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01-16-68 City Council Minutes6 REGULAR MEETING of the VILLAGE COUNCIL January 16, 1968 Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on January 16, 19689 at 7:30 o'clock P. M. The following members were present: Bies, Carlson, Garis, Stockman, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Finance Officer, John Murphy; Village Planner, Otto Schmid; President of the Planning Commission, Paul Senstad. Minutes of Janua 22 1968• MOVED by Garis seconded by Stockman carried to approve the minutes of January 2, 1968, as submitted to Council. Award of Bid - Watermain (68-WM-5): The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Manager, and Village Engineer met at the Civic Center at 7800 Golden Valley Road at 11: A.M. on Monday, January 15, 1968, and have then and there publicly opened and read the bids received. The Village Engineer tabulated the bids and they were found to be as follows: Bidder Total Bid Nodland Associates, Inc. $29,500.00 Barbarossa & Sons 30,325.00 Northern Contracting 36,492.50 F. D. Chapman 26,575.00 The Village Engineer recommended that the contract be awarded to the low bidder, Nodland Associates, Inc., in the amount of $29,500.00 MOVED by Bies seconded by Carlson carried to award the bid to the low bidder, Nodland Associates, Inc., in the amount of $29,500.00 upon recommendation of the Village Engineer. 1 1 i Regular Meeting of the Village Council, January 16, 1968 Award of Bid - Sewer Repair (68 -SR -1 & 2): The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Manager, and Village Engineer met at the Civic Center at 7800 Golden Valley Road at 11:00 A. M. on Monday, January 15, 1968, and have then and there publicly opened and read the bids received. The Village Engineer tabulated the bids and they were found to be as follows: Bidder Total Bid Barbarossa & Sons $23,230.20 Nodland Associates, Inc. 27,239.00 Northern Contracting 36,804.00 F. D. Chapman 50,277.80 The Village Engineer recommended that the contract be awarded to the low bidder Barbarossa & Sons, Inc., in the amount of $23,230.20 MOVED by Stockman seconded by Bies carried to award the bid to the low bidder, Barbarossa & Sons, Inc., in the amount of $23,230.20, upon recommendation of the Village Engineer. Award of Bid - Tractor Loader: The Village Manager presented the affidavit of publication in the official newspaper. Sealed bids were received and the Village Clerk, Finance Officer, and Recreation Director met at the Civic Center at 7800 Golden Valley Road at 11:00 A.M. on Friday, January 12, 1968, and have then and there publicly opened and read the bids received. The Director of Parks and Recreation tabulated the bids and they were found to be as follows: Bidder Allis-Chalmers International Harvester Co. Hall Equipment Company Model Total Bid I -boo $5,395.00 International 3514 6,623.00 International 3514 6,649.95 The Village Manager stated that the bids exceeded the amount budgeted and recommended that the bids be rejected and the village readvertise for bids. MOVED by Stockman seconded by Garis tarried to reject the above referenced bids and readvertise for bids on February 20, 1968, upon recommendation of the Village Manager and Director of Parks & Recreation. D 8 Regular Meeting of the Village Council, January 16, 1968 Continued Public Hearing - Industrial Zoning District (Regulati ts): The Village Manager announced that this was a continued public hearing from the meeting of January 2, 1968. The Village Manager presented an 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. No persons presented objections except the following: OBJECTOR OBJECTION None None The Mayor closed the public hearing. Mr. Paul Senstad, President of the Planning Commission, presented the recommendation of the Planning Commission to approve the proposed change in zoning. (see minutes of 11-16-67). MOVED by Garis seconded by Bies to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Industrial Zoning District regulating Building Heights Other Than Water Tanks & Water Tank Towers) Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Stockman YES Carlson YES Teresi YES Garis YES The Mayor declared the motion carried. MOVED by Carlson seconded by Stockman carried to approve the ordinance herein quoted by title on its first reading. Public Hearing - Amending Zoning Code, Section 14.08 (Organization of Board of Appeals): The Village Manager presented an 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. 1 1 1 0 Regular Meeting of the Village Council, January 16, 1968 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. No persons presented objections except the following: OBJECTOR OBJECTION None None The Mayor closed the public hearing. Mr. Paul Senstad, President of the Planning Commission, presented the recommendation of the Planning Commission to approve the proposed change in zoning. (see minutes of 1-11-1968). MOVED by Garis seconded by Bies carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Board of Zoning Appeals) MOVED by Carlson seconded by Stockman carried to approve the ordinance herein quoted by title on its first":reading. The Village Manager stated there was an urgency and an emergency existing to establish the Board of Zoning Appeals before February. MOVED by Bies seconded by Carlson carried to give a second reading to an ordinance herein quoted by title on its second reading and to order public- ation thereof. See Ordinance Book page Public Hearing - Amending Zoning Code, Section 5.05 (Commercial District): The Village Manager presented an 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 opport- unity to express their views thereon. No persons presented objections except the following: OBJECTOR OBJECTION None None The Mayor closed the public hearing. Mr. Otto Schmid, the Village Planner, explained that this was a correction of an error in publication. MOVED by Garis seconded by Stockman carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Commercial Zoning District) Regular Meeting of the Village Council, January 16, 1968 MOVED by Carlson seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. Public Hearing - Amending Zoning Code, Multiple Dwelling M-2 (Fred E Jones): The Village Manager presented an 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. No persons presented objections except the following: Objector OBJECTION Mr. Gary Bleum Mr. Bleum, represented the area residents, presented a petition opposing said zoning signed by 87 residents. Mr. Bleum stated that their homes would be devalued if apartments were built, And requested a buffer between Custom Tool and their property. Approximately 30 people were present opposing the proposed zoning. PROPONENT REASON Mr. Fred E. Jones, representing Mr. Jones stated that they the developers proposed a multiple dwelling M-2 with 24 or 25 units with garages under the building and some above ground. Mr. Jones stated he was not in agreement with the residents who recall the Public Hearing of Custom Tool. A Commitment was never made on this property. They have no time table for construct- ing at this time. The proposed elevation is the same as 23rd St. The Mayor closed the public hearing. Mr. Paul Senstad, President of the Planning Commission, presented the recommendation of the Planning Commission to approve the proposed zoning subject to two conditions regarding access on 23rd Street and street width. (see minutes of 11-16-1967). The Village Engineer reported the traffic count on Winnetka Avenue as 10,000 in 24 hours. 1 1 1 Regular Meeting of the Village Council, January 16, 1968 In view of the serious traffic situation, each Councilman expressed concern and agreement for denial of the proposed zoning to Multiple Dwelling M-2. MOVED by Stockman seconded by Bies to deny the request to zone the property at 23rd and Winnetka Avenue North to Multiple Dwelling M-2. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Carlson YES Garis YES Stockman YES Teresi YES The Mayor declared the motion carried and the request for rezoning denied. Public Hearing - Amending Zoning Code. Open Development. 831 Boone Ave. No. Frederick Busch: The Village Manager presented an 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. No persons presented objections except the following: OBJECTOR OBJECTION Mr. Robert Brenny, representing Mr. Brenny stated Premier Realty Premier Realty is willing to purchase the property if they could reach an agreement. PROPONENT Mr. Frederick Busch The Mayor closed the public hearing. REASON Mr. Busch stated that this is his home and he does not want indust- rial zoning,he wants industry to stay 75' away from his home. He stated he did not receive a notice of the zoning to Industrial. Mr. Paul Senstad, President of the Planning Commission, presented the recommendation of the Planning Commission to deny said zoning. (see minutes of 12-14-67). Council requested that property owners be notified by certified mail of proposed zonings, unless the property owner is the petitioner. MOVED by Carlson seconded by Garis to deny the request to zone 831 Boone Avenue North to Open Development District. 2 a Regular Meeting of the Village Council, January 16, 1968 Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Garis YES Carlson YES Stockman YES Teresi YES The Mayor declared the motion carried and the request for rezoning denied. Public Hearing - Amend inZoning Code,_Commercial District, T.H. #55 and Boone Avenue North (NE Corner) Henry Reiss: The Village Manager presented an 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. No persons presented objections except the following: OBJECTOR OBJECTION Mr. Steve Dahlsette Objected to the proposed zoning, 439 Decatur Avenue North the traffic is bad now, can't get onto T. H. #55. Mr. Clarence Sheedy Not in favor of the proposal. PROPONENT REASON Mr. Lance Nordquist, Proposed a service station to replace American Oil Company the station on Ensign Ave. & T.H. #55. Mr. Henry Reiss, Jr. Mr. Reiss stated they had not intentions 2200 Wisconsin Ave. North of moving their greenhouse at this time. The Mayor closed the public hearing. Mr. Paul Senstad, President of the Planning Commission, presented the recommendation of the Planning Commission to approve said zoning. (see minutes of 12-14-67). The Village Engineer read a letter dated January 16, 1968, from the State Highway Department regarding the proposed interchange at Boone Avenue and T. H. #55. Council agreed that they wished the Village Engineer to review the proposed interchange plans referred to in the letter from the Highway Department before acting on the proposed zoning. Regular Meeting of the Village Council, January 16, 1968 MOVED by Garis seconded by Stockman to continue the public hearing to April 16, 1968. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bies YES Carlson YES Teresi YES Garis YES Stockman YES The Mayor declared the motion carried and the public hearing continued to April 16, 1968. Second Reading - Ordinance Regulating Use & Operation of Snowmobiles: The Village Attorney reviewed the changes proposed to the ordinance after the first reading. Mr. Edward Elmer, Attorney representing North Central Marine Association and snowmobile industry appeared to request the Council to defer the second reading and wait for a uniform ordinance being prepared by the Minnesota League of Municipalities and the snowmobile industry. Mr. Elmer stated the proposed ordinance would be reading in approximately three weeks. Residents of the area requesting more hours for operation of snowmobiles and less restrictive regulations were: Robert A. Keller, 400 Westwood Drive South;;Mr.Brenna, 125 South T. H. #100; R. D. Swanstrom, 508 Natchez Avenue South; Harold E. Lynch, 825 Westwood Drive South; Chas. Brandborg, 1721 Quebec Avenue North; Lloyd C. Stoll, 1600 Rhode Island Avenue North. Council stated they were willing to wait and review the proposed uniform ordinance. MOVED by Stockman seconded by Carlson carried to defer the action on the snowmobile ordinance to February 7, 1968. Request for Building Permit - 7145 Sandburg Road, Harvel Machine: Mr. Robert Alm representing Harvey Machine presented exterior samples of scored textured blocks which they propose to paint. Two $5,000 landscaping bonds are on file. MOVED by Garis seconded by Stockman carried to approve the building permit using textured painted blocks with 16" blocks scored in the middle on the west and.south walls of the building at 7145 Sandburg Road for Harvey Machine, subject to the approval of the Building Inspector. Request for Building Permit - 6008 Wayzata Boulevard, Bury & Carlson, Inc.: Mr. Carlson of Burry & Carlson, Inc., 6008 Wayzata Boulevard appeared before Council to request`a building permit for an addition to the office area of 990 square feet, with the same exterior material as the present office. Regular Meeting of the Village Council, January 16, 1968 MOVED by Bies seconded by Garis carried to approve the request for a building permit for an addition to the office of Bury & Carlson, Inc., at 6008 Wayzata Boulevard, subject to the approval of the Building Inspector. Request for Building Permit - 1000 Zane Avenue, Kirsch Fabrics, Inc.: Mr. Bernard Herman, Architect for Kirsch Fabrics, Inc., presented a request for a building permit for an office and warehouse at 1000 Zane Avenue with approximately 12,000 sq. feet constructed of concrete masonry blocks. MOVED by Bies seconded by Stockman carried to defer action on the above referenced matter to the meeting to February 7, 1968. Request for Waiver of Platting Regulations - Lots 2, 10, Hipps Graceful Plaza Addition, Super Valu Stores, Inc.: The Village Manager read a recommendation dated January 12, 1968, from the Planning & Engineering Departments recommending the proposed division of land, Lots 2 & 10, Hipp's Graceful Plaza Addition. MOVED by Bies seconded by Stockman carried to approve the request for waiver of Platting Regulations for Lots 2 & 10, Hipp's Graceful Plaza Addition as follows: "Tract A & Tract B: Described as follows: Lot 2 & Lot 10, except that part of said Lot 10 lying South of a line drawn parallel to and 33 feet North of the South line of said Lot 10, all in Block 1, Hipp's Graceful Plaza Addition, Hennepin County, Minnesota." Subject to: 1. Submitting a copy of the easement agreement between the fee owners of Tract A and Tract B for the private storm sewer to the Village Engineer; 2. That the South 33 feet of Lot 10, Hipp's Graceful Plaza Addition be combined with lots 8 & 9, Hipp's, Graceful Plaza Addition. Mayor Teresi voted "NO" on the motion to approve. Designation of Official Depository: John Murphy, Finance Officer, was present tb answer questions for Council. MOVED by Stockman seconded by Bies carries to designate the Golden Valley State Bank as Official Depository and approve the securities as offered for the year 1968. 1 W *Sign installation to be by Minnesota Highway Department. MOVED by Stockman seconded by Carlson carried to approve the proposed signalized intersections as set forth in the letter of the Hennepin County Highway Department. Contract for Dog Control: The Village Manager presented cost estimates for dog control provided for by the Village as compared to the annual cost by the B & E Patrol. Council discussed the service and costs and suggested additional time be contracted for in the spring. MOVED by Stockman seconded by Carlson carried to approve the proposed contract with B & E Patrol for dog control for the year 1968. Settlement of Sanitary Sewer Deliauent Pavment by New Hone: All present agreed to add the above matter to the agenda. The Village Attorney presented the settlement amounts for the deliquent sanitary sewer payment owed by New Hope as follows: $8,500.00 to Golden Valley; $6,319.55 to City of Minneapolis, a total of $14,819.55• MOVED by Stockman seconded by Garis carried to approve the settlement of the New Hope deliquent sanitary sewer payment in the amount of $14,819.55 as submitted by the Village Attorney. Ford Condemnation Settlement: All present agreed to add the above matter to the agenda. The Village Attorney presented the settlement amount for the Ford Condemnation as follows: $31,740.00 Court award; $3,111.64 Interest; $300.00 Witness fees; a total of $35,151.64. Regular Meeting of the Village Council, January 16, 1968 Hennepin County Highway Department Signalized Intersection (Right Turn): - The Village Manager read a letter dated December 20, 1967, regarding right turns on red indications at signalized intersections by the Hennepin County Highway Department at the following locations: Intersedtion NB.' WB SB EB CSAH 70 & CSAH 156 X X X X CSAH 156 & 6th Ave. N. X X X X CSAH 66 & CSAH 102 X X X X CSAH 70 & CSAH 102 X *CSAH 156 & T.H. 55 *CSAH 102 & T.H. 55 *Sign installation to be by Minnesota Highway Department. MOVED by Stockman seconded by Carlson carried to approve the proposed signalized intersections as set forth in the letter of the Hennepin County Highway Department. Contract for Dog Control: The Village Manager presented cost estimates for dog control provided for by the Village as compared to the annual cost by the B & E Patrol. Council discussed the service and costs and suggested additional time be contracted for in the spring. MOVED by Stockman seconded by Carlson carried to approve the proposed contract with B & E Patrol for dog control for the year 1968. Settlement of Sanitary Sewer Deliauent Pavment by New Hone: All present agreed to add the above matter to the agenda. The Village Attorney presented the settlement amounts for the deliquent sanitary sewer payment owed by New Hope as follows: $8,500.00 to Golden Valley; $6,319.55 to City of Minneapolis, a total of $14,819.55• MOVED by Stockman seconded by Garis carried to approve the settlement of the New Hope deliquent sanitary sewer payment in the amount of $14,819.55 as submitted by the Village Attorney. Ford Condemnation Settlement: All present agreed to add the above matter to the agenda. The Village Attorney presented the settlement amount for the Ford Condemnation as follows: $31,740.00 Court award; $3,111.64 Interest; $300.00 Witness fees; a total of $35,151.64. 16 Regular Meeting of the Village Council, January 16, 1968 MOVED by Bies seconded by Garis carried to approve payment of the Ford Condemnation award in the amount of $35,151.6+, as submitted by the Village Attorney. Pearson Condemnation: All present agreed to add the above matter to the agenda. The Village Attorney presented the Pearson Condemnation in the amount of $13,500, and request approval to negotiate a settlement not to exceed $11,000. or appeal the settlement to the Supreme Court. MOVED by Carlson seconded by Bies carried to approve the request of the Village Attorney to negotiate a settlement not to exceed $11,000, or appeal the case to the Supreme Court. Ordinance Amending Section 220.00 Fire Department Ordinance: MOVED by Stockman seconded by Carlson carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Residency Requirements for Fire Department) MOVED by Stockman seconded by Carlson carried to approve the ordinance herein quoted by title on its first reading. Special Council Meetin MOVED by Bies seconded by Stockman carried to call a Special Council Meeting on February 7, 1968, in lieu of the Regular Meeting of Feb. 6, 1968. Appointments - Board of Zoning Appeals: MOVED by Garis seconded by Stockman carried to appoint the following citizens to the Board of Zoning Appeals for a one year term during the year 1968, as follows: Glenn Christiansen, Chairman LeRoy Anderson Lyle Jensen Wally Bruch Robert Hoover Alternate Member appointed to Board of Zoning Appeals: Donald Franzen Lowell SwBinson Mahlon Swedberg Appointments - Planning Commission: MOVED by Bies seconded by Carlson carried to defer appointments to the Planning Commission, pending interviews of candidates on Feb. 5, 1968. Regular Meeting of the Village Council, January 16, 1968 Licenses: MOVED by Stockman seconded by Bies carried to approve the licenses as follows: NO. LICENSEE TYPE FEE 4497 Pillsbury Building Cigarette $12.00 New 4498 Hopkins House, Golden Valley Tavern 350.00 4499 Golden Valley VFW #7051 Cigarette 12.00 4500 Don's Pure Oil Cigarette 12.00 $2.50 Pen. Communication - Report of Bassett's Creek Drainage Area Meeting: The Village Manager presented a report from the commities involved in Bassett's Creek Drainage Area meeting, dated January 11, 1968. The report also requested one councilman be appointed from each of the eight communities that are involved in the Bassett's Creek Drainage Area. MOVED by Bies seconded by Stockman carried to appoint Gordon 0. Garis to represent Golden Valley at the next proposed meeting on February 15, 1968, and that the committee present their recommendation on May 1, 1968. Request for Public Hearing - Street Vacation, Erie Avenue Between Winnetka Avenue & Sumter Avenue South: The Village Manager presented a request for a public hearing for street vacation, Erie Avenue between Winnetka Avenue & Sumter Avenue South. MOVED by Stockman seconded by Bies carried to call a public hearing for street vacation of Erie Avenue between Winnetka Avenue and Sumter Avenue South on February 20, 1968. First Reading Ordinance - Street Name Change, 6th Avenue North from Winnetka Avenue North to County Road #18 (Golden Valley Road): MOVED by Bies seconded by Stockman carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Change of Name of Sixth Avenue North to Golden Valley Road) MOVED by Stockman seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. Bills: MOVED by Stockman seconded by Carlson carried to adjourn the meeting at 2:30 A.M. ✓ Mayor Attest: Village Clerk