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06-04-74 City Council MinutesJ_ . REGULAR MEETING of the VILLAGE COUNCIL June 3, 1974 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 June 3, 1974 at 7:30 o'clock P.M. The following members were present: Anderson, Bix, Hoover, Moberg and Riggs; and the following were absent: None. Present were Village Manager Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Acting Village clerk, Bette Hall; Director of Planning & Inspections, Jon Westlake; Director of Parks and Recreation, John Brenna. Proclamation - "Huffer Day": Mayor Riggs read the Hunger Day Proclamation declaring June 16, 1974 as Hunger Day and that food collections could take place at Golden Valley Civic Center. Minutes of May 20, 1974: MOVED by Anderson seconded by Hoover carried to change future Minutes so that all project numbers should have an indication of what the projects are other than just the number. MOVED by Anderson seconded by Hoover that minutes are approved of May 20, 1974. PUD #13 - Cheyenne Land Company - General Plan Approval: Kathy Herje of the Planning Commission presented the May 19, 1974 Minutes of the Planning Commission recommending approval of PUD 413. Messrs. James Hawks, Ralph Carlson and Ray Carlson of Centurion Company, Dick- man Knutson of McCombs Knutson were present. Mr. Hawks Planner for Centurion Company presented plans indicating 154 units. He then explained utilities, landscaping and also trail easements, area for tennis courts and ponding. Mr. Ray Carlson explained the housing and showed several pictures of the units, Perma-lease and also option to buy out -right. Mayor Riggs opened for public hearing discussion. Wally Klovstad, 1220 Welcome Avenue North questioned about the sanitary sewer on Duluth Street. Mr. Klovstad also questioned the southeast corner of the PUD being developed. Mr. Stanley Hansen, 9050 Elgin Place, questioned about the emergency vehicle on the PUD, and spoke in favor of the project. Mrs. Kathy Hakala, 7500 Western avenue, stated that the Planning Commission investigated the S.E., corner of the PUD - Environmental Concern. The Mayor closed the public hearing. Regular Meeting of the Village Council, June 3, 1974 Anderson moved to grant approval to the general plan proposal of Cheyenne Land development Company PUD 413 subject to the conditions that were re- commended by Planning Commission with the following changes: MOTION on P.U.D.- No. 13: Approval of P.U.D., No. 13 subject to the conditions recommended by the Planning Commission with the following additions: 1. The option of house and land available for sale with a minimum of 10% of units under $33,000 and 30% of units under $44,000. 2. That prospective buyers be fully informed of all conditions of the sale and lease both verbally and in writing. The written material to be submitted to the Village for review before the first unit opened for sale. 3. A perpetual easement be granted to the Village for public trail and open space along the east property line, the details of which should be worked out by the staff. 4. Dedication to the Village of the area designated for tennis courts. Hoover seconded the motion. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Hoover YES Anderson YES Moberg YES Bix NO Riggs YES The Motion Carried. MOVED by Anderson seconded by Hoover carried to refer to Planning Commission for their information with special attention to the change in the minimums for the lower cost housing. Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION (Vacation of drainage and Utility Easements KINGS VALLEY, Cheyenne Land Company) The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon vote being taken thereon the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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-�aL� .�-. Public Hearing - 74 LF 2 - Sanitary Sewer (Xenia South of Laurel): The Village clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments 74 -LF -2 described in the resolution of this Council relating thereto, adopted on Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. Regular Meeting of the Village Council, June 3, 1974 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 except the following: John Parker of Forster Company Had question pertaining to assess- ments. The Mayor closed the Public Hearing. Member Bix introduced the following Resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 74 -LF -2 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: Anderson, Bix, Hoover, Moberg, and Riggs; 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 alit Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 74 -LF -2 The motion of 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: Anderson, Bix, Hoover, Moberg, and Riggs; 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_. Public Hearing - Public Improvements - RSL 54 (St. Croix & Toledo So.): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments RSL 54 described in the resolution of this Council relating thereto, adopted on 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. Member Hoover introduced the following Resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 54 continued: 1 1 1 Regular Meeting of the Village Council, June 3, 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: Anderson, Bix, Hoover, Moberg, and Riggs; 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 OUL7 - SEE BELOW FOR CONTINUATION OF THIS RESOLUTION # RSL 54 Public Hearing - Rezoning 2437-2485 Winnetka Avenue North (A.J. Poppulaars): Kathy Herje of the Planning Commission reviewed the P.C. Minutes of April 22, 1974, and indicated that the Planning Commission's desires on this request was for denial of the Rezoning of Business and Professional Office. Mr. Tony Poppulaars, proponent, stated that he has owned two lots and now has acquired a third lot which are located directly south of the cemetary. He further stated that he plans to build a clinic that meets the requirements of parking and green area. Mayor opened the meeting for public discussion. John Hopponen, 2400 Valders Avenue North stated that this had been an eye sore and that he was in favor of rezoning. Mr. George Nassig, representing the Mutual Cemetary Association, stated that he was in favor of the rezoning. MOVED by Bix seconded by Moberg carried to give a first reading to an ordin- ance entitled: AN ORDINANCE AMENDING THE ZONING CODE (Business & Professional Office District) A. J. Poppulaars Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson NO Bix YES Riggs The motion carried on first reading Referred to Board of Zoning Appeals and MOVED by Bix and seconded by Moberg that jurisdiction on Building Permit. Hoover NO Moberg YES YES Building Board of Review. the Village Council retain final Motion carried unanimously. (Proponent was informed that Second Reading would require a four-fifths maj- ority vote by Council and would be held at the time such building permit is before the Council Continuation of Resolution X654 omitted above. Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION RSL 54 The motion for the adoption of the foregoing resolution was duly seconded byMember Moberg, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the Regular Meeting of the Village Council, June 3, 1974 following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor and his signature attes- ted by the Village Clerk. See Resolutions Book page_ 21gl . (End correction continue with minutes page 111) Continu6A-Puhlie Rear mg - Plat, Trevilla of Golden Valley: Paul Pink, Architect for Trevilla, presented revised plans for a proposed retirement building addition to Trevilla of Golden Valley. Mr. Roland Stinski, Skyline Builders, Inc., responded to Council communica- tion to access to Rice Lake area. Mr. Brad H.Bainey, 7330 Olson Memorial Highway, stated that he wanted the access to the Townhouses to remain at Rhode Island. Harlan Darr, 541 Kelly Drive, opposed to cutting up a lot for benefit of Townhouses. Mayor closed the Public Hearing. MOVED by Anderson seconded by Hoover carried to approve the 2nd Proposal of Preliminary Plat. MOVED by Anderson seconded by Hoover to require the proponent to meet the following conditions: 1. Remove house on Rhode Island and use that house for open green area. 2. Provide landscaping plan including one on file for future when ponding is no longer required. 3. Provide at the time of the street vacation a specific plan for driveway access to the apartment which would provide adequate protection and screen- ing for the house on Kelly Drive. Motion failed to carry. MOVED by Anderson seconded by Hoover carried to require the proponent to meet the following conditions: 1. Provide landscaping plan including one on file for future when ponding is no longer required. 2. Provide at the time of the street vacation a specific plan for driveway access to the apart- ment which would provide adequate protection and screening for the house on Kelly Drive. Second Reading Ordinance - Trevilla of Golden Valley: MOVED by Hoover seconded by Moberg to give a second reading to an Ordinance entitled: 1 1 Regular Meeting of the Village Council, June 3, 1974 AN ORDINANCE AMENDING THE ZONING CODE (Institutional Zone District) Trevilla of Golden Valley Skyline Builders, Inc. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson YES Bix YES Riggs YES Hoover YES Moberg YES MOVED by Moberg 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 rj-� Residential Zone - Auditors Subdivision No. 322, RLS No, 935: MOVED by Moberg seconded by Hoover carried to give a second reading to an Ordinance entitled: AN ORDINANCE AMENDING THE ZONING CODE (Residential Zone - Auditor's Subdivisions No. 322) Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson YES Hoover YES Bix YES Moberg YES Riggs YES MOVED by Moberg 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 f,3 Second Reading Ordinance - Zoning Commercial Zone: R.C. Ernst: MOVED by Anderson and seconded by Moberg to give a second reading to an ordinance entitled: AN ORDINANCE AMENDING THE ZONING CODE (Commercial Zone) R. C. Ernst Mr. R. C. Ernst was asked when the home and garage would be removed on the site because of its hazardous condition. Mr. Ernst indicated that the home and garage would be removed from the property by June 15, 1974. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson YES Bix YES The motion carried Riggs YES Hoover YES Moberg YES B `I Regular Meeting of the Village Council, June 3, 1974 MOVED by Moberg seconded by Bix that the Village Council retain final juris- diction on the building permit for a new structure.axdxtaxaggxaxax8kaxaxdim- aaasxaxxkazaicxxgmnkarxkyxgiana axxigaxzaaaxdxxaadingxaxdxknxaxdaxxpublication thereof. See Ordinance Book page (correction re above motion for publication should read.as follows, two sep- arate motions -were made) carried MOVED by Bix seconded by Moberg to/approve the ordinance as herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page_ ci4 Second Reading Ordinance - Revising Plat Dedication Requirements: MOVED by Bix seconded by Anderson carried to give a second reading to an ordinance entitled: AN ORDINANCE REVISING PLAT DEDICATION REQUIREMENTS MOVED by Bix seconded by Moberg carried that the change from "shall" to "may" be made on the plat dedication. MOVED by Moberg seconded by Bix carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page 0) Communications: Daryl Natz - 1309 No. Tyrol Re: I-394: Daryl Natz, President of Concerned Citizens Committee presented a request to the Council for Council participation in possible litigation against proposed I-394. Council took under advisement whether the Village should participate in legal action regarding I-394 designation and design. Whether it is before or after the corridor is designated and what are the time alternatives. MOVED by Bix seconded by Hoover carried to retain Mr. Skare's firm to prepare a report on legal remedies available. Moberg voted "NO". A meeting will be called for the first council meeting in July. License List: MOVED by Bix seconded by Moberg carried to approve the license list as follows: LICENSES FOR APPROVAL June 3. 1974 No. Licensee Type Fee 3046 Dennis Menk (Trevilla) Vend NP $10.00 3047 Lowell Bowman Peddle - flowers 35.00 3048 G.V. Park & Rec. Dept.(Metro Ven) Vend NP Exempt 3049 it It it(Pepsi-Cola) Vend NP Exempt 3050 Noble Elementary School Food Est. Exempt 3051 Noble Elementary School Vend NP Exempt 3052 Siqurd Olson Elementary School Food Est. Exempt 1 i� 1 Regular Meeting of the Village Council, June 3, 1974 Minneapolis Elks Lodge 444 - Renewal "On -Sale" Club License: MOVED by Bix seconded by Anderson carried to approve the license for Minneapolis Elks Lodge #44. American Legion - Chester Bird Post 4523: MOVED by Anderson seconded by Bix carried to approve the license for Ameri- can Legion - Chester Bird Post 44523. Award of Bids - Street Maintenance - Seal Coat Aggregate: 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, 7800 Golden Valley Road, at 11:00 A. M., on May 29, 1974 and publicly opened and read the bids as follows: Kraemer & Sons 4.50 No Bid $ 2,250.00 Bryan Dresser No Bid 7.30 21,900.00 Barton Const. 3.28 No Bid 1,650.00 Midwest No Bid 7.25 21,750.00 MOVED by Moberg and seconded by Anderson to award the contracts for Seal Coat Type I to Barton Construction Company and for Seal Coat Type II to Bryan Dresser Contracting Company. Award of Bids - Two Cab & Chassis: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Village Engineer, Finance Director and Village Clerk met at the Civic Center, 7800 Golden Valley Road at 11:00 A.M., on May 29, 1974 and publicly opened and read the bids as follows: Bill Boyer Ford 5% Bid bond $16,756.54 for delivery on January 31, 1975. MOVED by Moberg and seconded by Bix carried to award the contract for two cab and Chassis to Bill Boyer Ford. Award of Bids - Bituminous Walkways, Park System: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Village Engineer, Park and Recreation Director, Park Maintenance Director and Village Clerk met at the Civic Center, 7800 Golden Valley Road at 11:00 A.M., on May 30, 1974, and publicly opened and read the bids as follows: Hardrives, Inc. 5% $43,532.15 (Alternate) 20,333.15 (Base Bid) Metro Engineering 5% 36,146.60 (Alternate) 28,439.20 (Base Bid) Bicon Construction 5% 57,583.56 (Alternate) Continued next page: 11-5. Regular Meeting of the Village Council, June 3, 1974 Woog Brothers 5% Continue with Award of Bids: Victor Carlson 5% 33,946.50 Henderson & Lemke HJA Construction 5% 36,538.65 (Alternate) 41,780.50 F. A. Kelly 5% 29,527.95 (Base Bid) 5% Bituminous Roadways 5% 39,468.54 (Alternate) Arnold Beckman 5% 41,134.45 36,710.36 (Base Bid) Alexander Construction NO BID Dunkley Surfacing 5% 32,275.40 (Alternate) 24,366.75 (Base Bid) MOVED by Bix and seconded by Anderson carried to award the contract for Bituminous walkways, Park System to dunkley Surfacing, on the base bid. Award of Bids - Concrete Walk 74 CW 1: The Village Clerk presented an affidavit of publication to the official news- paper. Sealed bids were received and the Village Manager, Village Engineer, and Village Clerk met at the Civic Center, 7800 Golden Valley Road, at 11:00 A.M., on May 30, 1974, and publicly opened and read the bids as follows: Concrete Curb 5% $38,844.25 Woog Brothers 5% 51,938.45 Victor Carlson 5% 33,946.50 Henderson & Lemke $100,000 Bond 36,289.20 Mario Frasson No Bid Bond 41,780.50 F. A. Kelly 5% 33,697.75 Minn. State Curb 5% 41,605.00 Krueger Const. 5% 35,709.50 Arnold Beckman 5% 41,134.45 MOVED by Anderson and seconded by Moberg carried to award the contract to low bidder, F. A. Kelly in the amount of $33,697.75 for 74 -CW -1. Council Confirmation - Offer on Star of Bethlehem Property: MOVED by Anderson seconded Moberg carried that confirmation of the offer made by the manager on the Star of Bethlehem Property. MOVED by Anderson seconded by Moberg carried that negotiations be started on the Brunswick Lots. ARril Budget Report: MOVED by Moberg seconded by Anderson carried to accept and file the April Bud- get Report. Waiver of Public Hearing 74-WM-2 - Kings Valley: Member Anderson introduced the following resolution and MOVED its adoption: see next page: 1 [1 Regular Meeting of the Village Council, June 3, 1974 RESOLUTION WAIVING THE PUBLIC HEARING AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 74-WM-2 The motion for the adoption of the foregoing resolution was duly seconded by Moberg and upon vote being taken thereon the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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 :L90 Request for Public Hearing 74 -SC -1 (6-17-74): MOVED by Moberg and seconded by Bix carried to call a public hearing for 74 -SC -1 on June 17, 1974 and introduced the following resolution: RESOLUTION CALLING PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS (74 -SC -1) The motion for the adoption of the foregoing resolution was duly seconded by Moberg and upon vote being taken thereon the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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 Resolutions Book page -�2 �& Discussion 1975 Budget Priorities: Carol Jones discussed the Emergency Expenses, Contingency funds and how they are used and a review at the end of the year. It was decided to put this early on the Agenda for June 17, 1974, council meeting. Reminder of 1974 Board of Review (6-4-74): Final Approval - Building Permit Courage Center: Mary King questioned was there a final approval on the building permit? MOVED by Anderson seconded by Hoover carried that there be a final approval of the building permit for Courage Center. Human Rights Commission re: Housing Report: Mr. Wayne Cox represented the Human Rights Commission on recommending action to form a Housing and Redevelopment Authority. Mr. Ron Haskavitz stated that he wanted it on record that H.R.C. did unanimou- sly approve the report and that HRC be granted specific authority for appli- cation for HRA. 7 ,. } Regular Meeting of the Village Council, June 3, 1974 Ms. Mona Moede, 209 Natchez Avenue South, Chairman of the Human Rights Commission indicated how simple it was to make application for the develop- ment of HRA and should be the first step. Indicating the costs involved. MOVED by Moberg seconded by Anderson carried that the Council discuss the housing alternatives as proposed by the HRC on the first meeting in July. Committee Report on Conflicts and Disclosures: Ron Haskvitz, Chairman for the Conflicts and Disclosures Committee, recom- mended that the Council approve the report as drafted. Council decided to meet on Tuesday, June 25th at 8:30 P.M., to discuss the recommendations of the Conflicts and Disclosures Committee. It was also decided that the Commission members and Department heads would be invited to this meeting. Board of Zoning Appeals Minutes - May 14, 1974: MOVED by Bix seconded by Anderson carried to receive and file the Board of Zoning Appeals Minutes - May 14, 1974. Golden Valley Safety Council Minutes - April 22, 1974: Mr. George Murad, Chairman of the Safety Council, stated that the Safety Council recommended that the Council install stop signs on Olympia at Sum- ter, Kelly Drive and Hampshire. They also recommended stop signs on Culver Road and Lilac Drive and on Golden Valley Road at its intersection with St. Croix Avenue. MOVED by Anderson seconded by Bix carried that authorization of the installa- ation of stop signs on Olympia Street at its intersection with Sumter, Kelly Drive and Hampshire be approved. MOVED by Bix seconded by Hoover carried that authorization of stop signs on Golden Valley Road at its intersection with St. Croix Avenue North be approved. Mr. George Murad, Chairman of the Safety Council stated that the State High- way Department would like two exits closed on Lilac Drive north of Culver Road. MOVED by Moberg seconded by Anderson carried that a letter be sent to the State Highway Department asking them how they would implement the closing of the two exits and what alternatives they would have. Dr. Roger Becklund, 5385 Culver Road, stated that he recommends the Council defer it until the Safety Council has studied the fire protection for that area. MOVED by Moberg seconded by Bix carried that a stop sign be installed on Cul- ver Road and send a recommendation to the State Highway Department to consider the desirability of putting stop signs on Lilac Drive at Culver Road. Lowell Odland, City Engineer, recommended that stop signs not be installed on 119. Regular Meeting of the Village Council, June 3, 1974 Lilac Drive because of the short stopping distance between the'off ramp at Dawnview Terrace and Culver Road. MOVED by Anderson seconded by Bix carried to receive and file the Golden Valley Safety Council Minutes for April 22, 1974. Building Board of Review Minutes - May 21, 1974: MOVED by Anderson seconded by Moberg to receive and file the Building Board of Review minutes for May 21, 1974. Rillc & rinimc- A_ nofnrin C_ Plnridac r1n4m- Received and filed claim. Approve Bills on Prelist. MOVED by Bix seconded by Anderson carried to adjourn the meeting at 2:45 A.M. Mayo Aztiug Village Clerk (NOT ON AGENDA) Businessmen from Golden Valley Shopping Center: Member Moberg discussed the meeting with the businessmen that took place on Friday, May 31 at the Civic Center stating that the businessmen were concerned that access to their property would be denied and indicated a strong interest in the ring road concept_ for the shopping centers, They are establishing a committee to work on this. Member Anderson MOVED that we delay sending the resolution passed on May 20 to the County until next October at which time we would evaluate any proposals for the ring road system. Seconded by Member Moberg. Motion did not carry. David Trach, owner of the Golden Valley Shopping Center, stated his opposition to the Council's action. Member Bix MOVED to request a right turn onto TH. X655 from Winnetka Avenue and that the south driveway from the shopping center be allowed access to the right turn lane only. Seconded by Member Moberg. Motion carried. Members Hoover and Anderson voted "NO". Member Moberg MOVED that the Businessmen be requested to come back to the Council by August 1st, for discussion on the ring road. Seconded by Member Anderson motion carried. Council MOVED to discuss the transportation plan on June 24, at 7:30 P.M.