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10-02-72 City Council Minutes�1 REGULAR MEETING of the VILLAGE COUNCIL October 2, 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 October 2, 1972, 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; Dir- ector of Finances, John Murphy; Superintendent of Building & Zoning, Jon West- lake. Minutes of September 5th, September 15th, September 18th, September 25, 1973: MOVED by Ulstad seconded by Stockman carried to approve the minutes of Sept- ember 5th, September 15th, September 18th, September 25, 1972, as submitted. Public Hearing - Special Assessment Improvement Hearing: The Village Clerk presented the 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 who desired to do so were afforded oppor- tunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: Street Improvement - 71: Mr. Herman Held, 5400 Circle Down, unjust assessment, he receives no benefit on parcel 6400 which has no access to the street improvement. Mr. W. H. Birno, 1355 Mandan Avenue, stated the driveway apron was incomplete and asked who is liable for payment. MOVED by Ulstad seconded by Stockman carried to assess on the south side of 71 -SI -3 (Spring Green Alley), which is the benefited property, if the street is ever widened the future assessment will be assessed on the north side on parcel 6400. Upon roll call vote the members were recorded as follows: Hoover NO Riggs YES Paulson YES Ulstad YES Stockman YES Storm Sewer -71: Mr. LeRoy Nyhus, objected to storm sewer assessment, on behalf of the Church of Good Shepherd, stating they were not contributing to the drainage. 1 1 1 1775 Regular Meeting of the Village Council, October 2, 1972 MOVED by Hoover seconded by Ulstad carried to levy the assessment. There were no further objectors to special assessments. The Mayor closed the public hearing. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS" The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following 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 page217 . Certification of Unpaid Charges: The Finance Director presented a roll of delinquent utility bills and unpaid weed charges. MOVED by Ulstad seconded by Hoover carried to approve the certification of the roll of delinquent utility bills and unpaid weed charges. Public Hearing - PUD #8 - Dover Hills, Shelter Development Corporation: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed rezoning des- cribed in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor then announced that the meeting was open for public hearing on said proposed zoning 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 Planning Commission recommendation in favor of the general plan PUD #8, Dover Hills, proposed by Shelter Development Corporation, subject to certain re- quirements. PROPONENTS Mr. Peter Boosalis, Staff Developer of Shelter Development Corporation REASON Dover Hills a unique develop- ment, 122 elderly units, 112 family units. Financing, Contracting & Maintenance pro- posed under 236 program. A need in Golden Valley due to income and size for this de- velopment. 236 program for moderate and low income rentals. 176 Regular Meeting of the Village Council, October 2, 1972 PROPONENTS REASON Mr. Bud Egge, Real Estate Consultant They are not opportunist, did not for Shelter Development Corporation pick on Golden Valley, have check- ed 19 sites in Golden Valley. Fed- eral site selection criteria con- tains 9 points, this site meets all criteria. Mr. Peter Jarvis, Shelter Analysis of site, 1 to 1 1/2 Development Corporation miles circle, all facilities are in the area. Have checked the site and its amenities. Reviewed the traffic on Medicine Lake Road, Win- netka Avenue, and Douglas Drive. 10,000 jobs are in a 2 1/2 mile circle of the site. 66% of the site will be open or green ares. All ut- ilities are available. Mr. Dick Walfeld, Traffic Having checked existing traffic and Planner, Shelter Development compared with other similar build- ings. Estimated 1,400 vehicles per day, plenty of capacity, two new improvements of roads programed next year. Mr. Jerald Jackson, Chairman Presented Human Rights Commission Human Rights Commission support ofoptional rent proposal, a step in the right direction, the Commission supports the proposal. Mr. Wayne Cox, Metropolitan Housing staff assistant, answered Council representative questions regarding 236 program. League of Women Voters Distributed "A Diversity of Housing for Golden Valleyu to those present. Mrs. Kathy Herje, League of Presented the League Statement on Women Voters Housing Policy. Mr. Pierre Meyer Concerned, can understand a 2225 Orkla Drive brief delay, but not 90 days. A mixture of different types of people is good. Presents an opportunity to broaden the base in Golden Valley. Mrs. Norma Knutson Agrees with Human Rights Commission, 1566 Sumter Avenue North does not favor postponing for a long time. 1 1 1 1 7 Regular Meeting of the Village Council, October 2, 1972 OBJECTORS Mr. Paul Wilson 2220 Pensylvania Avenue North Mr. Stanley Taube, Attorney representing Concerned Home Owners Association. Mr. Edward Regan 2240 Pennsylvania Avenue North Mr. H. C. Schiller 7445 Winnetka Heights Drive Mr. Jack Kelly 2015 Kelly Drive North [1 Mrs. Fred Bootz 1800 Kelly Drive North Mrs. R. T. Gavigan` 1400 Maryland Avenue North Mr. Robert Johnson 2020 Pennsylvania Avenue North Mr. Earl Wilson 1850 Kelly Drive North Mr. John Hopponen 2400 Valders Avenue North Mrs. W. H. Oneil 2140 Pennsylvania Avenue North 1 OBJECTION Traffic proposal did not deal with the problem. Also concern- ed over seven story building causing problems. Concerned Home Owners, the key word is concern tonight. Re- questing a deferment for 90 days. Traffic is a concern, all the statistics submitted by Shelter Development Corporation. Too many questions not answered. Have a right to be heard. Re- quested the matter be tabled for 120 to 150 days for study by re- sidents. Questioned the cost of the project and tax return to the village. Chose Golden Valley to live in because of its development, this project will dilute the taxes, crowd the schools, cause traffic problems and should be deferred indefinitely, also reduce the density proposed. Who is stuck if Shelter goes broke, who maintains the property? How do you make the numbers of persons in the units stick. 122 units is too big and too dense. Asked the minimum amount of elder- ly occupancy under 236 program. Under 236 need only 10% to qualify. Opposed to 7 story building, single story would be fine. Shocked at the Shelter Development Corporation statement that there are 10 parks within walking dis- tance. 178 Regular Meeting of the Village Council, October 2, 1972 Mrs. E. Regan 2240 Pennsylvania Avenue North The police are constantly called because of problems in the area. Mr. Duane B. Melling Building new home which willbe 1820 Sumter Avenue North looking at the 7 story building. The ponding area will be danger- ous for children. The Mayor closed the public hearing. MOVED by Paulson seconded by Hoover carried to continue the public hearing to October 16, 1972. Planning Commission Minutes - September 25, 1972: Mr. Warren Lundsgaard, President of the Planning Commission, reviewed the Planning Commission minutes relating to the Valley Club Apartments, PUD #9. MOVED by Stockman seconded by Paulson carried to refer PUD #9, Valley Club Apartments to the Planning Commission and delay setting the Public Hearing until October 16, 1972. Appeal From Board of Zoning Appeals - Shelter Development Corporation: Mr. Mike Sell, Chairman of the Board of Zoning Appeals, reviewed the Board's recommendation regarding garages and covered parking stalls. MOVED by Stockman seconded by Ulstad carried to defer the appeal until October 16, 1972. Adoption of 1973 Village Budget: Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 19,73 and ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1972 COLLECTIBLE IN 1973" 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, 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��. Resolution Cancelling Debt Service Tax Levies: Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1972 LEVY FOR VARIOUS IMPROVEMENT BONDS" 1 1 179 Regular Meeting of the Village Council, October 2, 1972 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 3.;21 . Resolution Issuing Certificates of Indebtedness: Member Paulson introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING ISSUANCE OF $48,000 CERTIFICATE OF INDEBTEDNESS, PRESCRIBING THE FORM AND DETAILS THEREOF, AND LEVYING TAXES FOR THE PAYMENT THEREOF" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following 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_Sgg'. Resolution Calling Outstanding Bonds: Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION TO CALL OUTSTANDING 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 2..,�I Resolution - Transfer Funds to Construction Funds: Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR TRANSFER OF FUNDS FROM SINKING FUNDS FOR CONSTRUCTION FUND DEFICITS" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolution Book page. Second Reading Ordinance - Zoning Light Ind District (Jagodzinski): IM Regular Meeting of the Village Council, October 2, 1972 MOVED by Ulstad seconded by Hoover carried to give a second reading to an ordinance entitled: AN ORDINANCE AMENDING THE ZONING CODE`.' (Light Industrial District James Jagodzinski) MOVED by Stockman seconded by Hoover carried to approve the ordinance herein quoted by title on its second reading, and to order publication thereof. See Ordinance Book page r3 !j ADDeal From Building Board of review: J. JaQodzinski, Exterior Finish: Chairman, James Rydeen, reviewed the Building Board of Review recommendation to deny the request by J. Jagodzinski for the exterior finish proposed. Mr. J. Jagodzinski presented his appeal and request to use modac coating on cement blocks for the exterior finish. MOVED by Ulstad seconded by Stockman carried to deny the appeal from the Board of Zoning Appeals for the exterior finish on the proposed building. Member Riggs abstained. Appointments to Trails Committee: MOVED by Stockman seconded by Paulson carried to appoint Richard Larson, Delores Cufaude and Marion Larson to the Trails Committee. License List: MOVED by Stockman seconded by Paulson carried to approve the license list as follows: No. Licensee Type Fee 2035 Walgreen Drugs Food Establishment $25.00 2036 Walgreen Drugs Vending NP 7.50 Budget Report - August 1972: The following budget changes were approved as follows: 1. MOVED by Ulstad seconded by Hoover carried to increase income by $4,500 for the District 281 School Liaison Program. 2. MOVED by Stockman seconded by Ulstad carried to delete the Fire Relief levy in the amount of $3,800, no levy is required. 3. MOVED by Ulstad seconded by Stockman carried to delete $71,500 from Park Construction, the work will be done out of the bond proceeds. 4. MOVED by Stockman seconded by Hoover carried to increase the Contingency by $8,000. 1 Regular Meeting of the Village Council, October 2, 1972 Budget Report continued: 5. MOVED by Ulstad seconded by to the 1972 Finance budget for the 1972 LOGIS costs. Budget Report - August, 19,,72: Hoover carried to transfer $11,000 from the 1972 Contingency to provide The Manager brought to Council attention that the "Motor Vehicle Fund" operation is expected to exceed the budget by $18,000 in revenue and that expenditures are estimated to exceed the budget by $12,000. The primary reasons are changes in state law and increased work load. MOVED by Stockman seconded by Hoover carried to receive and file the budget report for August, 1972. Hennepin County Agreement - Signals on Winnetka at Plymouth & Olympia: Member Paulson introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Agreement with Hennepin County for Traffic Control Signals) 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: 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,I Q. Change Order - 72 -CW -1: MOVED by Paulson seconded by Stockman carried to approve Change Order #1 for NDCO Contract for 72 -CW -1 in the amount of $950:00, to provide for sidewalk and curb construction in closing Plymouth Avenue, east of Win- netka. Resolution Prohibiting Parking on Winnetka Avenue North: Member Paulson introduced the following resolution and MOVED its adoption: RESOLUTION (Restricting Parking - Winnetka Avenue, Plymouth Avenue and Olympia Street) 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, Riggs, Stockman, and Ulstad; and the fol- lowing 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. 181 Regular Meeting of the Village Council, October 2, 1972 District #281 Liaison Officer: The Village Manager presented a letter of agreement between School District #281 and the Village of Golden Valley whereby the School District agreed to pay half of the Liaison Officer's salary. MOVED by Stockman seconded by Paulson carried to approve the agreement between School District #281 and Golden Valley and authorize the Mayor and Village Manager to execute the same. Request for Waiver of Noise Ordinance: The Village Manager presented a letter from the Phil Hansen Campaign Staff requesting a waiver of the Noise Ordinance on October 19, 1972, for an auto- mobile caravan through Golden Valley, with horn -honking and use of loud -speak- ers during the procession. MOVED by Stockman seconded by Paulson carried to approve the request for waiver of the Noise Ordinance, subject to arrangements with the Director of Public Safety. Metro Sewer Board - Connection Charge: The Village Manager reported on the proposed connection charge of $350.00 by The Metro Sewer Board, that there is no equity in the proposed charges. Park & Recreation Commission Minutes - August 31, 1972: MOVED by Stockman seconded by Hoover carried to receive and file the minutes of the Park & Recreation Commission for August 31, 1972. Board of Zoning Appeals Minutes - September 12, 1972: MOVED by Paulson seconded by Ulstad carried to receive and file the Board of Zoning Appeals minutes for September 12, 1972. Human Rights Commission Minutes - September 14, 1972: MOVED by Stockman seconded by Hoover carried to receive and file the Human Rights Commission minutes for September 14, 1972. Building Board of Review Minutes - September 19 1972: MOVED by Stockman seconded by Hoover carried ro receive and file the Building Board of Review minutes for September 19, 1972. Planning Commission Minutes - September 25, 1972: MOVED by Ulstad seconded by Hoover carried to receive and file the Planning Commission minutes for September 25, 1972. St. Louis Park Meeting - "Do Not Enter" Sign on Natchez Avenue: MOVED by Stockman seconded by Hoover carried to leave the "Do Not Enter" sign on Natchez Avenue until such time as St. Louis Park transmits some action to the Golden Valley Village Council. Regular Meeting of the Village Council, October 2, 1972 Bills and Claims: MOVED by Stockman seconded by Hoover carried to approve the bills as submitted on the prelist. MOVED by Stockman seconded by Hoover carried to adjourn the meeting at 1:10 A. M. Attest: Village Clerk 1 183.