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01-19-70 City Council Minutes7 REGULAR MEETING of the VILLAGE COUNCIL January 19, 1970 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 19, 1970, at 7:30 o'clock P.M. The following members were present: Bies, Paulson, Stockman and Teresi. The following was absent: Jensen. Present were Village Manager Barkley G. Omans, Village Attorney Robert M. Skare, Village Engineer Lowell Odland, Building Inspector Dan Lynch and Acting Village Clerk Carol LeVesque. Minutes of January 5 1970: MOVED by Bies, seconded by Stockman, carried, to accept the minutes of January 5, 1970, as submitted to Council. Public Hearing RSL 36 - Street Lighting on Ottawa Avenue, Glenwood to Circle Downs: The Village Manager presented a map from the Engineer showing the area involved and a report. The Engineer said this improvement is feasible and recommends that it should be done as proposed. The assessment will be $4.50 per lot per year. The Acting Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed public improvements (Residential Street Lighting - 69 -RSL -36) described in the resolution of this Council relating thereto, adopted on December 15,1969• 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 improvement and all persons present to do so were afforded opportunity to express their views thereon. Mr. H. W. Kuhlmann, 101 Ottawa Avenue South - told Council that the original letter that was circulated by Mr. W. J. Montroy was for closing the street more so than for lighting. He also had the impression that there would be one light, not four. He stated that four of the original seven signers have sold their property and moved away. Since just three of the origninal signers are left, Mr. Kuhlmann requests a postponement. Since there was not enough` -of a representation present, the Mayor stated the item would be deferred. MOVED by Bies, seconded by Stockman, carried, to defer this matter to the Council meeting of February 16, 1970. i o Regular Meeting of the Village Council, January 19, 1970 Second Reading, Zoning I-3, France Avenue Nursing Home: The Village Attorney stated this matter was postponed from the last meeting pending agreement with Skyline Builders. Mr. Keefer was present. The Mayor asked if anyone in the audience was interested, and upon no res- ponse, closed the public hearing. MOVED by Stockman, seconded by Paulson, carried, to authorize an addendum to the prior agreement for storm drainage and ponding pending completion of the new agreement. MOVED by Stockman, seconded by Bies, carried, to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning District) (France Avenue Nursing Home) Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies YES Stockman YES Paulson YES Teresi YES MOVED by Stockman, seconded by Bies, carried, to approve the ordinance here- in quoted by title on its second reading and to order publication thereof. See Ordinance Book page. MOVED by Paulson, seconded by Bies, carried, to give a six -month's permit to Skyline Builders to locate one trailer on residential property (P.B. Olson Site), to supervise the filling; said permit to be reviewed again by Council at the end of the six-month period. Second Reading, Civil Defense Ordinance: MOVED by Stockman, seconded by Bies, carried, to give a second reading to an ordinance entitled:. "AN ORDINANCE AMENDING THE VILLAGE CODE" (Civil Defense) Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies YES Stockman YES Paulson YES Teresi YES MOVED by Stockman, seconded by Paulson, carried, to adopt the above ordin- ance on its public reading and order publication. See Ordinance Book page ML. Appeal from Board of Zoning Appeals - Kentucky Fried Chicken, Duane Phillips, 7600 Olson Highway: Mr. LeRoy Anderson, Chairman of the Board of Zoning Appeals, was present and 9 Regular Meeting of the Village Council, January 19, 1970 read the report of the BZA denying proponents' request. Mr. Phil Kreletz and the proponents again presented their proposal and plans to the Council, The proposed buildings are two separate types entire- ly, joined by.brick wall. MOVED by Stockman, seconded by Bies, carried, to uphold the Board of Zoning Appeals' decision and to deny the request. All present agreed to add the matter of Kentucky Fried Chicken request for a building permit to the Agenda. A general discussion followed about whether they intended to have two build- ings or one. The Mayor suggested they have an architect try to put these two buildings into one or come up with some other recommendation. The proponents withdrew the request and will seek a future date, MOVED by Bies, seconded by Stockman, carried, to defer the matter of a request for a building permit by Kentucky Fried Chicken to a future date. Hennepin County re: Winnetka Avenue Parking: The Village Manager presented a letter from Herb Klossner, together with the sheets of traffic counts. The Village Engineer also gave a report. MOVED by Paulson, seconded by Bies, carried, to instruct the Village Manager to request the County to permit residential parking during certain hours. Member Paulson introduced the following resolution and MOVED its adoption: RESOLUTION STRESSING THE URGENCY FOR LOCATION OF WHERE THE TRAFFIC SIGNALS WILL GO AND DESIGN THE TRAFFIC SIGNALS ON WINNETKA TO BREAK UP THE TRAFFIC Motion for the foregoing resolution was seconded by Member Bies and upon vote being taken thereon the following voted in favor thereof: Bies, Paulson, Stockman and Teresi; 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 Clerk, See Resolutions Book page,.r[�, License List: MOVED by Bies, seconded by Stockman, carried, to approve the license list as follows: LICENSES FOR APPROVAL ,Ian. 19 1970 H Regular Meeting of the Village Council, January 19, 1970 No. Licensee Type Fee 557 Nortronics, Inc.(Griswold Coffee Co.) Cigarettes $12.00 558 Imperial Drive -In & Restaurant Games of Skill 50.00 559 " Juke -Box 15.00 560 �" Cigarettes 12.00 561 Feinberg Distributing Co.(Tw. Cty. Nov) " 12.00 562 Okens, Inc. (Twin City Novelty Co.) " 12.00 563 United Beef (Vernon Pouliot) Vending, N.P. 12.50 564 Cigarettes 12.00 565 Golden Valley Kwik Shop it 12.00 1969 Budget Performance: The Village Manager presented the matter of the 1969 Budget performance to Council. He stated the budget was under -expended by $30,000 -- that revenue will exceed estimate by $80,000. These amounts will go into surplus. He stated they could be considered in drawing the 1970 Budget in June. Request for Building Permit - Tennant Company - 701 North Lilac Drive: The Building Inspector presented drawings of the proposed addition to the Tennant Company on the Zane Avenue side. Proponent was present. There was quite a discussion concerning the exterior brick. MOVED by Stockman, seconded by Bies, carried, that other suitable material could be used with brick. Request for Building permit - Volp Construction Company - 715 Florida Av. S.: Mr. Glen Cording was present with the request. Dan Lynch, Building Inspec- tor, presented the plans to Council. MOVED by Stockman, seconded by Paulson, carried, to approve the building permit, subject to its meeting all the ordinances. Request for Preliminary Building Permit - Robert Ridgeway, Multiple Dwell- ings 5801 Duluth Street: Otto Schmid appeared for Robert Ridgeway and presented the plans for the pro- posed multiple dwellings near Byerly's. A question arose about the inter- pretation of what the maximum height should be and if the garages should be considered in the story. Staff was asked to get an opinion from the Board of Zoning Appeals on this. MOVED by Paulson, seconded by Stockman, to approve the site plan. Member Bies voted no; Members Paulson, Stockman and Teresi voted yes. Carried. Zoning Recommendations - Open Zoning Area - Boone & Plymouth: The Village Manager presented this matter to Council. He has a petition Regular Meeting of the Village Council, January 19, 1970 for M-4 and I-3 zoning. Two public hearings will be called - one based on Planning Commission recommendations and one based on the request. MOVED by Paulson, seconded by Bies, carried, to call a public hearing on the open zoning area at Boone and Plymouth for Monday, February 16, 1970. Demolition Order - 513 Meadow Lane Nbrth: The Building Inspector reported that the house is down on this lot and a permit has been issued for a new house on the same lot, The Village Attorney recommended the order be entered for the record. MOVED by Bies, seconded by Paulson, carried, that the proper officials be authorized to sign the order. 1969 Building Department Report: The Building Department Report was submitted to Council for their infor- mation. No action. Platting Waiver - A. R. Witt, 219-221 Meadow Lane North: The Building Inspector explained this request for platting waiver to Council, for the following property: Parcel 1: Tract B and that part of the East 23.75 feet of Tract D lying north of the Westerly extension of the South line of Tract B; Registered Land Survey No. 752, Hennepin County, Minnesota. Parcel 2: Tract C and that part of the East 23.75 feet of Tract D lying South of the Westerly extension of the North line of Tract C Registered Land Survey No, 752, Hennepin County, Minnesota. MOVED by Stockman, seconded by Paulson carried, to approve the waiver of Platting Ordinance for the above referenced property. 400 Dakota Avenue - Board of Zoning Appeals Minutes: MOVED by Stockman, seconded by Bies, carried, to approve the minutes of the Board of Zoning Appeals, dated 1-13-70, except for the item on 400 Dakota.Avenue, and requesting the Board of Zoning Appeals to con- sult with the Village Attorney on whether their action was proper and that they consider holding another hearing with the individual as soon as possible. Regular Meeting of the Village Council, January 19, 1970 December Police Report: The December Police Report was submitted to Council for their information. No action. Honeywell Sewage Meters: The Village Manager gave a report on the correspondence between the Village and Honeywell plant regarding their sewage meter. Mr. Howard Smith claimed he did not receive the last communication from the Village setting a dead- line for installing meters. MOVED by Stockman, seconded by Bies, to grant an extension of time for installing meters until February 15, 1970. Bid Opening, 1-15-70, 69 -SS -1: No action to be taken at this point. The Village Attorney stated that with the change in plans and cost that the Public Hearing should be recalled for February 2. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer 69 -SS -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Paulson and upon vote taken thereon the following voted in favor thereof: Stockman, Paulson, Bies, and Teresi; the following voted against the same: None, whereupon said resolution was declared duly passed and adop- ted, signed by the Mayor and his signature attested by the Acting Village Clerk. See Resolutions Book page % . Residential Open Burning: The Village Manager reported that he had contacted the fifteen rubbish haul- ers in the Village.. He stated that by the 1st of July their facilities will be adequate to handle the additional refuse pick-up. MOVED by Bies, seconded by Stockman, carried, that it is the intent of the Council to eliminate open residential burning within Golden Valley by July 1, 1970, since private garbage pick-up will be adequate and that the Village Attorney is hereby requested to revise the ordinance. 1 1 1 Regular Meeting of the Village Council, January 19, 1970 Administrative Liason with Boards: The Village Manager informed Council that he wished to assign Jon Westlake to the Planning Commission. He will also be responsible for the Planning Commission Minutes, James Ingemunson would be assigned to the Board of Zoning Appeals. Official Village Newspaper: This matter was deferred from the January 5th meeting until there was a full Council attendance. MOVED by Stockman, seconded by Paulson, carried, to designate the Golden Valley Sun as the official Village newspaper for 1970. Human RiEhts Commission 1970 Program: MOVED by Stockman, seconded by Paulson, carried, that the Council accept the proposed Human Rights Commission 1970 Program, as submitted. Human Rights Commission Response to Council on Editorial: Council agreed to a meeting with the Human Rights Commission to discuss their communication on the matter, January 27, at 7:30 P.M. Dresden Lane Cul-de-sac: The Planning Commission recommendation is to go ahead with the cul-de-sac. There is as easement to obtain there and other matters to resolve. MOVED by Stockman, seconded by Bies, carried, to set a public hearing for April 6, 1970, on the Dresden Lane Cul-de-sac, and a public hearing on the same date for vacation of the part of Dresden Lane north of Outlot l in Cumberland Hills Third Addition, Harold Avenue Cul-de-sac: Council noted that the petition on the Cul-de-sac on Harold Avenue had been withdrawn. Winsdale Street Vacation: The Planning Commission recommends vacation of Winsdale Street between Gettysburg and Flag. The Village Attorney advised that in his estimation the street could not be vacated unless there was 100% agreement and the minutes of the Planning Commission indicated that there was opposition by abutting property owners. No.action taken. Human Rights Commission Minutes: MOVED by Bies, seconded by Stockman, carried, to receive and file the Human Rights Commission Minutes of 1-8--70. 14 Regular Meeting of the Village Council, January 19, 1970 Bills: MOVED by Stockman, seconded by Bies, carried, to pay the bills as sub- mitted on the prelist. Adjournment: Council adjourned at 12:30 A.M., and will meet at 7:30 P.M., on January 27, 1970 Mayor Attest: Acting Village Clerlt Omitted Item on Original Minutes. Request for Extension of Building Permit -8701 Olson Highway - W.T.C.N.: The Building Inspector presented the request by W.T.C.N. for an extension of the building permit at 8701 Olson Highway. MOVED by Bies seconded by Stockman carried to extend the building permit for W.T.C.N. at 8701 Olson Highway for sixty days. i