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06-17-74 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL June 17, 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 May 20, 1974 at 7:30 o'clock P.M. The following members were present: Anderson, Bix and Moberg; the following were absent: Hoover and Riggs. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Acting Village Clerk, Carol LeVesque. Minutes of June 3, 1974: MOVED by Anderson seconded by Bix carried that the minutes of June 3, 1974 be approved, subject to the following corrections: Page 114: Under "Communications" - Daryl Natz: Motion should read: MOVED by Bix seconded by Hoover carried to retain Mr. Skare's firm to prepare a report on legal remedies available. Moberg voted "NO". Page 112: Middle of page under "Continued Public Hearing": Should read "Rice Lake area" instead of "Kelly Drive". Page 117: Under "Waiver of Public Hearing 74-WM-2, Kings Valley; in the second line of the motion, after the word "voted", please add: "infavor thereof: Anderson, Bix, Hoover, Moberg and Riggs and the following voted *'* * *". Page 117: Under "Human Rights Commission re: Housing Report", first line, should read: "Mr. Wayne Cox" rather than "Mr. Wayne Mona". Mr. Bix stated that he noticed the minutes of the Board of Review 1974 Ass- essments were not included in the Council packets and asked that they be placed in the next agenda. Public Hearing - Street Vacation - Busch Street (Cont. from 5/6/74): Councilman Moberg opened the Public Hearing. (Copy from former minutes). Mr. Bill Busch, owner of the land and greenhouse, was present. He stated that the street vacation was very necessary for the development of the whole property. He was informed that the Council should have had the deed in hand for this meeting before they could act on a resolution vacating the street; also that the land to be dedicated for the cul-de-sac must be in an elevation where a cul-de-sac could be built or in an area that could be filled. The Village Engineer stated that there should be some stipulation as to the fill that would be required in order to protect the Village from further cost. A man from Volp Construction was present to encourage the Council to act on this matter since his company was erecting a new build- Regular Meeting of the Village Council, June 17, 1974 ing on the property immediately east of it. The Village Manager inquired if the Volp people would be removing the greenhouse but his answer was negative. Village Attorney stated that one reading of the resolution would make the vacation of the street final so it should not be vacated until the staff is satisfied that the rights of the Village have been protected. Councilman Moberg closed the public hearing. MOVED by Anderson seconded by Bix carried to continue this matter to the July 1, 1974 Council meeting subject to submitting the deed to the Council and subject to the approval of the Engineering Department. Public Hearing - Street Vacation - Portion of Manor Drive Cont. From 5-6-740 Councilman Moberg opened the Public Hearing (Copy from old minutes). Since the proponent, Mr. Dempsey, was out of town and has not submitted any plans to the Council, no action could be taken on this matter. Councilman Moberg closed the public hearing. MOVED by Bix seconded by Anderson carried to continue this item to the Aug. 5th Council meeting. Public Hearing - Street Vacation - Miller Street: Councilman Moberg opened the Public Hearing (Copy from old minutes). The proponent, James Miceli, Assistant City Manager of St. Louis Park, was present to speak to Council. He pointed out the proposed area of the West- wood Hills Nature Center on a large map and explained that they want to protect the northern boundary of the Environmental Center from any inter- ference from traffic or similar types of non -transitional land use. He said, with Golden Valley's granting the vacation of Miller Street, there.=is the opportunity for preservation of this area and to permit its development for public use for all surrounding communities who can work together. Both young and old could learn to appreciate nature and could view the different types of environmental situations which we find in our State. General discussion followed with the Council members and Village staff. Councilman Moberg asked for other interested persons to come forward. Dr. William Haun of General Mills approached the Council to speak in opposition to the vacation. He said General Mills owned the property in the southeast quadrant of the interchange of County Road 18 and Highway 12. He said he felt that the Council would be doing a disservice to General Mills, property owners in Golden Valley, if they would move to vacate Miller Street. The Village Engineer recommended that Miller Street not be vacated because Golden Valley must maintain access to the west of Boone Avenue to Flag Ave- nue, in order to serve the undeveloped properties west of Flag Avenue. Councilman Moberg closed the public hearing. MOTION by Anderson seconded by Bix carried to deny the request for vacation of Miller Street. Regular Meeting of the Village Council, June 17, 1974 Public Hearing - Street Vacation - Fifth Avenue North: The Acting Village Clerk presented the affidavit showing publication in the official newspaper of the Notice of Public Hearing on proposed street vacation. Said affidavit was examined,approved and ordered filed in the office of the Village Clerk. Paul Pink, Architect, was present for the request. Councilman Moberg then announced that the meeting was open for public hear- ing on said proposed street vacation and all persons present to do so were afforded opportunity to express their views thereon. Their were no object- ors. Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Street Vacation - Portion of Fifth Avenue) The motion for the adoption of the foregoing resolution was seconded by Member Moberg, and upon vote being taken thereon the following voted in favor thereof: Anderson, Bix, Moberg; 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 ,2 9 Public Hearing - Public Improvements - 74 -SC -1 First Sealcoating of Sumter Ave. Rhode Island Avenue, Patsy Lane and Julianne Terrace: The Acting Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improvements 74 -SC -1 described in the resolution of this Council relating thereto, adopted on April 15, 1974. Said affidavit was then examined, approv- ed and ordered filed in the office of the Village Clerk. Member Moberg then announced that the meeting was open for public hearing on said proposed public improvements, and all persons present to do so were afford- ed opportunity to express their views thereon. No persons presented objections, with the exception of the following comments: John C. Stratton 8150 Patsy Lane, had questions on who is responsible for repair work (i.e., concrete driveways, etc.). Member Moberg closed the Public Hearing. Member Bix introduced the following Resolution and MOVED its adoption: RESOLUTION (Ordering Construction of Certain Proposed Public Improvements) 74 -SC -1 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof. Anderson, Bix, and Moberg; and the following voted e Regular Meeting of the Village Council, June 17, 1974 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 qct Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION (Approving Plans and Specifications and Ordering Manner of Construction) 74 -SC -1 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, and Moberg; 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 Acting Village Clerk. See Resolutions Book page v 0 Public Hearing - 74 -SI -9 - Bituminous Surfacing - Sumter Avenue, from TH #12 to vacated Erie Avenue: The Acting Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Pub- lic Improvements 74 -SI -9 described in the resolution of this Council relat- ing thereto adopted on. Said affidavit was then examined approved and ordered filed in the office of the Village Clerk. Member Moberg 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. Mr. Joe Gately, 642 Sumter Avenue South, questioned about the assessments of Sumter Avenue and what about oiling the streets. Mr. Jerry Ritter, 1033 Sumter Avenue South, opposed the bituminous surfacing but in favor of oiling the street. He presented a letter from the Minnesota Highway Department directed to the Safety Council regarding cutting off the access to TH #12 from the Service Road on, Sumter Avenue going west. In favor of street being oiled. Member Moberg stated that the letter would be submitted to the Safety Council. Mr. Edmund Noren, 840 Sumter Avenue South, opposed to the dust on Sumter and would like to see it blacktopped. Opposed also to closing the access to TH�`12. Mr. Albins Winkels, 914 Sumter Avenue South, opposed to the installation of bituminous surfacing on Sumter Avenue and wants to wait until the Highway Department does something with Highway 12. Mr. Lowell E. Cole, 815 Sumter Avenue South, would like to see the road paved on Sumter Avenue. Mr. D. J. Leigh, 600 Sumter Avenue South questioned the cost of oiling over the years in comparison to blacktopping the street. Regular Meeting of the Village Council, June 17, 1974 Member Moberg closed the Public Hearing. Member Anderson moved that we deny approval of 74 -SI -9, seconded by Member Bix. Motion carried unanimously. Public Hearing - RSL #55 - Golden Valley Road from Winnetka Ave. to Vermont Ave. The Acting Village Clerk presented an affidavit showing publication in the off- icial newspaper of the Notice of Public Hearing on certain proposed Public Impro- vements RSL 455 described in the resolution of this Council relating thereto, adopted on May 20, 1974. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. Member Moberg 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 view thereon. No persons presented objections except the following: John T. Bunbain, Kuiper's Hardware, stated he was for the RSL X655. Duane L. Haugen, Odin's Men's Wear, stated that he would support the RSL #55. Member Moberg closed the Public Hearing. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL -55 The motion for the adoption of the foregoing resolution was duly seconded by Member Bix, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix and Moberg; 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 -101 Informal Public Hearing - 3900 Glenwood Avenue; Platting Waiver Request: Mr. Charles E. Nadler, Attorney, stated that removal of the house will be made by August 17, 1974. Mr. Robert Skare, stated that the action could not be taken until the house was moved. Mr. Charles Nadler then stated that he would have the house moved by the 1st of August, 1974. Member Bix moved that we continue this hearing on the August 5,1974 Council Meeting. Seconded by Member Anderson. The motion carried. Park & Recreation Report on Open Space Committee Structure: Dr. Ray G. Peterson, Park & Recreation Commission, stated that the Commission would like to work with the Open Space Committee and also approval to work with the Trails Committee to preserve open space in Golden Valley. 125 Regular Meeting of the Village Council, June 17, 1974 Mr. John Homme, Vice -Chairman, Environmental Commission, stated that citizens on the Open Space Committee should have the opportunity to work directly with the Council & with other Commissions and they should not be subject to the Censorship of any Commission that they would have to work through. Mr. Wallace Klovstad, Chairman, Environmental Commission, stated that it should be a Committee all by itself and not under any other Commission. Member Anderson MOVED to accept the Park & Recreation report as amended and authorize its implementations under Item 6 (Structures) Item 5 (Procedures) and Item 3 (Procedures). Seconded by Member Bix. Motion carried unanimously. Informal Hearing - Bus Route X619 - Change in Scheid Park Area: Mr. Sam Jacobs, Minneapolis Transit Commission, presented a map of the bus route to be proposed wich will serve the area of Golden Valley south of Duluth Street and East of TH 4100. John Rock, 5218 St. Croix Avenue North opposed the route of going around the park not against the bus service. Mr. James Anderson, 5211 St. Croix Avenue North, opposed to the route around Scheid Park because of a difficult turn. Mrs. E. D. Vaughan, 5217 St. Croix Avenue, opposed to the route around Scheid Park because of the children in that area. Mr. Vernon Sturman, 5111 Golden Valley Road, in favor of having the bus Route 4419 go through the Route as indicated by MTC. Mr. Raymond Brandenkamp, 1831 Toledo Avenue, opposed to the bus route as Mr. Rock had indicated, not MTC. Mr. George Klouda, 5311 Golden Valley Road, in favor of seeing the bus route in this area. Mrs. E. M. Dehkes, 5318 St. Croix Avenue, opposed to the route that MTC indi- cated. But wanted to have the route go from Golden Valley Road to the Service Road crossing over to Toledo Avenue. Mrs. Virginia McLane, 5350 Golden Valley Road, in favor of having the bus route as it is needed in our area. Council recommended that MTC bring forth more bus routes and that the citizens involved in those routes would be present to discuss a more practical bus route for the Sheid Park Area by August 5, 1974. Communications: Environmental Commission Re: Letter of May 20, 1974: Wallace Klovstad, Chairman of the Environmental Commission, was present to explain the letter regarding the development of a resource recovery and recycling program in cooperation with the suburbs of Crystal, New Hope, and Regular Meeting of the Village Council, June 17, 1974 Robbinsdale. John Homme, Environmental Commission member, gave a brief description of a field trip made to Austin, Minnesota to study their recycling program. MOVED by Bix, seconded by Anderson, carried unanimously, to instruct the members of the Environmental Commission to return at a later meeting at their convenience with more definitive information. Resignations from Human Rights Commission - Mona Moede and Melvin Burstein: Member Moberg stated the City Council is in receipt of letters of resignation from Human Rights Commission members Mona Moede and Melvin Burstein. MOVED by Anderson, seconded by Bix, carried unanimously, to accept and file the letters of resignation and write response letters thanking them for their service. Communications: James Kliment re: Public Works Service: Member Moberg stated the City Council is in receipt of a letter from James Kliment, 2160 Zane Avenue North, Golden Valley, Minnesota re: Public Works Service. It was moved by Anderson, seconded by Bix, carried unanimously, to accept and file the letter from James Kliment re: Public Works Service. Communications: Application for Planning,,�Commission: Member Moberg introduced a letter from George A. Murad applying for the current vacancy on the City Planning Commission. MOVED by Anderson, seconded by Bix, carried unanimously, to accept and file the application for Planning Commission. Communications: Metropolitan Health Board Meeting - July 10, 1974- Z. G. Omans, City Manager stated there will be a meeting held by Metropolitan Health Board and Metropolitan Commission at 4:30 P.M., Wednesday, July 10, 1974 at the Metro Square building on 7th and Robert Streets in regard to an applica- tion for Certificate of Need from Life Sciences Foundation, 3901 Golden Valley Road, Golden Valley, to purchase an 18 MED LINEAR Accelerator for use in re- searching high energy radial therapy treatment of cancer patients. The cost for the equipment is $464,825. License List: LICENSES FOR APPROVAL June 17, 1974 No. Licensee Type Fee 3053 Chester Bird Am. Legion Post 523 Juke Box $5.00 3054 Lodgings, Inc. (G.V. House) Motel 50.00 3055 Westwood Lake Offices Cigarettes 12.00 3056 Westwood Lake Offices Vend NP 7.50 Regular Meeting of the Village Council, June 17, 1974 Licenses for Approval, June 17, 1974 (cont.) No. Licensee Type Fee 3057 Weigen Graphics Vend NP $ 5.00 3058 Red Owl Store Vend NP 5.00 3059 Clifford H. Moen Peddle w/car-art prints 11.00 3060 Carriage House Motor Lodge Motel 50.00 3061 Carriage House Motor Lodge Juke Box 15.00 3062 Glen's Union "76" Cigarettes 12.00 3063 Colonial Acres Home, Inc. Vend NP 7.50 3064 Continental Cont. (Holiday Hotel) Food Est. Exempt Pd. 5/6/74 Licenses: Renewal of "On -Sale" Liquor License and Approval of New "Off -Sale" Holiday Motor Hotel - Continental Contractors: MOVED by Anderson, seconded by Bix, carried unanimously, to defer action on this item to July 1, 1974 subject to the proponent meeting with Robert Skare, City Attorney, and subject to the proponent providing complete detailed infor- mation, including names of the various companies and officers involved, and providing copies of the Application for License and financial information to the City Staff. MOVED by Bix, seconded by Anderson, carried to approve the "On -Sale" Intoxi- cating Liquor License for Michael Crakes dba Michael's subject to full pay- ment of the Liquor License fee by July 1, 1974. The Village Council discussed food conditions and complaints of service to minors and asked the licensee to give attention to the elimination of these problems or his license might be in jeopardy. MOVED by Bix, seconded by Anderson, carried, to approve the "On -Sale" Intoxi- cating Liquor License for Aloha Corporation dba Carriage House Restaurant and Lounge. Moberg voted "No", stating she approved seeking legal advice and recommendations on I-394, but wanted the report to come from our attorney on I-394, Mr. Charles Dayton. MOVED by Bix, seconded by Anderson, carried to approve the "On -Sale" Intoxi- cating Liquor License for Glenn Corporation dba White House. The Village Council discussed the fact that the Golden Valley House was in receivership and questioned the ability of the dummy corporation, as set up, being able to make the necessary changes in food service and properly operate the facilities in accordance with Golden Valley expectations. MOVED by Bix, cating Liquor seconded License by for Anderson, carried, to approve the "On -Sale" Intoxi- Harold E. Lynch dba The New Boulevard, Inc. MOVED by Bix, seconded by Anderson, carried, to approve the "On -Sale" Intoxi- cating Liquor License for B.L.R. Inc., dba Cork 'N Cleaver, subject to a new bond being filed with the Village Clerk. MOVED by Bix, seconded by Anderson, carried to approve the "On -Sale" Intoxi- cating Liquor License for Michael Crakes dba Michael's subject to full pay- ment of the Liquor License fee by July 1, 1974. The Village Council discussed food conditions and complaints of service to minors and asked the licensee to give attention to the elimination of these problems or his license might be in jeopardy. MOVED by Bix, seconded by Anderson, carried, to approve the "On -Sale" Intoxi- cating Liquor License for Aloha Corporation dba Carriage House Restaurant and Lounge. Moberg voted "No", stating she approved seeking legal advice and recommendations on I-394, but wanted the report to come from our attorney on I-394, Mr. Charles Dayton. MOVED by Bix, seconded by Anderson, carried to approve the "On -Sale" Intoxi- cating Liquor License for Glenn Corporation dba White House. The Village Council discussed the fact that the Golden Valley House was in receivership and questioned the ability of the dummy corporation, as set up, being able to make the necessary changes in food service and properly operate the facilities in accordance with Golden Valley expectations. W Regular Meeting of the Village Council, June 17, 1974 The Attorney representing the receiver was asked to furnish additional financial information, straighten out food service problems and equipment with the Golden Valley Health Inspector, and provide the Council with additional information. It was moved by Anderson, seconded by Bix, carried to defer action on this item until July 1, 1974. MOVED by Anderson, seconded by Bix, carried to approve the following "On -Sale" Sunday Sale Liquor Licenses: Minneapolis Elks Lodge No. 44 The New Boulevard, Inc. Golden Valley Golf Club, Inc. Aloha Corporation, Carriage House B.L.R. Inc., dba Cork 'N Cleaver Mayor and Council Item: Crvstal Drainaee and Scott Avenue Drainage: The City Engineer, gave a brief explanation and background of this drainage problem: Joe Boisclair, acting as spokesman for Mr. and Mrs. Wilcox, 3398 Scott Ave., Mr. and Mrs. Herman Max, 3384 Scott Ave., Mr. and Mrs. Donald Page, 3376 Scott Ave., Mr. and Mrs. Patrick Eckelberg, 3368 Scott Ave., and Mr. and Mrs. John Sager, 3360 Scott Ave., presented photographs of the flooding that occured in the yards of the above residents during the heavy rains on June 2 and 4, 1974. Mr. Boisclair stated this problem has existed since the natural drainage ditch in their area was covered up some years ago. He urged that the City Council make efforts to obtain funds to construct adequate storm sewer facilities. Discussion was held on the possibility of joining with the City of Crystal and City of Robbinsdale to try to develop a remedy to this drainage and water problem in this area. Mr. Wilcox, 3398 Scott Ave. No., requested that his house be condemned because he feels his house is a ponding area and should be used as one. MOVED by Member Anderson that our City Manager set up a meeting at the earliest possible date with the City of Crystal and City of Robbinsdale in regard to the drainage problem and possible solutions. The motion was seconded by Member Bix and carried unanimously. MOVED by Bix, seconded by Anderson carried unanimously to instruct the City Attorney to make the appropriate research and take the appropriate legal action to determine what course of legal remedy should be taken. It was moved by Anderson seconded by Bix carried unanimously to request that our City Engineer bring back to the City Council cost estimates on any temp- orary help for the drainage problem on 33rd and Scott Avenues. The following residents appeared before the City Council and suggested that improving the drainage would put additional water into Bassetts Creek and might increase their problem when Bassetts Creek floods: Regular Meeting of the Village Council, June 17, 1974 John Hoffman, 2660 Scott Avenue, Ervin Peterson, 2685 Scott Avenue, Lance Erickson, 2665 Scott Avenue, Roger Stecker, 2675 Scott Avenue, James Jacobson, 2600 Scott Avenue, Richard McGowan 2655 Scott Avenue. Village Manager's Items: Award of Bids - 73 -SI -1, 7 & 13; 74 -SI -3,5,6, & 7. The Acting Village Clerk presented an affidavit of publication to the official newspaper. 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 June 13, 1974, and publicly opened and read the bids as follows: Arcon Construction 5% $37,736.20 Concrete Curb & Company 5% 39,115.10 Minn. State Curb & Gutter 5% 41,643.00 Victor Carlson 5% 46,931.90 F. A. Kelly 5% 48,638.00 Arnold Beckman 5% 60,419.70 Alexander Construction DID NOT BID MOVED by Bix seconded by Anderson to award the contract to low bidder, Arcon Construction in the amount of $37,736.20 for 73 -SI -1, 7 & 13; 74 -SI -3,5,6, & 7. Village Manager's Item: Revenue Sharing Planned Use Report: MOVED by Anderson, seconded by Bix, carried that the estimated revenue sharing funds during the period from July 1, 1974 through June 30, 1975 be planned for use as follows: $79,000 for park and open space land acquisition, $16,000 for the detached worker program, and the balance for acquisition of public safety equipment authorized from revenue sharing in the 1974 budget. Departmental Item: Engineering Re: Authorization to construct Walls in Coniunction with 74 -CW -1: MOVED by Bix, seconded by Anderson, carried to authorize a contract for re- taining walls along new sidewalk construction at $5.00/ square foot, with Henry Valiukas. Departmental Item: Engineering Re: Minnesota Hwy. Dept. - Approval of Pedestrian Bridge SuvDlemental,ARreement: MOVED by Anderson, seconded by Bix, carried to apss the following resolution: RESOLUTION NO. (Authorizing the Mayor and Village Manager to Sign Supplemental Agreement on T.H. #12 Pedestrian Bridge) Planning Commission Minutes - June 10, 1974: MOVED by Anderson, seconded by Moberg, carried to receive and file the Planning Commission minutes of June 10, 1974. 130 Regular Meeting of the Village Council June 17, 1974 Call Public Hearing July 17, 1974 - Residential & Institutional Northwest Corner• MOVED by Anderson, seconded by Moberg, carried to call a public hearing for Residential and Institutional zoning in the Northwest corner of the City. Park and Recreation Commission Minutes - May 30, 1974: MOVED by Anderson, seconded by Bix, carried to receive and file the Park and Recreation Commission minutes of May 30, 1974. Bills & Claims: MOVED by Anderson, seconded by Moberg, carried to approve the bills as submitted on the prelist. Bills & Claims: Duane R. Dufalt Re: Auto Accident - Duluth St. near Douglas Dr.: MOVED by Anderson, seconded by Moberg, carried to receive and file the claim from Duane R. Dufalt Re: Auto accident - Duluth St. near Douglas Drive. Bills & Claims: Temporary Restraining Order - City of New Hope: MOVED by Anderson, seconded by Moberg, carried to receive and file the temporary restraining order — City of New Hope. MOVED by Anderson seconded by Moberg, carried to adjourn the meeting at 2:00 A.M. Attest: &w � Acting Village Cler 1 t Mfiyoi 1