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10-21-69 City Council Minutes1 1 1 175 REGULAR MEETING of the VILLAGE COUNCIL October 21, 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 October 21, 1969, at 8:00 o'clock P.M. The following members were present: Bies, Garis, Stockman, and Teresi; and the following was absent: Jensen. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman, Building Inspector, Dan Lynch; Vice -Chairman of Planning Commission, Donald Franzen. _Public Hearing_- Zoning, 9300,9310,9325,9340 Golden Valley Road to Business & Professional Office Zone, Ronald G. Gridley: The Village Clerk 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 oppor- tunity to express their views thereon. No persons presented objections except the following: OBJECTOR Mr. John W. Stadden 9310 Golden Valley Road Mr. R. J. Raymond 9326 Golden Valley Road The Mayor closed the public hearing. OBJECTION Has lived there fifteen years, likes it there and objects to zoning. Asked the difference between Commercial and Business & Professional Office zone. Corner property in Probate Court. MOVED by Garis seconded by Bies carried to give a first reading to an ordin- ance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Business and Professional Office Zoning District) (Ronald G. Gridley) MOVED by Stockman seconded by Garis to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the members were record- ed as voting as follows: Bies YES Garis YES Stockman YES Teresi YES Regular Meeting of the Village Council, October 21, 1969 The Mayor declared the motion carried. Continued Public Hearing - Zoning, Lots 9,10,11, Busch's Golden Valley Acres, Light Industrial, Premier Realty: The Village Manager announced that this was a continued public hearing from September 16, 1969• Mr. Donald Franzen, Vice -Chairman of the Planning Commission, presented the recommendation of the Planning Commission to deny the proposed zoning, and recommended zoning to Multiple Dwelling. PROPONENT REASON Mr. Robert Brenny, representing After two year evaluation the Premier Realty request is for Light Industrial and Office for the best use of the land. Mr. Wm. Busch Mr. Busch stated the original 915 Boone Avenue North plat was planned for industrial use. The Plat was filed July 7th, 1915. Mr. Lowell Swanson, Planning Commission member, stated this was one of the few areas suitable for Multiple Dwelling. The Mayor closed the public hearing. MOVED by Garis seconded by Stockman carried to defer the zoning to November 3, 1969. Public Hearing - Widening Winnetka Avenue from T H #55 to Orkla Drive: The Village Clerk presented an affidavit of publication in the official news- paper 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 oppor- tunity to express their views thereon. Mr. Hanson, Hennepin County Highway Department, presented the preliminary plans for widening Winnetka Avenue from T.H. #55 to Orkla Drive. Mr. Dave Trach, Golden Valley Shopping Center, representing the businesses submitted a petition objecting to the proposed plans. Mr. Philip J. Krelitz, Valley Plaza Shopping Center, representing the mer- chants stated, something must be done in the area and requested a committee to meet with the engineers from the Village, County and State of Minnesota. 1 Regular Meeting of the Village Council, October 21, 1969 Mr. E. R. Smith, 1620 Winnetka Avenue North, County increased traffic by widening road, it is impossible to get in and out of driveway. Mrs. F. J. Richards, 1420 Winnetka Avenue North, asked when cables were buried was that preparatory to the widening of Winnetka Avenue. The Mayor closed the public hearing. MOVED by Garis seconded by Stockman carried to choose a committee consist- ing of the following: 2 At large, 1 from each shopping center, Village Engineer, County Engineer, and State Highway Department Engineer. MOVED by Stockman seconded by Garis carried to deny approval of the proposed plan by the County Highway Department and recommend study and cooperation between the Village, County and State Highway Departments on a new plan for the east and west sides of Winnetka Avenue North from T.H. #55 to Orkla Drive. Continued Public Hearing - Street Lights (69 -RSL -28A): The Mayor announced that this was a continued public hearing from the meeting of September 16, 1969, and all persons present were afforded opportunity to express their views thereon. The Village Manager presented petitions for and against the proposed residen- tial street lighting district 28A, and a map of the area. PROPONENT Mr. Larry P. Sawstzke 1419 Aquila Avenue North Mr. Mike T. Sell 1400 Valders Avenue North The Mayor closed the public hearing. REASON Need lights. The area is quite dark, but opposed to mid -block lighting. Hopkins school district should be separated from the rest of the district, due to split school shifts now and for 2 or 3 years. It is dark when last shift comes home from school. MOVED by Garis seconded by Bies carried to delete 28A from the proposed street lighting program. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Street Lighting - 69 -RSL -19A) 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, Stockman, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed 177 Regular Meeting of the Village Council, October 21, 1969 and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page. Approval of Final Plat, Rauenhorst #2: MOVED by Bies seconded by Garis carried to continue the item to November 3, 1969. Police Consultant: The Village Manager reviewed a report dated May 28, 1969, regarding services of three qualified consultants for a police administration and operation study. MOVED by Garis seconded by Stockman carried to authorize the Village Manager to enter into a contract with Raymond T. Galvin in accordance with his pro- posal as a consultant to study Golden Valley Police operations and report thereon, on a time and material basis not to exceed $3,350.00. Communication - State Highway Department: The Village Manager presented a letter dated October 15, 1969, from Mr. N. R. Osterby of the State Highway Department regarding closing of the service drive on Boone Avenue and T.H. #55 on October 27, 1969. The Village Engineer presented the plans regarding closing of the service drive on Boone Avenue and T.H. #55 for Council consideration. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION" 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: Bies, Garis, 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/ -%,4. Application for 3.2 Beer License, Barnaby's Restaurant, T.H.#12 & County Road #18: Mr. Philip Johnson, Secretary of Terata, Inc., holder of a Barnaby's Restaur- ant franchise appeared to apply for a 3.2 Beer License for a family type restaurant with brick exterior and interior. Mr. Johnson stated 25% of their income was the sale of beer and 75% food sales. Mr. L. J. Karlsen, owner of property on the southeast corner of T.H. #12 and County Road #18, appeared to object to this type of development on this site. Member Garis reviewed the council policy in the past for this type of applica- tion. 1 �l Regular Meeting of the Village Council, October 21, 1969 MOVED by Garis seconded by Bies carried to deny the application for 3.2 beer by Barnaby's Restaurant. Licenses: Mr. Joseph Van Asch appeared before Council to request licenses for two taxi cabs and stated they will operate from Golden Valley base. The company name will be Valley Cab. MOVED by Bies seconded by Garis carried to approve the licenses as follows: No. Licensee TZRe Fee 430 Hyatt Lodge Vending - N.P. $10.00 431 B.F. Goodrich Co., Inc. Vending, add'1 N.P. 2.50 432 Oken's Inc. Vending - N.P. 5.00 433 Forster Co. Cigarettes 7.00 pro- rated 434 Technical Publications, Inc. Vending - N.P. Exempt 435 Hyatt Lodge Cigarettes 6.00 pro- rated 436 Hyatt Lodge Vending - N.P. 5.00 437 Liberty Carton Cigarettes 12.00 438 G. V. Super Valu Vending - N.P. 5.00 439 All Sound Center (Advance Music) Vending - N.P. 7.50 440 Heilicher Bros. Vending - N.P. 12.50 441 Heilicher Bros. Vending - P. 20.00 442 Heilicher Bros. Cigarettes 12.00 443 Rainbow Plastics, Inc. Cigarettes 12.00 444 Rainbow Plastics, Inc. Vending - N.P. 5.00 445 G. H. Tennant Co. Vending - N.P. 10.00 446 G. H. Tennant Co. Vending - P. 25.00 447 Heinrich Envelope Co. Vending - N.P. 12.00 448 Leo's Service Sp. Food Hand. 5.00 449 House of Laird Vending - N.P. 7.50 450 House of Laird Cigarettes 5.00 pro- rated 451 Montand Guy (wking. for Wm.Hall) Solicitor's (Candy) 10.00 452 N.W. Bell Telephone Co. Vending - N.P. 5.00 453 The Kroger Co. Vending - N.P. 5.00 454 R. E. Fritz, Inc. Food Establishment 25.00 455 Joseph Van Asch & Reeta Scott Taxi -cab 22.00 New 456 Nortronics Vending - N.P. 7.50 Award of Bids - Improvement Bonds, Park & Recreation Bonds: The Clerk presented affidavits of publication of the notice of sale of said bonds in the Commercial West and in the Golden Valley Sun, and on motion duly made, seconded and carried, said affidavits were approved and ordered placed on file. The Mayor stated that this was the time and place heretofore fixed for the receipt Regular Meeting of the Village Council, October 21, 1969 of bids for the purchase of $255,000Park and Recreation Area Bonds of 1969, $450,000 State -Aid Street Bonds of 1969, and $1,208,000 Impovement Bonds of 1969 of the Village. The Manager reported that five sealed bids had been received pursuant to the advertisement for bids and were opened and read aloud at 1:30 P.M., on Oct- ber 21, 1969, in the Village Council Chambers by the Village Manager and Village Clerk, and were found to be as follows: $1,208,000 Improvement Bonds of 1969 Name of Bidder Manager of Bidding Account Piper, Jaffray & Hopwood John Nuveen & Company Interest Rate 5.8055 Purchase Price and Net Interest Cost and Rate $164,803.15 162,671.00 La Salle National Bank 6.09175 170,691.00 (Chicago) Ebin Robertson 6.3846 178,898.00 (Mpls.) $255,000 Park and Recreation Area Bonds of 1969 and $450,000 State -Aid Street Bonds of 1969 Name of Bidder or Interest Rare Purchase Price and Net Manager of Bidding Account Interest Cost and Rate Piper, Jaffray & Hopwood 6.30902 $453,697.70 The Village Manager recommended the award to the low bidder, Piper, Jaffray & Hopwood for the State Aid and Park Bonds, and John Nuveen & Company for the Improvement Bonds. After discussion of bids received, Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING SALE OF $450,000 MUNICIPAL STATE -AID STREET BONDS OF 1969 AND $255,000 PARK AND RECREATION AREA BONDS OF 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, 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 Stockman introduced the following resolution and MOVED its adoption: 1 C fi Regular Meeting of the Village Council, October 21, 1969 "RESOLUTION ESTABLISHING FORM AND DETAILS OF $450,000 MUNICIPAL STATE -AID STREET BONDS OF 1969" 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, 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 attested by the Village Clerk. See Resolu- tions Book page. Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION DETERMINING THE FORM AND DETAILS OF $255,000 PARK AND RECREATION AREA BONDS OF 1969 OF THE VILLAGE, CREATING A SINKING FUND THEREFORE, AND LEVYING TAXES FOR THE PAYMENT THEREOF" 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, 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 attested by the Village Clerk. See Member Bies introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING AND ESTABLISHING THE FORM AND DETAILS OF $1,208,000 IMPROVEMENT BONDS OF 1969, .AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF" The motion for the adoption of the foregoing resolution was duly seconded by Member Garis, and upon vote being taken thereon, the following voted in favor thereof: Bies,.Garis, Stockman, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page_. (See under) um Regular Meeting of the Village Council, October 21, 1969 MOVED by Stockman seconded by Bies carried to authorize the assessor to assess Lot 4, Block 1, Terra Linda Plaza for water connection to New Hope for 1970 watermain at $6.00 per foot and to reimburse New Hope under the existing agreement between New Hope and Golden Valley on joint watermains. Re: Plymouth Sanitary Sewer Connection: All present agreed to add the above item to the agenda. The Village Manager submitted a report regarding the Plymouth Sanitary Sewer agreement and back-ups caused by discharge of Plymouth sewage into Golden Valley Sewage System. Member Garis introduced the following resolution and MOVED its adoption: "RESOLUTION REQUESTING ACTIONS OF VILLAGE OF PLYMOUTH ON JOINT SANITARY SEWER AGREEMENT WITH GOLDEN VALLEY" 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, 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. , Request for Building Permit - 820 Decatur Avenue North, Premier Realty: The Building Inspector presented a request for a building permit for Premier Realty at 820 Decatur Avenue North. MOVED by Stockman seconded by Garis carried to approve the request for a building permit for Premier Realty at 820 Decatur Avenue North subject to the following: Screening for roof equipment return of decorative block on the north side and return of brick on the south side, $5,000 landscape bond, and subject to the approval of the Building Inspector. Request for Waiver of Platting Ordinance, 1300,1304 Independence Ave. No.: The Building Inspector presented a request for waiver of Platting Ordinance for division of the following property: 1304 Independence Avenue North: Lot 13, Block 6 The First Addition to Lakeview Heights 1308 Independence Avenue North: Lot 14, Block 6 The First Addition to Lakeview Heights ' MOVED by Bies seconded by Stockman carried to approve the waiver of Platting maw Ordinance for the above referenced property. I�F3 Regular Meeting of the Village Council, October 21, 1969 Request for Waiver of Platting Ordinance, 334,346 Natchez Avenue North: The Building Inspector presented a request for waiver of Platting Ordinance for division of the following property: 346 Natchez Avenue North: Lot 13 and that part of Lot 12 lying Northerly of a line parallel with the South line of said lot and running Easterly from a point in the Westerly line of said lot distant 15 feet South of the Northwest corner thereof, Block 4, "Glendale". 334 Natchez Avenue North: That part of Lot 12 lying Southerly of a line parallel with the South line of said lot and running Easterly from a point in the Westerly line of said lot distant 15 feet South of the Northwest corner thereof, Block 4, "Glendale". MOVED by Stockman seconded by Garis carried to approve the waiver of Platting Ordinance for the above referenced property. Re: County Road #18 Detour: Mr. Daniel H. Johnson of 1520 Mendelssohn Avenue North, presented a petition with 21 signatures regarding the detouring of County Road #18 from Plymouth Avenue to Medicine Lake Road onto the service road on the east side of County Road #18. MOVED by Stockman seconded by Bies carried to request Hennepin County repre- sentative to be present for a meeting with the residents and Council on Mon- day, October 27, 1969, at 7:00 P.M. Request for Approval of Stipulation for Settlement, Paramount Builders Suit: The Village Attorney presented a proposed stipulation for settlement of the Paramount Builders suit in the amount $1,200.00. MOVED by Garis seconded by Stockman carried to approve the proposed settle- ment with Paramount Builders in the amount of $1,200.00, upon recommendation of the Village Attorney. Request for Change in Building Materials, Pure Oil Service Station, Boone Ave. & T.H. #55: All present agreed to add the above item to the agenda. The Building Inspector presented a sample of the proposed material to be used for the Pure Oil Service Station on Boone Avenue and T.H. #55• MOVED by Stockman seconded by Bies carried to approve brick to 3'6" height Regular Meeting of the Village Council, October 21, 1969 minimum and stone agregate above the brick on the west side of the Pure Oil Service Station on Boone Avenue and T.H. #55, subject to approval of the Building Inspector. Planning Commission Minutes - October 13, 1969: MOVED by stockman seconded by Garis carried to receive and file the Plann- ing Commission minutes dated October 13, 1969• Human Rights Commission Minutes - October 9, 1969: MOVED by Garis seconded by Bies, carried to receive and file the Human Rights Commission minutes dated October 9, 1969. Complaint re: Mary Pich, 1712 Mendelssohn Avenue North: The Village Manager reported on the findings in the investigation of the complaint regarding Mary Pich at 1712 Mendelssohn Avenue North. Council took no action. Bills: MOVED by Stockman seconded by Garis carried to approve the bills as submitted on the prelist. MOVED by Stockman seconded by Garis carried to adjourn the meeting to October 27, 1969, to 7:00 P.M., to meet with Hennepin County and the property owners on County Road #18 detour and the Planning Commission regarding the Compre- hensive Plan at 7:30 P.M. The meeting adjourned at 2:00 A.M. Mayor Attest: Village Clerk 1