11-04-74 City Council MeetingREGULAR MEETING
of the
VILLAGE COUNCIL
NOVEMBER 4, 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 November 4, 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; Village Clerk, Helen Penniman; Direct-
or of Planning & Inspections, Jon Westlake; Village Assessor, Jim Ingemunson.
Minutes of October 21, 1974:
On page 4, re: Recycling Station, Wallace Klovstad is Chairman of the Environ-
mental Committee.
MOVED by Moberg seconded by Hoover carried to approve the minutes of November
4, 1974, as corrected.
MOVED by Bix seconded by Anderson carried to congratulate our Mayor Robert Riggs
for seeking the office of third District Congressman and wishing him luck in his
race tomorrow for Congress.
Public Hearing - Street Vacation - Portion of 8th Avenue North:
The 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.
The Mayor then announced that the meeting was open for public hearing on said
proposed street vacation and all persons present to do so were afforded opport-
unity to express their views thereon.
Mr. Lester F. Johnson, 625 Meadow Lane North, opposed the vacation of the alley
on 8th Avenue North, wants it to remain as it is now.
MOVED by Moberg seconded by Bix carried to defer consideration of the matter to
the Council Meeting on November 18, 1974.
Public Hearing - Public Improvement, 75 -SI -1 (Boone Ave. So. & T.H. #12):
The Village Clerk presented an affidavit showing publication in the official
newspaper of the Notice of Public Hearing on certain proposed Public Improve-
ments - 75 -SI -1 described in the resolution of this Council relating thereto,
adopted on October 7, 1974. Said affidavit was then examined, approved and
ordered filed in the office of the Village Clerk.
The Mayor announced that the meeting was open for public hearing on said pro-
posed public improvements, and all persons present to do so were afforded
opportunity to express their views thereon. No persons presented objections.
Regular Meeting of the Village Council, November 4, 1974
Member Bix introduced the following resolution and MOVED its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
75 -SI -1
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 3&!j
Member Bix introduced the following resolution and MOVED its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
75 -SI -1
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: 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 -3(,
Ewald Dairy re: Parking Lot:
The Village Manager reviewed the history of the Ewald Dairy use of a lot in
Golden Valley.
Mr. Hasp of Ewald Dairy and Phillip Bolter, Attorney for Ewald Dairy, report -
on their lot southwest of the dairy in Golden Valley. Minneapolis granted
three certificates of use for their property located in Minneapolis. The
dairy is seeking a new location in a Minneapolis Industrial Park, and request-
ed deferment of action at this time.
Mr. Erickson, 1812 York Avenue, stated the lot in Golden Valley was originally
used --for employee parking. Trucks are moved in and out at all hours of the
day and night, deteriorating the value of his property.
Mr. LeRoy Anderson, Chairman of Board of Zoning Appeals, reported on the
activity in the lot in Golden Valley, a non -conforming use which is being
expanded.
Mr.
Anthony Critelli, 3009
Golden Valley Road, read a letter dated July, 1973,
from the village regarding
violation of zoning ordinances. The noise shakes
the
house, semi -trucks are
used to move the trailers. Mr. Critelli questioned
the
assessment un the lot,
and stated the lot was not graded in 1948.
Mr.
Hasp responded that a
1940 aerial showed a large parking lot.
Mr.
Critelli said the lot
is used as a truck terminal and should not be allow-
ed
in a residential area.
44 J �
Regular Meeting of the Village Council, November 4, 1974
The Mayor closed the public hearing.
MOVED by Bix seconded by Anderson carried to instruct the Village Attorney
to take legal action to prevent use of the lot except conforming to legal
use and report in thirty days to Council.
Petition for Reconsideration of RSL -58:
Mr. Gordon Volkenant, 4601 Roanoke Road, presented the petition for Council
reconsideration of October 21, 1974, decision to install seven street lights
in Glendale Addition.
Mrs. Lawrence Carlson, 131 Burntside Drive, the original petitioner for lights
spoke in favor of installation of lights.
Mr. Donald Palmer, 200 Natchez Avenue, stated he would like modern lights in-
stead of those proposed.
Mr. Carlson, 131 Burntside Drive, asked the cost of ornamental lights.
The Village Engineer reviewed various types of installation, their installation
cost and annual cost per home, for maintenance.
Mrs. O.J. Baggenstoss, 4615 Roanoke Road, opposed to overhead wires, but does
want lights.
The Mayor closed the public hearing.
MOVED by Bix seconded by Hoover carried to deny the request for reconsideration
of RSL -58. Moberg and Riggs voted "NO".
Church of St. Margaret Mary - Bingo Notice:
MOVED by Anderson seconded by Bix carried to receive and file the notice regard-
ing Bingo from St. Margaret Mary Church.
License List:
MOVED by Bix seconded by Hoover carried to approve the license list as follows:
No.
Licensee
Type
Fee
3122
Nisgood Company
Garbage
$26.00
3123
Golden Valley Scouts #170
Solicit
Exempt
3124
Tita Svea
Solicit
Exempt
3125
Pat Papenfuss-General Mills
Itinerant Food
Exempt
3126
Valley Texaco 6980 Wayzata Blvd.
Vending NP
5.00
3127
Big B's Pizza
Malt "On -Sale"
250.00
3128
K F C Operating Co. of Minn.
Food Vehicles
40.00
3129
VOID
Metro
Sewer Plans for Approval - New Hope
Interceptors:
Mr. LeRoy Nyhus of Orr-Schelen Engineering
Company presented for
Metro sewer
Regular Meeting of the Village Council, November 4, 1974
plans for the New Hope Interceptor force main on Pennsylvania Avenue through
Golden Valley. Alternate routes and costs were reviewed, local funds to be
used for construction.
Mr. Richard R. Benson, 7504 Plymouth Avenue North, said the easement for con-
struction would be four feet from his steps to the house.
Mr. Sam T. Courey, 1551 Pennsylvania Avenue North, read a written communica-
tion opposing the proposed New Hope Interceptor.
Mrs. Levine, 7035 Olympia Street, stated they have had water in their base-
ment, in favor of the sewer construction, something needs to be done.
Mr. Sheldon Bernstein, 1621 Pennsylvania Avenue North, concerned over person-
al hazzards. Residents had no in -put into the plan. Mr. Bernstein presented
a petition against the proposed route and requested Council to reject the pro-
posal. Gas mains are greatest hazzard in the project, human factor must be
considered.
Mr. Alan Senander, 1209 Pennsylvania Avenue North, asked if the railroad route
was given as much consideration as the Pennsylvania Avenue route, considering
money at the expense of the property owners along the route. Concerned for
safety of children, a school and bus route is along the Pennsylvania route.
Mr. Richard R. Benson, 7504 Plymouth Avenue North, asked who will compensate
the neighbors for use of the easement, asked how much is the use of the
property worth.
Mr. Sam Huston, Orr-Schelen Engineering Company, responded that the easements
were temporary and either just compensation or condemnation would be taken
care of by the Metro Sewer Board.
Mr. R. Schmalz, 1440 Louisiana Avenue, questioned the length of time to get
all the easements.
Mr. R. J. Reierson, 1101 Pennsylvania Avenue North, asked why the proposed
construction was planned for the west side of the street instead of the east
side.
Mr. Everett Frandsen, 855 Pennsylvania Avenue North, suggested alternate
routes be considered, there was no consideration given to residents by the
Metro Sewer Board plan, citizens were by-passed.
The Mayor closed the Public Hearing.
MOVED by Bix seconded by Moberg carried to refer the proposed New Hope Inter-
ceptor to the Metro Sewer Board for the following:
t. Environmental Impact Statement.
2. Alternate routes, the effect on health of the village.
3. Effect on children, schools, and school bus route.
Notify residents when the Environmental Impact Statement is received.
z14
Regular Meeting of the Village Council, November 4, 1974
Klaus Forester , Metro Sewer Board, stated they are working on the Impact
Statement now. Other routes will take time to research. The Impact State-
ment will be ready within a month.
Resolution Authorizing Purchase of Parcel, Earl Wilson Property, Yale Garden
Homes Addition:
Member Hoover introduced the following resolution and MOVED its adoption:
RESOLUTION
(Authorizing Acquisition of Certain Property by
Purchase - Earl Wilson Property in Yale Garden
Homes Addition)
The motion for the adoption of the foregoing resolution was seconded by Mem-
ber Moberg, and upon vote being taken thereon, the following 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 attestdd by the Village
Clerk. See Resolutions Book page .70
Mr. Howard Wilcox, 3398 Scott Avenue North, requested a reply to his letter
of July, 1974.
MOVED by Bix seconded by Anderson carried to place this item on the agenda
for November 18, 1974.
Fill Permit y 5000 Glenwood Avenue, Earl Wilson:
The Director of Planning & Inspections presented the request for a Fill Per-
mit at 5000 Glenwood Avenue, with approval by the environmental Commission.
Mr. Earl Wilson, property owner, requested 90 days to complete the fill.
MOVED by Hoover seconded by Anderson carried to approve the fill permit sub-
ject to the Engineering Department stipulations and allow 120 days for com-
pletion. Council requested the adjacent residential property owner to be
notified regarding the fill permit.
W41ver of Platting_ Ordinance - 2120 Winnetka Avenue No. & 7840 Winnetka Heiehts
Drive:
The Director of Planning & Inspections presented the request for waiver of Plat-
ting Ordinance, subject to extending residential zoning to the north of the
property.
MOVED by Anderson seconded by Moberg caaried to approve the Waiver of Platting
Ordinance, subject to Planning Commission requirements and consent of the prop-
erty owner to rezone the area to the north to residential. The request is for
the Waiver of the Platting Ordinance of the following property.
PARCEL 1 - 7840 Winnetka Heights Drive:
Lot 2, Block 1, TYREE ADDITION except the North 10 feet thereof as measured on
the West and East lines of said Lot 2, Hennepin County, Minnesota.
21 r,.
Regular Meeting of the Village Council, November 4, 1974
PARCEL 2 - 2122 Winnetka Avenue North:
The North 10 feet of Lot 2, Block 1, Tyree Addition, Hennepin County, Minn-
esota as measured along the West and East lines of said Lot 2, the South
90.0 feet of Lot 1, Block 1 in said Tryee Addition as measured along the
West and East lines of said Lot 1, also that part of Outlot 1 in said Tyree
Addition lying South of the North line of the above described 90.0 feet of
Lot 1, Block 1 extended Easterly and lying West of a line drawn parallel
with 308 feet East of the West line of the Southwest 1/4 of the Northwest
1/4 of Section 29, Township 118, Range 21, Hennepin County, Minnesota.
PARCEL 3 - 2200 Winnetka Avenue North:
The West 308 feet of the North 1/4 of the Southwest 1/4 of the Northwest
1/4 of Section 29, Township 118, Range 21, except the West 33 feet there-
of, subject to an easement for street over the North 33 feet thereof as
shown in Deed Doc. No. 954734, files of the Register of Titles, and that
part of Lot 1, Block 1, Tyree Addition, Hennepin County, Minnesota lying
Northerly of the South 90.0 feet of said Lot 1, as measured along the West
and East lines thereof; also that part of Outlot 1, in said Tyree Addition
lying North of said Lot 1, Block 1 and North of the Easterly extension of
the above described South 90.0 feet of Lot 1, Block 1, Tyree Addition and
West of_a line drawn parallel to and distant 308 feet East of the West
line of said Southwest 1/4 of the Northwest 1/4.
NOTE: Legal description to be checked with Hennepin County Registrar of
Titles Office prior to conveying title.
MOVED by Hoover seconded by Anderson carried to call a Public Hearing to
zone all the property (Star of Bethlehem, Dover Hill & Ponding Area) to
Residential Zone on December 16, 1974.
Special Use Permit - Arthur Treacher's Fish & Chips. 2520 Winnetka Avenue No:
The Director of Planning & Inspections presented the Planning Commission re-
commendation to approve the Special Use Permit for Arthur Treacher's Fish &
Chips at 2520 Winnetka Avenue North.
MOVED by Moberg seconded by Hoover carried to approve the Special Use Permit
for Arthur Treacher's at 2520 Winnetka Avenue North and include Rhode Island
exit when necessary in the permit.
Report From Planning Commission - Land East of Point Supper Club Property:
Mr. Ron Edstrom, Chairman of the Planning Commission, presented Planning
Commission recommendation to approve Rhode Island as a through street as
part of the ring road system. The matter will be discussed further at the
joint meeting of the Council and Planning Commission on November 25, 1974.
MOVED by Anderson seconded by Bix carried that at the meeting with the Plan-
ning Commission on November 25, 1974, to set procedures and criteria includ-
ing potential land use in the area.
. j.SI
3b
Regular Meeting of the Village Council, November 4, 1974
Resolution Approving Final Plat & Final Permit - PUD #13 (King's Vallev):
Member Hoover introduced the following resolution and MOVED its adoption:
RESOLUTION
(Acceptance of Plat and Approval of
Land --Cheyenne Land Company --
Planned Unit Development Number 13)
The motion for the adoption of the foregoing resolution was seconded by
Member Anderson, and upon vote being taken thereon the following voted in
favor thereof: Anderson, Hoover, Moberg, and Riggs; and the following voted
against the same: Bix abstained, 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 31A
City Clerk was excused from the Council meeting at 11:55 P.M., as she had
election responsibilities the next day. The following notes are the balance
of the Council meeting, taken by Barkley G. Omans, City Manager:
8-A: Hennepin County - Winnetka Avenue & T H. #55, Right Turn Lane:
Motion by Bix seconded by Moberg to approve the County proposed plan for a
right turn lane at the southwest corner of Winnetka and Highway 55.
Motion by Hoover to amend the motion to require elimination of the drive
outlet across the turn lane. No second being received, the amendment failed.
Upon vote upon the original motion, it carried with Hoover voting "nay".
Councilman Moberg brought up the matter of complaints from the Golden Valley
Shopping Center that people were dumping refuse. Motion by Moberg seconded
by Hoover carried to put up a "No Dumping" sign on the Shopping center where
the old Salvation Army boxes were located.
8-D-1: Open Space Designation Map:
Kathryn Hakala and Paul St. Marie reported on behalf of the Open Space Commit-
tee that a map has been made of areas on which they wish to be notified of any
changes. Motion by Moberg seconded by Bix carried to accept the report and
request that staff notify the chairman of the Open Space Committee, Kathryn
Hakala, of any building permit, development, fill permit, rezoning or plat
waiver application coming up on the properties as indicated on the map.
7-B-2: Co. Rd. #66 & Byerlv's Traffic Study, Barton-Aschman & Assoc.:
Mr. appeared as a representative of Barton-Aschman, Inc., to dis-
cuss their traffic report and proposals for County Road 66 and the Byerly
Shopping area. Motion by Bix seconded by Anderson carried to receive and
file the report and request the Engineer to discuss the proposals with
Hennepin County and affected properties with a view to having the proposals
on the Council agenda for the first meeting in February.
7-B-5: Ad for Bids - Trail on Golden Valley Road:
2 17 -
Regular Meeting of the Village Council, November 4, 1974
Motion by Bix seconded by Hoover carried that the Engineer advertise for bids
for construction of a trail on the south side of Golden Valley Road from
Scheid Park east to the village limits.
4-B: Federal Fair Labor Standards Act Litigation - LMM:
Motion by Moberg seconded by Anderson that One Hundred Dollars ($100) be trans-
ferred from Contingent to the 1974 Legal Budget and that a check for $100 be
drawn to the League of Minnesota Municipalities for participation in the liti-
gation on the Federal Fair Labor Standards Act through the National League of
Cities.
4-D: City of St. Paul re: Joining in Rate Case:
Motion by Anderson seconded by Moberg carried that the Manager notify the
City of St. Paul that if Golden Valley participates in the Northern States
Power Rate case, it would probably be in conjunction with the Suburban Rate
Authority.
6-A: Award of Bids - Two Dump Bodies & Hydraulic Systems, 10/31/74:
In response to formal advertisement, sealed bids were received at 11A.M.,
10/31/74, on two Dump Bodies, as follows:
Garwood Twin Cities $7,805.28
Charles Olson & Sons 7,350.00
Minutes taken by BGO - 11/4/74
The Manager recommended acceptance of the low bid, Charles Olson & Sons at
$7,350.00; payment to be made from the 1975 budget.
MOVED by Bix seconded by Hoover carried to award the bid to the low bidder,
Charles Olson & Sons in the amount of $7,350.00.
6-B: Resolution re: Condemnation of 23rd Ave. N/Rhode Island Right-of-Wav:
Member Anderson introduced the following resolution and MOVED its adoption:
RESOLUTION
(Authorizing the Acquisition by Purchase or Condemnation
(Part of the Northwest Quarter of the Northwest Quarter
Section 29, Township 118, Range 21)
The motion for the adoption of the foregoing resolution was seconded by
Hoover, and upon vote being taken thereon the following voted in favor there-
of: Anderson, Bix, Hoover, Moberg, and Riggs; and the following voted again-
st the same: None, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the Village Clerk.
See Resolutions Book page 3 721
Regular Meeting of the Village Council, November 4, 1974
Pump Quotations for Brookview Golf Course:
The Manager reported that the pump and motor had burned out on the Brook -
view Golf Course water system and a replacement would be necessary. Written
quotations had been received as follows:
Goodin Company $1,005.00
PFC Equipment Company 1,468.00
Fadden Pump Company 1,623.00
The Manager recommended purchase from the low bidder, Goodin Company. Motion
by Hoover, seconded by Bix carried that purchase be authorized from the low
bidder, Goodin Company, at $1,005.00.
The Manager reported that Westwood Properties had relocated their drainage
catch basin off the property under condemnation by St. Louis Park, that this
had been approved by Bassett's Creek Flood Control Commission which now
cleared the building permit of United Properties for issuance.
7-A-1: Waiver of Platting Ordinance, 4400 & 4420 Golden Vallev Road:
Motion by Anderson seconded by Moberg carried to approve waiver of Platting
Ordinance. The request is for Waiver of Platting Ordinance of the follow-
ing property:
4400 Golden Valley Road:
Lot 5, Block 1, Thomson's Bassett's Creek Addition, Hennepin County, Minn-
esota except that part thereof lying West of a line, and its northerly exten-
sion, 10 feet east of, measured at right angles to and parallel with the most
westerly line of said Lot 5, said West line of said Lot 5 having a length of
446.01 feet. The northerly line of said above described exception being the
most southerly line of Lot 3, said Block 1.
4420 Golden Valley Road:
Lot 4; that part of Lot 5, lying West of a line, and its northerly extension,
10 feet east of, measured at right angles to, and parallel with the most west-
erly line of said Lot 5, said West line of said Lot 5 having a length of
446.01 feet. The northerly line of said part of Lot 5 being the most south-
erly line of Lot 3, all in Block 1, Thomson's Bassett's Creek Addition, Henn-
epin County, Minnesota.
7-B-3: Request Public Hearing, 74 -SC -2, Flag Avenue (12-2-74):
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
74 -SC -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
c:at
Regular Meeting of the Village Council, November 4, 1974
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 -5l
7-B-4• Request Public Hearing RSL -60, Unity & Topel (12-2-74):
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL -60
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, 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 attest-
ed by the Village Clerk. See Resolutions Book page -3,7k_-
8-B:
7k
8 -B: Human Rights Commission Minutes - Oct. 10, 1974:
Motion by Moberg seconded by Anderson carried to receive and file the Human
Rights Commission minutes of October 10, 1974.
8-C: Planning Commission Minutes - Oct. 28, 1974:
Motion by Anderson seconded by Bix carried to receive and file the Planning
Commission minutes of October 28, 1974.
8-D• Park & Recreation Commission Minutes - Oct. 31, 1974:
Motion by Hoover seconded by Moberg carried to receive and file the Park and
Recreation minutes of October 31, 1974.
op intment to Transportation Options Commission:
Motion by Anderson seconded by Bix carried to appoint Mr. Robert Wagman,
2243 Noble Avenue, to the Transportation Options Commission.
9: Bills & Claims:
Motion by Bix seconded by Anderson carried to approve the bills as submitted
an the prelist.
MOVED by Bix seconded by Hoover carried to adjourn the meeting at 1:00 A. M.
M or
Attest:
Village Clerk