. G. Fry 2013 Hillsboro Avenue North Mr. Steve E. Melemed 1416 Rhode Island Avenue North Mr. Ed Barr Gun Safety Instructor Opposed to proposed ordinance, residents should be notified of proposed ordinance. Defer reading until residents have copy of the ordinance and proposed changes. Editor of Outdoor News said 87% do not want gun registration of any kind. No decrease in crime by gun control. A bad ordinance, poorly written. In favor of the ordinance. Gun dealer, sportsmen have not depleted game. Opposed to ordinance. Opposed to gun control. Womans point of view, the ordin- ance will not deter crime. Public Safety Director's powers most oner- ous. The Mayor didn't understand the ordinance himself. Ordinance of no purpose or use to Village residents, they must prove themselves innocent first to get permit. Suggested the Council read the State Gun Law. The Manager of the N. W. Chamber of Commerce stated it was unfair to cut off 22 Regular fleeting of the Village Council, February 7, 1972 general discussion and unfair to business men who were unaware of the pro - ordinance. Mr. Calvin R. Hagen Stated he had shot gun shells 2415 Winnetka Avenue North in his jacket pocket, would this be a violation of the proposed ordinance. Mrs. Horowitz All the residents in Golden Valley 7350 Duluth Street are against the ordinance and the Council is for it, what is said by residents has no effect. Mr. Lucian L. Laskow Elected to represent the residents 2400 Kyle Avenue North now is the time to represent their wishes on this ordinance. Mr. Gordon Garis The wording is very ambiguous, will 5920 Wolfberry Lane the ordinance be published with changes so that residents may read the revised ordinance. Due to many changes, will ordinance then have two readings? Mr. Sid Sanford, Jr., United Sportsmen, stated they are opposed to the ordinance. Mr. Dennis Jordan Give the issue to the people in - 1332 Oregon Avenue North stead of the council for vote. Mr. John Martin, Attorney for Spoke numerous times on the wording "Citizens for Effective Crime Control" and interpretation of the proposed ordinance. Mr. Al Winkles The law is against honest people 914 Winnetka Avenue South not the criminal. Council should consult sportsmen before passing ordinance. The Mayor closed the public hearing. MOVED by Paulson seconded by Stockman carried to revise the proposed ordinance and place on the council agenda for first reading on March 6, 1972, agenda. Gene Sylvestre - January Monthly Report: MOVED by Stockman seconded by Hoover carried to receive and file the January monthly report from Gene Sylvestre. Proposed Ordinance - Duties of Engineering Dept., re: Building Permits: The Village Attorney briefly reviewed the proposed ordinance. 1 23' Regular Meeting of the Village Council, February 7, 1972 MOVED by Paulson seconded by Hoover carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Duties of Engineering Department in Connection with Building Permits) MOVED by Stockman seconded by Hoover carried to approve the ordinance herein quoted by title on its first reading. Award of Bids - One Fire Department Pumping_ Engine: The Village Clerk presented an affidavit of publication in the official newspaper. Sealed bids were received and the Village Manager, Finance Director, Village Clerk, and Fire Chief met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M., on February 1, 1972, and publicly opened and read the bids as follows: MW American Fire Apparatus, Marshalltown, Iowa American - LaFrance, Elmira, New York General Safety Equipment, No. Branch, Minn. Howe Fire Truck Mfg., Anderson, Indiana Mack Fire Truck, Allentown, Pennsylvania TOTAL BID 5% $48,743.75 if 47,879.00 $2,750.00 49,820.00 2,500.00 47,998.70 5% 52,758.00 MOVED by Stockman seconded by Ulstad carried to amend the 1972 budget to author- ize $48,000 in Certificates of Indebtedness for five years to be issued late in the year 1972, in lieu of the present authorized $40,000. MOVED by Ulstad seconded by Stockman carried to award the bid to the low bidder American-LaFrance, in the amount of $47,879.00, for one Fire Department Pumping Engine, less #401 on optional items and accepting the 1500 G.P.M., pump at the same price. Resolution - Fire Relief Bill: The Village Manager presented a resolution regarding the 1971 Special Law on pension system for the firemen. Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION" (Fire Relief Bill) 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, Riggs, Stockman, 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. I Regular Meeting of the Village Council, February 7, 1972 Request to Move House from 3915 Golden Valles Road to 4101 Golden Valley Road: The Superintendent of Building and Zoning presented a request to move the house from 3915 Golden Valley Road to 4101 Golden Valley Road. MOVED by Stockman seconded by Paulson carried to approve the request to move the house from 3915 Golden Valley Road to 4101 Golden Valley Road. Re: Wilson's 4th Addition - Earl Wilson: A communication was received from West Suburban Builders, Inc., and Earl Wilson requesting a six months extension of time for the final plat of the Earl Wilson 4th Addition. MOVED by Stockman seconded by Paulson carried to approve the request for six months extension of time for final plat of Earl Wilson 4th Addition. Planning_ Commission Minutes - January 10, 1972: Proposed rezoning southwest intersection of T.H. #55 & County Road #18 from R-4 to B-2 by Plymouth Village, ingress and egress will be a problem. Council discussed having Otto Schmid and Councilman Hoover represent Golden Valley at the Plymouth Council meeting when this matter is considered. Request for house Movers License - Dale Movers: The Superintendent of Building and Zoning presented the request for a House Movers License for Dale Movers. MOVED by Hoover seconded by Ulstad carried to approve the House Movers License for Dale Movers. Hennepin County Alcohol Safety Action Project: The Public Safety Director presented a resolution to participate in the Hennepin County Alcohol Safety Action Project. Member Hoover introduced the following resolution and MOVED its adoption: "RESOLUTION" (Authorizing the Mayor & Manager to Enter Into An Agreement With The Hennepin County Alcohol Safety Action Project) 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, Riggs, Stockman, 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 25 Regular Meeting of the Village Council, February 7, 1972 License List: MOVED by Stockman seconded by Paulson carried to approve the license list as follows: No. Licensee Type Fee 1637 Florida West Bldg. Cigarettes $12.00 1638 °' it Vending NP 7.50 1639 Vending Per. 15.00 DANCE PERMITS Golden Valley Lutheran College Feb. 5, 1972 10:00 - 1:30 A.M. $ .50 St. Margaret Mary Youth Council Feb. 19, 1972 8:00 - 11:30 P.M. .50 Re: "Ban the Can" - Golden Valley Chamber of Commerce: A letter dated January 25, 1972, from the Golden Valley Chamber of Commerce was read regarding proposed ordinance on "Ban the Can". MOVED by Hoover seconded by Stockman carried to receive and file the letter from the Golden Valley Chamber of Commerce re: "Ban the Can". Metropolitan Area Electric Rate Study Committee: A letter dated January 14, 1972, from the Metropolitan Area Electric Rate Study Committee was distributed to the Council. MOVED by Stockman seconded by Paulson carried to receive and file the letter from the Metropolitan Area Electric Rate Study Committee. Request for Approval, Special Activity - Carl Sandburg Jr. High: Mr. Ellis, Principal of Carl Sandburg Jr. High School, requested approval of a parachute jump over the school property during their special activity classes on February 17 and 18, 1972, during their "Time Out" program. MOVED by Ulstad seconded by Stockman carried to express no objection to the request regarding a proposed parachute jump over school property on February 17 and 18. Proposed Ordinance - Advisory Boards & Commissions: MOVED by Hoover seconded by Stockman carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Advisory Boards and Commissions) MOVED by Paulson seconded by Hoover carried to approve the ordinance herein quoted by title on its first reading. 96 Regular Meeting of the Village Council, February 7, 1972 Budget Transfers: The Village Manager presented request for budget transfers as follows: (1) From the 1972 Wage and Salary Contingency, $500 to 401, Council and Manager. $1,000 to 420, Zoning and Inspection. $600 to 431, Recreation. (2) $1,200 from the 1972 Contingency to 401, Council and Manager, for the Police/Community Relations Committee work. (3) $1,300 from the 1972 Contingency to 412, Engineering, for Sweeney Lake testing by Barr Engineering. MOVED by Paulson seconded by Hoover carried to approve the budget transfers as submitted. Resolution - Bond Cancellation: Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR TRANSFER OF INVESTMENTS AND CANCELLATION OF OUT- STANDING BONDS" 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, Riggs, Stockman, 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 Application for Federal Grant - Barr Engineerin The Village Engineer reviewed the preparation of a proposal to the Environmental Protection Agency for a research and development grant relative to storm water entitled "Reconnaissance Study of Storm Water Treatment Facilities". MOVED by Paulson seconded by Hoover carried to complete the application for the Federal Grant for the "Reconnaissance Study of Storm Water Treatment Facilities". Mayor Riggs voted "NO". Proposal for Water Quality Test - Barr Engineering: The Village Engineer presented a letter dated January 31, 1972, from Barr Engineering Company regarding monitoring the quality of water in Sweeney Lake. MOVED by Paulson seconded by Hoover carried to approve the proposed Water Quality Testing of Sweeney Lake as outlined. Regular Meeting of the Village Council, February 7, 1972 Agreement - State Highway Department, Utility Relocation: The Village Engineer presented an agreement for Utility Relocation from the State Highway Department to lower water service at County Road x`66 and T. H. #100. MOVED by Hoover seconded by Paulson carried to approve the above referenced agreement. Appointment of Alternate - Bassett Creek Flood Control Commission: MOVED by Stockman seconded by Ulstad carried to appoint Ralph Crews as Alternate to the Bassett Creek Flood Control Commission. Planning Commission Minutes - January 10; January 31, 1972: MOVED by Hoover seconded by Ulstad carried to receive and file the minutes of the Planning Commission for January 10, and January 31, 1972. Human Rights Commission Minutes - January 13, 1972: MOVED by Stockman seconded by Ulstad carried to receive and file the minutes of the Human Rights Commission for January 13, 1972. Appointments - Boards & Commissions: MOVED by Hoover seconded by Stockman carried to re -appoint James Rydeen and Glen Cording to the Building Board of Review for a three year term. MOVED by Stockman seconded by Paulson carried to re -appoint David DeCoursin, Mary Johnston and Coleen Hauck to the Human Rights Commission for a three year term. MOVED by Paulson seconded by Hoover carried to re -appoint Mahlon Swedberg, LeRoy Anderson, Mike Sell and Walter Kost to the Board of Zoning Appeals for terms through 1973. MOVED by Ulstad seconded by Hoover carried to re -appoint Donna Goff, V. W. Green, Gertrude Stechmann, Gilbert Grady, Gary Bickel, Gene Sanders, and John Homme to the Environmental Committee. MOVED by Hoover seconded by Stockman carried to re -appoint Ronald Edstrom to the Planning Commission for a three year term. MOVED by Stockman seconded by Paulson carried to re -appoint Raymond G. Peterson, and Robert Gergen to the Park & Recreation Commission for a three year term; and appoint George Kelby to the Park & Recreation Commission for a three year term. MOVED by Paulson seconded by Stockman carried to re -appoint Sig K. Brekke, Joe Eurkhard, Mrs. Susan Becker, Wally Erickson, E. Page Graves, Lee Gillogly, David Gorski, Larry Lage, Tom Morgan, Ronald Pavlock, David Schumacher, and Dwight Wells to the Police/Community Relations Committee for one year terms; and a member from the Civil Service Commission for a one year term. Wo Regular Meeting of the Village Council, February 7, 1972 Council established February 28, 1972, starting at 7:30 P.M., for interviews to fill the remaining vacancies on the various Boards & Commissions. Police/Community Relations Committee Minutes - January 11, 1972: MOVED by Stockman seconded by Hoover carried to receive and file the Police/ Community Relations Committee minutes for January 11, 1972. Civil Service Commission Minutes - January 6, January 22, 1972: MOVED by Stockman seconded by Hoover carried to receive and file the Civil Service Commission minutes for January 6, and January 22, 1972. Bills & Claims: MOVED by Stockman seconded by Hoover carried to approve the bills as submitted on the prelist. MOVED by Hoover seconded by Stockman carried to adjourn the meeting at 1:30 A.M. W U Mayor Attest: Village Clerk 1