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10-04-66 City Council Minutes1 1 REGULAR MEETING of the VILLAGE COUNCIL October 4, 1966 Pursuant to due call and notice thereof, the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on October t,, 1966, at 8:00 P. M. The following members were present: Flannagan, Garis, Nadasdy, Stockman, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Clerk, Helen Penniman; Village Engineer, Donald Sorensen. Invocation: Rev. L. Henry Nielsen, Calvary Lutheran Church. Minutes of September 6th and September 20, 1966: MOVED by Flannagan seconded by Garis carried to approve the minutes of September 6, 1966 and September 20, 1966, as submitted to Council. Award of Senior Residential Appraiser Certificate - Robert N. Burns: Mayor Nadasdy presented the Certificate of Senior Residential Appraiser to Robert N. Burns, Village Assessor, and noted that only four other municipal assessors in Minnesota have earned this honor. Mr. Burns responded and thanked the Council for the opportunity to earn this award. Public Hearing - Assessments for Various Public Improvements - 1966: The Village Manager 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 opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: Lawrence Ellstrom 15 Meadow Lane North F. J. Sulzbach 9011 Medicine Lake Road Hans B. Garnes 6801 Knoll Street Sidney H. Anderson 1.33 Pennsylvania Avenue North Monica Feyen Lyle K. Larsen 1308 Independence Avenue North 830 Rhode Island Avenue South 175 176 Regular Meeting of the Village Council, October 4, 1966 Norman Anderson 6848 Knoll Street Lydia Falk 1365 Oak Grove Circle Jack Daley 6481 Westchester Circle Robert G. Loomis 6677 Olson Highway Oscar C. Holmer 1345 Adair Avenue North V. J. Chellsen 6510 Cortlawn Circle South Glen Brown 611 Sumter Avenue South After due consideration of questions and objections of the above referenced residents the Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS" The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 page2_/J,.- Public Hearing - Public Improvements (66 -BS -52 & 66 -CG -13): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (Proposed Bituminous Surfacing 66 -BS -52, and Proposed Concrete Curb and Gutter, 66 -CG -13) described in the resolution of this Council relating thereto, adopted on August 16, 1966. 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 except the following: OBJECTOR Lyle Larsen 830 Rhode Island Avenue South f* � Norman Pink, Representative for Heilicher Brothers 7600 Wayzata Boulevard The Mayor closed the public hearing. OBJECTIONS Mr. Larsen stated he did not receive a notice for his service station property. REASON In favor of improvement. 1 1 Regular Meeting of the Village Council, October 4, 1966 Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Bituminous Surfacing - 66 -BS -52 & Proposed Concrete Curb & Gutter - 66 -CG -13) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 6-/ . Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS" (Proposed Concrete Curb and Gutter - 66 -CG -13) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS" (Proposed Bituminous Surfacing - 66 -BS -52) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 (66 -BS -47,50 & 66 -CG -11): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (Proposed Bituminous Surfacing - 66 -BS -47, 66 -BS -50) and (Proposed Concrete Curb & Gutter - 66 -CG -11) described in the resolution of this Council relating thereto, adopted on September 6, 1966. Said affidavit was then examin- ed] 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 present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: Regular Meeting of the Village Council, October 4, 1966 OBJECTOR Norbert Friedmann 1121 Welcome Circle Philip E. Whiteside 1125 Welcome Circle PROPONENT Gary DeFrance, representing School Board The Mayor closed the public hearing. OBJECTION Asked what will happen to the water that drains off from this area. Water drains into the lot behind home now. REASON Petitioned for the improvement to school driveway apron. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Bituminous Surfacing - 66 -BS -475 66 -BS -50 & Proposed Concrete Curb and Gutter 66 -CG -11) The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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�"�' Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING WORK DONE BY DAY LABOR" (Proposed Bituminous Surfacing - 66 -BS -47 and 66 -BS -50) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 0 Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHAGES PRUSUANT TO MINNESOTA STATUTES 429.041, SUBD. 7" (Proposed Concret Curb and Gutter 66 -CG -11) 1 1 7 Regular Meeting of the Village Council, October 4, 1966 The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 page36-7y Public Hearing - Public Improvements (66 -SS -5): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (Proposed Storm Sewer - 66 -SS -5) described in the resolution of this Council relating thereto, adopted on September 6, 1966. 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 except the following: OBJECTOR OBJECTION Mr. Dave M. Wetterlind Asked what the cost would be, and stated 1030 Rhode Island Avenue South he didn't need a storm sewer, also that residents should not pay on the same basis as industry. Mr. Lyle Larsen Objected to a storm sewer. 830 Rhode Island Avenue South The Village Manager informed the Council that the Water & Drainage Committee will consider the assessment rate for residential storm sewers and make a recommendation to Council. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 66 -SS -5) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Gar -is, Nadasdy, Stockman, and Teresi; 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 1 179 180 Regular Meeting of the Village Council, October 4, 1966 Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS:" (Proposed Storm Sewer - 66 -SS -5) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 3.5-5? . Feinberg Odor Complaint: The Village Manager reported on the progress since the last Council meeting. Mr. Charles Schneider, Village Sanitarian, reported on complaints regarding Feinberg odor that were received on September 22nd, 23rd and October 3rd. Residents present who complained of odors at various times since the last Council meeting were as follows: Mr. Philip Whiteside, Mrs. Ewing, Mrs. Kloustad, Mrs. R. Allanson, Mrs. D.F. Casperson, Mr.Charles S. Lazer, Mr. Dean K. Knutson. Mr. Michael Swirnoff, Attorney for Feinberg's, stated that they are amazed that there are any odors still remaining. The Mayor recommended an outside, independent source be called in for consultation, and requested a record be kept of the times when odors are noticeable. Mr. Garis recommended consulting the American Society of Mechanical Engineers for an engineer on air polution control. MOVED by Flannagan seconded by Garis carried to defer the matter for two weeks, and receive complaint calls at Feinberg's and the Village from residents. The staff will investigate qualified experts and report to Council on October 18, 1966. Complaint re: Nursery School - 244 Janalyn Circle: The Village Manager reported on the residence at 244 Janalyn Circle which is being used for a nursery school by Mrs. P. L. Johnson. Mrs. M. E. Bowman, 240 Janalyn Circle, asked what is the position as far as this nursery school is concerned. They should have proper premises for the school. Council requested the Village Manager to notify Mrs. Johnson at 244 Janalyn Circle to cease and desist the non -conforming operation which is causing a hardship, to relocate and restore the property to a residential state. Regular Meeting of the Village Council, October 4, 1966 MOVED by Teresi seconded by Stockman carried to direct the Village Manager to inform Mrs. Johnson that there is a violation and steps must be taken to correct the same within a reasonable time. Request for Building Permit - 2445 Nevada Avenue North, Jacobson Machine, Inc.: The Village Manager presented the plans for a proposed office and warehouse for Jacobson Machine, Inc. at 2445 Nevada Avenue North, with brick on the office portion of the building and decorative type block on the warehouse. MOVED by Flannagan seconded by Garis carried to grant preliminary approval of the plans and request that final plans be submitted for approval. Request for Building Permit - 1900 Douglas Drive, Pure Oil Company (Remodeling): The Village Manager presented the plans for remodeling the Pure Oil Service Station at 1900 Douglas Drive. The Zoning Board of Appeals reviewed the proposed plans and approved same. (see minutes of 9-13-66). Mr. Russell Lips, Area Manager and Bert Newman, Engineer, were present to answer questions for Council. There will be only one sign after remodeling is complete. MOVED by Teresi seconded by Garis carried to approve the plans for remodeling the Pure Oil Station at 1900 Douglas Drive, subject to the approval of the Building Inspector. Request for Preliminary Approval of Plans - Sun Ray Electric Corporation: Mr. Robert Krause presented preliminary plans for Sun Ray Electric Corporation in the Advertising Creative Center. Council took no action on the matter. Request for Waiver of Platting - 7500 Olson Highway, Skyline Builders: The proponents presented a proposed plat and requested a waiver of platting requirements. MOVED by Flannagan seconded by Garis carried to approve the request to waiver platting requirements, subject to posting a landscaping bond. Second Reading of Ordinance - Park, Storing, Racing Cars, Stock Cars, Junk Cars, Busses, Motor Trucks, Tractorsl or Commercial Vehicles & Equipment: MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: Regular Meeting of the Village Council, October 4, 1966 "AN ORDINANCE AMENDING THE VILLAGE CODE" (Regulating the Operating, Parking, Storing, Repairing, Servicing and Maintaining of Racing Cars, Stock Cars, Junk Cars, Busses, Motor Trucks, Tractors or Commercial Vehicles and Equipment) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page_. Re: Street Grade --6801 Knoll Street: All present agreed to add the above matter to the agenda. Mr. Hans B. Garnes, 6801 Knoll Street, requested that the street grade be changed to the alleged grade before street improvement. MOVED by Garis seconded by Flannagan carried to continue with the items on the agenda. Award of Bids - Western Avenue (66 -CG -12, 66 -BS -51, 66 -ss -4): - The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Engineer, Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A. M. on September 30, 1966, and have then and there publicly opened and read the bids received. The Engineer tabulated said bids and they were found to be as follows: BIDDER TOTAL BID Blacktop Service $27,144.10 Dunkley Surfacing Company 27,201.10 Bury & Carlson 27,496.75 The Village Engineer recommended the bid be awarded to the lowest responsible bidder, Blacktop Service, in the amount of $27,144.10. MOVED by Stockman seconded by Garis carried to award the bid to the low bidder, Blacktop Service, in the amount of $27,1141.10, upon recommendation of the Village Engineer. Approval of Final Plat - Heathbrooke Addition: The Village Manager stated that all the platting requirements have been complied with by the developer of Heathbrooke Addition. MOVED by Flannagan seconded by Garis carried to give a final approval to the plat of Heathbrooke Addition, upon recommendation of the Planning Commission and the Village Engineer. 183 Regular Meeting of the Village Council, October 1, 1966 Appointment of Auditors for 1966: MOVED by Stockman seconded by Flannagan carried to appoint the George M. Hansen Company to audit the Village records for the year 1966. Resolution Adopting the 1967 Budget: Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 1967 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1966" The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy,Stockman, and Teresi; 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 paged O . Resolution Authorizing Cancellation of 1966 Levy for $825,000 of 1959 Bonds: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1964 LEVY FOR $825,000 IMPROVEMENT BONDS OF 1959" The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan, and upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 36 / Resolution Authorizing the Cancellation of 1966 Levy for $2,600,000 of 1962 Bonds: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1964 LEVY FOR $2,600,000 IMPROVEMENT BONDS FOR 1962tt The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi: 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 Resoltuions Book page_ = Regular Meeting of the Village Council, October 4, 1966 Resolution Authorizing Cancellation of 1966 Levy for $2L975,000 Bonds of 1963: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1966 LEVY FOR $2,975,000 IMPROVEMENT BONDS OF 1963" The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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. Resolution Autho Cancellation of for $211000 Fire Station Bonds Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1966 LEVY FOR $21,000 FIRE STATION BONDS OF 19481' The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan, and upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 6 1�- . Certification of Delinquent Utility Bills: The Village Manager presented a copy of the assessment and levy roll of delinquent utility charges due and payable in 1966. MOVED by Flannagan seconded by Stockman carried to approve the Certificate as to Delinquent Utility Service Charges for 1966 and Assessments therefor. Waiver of Public Hearing - Sanitary Sewer (66 -LF -21): Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (66 -LF -21) 1 1 Regular Meeting of the Village Council, October 4, 1966 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 paged �. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 429.041, SUBD. 7" (Proposed Sanitary Sewer - 66 -LF -21) The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Stockman, and Teresi; 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 �,1. First Reading - Ordinance Establishing a Public Works Reserve Fund: Council deferred the above matter to the meeting of October 18, 1966. Christmas Tree License: MOVED by Flannagan seconded by Stockman carried to approve the license as follows: No. Licensee Type Fee 3978 Midland Dairy Queen Christmas Tree $ 50.00 Bills: MOVED by Stockman seconded by Garis carried to approve the bills as submitted on the prelist. MOVED by Flannagan seconded by Stockman Attest: Village Clerk carried to djourn the meeting at 1:20 A.M. Mayor r.�