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11-06-72 City Council Minutes194 REGULAR MEETING of the VILLAGE COUNCIL November 6, 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 November 6, 1972, at 7:30 o'clock P.M. The following members were present: Hoover, Riggs, Stockman, and Ulstad; and the following were absent: Paulson. Present were Village Manager, Barkley G. Omand; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Acting Village Clerk, Phyllis Jordahl; Superintendent of Building & Zoning, Jon Westlake. Minutes of October 16, 1972: MOVED by Stockman seconded by Hoover carried to approve the minutes of October 16, 1972, with the correction noted on Page 5, Paragraph 3 to read as follows: "Mayor Riggs moved amendment to the motion stating that one-half of the family units be deleted and be replaced by equal amount of elderly units and to reduce the height of the elderly building." Plat - Russell's Wirth Park Addition: Jon Westlake presented Russell's Wirth Park Addition for final approval. Attorney Sam Courey represented the petitioner. The Mayor opened the public hearing. Seldon M. Tremblatt Wanted to know the elevations of the street and 4010 Roanoke Circle wanted assurance that the grade would not change in front of his house. Jerry Conrard Pointed out how low the area was and asked for 9517 Newton Ave. N. an easement for utilities since he was a pros- pective buyer for the property to the south. Dr. Orbuch I don't care todevelop my area and I would like 3920 Glenwood Avenue to request that the assessments be deferred until the land is developed Mrs. Ruth Thorness Will they take the 11 feet from us? Will we be 3940 Glenwood Avenue paid for the easement? The Mayor closed the public hearing. Member Ulstad introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Acceptance of Plat - Russell's Wirth Park Addition) Regular :Meeting of the Village Council, November 6, 1972 The motion for the adoption of the foregoing resolution was seconded by Member Hoover subject to a 20' x 75' utility easement running in a westerly direction on Lot 2 and also a temporary cul-de-sac easement, and upon vote being taken thereon, the following voted in favor thereof: Hoover, Riggs, Stockman, and Ulstad; and the following voted against the same: None, where- upon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book page �.� Communication: General dills regarding Traffic on Bettv Crocker Drive: A communication was received brom General Mills regarding the traffic lanes on Betty Crocker Drive. Mr. Olson of General Mills was present. Moved by Ulstad seconded by Stockman to direct the Staff to work it out to the best interests of General Mills, Hennepin County, and the Village, as well as consultation with the Safety Council. The motion carried. Communication: Wm. Eagen re: Bassett's Creek Rip -Rap: A communication was received from 14m. Eagen requesting the Village to Rip - rap the creek on his private property. MOVED by Ulstad seconded by Stock- man carried to direct a letter to Mr. Eagen stating that we are sorry for the misunderstanding but Village funds are not allocated for rip -rapping on private property. Communication: Leaf Recycli� Hennepin Countv: A communication was received from Hennepin County notifying the Village of the Leaf Recycling site located on the south side of CSAH No. 5, one-half mile west of CSAH No. 73 in the City of Minnetonka and is open at no charge on Monday through Saturday, 9 A.M., to 5 P.M., and Sunday noon to 5 P.M. MOVED by Ulstad seconded by Hoover carried to receive and file this notice. Communication - Resignation - Jerald H. Jackson. Human Rights Commission: MOVED by Ulstad seconded by Stockman to accept the resignation of Jerald H. Jackson from the Human Rights Commission and send him a letter of com- mendation; The Motion carried. Resolution: Bassett Creek Flood Control Commission - Spring Clean -UD: MOVED by Stockman, seconded by Ulstad, carried to approve the resolution supporting a Spring Clean -Up of Bassett Creek as submitted. License List: MOVED by Hoover seconded by Stockman carried to approve the license list as follows: Regular Meeting of the Village Council, November 6, 1972 No. Licensee Type Fee 2039 Pioneer Distributing Co. Cigarettes $ 6.00 2040 Pioneer Distributing Co. Vending NP 5.00 2041 Wm. E. Reed-G.V Radio Cab Co. Taxi -Cab 11.00 2042 James E. Mickie it " " Taxi -Cab 11.00 2043 Valley Texaco -6980 Wayzata Blvd. Vending -Coco Cola 5.00 2044 Valley Texaco -6980 Wayzata Blvd. Vending -Lloyd Barker 5.00 2045 Kelly Drivers 4-H Club Solicit EXEMPT Dance Permit St. Margaret Mary Youth Group Nov. 18, 1972 7:30 - 11:30- $.50 Award of Bids - Trailer Mounted Brush Chipper (Opened 11-1-72): 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 November 1, 1972, and publicly opened and read the bids as follows: Bidder Bid Bond Total Bid Chas Olson & Son Cert CK $270.00 $5,185.55 Hall Equipment 5% 4,995.00 McQueen Equipment 5% 4,979.00 Wright Tree Service Cert CK $240.00 4,754.00 Halvorson, Inc. Cert CK $264.00 5,280.00 MOVED by Ulstad seconded by Stockman carried to award the bid to the Village Manager's recommendation of Chas. Olson & Son in the amount of $5,185.55 since it was the only bid that met specifications. Re: Flood Insurance: The Village Manager reported on flood insurance to the Council. MOVED by Stockman seconded by Ulstad carried to refer this item to the legal staff for interpretation and come back with a report at a subsequent meeting. September Budget Report: MOVED by Stockman, seconded by Ulstad carried to receive and file the Sept- ember Budget Report. 1973 BUDGET: MOVED by Stockman seconded by Ulstad carried to accept the recommendation of the Village Manager to make adjustments to the 1973 Budget in accordance with his report of October 25, 1973, which would reduce the tax levy_ and take into account the receipts from Federal Revenue Sharing. Regular Meeting of the Village Council, November 6, 1972 Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION AMENDING TAX LEVY" 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, Riggs, Stockman and Ulstad, and 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 - Sewer Charges and Rates: The Village Manager presented a communication to the Council on the Sewer Costs and Rates. MOVED by Ulstad seconded by Hoover carried to refer this item to the Village Attorney to draft an ordinance for the rate increase and SAC charges. Quotations on Loader Tires: The Manager presented a quotation summary for four (4) new tires for the Hough Loader. They are as follows: Firestone Stores $416.88 Suburban Tire 467.32 General Tire Service 422.14 Nelson Tire 461.47 B F Goodrich 505.44 Northwestern Tire 537.57 MOVED by Ulstad seconded by Stockman carried to award the purchase of tires for the Hough Loader to the low quotation, Firestone Stores and in the amount of $416.88 per tire. Resolution Appropriating Proceeds of 1972 Park Bond Issue: Member Hoover introduced the following resolution and MOVED its adoption: "RESOLUTION APPROPRIATING PROCEEDS OF 1972 PARK BOND ISSUE" Thur motion for the adoption of the foregoing resolution was seconded by Stockman and upon vote being taken thereon, the following voted in favor thereof: Hoover, Riggs, Stockman, 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 Clerk. See Resolutions Book page 3 �. Resolution Amending call of Outstanding Bonds: Member Stockman introduced the following resolution and MOVED its adoption: i98 Regular Meeting of the Village Council, November 6, 1972 "RESOLUTION AMENDING CALL OF 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, Stockman, Riggs, 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 Pages . Notice of Anneal - James M. Jazodzinski: The Manager notified the Council that Jagodzinski had filed an Appeal with the State Commissioner of Administration on building facing materials for his proposed building at Zane and Lindsey Streets. "No Parking" Signs, Calvary Lutheran Church, Golden Valley Road: Member Stockman introduced and read the following written resolution and MOVED its adoption: "RESOLUTION" (Restricting Parking - on North Side of Golden Valley Road) 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, Stockman, Riggs, 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 Clerk. See Resolutions Book Page 9,�O- Change Order - 69 SS 1: The Engineer presented a change order in the amount of $32,806.20 to Hurley Construction to extend the storm sewer along the MN&S Railroad and Angelo Drive. MOVED by Stockman seconded by Ulstad carried to approve the change order to Hurley Construction Company in the amount of $32,806.20. Request for Public Hearing RSL 48: MOVED by Ulstad seconded by Stockman carried to call a public hearing for Residential Street Lighting 48 for December 4, 1972. Request for Public Hearing - Alley Vacation, Lakeview Heights Block 13: MOVED by Ulstad seconded by Hoover carried to call a public hearing for alley vacation for Block 13, Lakeview Heights for December 4, 1972. Tyrol Hills Pedestrian Bridge: Member Stockman introduced the following resolution and MOVED its adoption: 199 Regular Meeting of the Village Council, November 6, 1972 "RESOLUTION" (CALLING PUBLIC HEARING (73 -SI -4) PEDESTRIAN BRIDGE) MOVED by Stockman seconded by Hoover carried to instruct the Engineer to estimates from the State Highway Department for a Tyrol Hills Pedestrian Bridge at June Avenue and to call a public hearing for January 16, 1973, for this bridge. See Resolutions Book page 3�. Manager - Vacation: MOVED by Stockman seconded by Hoover carried to grant the Village Manager vacation during the month of January, 1973. ResolutionAppro_v_al of Supplemental Agreement, Minnesota Highwav Department: Member Stockman introduced the following resolution and MOVED its adoption: RESOLUTION "SUPPLEMENTAL AGREEMENT 72 CW 1" The motion for the adoption of the foregoing resolution was duly seconded by Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Stockman, Riggs, 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__. Request for Waiver of Right to Public Hearing - 72 WM 13 - 6945 Sandburg Lane: Member Ulstad 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 (72-WM-13) 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, 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 5 55. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (72 VNI 13) 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, 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_ � I Regular Meeting of the Village Council, November 6, 1972 Waiver of the Platting Ordinance - 2300 - 2332 Kewanee Way 5 Lots): The request is for waiver of Platting Ordinance for 2300-2332 Kewanee Way, for division of the following property: Lot 10 and the Northwesterly 20 feet of Lot 11, Block 6, Delphian Heights 3rd Unit, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Lot 11 except the Northwesterly 20 feet and the Northwesterly 40 feet of Lot 12, Block 6, delphian Heights 3rd Unit, according to the plat thereof on file and of record in the office of the Regis- ter of deeds, Hennepin County, Minnesota. Lot 12 except the Northwesterly 40 feet, all of Lot 13 and the Northwesterly 10 feet of Lot 14, Block 6, Delphian Heights 3rd Unit, according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minn- esota. Lot 14 except the Northwesterly 10 feet and the Northwesterly 30 feet of Lot 15, Block 6, Delphian Heights 3rd Unit, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. Lot 15 except the Northwesterly 30 feet and all of Lot 16, Block 6, Delphian Heights 3rd Unit, according to the plat there- of on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. MOVED by Stockman seconded by Ulstad carried to approve the Waiver of Platting Ordinance for the above referenced property with these two stipu- lations: A 10 foot easement on Lots 14, 15, & 16 will be deeded for a cul- de-sac on Kewanee Way and no driveway will be permitted off Manor Drive on Lot 16. Railroad Crossing - Laurel, Florida and Hampshire Avenues: The Engineer requested the Council to allocate funds to construct the grade crossings at Laurel and Florida and Hampshire Avenues for the traffic from the Industrial area. MOVED by Hoover seconded by Stockman carried to approve the construction of these crossings with the Village picking up 50% of the cost and appropriat- ing $3,000 from the contingent fund; and also to authorize the staff to work out an agreement with the property owners to pick up the remaining 50% of the costs. Building �Board of Review Minutes - October 17, 1972: MOVED by Ulstad seconded by Stockman carried to receive and file the Build- ing Board of Review Minutes of October 17, 1972. Planning Commission Minutes - October 30. 1972: Regular Meeting of the Village Council, November 6, 1972 MOVED by Stockman seconded by Ulstad carried to receive and file the Plan- ning Commission Minutes for October 30, 1972. Park & Recreation Commission Minutes.-- September 21, 1972 & October 26, 1972: MOVED by Ulstad seconded by Stockman carried to receive and file the Park and Recreation Commission Minutes for September 21, 1972 and October 26, 1972. Burt Brown was present from the Park & Recreation Commission to report on the Star of Bethlehem Property at 23rd and Pennsylvania Avenue to say that it was a desirable piece of property, but at this point hadn't had time to thoroughly investigate its place in the overall plan of the park system in the Village. MOVED by Stockman seconded by Hoover carried to ask the Planning Commission to take a look at this particular parcel in connection with their study of open space acquisition. Human Rights Commission Minutes - October 12, 1972: MOVED by Stockman seconded by Hoover carried to receive and file the Human Rights Commission Minutes for October 12, 1972. Police Report for September: MOVED by Hoover seconded by Stockman carried to receive and file the Police Report for September. Bills and Claims: MOVED by Stockman seconded by Ulstad carried to approve the bills as submit- ted on the prelist. MOVED by Ulstad seconded by Hoover carried to adjourn the meeting at 11:45 P.M. M or Attest: Acting Village Clerk