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09-02-69 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL September 2, 1969 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 September 2, 1969, at 8:00 o'clock P. M. The following members were present: Bies, Garis, Jensen, Stockman, and Teresi; and the following was absent: None. Present were Village Manager, Barkley G. Omans, Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Ordinance Administrator, Jon Westlake. Minutes of August 12, 1969 and August 19, 1969: MOVED by Garis seconded by Stockman carried to approve the minutes of August 12, 1969, and August 19, 1969, as submitted to Council. Public Hearing - Public Improvements, Curb & Gutter (69 -CG -20) June Avenue: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed public improve- ments described in the resolution of this Council relating thereto, adopted on August 19, 1969. 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. The following persons objected to the proposed improvement: OBJECTOR Mr. Al Richie 1711 June Avenue North Mrs. R. Matuseski 2835 June Avenue North The Mayor closed the public hearing. REASON Questioned the need for curb and gutter, but stated they do need a guard rail. Mrs. 'Matuseski said a guard rail is necessary. Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Curb and Gutter - 69 -CG -20) 1 r] 1 1 139 Regular Meeting of the Village Council, September 2, 1969 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: Bies, Garis, Jensen, 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 Resolution Book page_4'd _. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 1+29.01+1 Sub. 7" (Proposed Curb and Gutter - 69 -CG -20) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following voted in favor thereof: Bies, Garis, Jensen, 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 0q. Public Hearing - Zoning, Offen Development to Residential, P. B. Olson Propel_: Mr. Otto Schmid, Planning Consultant, reviewed the Planning Commission recom- mendation. Mr. Raymond A. Haik, Attorney, representing the residents of the area presented a "Statement in Support of Planning Commission Recommendation". Mr. Wm. R. Dolan, President of Dolan Engineering, representing Skyline Builders, presented a request for time to prepare plans for the development of the property. Mr. Dolan stated the owners, Skyline Builders, were opposed to residential zoning under the present ordinances. The Mayor closed public hearing. MOVED by Stockman seconded by Jensen carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Residential Zoning District) (Village of Golden Valley) MOVED by Garis seconded by Jensen to approve the ordinance herein quoted by title on its first reading. Upon roll call the members were recorded as voting as follows: Bies YES Garis YES Teresi YES The Mayor declared the motion carried.. Jensen YES Stockman YES 40 1 Regular Meeting of the Village Council, September 2, 1969 APPeal from BZA, Floyd R. Fier, 5225 St. Croix Avenue: Mr. Floyd R. Fier, 5225 St. Croix Avenue, appeared to request a waiver to construct a two car garage. Mr. LeRoy Anderson reviewed the BZA recommendation for Council. Several neighbors were present to express their approval of the proposed waiver and addition to the garage. MOVED by Bies seconded by Jensen carried to deny the appeal from the BZA by Floyd R. Fier, 5225 St. Croix Avenue. Second Reading Ordinance - Protection of Streets. MOVED by Stockman seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Protection of Streets) MOVED by Garis seconded by Stockman carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page«, Request for Waiver of Platting Ordinance, 1521 Zealand Aver North: All present agreed to add the above matter to the agenda. The Ordinance Administrator presented a request for waiver of Platting Ordinance for division of the following property: 1521 Zealand Avenue North: Lot 5 and that part of Lot b lying South of the North 20 feet thereof, Block 2, Glenwood View Addition. 1529 Zealand Avenue North: Lot 3, and the Northerly 20 feet of Lot 4, Block 2, Glenwood View Addition. MOVED by Stockman seconded by Bies carried to approve the waiver of Platting Ordinance for the above referenced property, upon recommendation of the Planning Commission. License: Imperial Drive Inn & Restaurant: MOVED by Garis seconded by Stockman carried to defer action on the Imperial Drive Inn & Restaurant pending a report from the Village Sanitarian. Re ucl„_est for Waiver of Platting Ordinance, 2943, 3001 Quail Avenue North: III Regular Meeting of the Village Council, September 2, 1969 The Ordinance Administrator presented a request for waiver of Platting Ordinance for division of the following property: 2943 Quail Avenue North: Lot 5 and that part of lot 6 lying North of South 16 feet thereof, and also the Southwesterly 2 feet of Lot 11, Block 10, Woodlawn Park, as measured at right angles, lying Westerly of a line drawn Northeasterly at right angles from a point on the Southerly line of said Lot 4, distant 65 feet Easterly of the Southwest corner thereof, all in Block 10, Woodlawn Park. 3001 Quail Avenue North: Lot 4 and that part of lot 3 lying Southerly of a line running from a point in Easterly line of lot 3 distant 34 64/100 feet Northerly from Southeast corner thereof, to a point in Wester ly line of said lot distant 25 feet Northerly from Southwest corner thereof; an also the Northeasterly 2 feet of Lot 5, Block 10, Woodlawn Park, as meas- ured at right angles, lying Easterly of a line drawn Southwesterly at right angles from a point on the Northerly line of said lot 5, distant 65 feet Easterly of the Northwest corner of said lot 5, all in Block 10, Woodlawn Park. MOVED by Garis seconded by Jensen carried to approve the waiver of Platting; Ordinance for the above referenced property, upon recommendation of the Planning Commission. Request for Waiver of Platting Ordinance; 2520 Nevada Ave. No., 7170 Madison Ave. West:_ The Ordinance Administrator presented a request for waiver of Platting Ordinance for division of the following property: 2520 Nevada Avenue: Lot 18 and the north 50.0 feet of lots 16 and 17, Block 1, Advertising Creative Center. 7170 Madison Avenue West: Lots 16 and 17, except thenorth 50.0 feet thereof, Block 1, Advertising Creative Center. MOVED by Bies seconded by Jensen carried to approve the waiver of Platting Ordinance for the above referenced property. Request for Public Hearing Vacation of Easement, Robert Krause: The Ordinance Administrator presented the request for a public hearing to vacate an easement in the Advertising Creative Center. MOVED by Stockman seconded by Garis carried to call a public hearing to vacate an easement in the Advertising Creative Center on October 7, 1969. 142 Regular Meeting of the Village Council, September 2, 1969 Request for Building Permit - Addition to Honeywell: The proponent did not appear, no action taken. Request for Renewal of Sign Permit; 1001 Lilac Drive North: The Ordinance Administrator presented a request for renewal of a sign permit at 1001 Lilac Drive North for Michael's Restaurant. MOVED by Stockman seconded by Garis carried to defer the request to September 16, 1969 Resolution - No Parking on Winnetka Ave. from Winsdale to Medicine Lake Road: The Village Attorney presented the proposed resolution for no parking on Winnetka Avenue North from Winsdale to Medicine Lake Road on both sides of Winnetka Avenue. Mr. Wm. Wilson, 1621 Winnetka Avenue North, presented a petition against the "No Parking" on Winnetka Avenue North. Mr. Robert C. Kratt, 1701 Winnetka Avenue North, also opposed "No Parking" signs on Winnetka Avenue North. MOVED by Stockman seconded by Jensen carried to refer the matter to the Golden Valley Safety Council and Police Department for recommendation. MOVED by Jensen seconded by Stockman carried to request the County Highway Department to leave the signs down for sixty days until a study is completed. Review of Midland Nursery Landscape Plan: Council deferred the matter and requested that a representative of Midland Nursery be present on September 16, 1969. Change of Licensee - Holiday Motor Hotel, Jarl M. Fechner: The Village Clerk presented a letter dated August 21, 1969, from Anmar Motel, Inc., the present licensees at Holiday Motor Hotel at 812 Lilac Drive North, regarding a change in shareholdings of said corporation. Mr. Jarl M. Fechner is the purchaser of all the outstanding stock of the corporation. MOVED by Garis seconded by Bies carried to instruct the Village Clerk to notify the Attorney for Anmar Motel, Inc., and Mr. Fechner of the necessity of applying for a new "On -Sale" License and to forward copies of the file regard- ing the commitment for improvement of the property upon which the license was originally issued. Communication - George M. Hansen Company: MOVED by Garis seconded by Stockman carried to receive and file a letter 143 Regular Meeting of the Village Council, September 2, 1969 dated August 27, 1969, from the Public Accountants, George M. Hansen Company, in connection with the 1968 annual village audit. Communication - Golden Valle Safety Council: The Village Manager presented a letter dated August 24, 1969, from the Golden Valley Safety Council regarding a water filled swamp West of the St. Margaret Mary Church. The Village Engineer recommended that a storm sewer be constructed to serve this area, and call a public hearing on October 7, 1969. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 69 -SS -9) 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: Bies, Garis, Jensen, 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 page Communication Human Ri,hts Commission: The Village Manager read a letter dated August 21, 1969, from the Human Rights Commission regarding a questionnaire sent by the commission and requesting a meeting with the Village Council. MOVED by Stockman seconded by Garis carried to schedule a meeting with the Human Rights Commission on September 15, 1969, at 7:30 P.M. Communication_- Hennepin County HI Lbwa;�_De�artment: The Village Engineer presented a letter from the Hennepin County Highway Department regarding; improvement of Winnetka Avenue North from Maren Lane to T.H. #55. The Village Engineer explained the proposed diagram for Winnetka Avenue North. MOVED by Garis seconded by Jensen carried to call a public hearing on the design for Winnetka Avenue North from Maren Lane to T.H. #55, on October 21,1969. Licenses: MOVED by Jensen seconded by Stockman carried to approve the licenses as follows, but deny Tenny's Skelly No. 394, application for cigarette license. (see attached list) 1 4 Regular Meeting of the Village Council, September 2, 1969 LICENSES FOR APPROVAL Sept. 2, 1969 No. Licensee Type Fee 388 Willis Almendinger Christmas Tree Sales $50.00 389 Cross Road Skelly Ser. Food Vending 7.50 390 if '.' IfIt Filling Station 20.00 391 Pan -O -Gold Bking Co. Food Establishment 25.00 392 North Am. Life & CasultyFood Vending Exempt 393 Parker Hannifin Corp. Cigarettes 12.00 ielete394 Tenny's Skelly Cigarettes 5.00 pro -rated 395 Midland Shell Food Vending 7.50 396 if " Cigarettes 12.00 397 it if Filling Station 20.00 398 Jacobson Machine Cigarettes 12.00 399 it If Food Vending 12.50 400 Goodrich Retread Food Vending 5.00 401 Wissota Mfg. Co. Food Vending 5.00 402 The Mad Platter Food Vehicle 10.00 403 Fashion Beauty Salon Food Vending 5.00 404 Flui Dyne Co. Food Vending 5.00 405 James Lukasavits Cigarettes at Swiss Matic Exempt - Blind 406 " it Food Vending if If Exempt 407 James F. Ryan Cigarettes at Alpha Building Exempt - Blind 408 Itif Food Vending " " Exempt 409 " " Cigarettes at Minneaot&'.�, Hi - Way Exempt 410 " If Food Vending it If" Exempt 411 it If Cig. at Minnesota State Offices Exempt 412 it if " Food Vending It Exempt 413 " " Cigarettes at Minn. Hi -Way Lilac Drive Exempt 414 " Food Vending if " Exempt 415 Upjohn Company Inc. Food Vending Exempt 416 Food Vending 5.00 1 t 4 5 Regular Meeting of the Village Council, September 2, 1969 Resolution re: Interest on Municipal Bonds: Member Garis introduced the following resolution and PROVED its adoption: "RESOLUTION URGING CON'T'INUATION OF FULL TAX EXEMPTION ON MUNICIPAL BONDS" The motion for the adoption of the foregoing resolution was duly seconded by Member Jensen, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Jensen, 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 page0�-_. Employment of Bond Consultants; Financial Consultants: The Village Manager recommended the employment of Dorsey, Marquart, Windhorst, West & Halladay as Bond Consultants and T. G. Evensen & Associates Inc., as Financial Consultants. MOVED by Garis seconded by Bies carried to approve the employment of Dorsey, Marquart, Windhorst, West & Halladay as Bond Consultants and T. G. Evensen & Associates, Inc., as Financial Consultants. Re: 1970 BudEet : MOVED by Jensen seconded by Bies carried to hold an Adjourned ?Meeting on the 1970 Budget on September 8, 1969, at 7:30 P.M. Planning Consultant for Current Items: The Village Manager presented a request for retaining a Planning Consultant on a part time basis for current items. Urban Planning & Design, Inc., submitted a proposal & Midwest Planning & Research. MOVED by Garis seconded by Stockman carried to authorize the Mayor and Village Manager to sign an agreement with Urban Planning & Design, Inc., as Planning Consultants for current items. Resignation of Golf Pro: The Village Manager presented the resignation of the Golf Pro, Ross Stevens. MOVED by Garis seconded by Bies carried to release Ross Stevens, Golf Pro, from his contract with the Village on November 1, 1969. Increase of "On -Sale" Liquor License Fees: MOVED by Stockman seconded by Bies carried to place the "increase of "On -Sale" Liquor License fees on the agenda for the meeting of September 16, 1969. 146 Regular Meeting of the Village Council, September 2, 1969 Village Case vs Paramount Builders - Western Avenue: The Village Attorney reviewed the case pending in court, alleged damages $2, x+00.00. Council authorized the Village Attorney to negotiate with Paramount Builders. July 31st Budget Report: MOVED by Garis seconded by Stockman carried to receive and file the July 31st Budget Report. Minutes of Board of Zoning Appeals (8-12.1969): MOVED by Jensen seconded by Bies carried to receive and file the minutes of the Board of "Zoning Appeals for August 12, 1969. Bills: MOVED by Jensen seconded by Bies carried to approve the bills as submitted on the prelist. Resolution Ordering Dust Treatment - 70 -DA -1: Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING DUST TREATMENT FOR CERTAIN STREETS'' (70 -DA -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Garis, Jensen, 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 page_. Agreement for Custodian Services: Council authorized signing an agreement with John Burgess for supervisory custodian services for the municipal buildings for $677.00 per month. MOVED by Bies seconded by Jensen carried to adjourn the meeting at 1:00 A.M., to September 9, 1969, in the Civic Center at 7:301-P..M. Attest: Village Clerk Mayor