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10-01-73 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL October 1, 1973 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 1, 1973, at 7:30 o'clock P. M. The following members were present: Bix, Hoover, Moberg, Riggs, 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; Director of Planning & Inspections, Jon West- lake. Minutes of September 17th & September 24, 1973: MOVED by Bix seconded by Moberg carried to approve the minutes of September 17th and September 24, 1973, as submitted. Public Hearing - Special Assessment Roll - 1974: The Village Clerk presented the 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 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 Improvements: 72 -SI -12: Mr. Charles R. Coulter, Attorney, representing the Golden Valley Golf Club and stated they were not benefited by construction of curb & gutter and requested deferment of the assessment and interest. MOVED by Bix seconded by Hoover carried to approve the assessments for street improvements on the assessment roll for 1974. 73 -Dust Abatement: MOVED by Ulstad seconded by Bix carried to approve the 73 -Dust Abatement. Grading & Graveling - 69: MOVED by Hoover seconded by Ulstad carried to approve the assessments for 69 -GG -3. Regular Meeting of the Village Council, October 1, 1973 Lateral Sewer - 72: MOVED by Moberg seconded by Hoover carried to approve the assessments for 72 -LF -4,5,6, & 9. Correction added -73 -SS -1: Mr. Robert McLane, 5350 Gold. Val. Rd. stated he had Storm Sewer - 73: no benefit from the storm Sew. Mr. Robert Anderson, 5340 Gold. Val. Rd. statedhe also had no benefit from the storm sewer. 73 -SS -2: Mr. Gordon Volkenant, 4601 Roanoke Road, objected to the road being torn up four times and stated they did not need the storm sewer. 73 -SS -3: Mrs. Henderson, 8030 Maren Lane, requested deferrment of 1 1/2 cent a square foot, 15' easement across property unused land. Mr. Ed. Jordan, two lots on Winnetka Avenue (shopping center) adjust to two cents a square foot. MOVED by Bix seconded by Moberg carried to approve assessment for storm sewers for 1973, except deferrment of 1 1/2 cent a square foot on 8030 Maren Lane for five years with interest at 6% compounded. Watermain - 72-2: 72-WM-9: Mr. Charles R. Coulter, Attorney, representing the Golden Valley Golf Club requested deferment of assessment until property is developed for another use. MOVED by Ulstad seconded by Moberg carried to approve assessments on the 72-2 water mains, except 72-WM-9, south side (Golden Valley Golf Club) deferred with 6% compounded interest until there is a change in the use of the property. Watermain - 73: 73-WM-1: Mr. M. W. Orbuch, 3920 Glenwood Avenue, requested defert- ment of assessment until the property is platted or a waiver of platting is approved. MOVED by Ulstad seconded by Hoover carried to approve 73-Watermains, except 3920 Glenwood Avenue and 3940 Glenwood Avenue deferred until the property is platted or waiver of platting is approved, with 6% interest compounded. Street Lights - RSL -43 - RSL -51: MOVED by Hoover seconded by Ulstad carried to approve assessments for the above referenced street lights. Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS Regular Meeting of the Village Council, October 1, 1973 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: Bix, Hoover, Moberg, Riggs, 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 attest- ed by the Village Clerk. See Resolutions Book page !p g. MOVED by Ulstad seconded by Hoover carried to approve the certification of delinquent utility service charges for 1973 and delinquent weed control and tree removal charges for 1973. Public Hearing - PUD-lA (Benson -Orth Associates) Inc.): 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. Ronald Edstrom, Secretary of the Planning Commission, presented the recom- mendation of the Planning Commission to approve the amended request subject to certain stipulations i.e., proposed building 250' from Duluth Street, dedica- tion of approximately 1 acre for park purposes, with credit given for 54 park- ing spaces in future phase development based on present zoning code and gener- al plan approval. Mr. Kenneth Benson of Benson -Orth Associates, Inc., presented proposed plans for a second building in phase II with 174 parking spaces provided, and a traffic study dated August 8, 1973. Mr. Joe W. Kuns, 1610 Constance Drive East, representing neighbors concerned over traffic and safety on St. Croix Avenue for children and the patients in the nursing home, and the need of a park in the area, to prevent further en- croachment on the residential area. Kathy Lambert, 6025 Wolfberry Lane, requested that the one acre park be dedi- cated, it is needed now. Mrs. Mary Anderson, of Planning Commission, stated the Planning Commission approved the concept originally for use only not the number of buildings, in 1971. Mr. B. J. Boran, 6050 Wolfberry Lane, wants a park in the area, mistakes in the past shouldn't be lived by now. Mr. Rolland F. Brown, 5925 Wolfberry Lane, called this piece meal planning. Mr. Joe B. West, 1630 Constance Drive East, stated the easement was there and not given by Benson -Orth, they need a park, the creek was moved without a permit, should give the park back to the community. 1 1 Regular Meeting of the Village Council, October 1, 1973 Mr. Don B. Meinhardt, 6050 Duluth Lane, present building is five stories instead of three, need three dimension plan. Mr. A. T. Aho, 5631 St. Croix avenue, is afraid of the third phase of building due to traffic problem. Mr. Charles R. Coulter, Attorney, representing Benson -Orth Associates, Inc., stated they used PUD zoning upon recommendation of the Village Staff and planners. Mr. Coulter stated they were interested in working out a contract dealing with the proposed park area and phase three of the PUD. Mrs. Mary Smith, 5605 Wolfberry Lane, stated the traffic count used was taken befor the shopping center at Springgate was constructed, asked for a current traffic count on St. Croix Avenue. The Mayor closed the public hearing. MOVED by Hoover seconded by Ulstad to approve the Planning Commission recom- mendation for PUD lA for a second building as proposed, developer to deed approximately 1 acre for a park, credit 54 parking spaces in exchange for the park area, no access on St. Croix except emergency vehicles, with gener- al traffic on Duluth Street, and subject to the conditions set forth in the planning commission report. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bix NO Hoover YES Ulstad YES The motion carried. Moberg YES Riggs YES Mr. Charles R. Coulter suggested consideration of amending the PUD ordinance. Second Reading, Ordinance Zoning Light Industrial - Oken's Supreme, Inc.: MOVED by Moberg seconded by Hoover carried to give a second reading to an ordinance entitled: AN ORDINANCE AMENDING THE ZONING CODE (Light Industrial Zoning District Oken's Supreme, Inc.) Mr. Dean K. Knutson, 1109 Welcome Circle, asked if the green area and plant- ing plan had been approved, and asked if they could see the plans, also quest- ioned the grade of the parking lot. The Attorney for Oken's Supreme, Inc., stated they were willing to do anything within reason. Mrs. Ann Wilson, 1109 Welcome Circle, said the main reason for the buffer was to hide the cars in the parking area. Regular Meeting of the Village Council, October 1, 1973 Mr. N. Friedemann, 1121 Welcome Circle, asked for what purpose is the land being rezoned, and who approves the grades in the parking lot. MOVED by Hoover seconded by Ulstad to approve the ordinance herein quoted by title on its second reading. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bix YES Moberg YES Hoover YES Riggs YES Ulstad YES The Motion was carried and publication ordered. See Ordinance Book page vY. Agreements - Parking & Green Area, Oken's Supreme, Inc.: MOVED by Bix seconded by Moberg carried to authorize the Mayor and Village Manager to sign the agreement with Oken's Supreme, Inc., regarding parking and green area. Waiver of Platting Ordinance - Oken's Supreme, Inc.: The request is for waiver of the Platting Ordinance for division of the following property: 1106 Zane Avenue North: That part of Lot 1 and 2 lying Southeasterly of the Northeasterly extension of the Northwesterly line of the Southeasterly 35 feet of Lot 6; and Lot 9, except the Southeasterly 25 feet thereof; and Lots 12 and 13 all in Block 1, Lindsay's Second Addition. 1109 Zane Avenue North: The Southeasterly 54.02 feet of Lot 4 and all of Lots 5,6,7 and 8 Block 2, Lindsay's Second Addition. 1120 Zane Avenue North: That part of Lot 5 lying Southeasterly of the Northwesterly 25 feet thereof; and that part of Lot 6 lying Northwesterly of the Southeast- erly 35 feet thereof; and that part of Lots 1 and 2 lying between the Northeasterly extension of the Southeasterly line of the Northwesterly 25 feet of Lot 5 and the Northeasterly extension of the Northwesterly line of the Southeasterly 35 feet of Lot 6, all in Block 1, Lindsay's Second Addition. 5865 Golden Valley Road: That part of Lots 1 and 2 lying Northwesterly of the Northeasterly extension of the Southeasterly line of the Northwesterly 25 feet of Lot 5, all in Block 1, Lindsay's Second Addition. Regular Meeting of the Village Council, October 1, 1973 6005 Golden Valley Road: Lots 1, 2, 3 and that part of Lot 4 lying Northwesterly of the Southeasterly 54.02 feet of said Lot 4, all in Block 2, Lindsay's Second Addition. MOVED by Ulstad seconded by Bix carried to approve the Waiver of Platting Ordinance for the above referenced property. Public Hearing,- Vacation of Drainage & Utility Easement, J.H. Offerman, 2211 Legend Drive: The Village Clerk presented the affidavit showing publication in the official newspaper of the Notice of Public Hearing on proposed easement vacation. Said affidavit was examined, approved and ordered filed in the office of the Vill- age Clerk. The Mayor then announced that the meeting was open for public hearing on said proposed easement vacation and all persons present to do so were afforded opportunity to express their views thereon. Mr. Dudley C. Ericson, 4240 Legend Drive, stated there was no authority to vacate the drainage and utility easement, that no public interest is served, there is no joiner on the petition for vacation, only private purpose being served. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION (Vacation of Drainage and Utility Easement - Sleepy Hollow Addition) The motion for the adoption of the foregoing resolution was seconded by Member Bix, and upon vote being taken thereon the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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 12 Waiver of Platting Ordinance & Combination; 2211 Legend Drive: The request is for waiver of the Platting Ordinance for division and combina- tion of the following property: Lot 3, Block 1, Sleepy Addition to be combined with that part of Tract C lying North of a line drawn from the Southwest corner of Lot 3, Block 1, Sleepy Hollow Addition to a point on the Westerly line of Tract C distance 35 feet South of the Westerly extension of the North line of said Lot 3, RLS #879. MOVED by Ulstad seconded by Bix carried to approve the Waiver of Platting Ordinance for the above referenced property. Regular Meeting of the Village Council, October 1, 1973 Golden Valley Jaycees - "Haunted House", 9235 Medicine Lake Road: Mr. Ken Gowriluk, President of Golden Valley Jaycees, requested approval to operate a"Haunted House" from October 26 thru October 31, 1973 inclusive, at 9235 Medicine Lake Road. Proceeds of the project to be given to Courage Center for buying a transport van for the handicapped. MOVED by Ulstad seconded by Moberg carried to approve the project "Haunted House" at 9235 Medicine Lake Road. William J. Lundberg re: PUD X65. Vallee D'Or: Mr. Lundberg informed the council that inflation was affecting the require- ment that 10% of the 45 units of PUD #5, Vallee d'Or be constructed at $25,000 or less. Mr. Ron Edstrom, Secretary of the Planning Commission, presented the Plann- ing Commission recommendation, recommending design of a smaller unit. Council took no action, other than to suggest a formal amendment to the PUD would be necessary. Re: Winnetka Avenue Southbound Right Turn at T.H. #55: Mr. Elmer Bratsch, Golden Valley State Bank, said closing the south exit from the Golden Valley Shopping Center parking lot would complicate the parking in the lot, that 1/2 of the cars leaving go right on T.H. #55, they need an exit on T.H. 455. Mr. Dave Trach, Golden Valley Shopping Center, recommended more study of the traffic and traffic plan in the shopping center. Council appointed Members Hoover and Moberg to a committee with a member from the Planning Commission to meet with Mr. Trach, Mr. Bratsch and others and report back to council in one month. 1974 - Budget: MOVED by Ulstad seconded by Box to put $100,000 in General Contingency Fund instead of Land Acquisition Fund. The motion was denied. MOVED by Bix seconded by Moberg carried to reduce the proposed Revenue Shar- ing Fund for 1974 for the pedestrian bridge by $40,000. MOVED by Moberg seconded by Bix carried to revise the estimated State Aid to $694,917.00. MOVED by Bix seconded by Moberg carried to make the following additional allo- cations: Land Acquisition Special Contingency $100,000 Building Fund (garage) 50,000 Public Reserve Fund 26,000 General Contingency 27,257 Regular Meeting of the Village Council, October 1, 1973 The effect of said actions reduces the tax levy by $50,000 over the budget as presented. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1973 LEVY FOR VARIOUS IMPROVEMENT 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: Bix, Hoover, Moberg, Riggs, 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 at- tested by the Village Clerk. See Resolutions Book page Z a - Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION ADOPTING THE BUDGET FOR 1974 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1973 COLLECTIBLE IN 1974 The motion for the adoption of the foregoing resolution was duly seconded by Member Moberg, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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. Request for Public Hearing - MISCCA Addition (11-17-73): The Director of Planning & Inspections requested a public hearing for an addition to MISCCA on November 17, 1973. MOVED by Moberg seconded by Ulstad carried to call a;public hearing for an addition to MISCCA on November 17, 1973. Animal Humane Society _o_f_Hennepin County - re: Maintenance Contribution: A request dated September 18, 1973, from the Animal Humane Society was re- ceived, requesting support for increased service and maintenance. MOVED by Ulstad seconded by Moberg carried that the Village of Golden Valley participate by a contribution of $650.00 from the contingency to Council Manager Budget for 1973. Safety Council Report - Railroad Crossings: MOVED by Bix seconded by Moberg carried to defer the above referenced item to the meeting of November 3, 1973. Oswald Family Reunion Committee re: Brookview Picnic Shelter: Regular Meeting of the Village Council, October 1, 1973 A letter and $50.00 check was received in appreciation for use of the Brookview Picnic Shelter, dated September 21, 1973. MOVED by Bix seconded by Moberg carried to receive and file the letter from the Oswald Family Reunion Committee and the $50.00,,donation. License List: 9.00 9.00 MOVED by Moberg seconded by Bix carried to approve the licenses as follows: No. Licensee Type Fee 2565 Woodlake Sanitary Service Garbage Hauling $104.00 2566 Advance Music Food Est. 25.00 Award of Bids - Used Warming Houses (6 The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Director of Finance and Village Clerk met at the Civic Center, 7800 Golden Valley Road at 11:00 A.M., on September 28, 1973, and publicly opened and read the bids as follows: Bidder Bldg. 1. Bldg. 2. Bldg 3. Bldg. 4. Bldg. 5. Bldg. 6. Tom Gavic (75.00) (75.00) (75.00) (75.00) (75.00) (75.00) Pat Lyrek 50.02 50,02 50.02 50.02 40.00 40.00 Raymond Edberg 9.00 9.00 9.00 9.00 9.00 9.00 Lyle McKinley 20.00 82.00 82.00 25.00 25.00 25.00 Leanard Dittrich 20.00 - 60.00 - - - David Skoglund - 86.75 - - - - QRS Constr. 1.00 101.00 102.00 1.00 25.00 101.00 * Charge to remove buildings RECOMMEND AWARD OF SALE AS FOLLOWS: Pat Lyrek - Buildings 1, 4, 5 Q.R.S. Const. - Buildings 2, 3, 6 MOVED by Bix seconded by Moberg carried to award the bids to the high bidders Pat Lyrek for buildings 1, 4 & 5 and Q.R.S. Construction for buildings 2,3 & 6. Quotations - Parking Lot Light: The Village Manager presented quotations for a light in the Village parking lot as follows: Regular Meeting of the Village Council, October 1, 1973 Hoffman Electric $1,998 Gopher Electric 1,647 Snyder Electric 1,805 MOVED by Moberg seconded by Hoover carried to accept the low quotation by Gopher electric in the amount of $1,647.00 to be paid from the Building Fund. Resolution Requesting Hennepin County to Study Traffic on Duluth Street: Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Requesting Traffic Study - Duluth Street) The motion for the adoption of the foregoing resolution was seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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 116 . Human Rights Commission Minutes - September 13, 1973: MOVED by Hoover seconded by Moberg carried to receive and file the Human Rights Commission minutes for September 13, 1973. Appointment to Golden Valley Safety Council: MOVED by Ulstad seconded by Moberg carried to appoint Rollin L. Bergquist, 1300 Castle Court, to the Golden Valley Safety Council. Planning Commission Minutes - September 24, 1973: MOVED by Moberg seconded by Ulstad carried to receive and file the Planning Commission minutes for September 24, 1973. D.N.R. Re: Mandatory Flood Insurance: A letter from the Department of Natural Resources, dated August 13, 1973, sent to the Mayor stated that Golden Valley is subject to recurrent flood- ing and shall be included on the list and therefore may have a need for flood insurance. Council took no action. Police/Community Relations CommissLon Minutes -_September 11, 1973: MOVED by Moberg seconded by Bix carried to receive and file the Police/Com- munity Relations Commission minutes for September 11, 1973. Regular Meeting of the Village Council, October 1, 1973 Building Board of Review Minutes - September 18, 1973: MOVED by Bix seconded by Moberg carried to receive and file the Building Board of Review minutes for September 18, 1973. Discussion - Observance of U. N. Day: The Mayor appointed Fred Lange as Chairman for United Nations Day. MOVED by Moberg seconded by Hoover carried to confirm the Mayor's appoint- ment of Fred Lang as Chairman for Chairman for United Nations Day. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION Village of Golden Valley The motion for the adoption of the foregoing resolution was seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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 at- tested by the Village Clerk. See Resolutions Book page / Bills & Claims: MOVED by Moberg seconded by Hoover carried to approve the bills as submitted on the prelist. MOVED by Bix seconded by Hoover carried to adjourn the meeting at 3:00 A.M. Mayor Attest: Village Clerk 1