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02-16-70 City Council Minutes26 REGULAR MEETING OF THE VILLAGE COUNCIL February 16, 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 February 16, 1970, at 7:30 o'clock P.M. The following members were present: Bies, Jensen, Paulson, Stockman, and Teresi; and the following were absent: None. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert Barth; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Building Inspector, Dan Lynch. Award of Service Plague - Gordon 0. Garis: Mayor Teresi presented a plaque for service to Gordon 0. Garis on behalf of the Village and Council. Minutes of February 2, 1970; February 9, 1970: MOVED by Bies seconded by Stockman carried to approve the minutes of Feb- ruary 2, 1970 and February 9, 1970, as submitted to Council. Public Hearing - Zoning, Lots 2,5, Busch's Meadow Acres, I-3 Institutional: 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. Mr. Donald Franzen, Vice -Chairman of the Planning Commission, presented the Planning Commission recommendation. (see minutes of January 12, 1970). 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. PROPONENT REASON Mr. Budrow Larson, Part Owner of a Nursing An up-to-date adequate facility Home in Minneapolis with 180 beds proposed on 2.6 acres. Will ask for waiver for a three story structure, for Claremare'Mursing Home. 1 27 Signatures of 85 opponents, present at the meeting, were presented. Mr. Lee Gillogly stated they do not want to fill up all the land, density will add to the traffic problems. Mr. Dennis Gonyea, 1341 Wisconsin Avenue North, recognizes soil problems in the area, but wants plans on all thirteen acres. Mr. Oscar Soderling, 1424 Orkla Drive, stated that Plymouth Avenue was not a buffer for the residents to the north. The Mayor closed the public hearing. Regular Meeting of the Village Council, February 16, 1970 PROPONENTS REASON Mr. John Miller, Attorney representing Presented plans for a rest home Restencare Corporation, with 168 beds in a 212 story Mr. Bell, Architect, structure. The parking lot to Mr. Robert Brenny, representing be depressed 5' below Plymouth Premier Realty Avenue. Mr. William Busch, Mr. Busch spoke about the history 915 Boone Avenue North of the property since 1912, is in favor of the proposed develop- ment of the area. OBJECTOR OBJECTION Mr. Leland Gillogly Representing 200 residents in 1220 Orkla Drive the area, opposed high density use. Mr. Jerry Brill, Jr., Attorney Represented opponents to zoning representing 200 residents in piece -meal planning, requested the area. plans for all of the area. Re- quested the developers to pro- vide soil tests. Opposed to a three story nursing home. Public Hearing - Zoning Lots 3,4,5, Busch's Meadow Acres, M-2 or M-4 Multiple Dwelling: Representative of Premier Realty proposed two multiple dwellings eight stories high with 136 units on an eight acre site with 68 units in each building. Approximate value one and half to one and three quarters million dollars. Mr. Donald Franzen, Vicei4Chairman of the Planning Commission, presented the Planning Commission recommendation for town houses on lots 3,4,5, and re- quested more extensive soil tests on lots 3 and 4. The Planning Commission recommended approval of Institutional I-3 zoning for lot 2, Busch's Meadow Acres. Signatures of 85 opponents, present at the meeting, were presented. Mr. Lee Gillogly stated they do not want to fill up all the land, density will add to the traffic problems. Mr. Dennis Gonyea, 1341 Wisconsin Avenue North, recognizes soil problems in the area, but wants plans on all thirteen acres. Mr. Oscar Soderling, 1424 Orkla Drive, stated that Plymouth Avenue was not a buffer for the residents to the north. The Mayor closed the public hearing. �� Regular Meeting of the Village Council, February 16, 1970 MOVED by Stockman seconded by Paulson carried to continue the public hearing to April 6, 1970, and refer the zoning to the Planning Commission and Midwest Plandets f,m reco&nbndstJon vithin 45 days for Lots 1,2,3,4,5, Busch's Meadow Acres. Mr. Brill requested a denial of the proposed eight story multiple dwellings and stated the residents would like to see any new plans. Continued Public Hearin RSL -36, Street Lightino, Ottawa Ave., Glenwood to Circle Downs: The Village Manager reviewed the request for street lighting on Ottawa Avenue from Glenwood to Circle Downs. Mr. Henry W. Kuhlman, 101 Ottawa Avenue South, presented a petition signed by fourteen residents opposing street lights. MOVED by Stockman seconded by Paulson carried to deny the petition for street lights (RSL-36)on Ottawa Avenue South. Human Rights Director - Mr. Charles R. Graves: The Village Manager introduced Mr. Charles R. Graves, Human Rights Director, to the Council. Request for BuildinE Permit - 200 Lilac Drive North, Chester Byrd Post Addition: The Building Inspector presented the request and preliminary plans for an addition to Chester Byrd American Legion Post at 200 Lilac Drive North. MOVED by Jensen seconded by Bies carried to approve the request for a build- ing permit for an addition to Chester Byrd American Legion Post at 200 Lilac Drive North, subject to the approval of the Building Inspector. Request for Building Permit - 2430 Winnetka Avenue North, Custom Tool Addition: The Building Inspector presented the request and plans for an addition to Custom Tool at 2430 Winnetka Avenue North. MOVED by Stockman seconded by Paulson carried to approve the request for a building permit for Custom Tool at 2430 Winnetka Avenue North, subject to posting a $2,000 landscape bond and approval of the Building Inspector. Waiver of Platting Ordinance - Lot Division, 6850, 6860 Harold Avenue: The Building Inspector presented the request for waiver of the Platting Ordi- nance at 6850, 6860 Harold Avenue for lot division of the following property: 6850 Harold Avenue: Lot 12, Block 3 Windsor Woods and that part of Lot 13, Block 3, Windsor 21) Regular Meeting of the Village Council, February 16, 1970 Woods, lying Easterly of a line drawn from a point in the Easterly line of said lot, distant 25 feet Northerly of the Southeast corner of said lot, to a point in the Southerly line of said lot, distant 3.5 feet Westerly, measured along said Southerly line, from the Southeast corner of said lot. 6860 Harold Avenue: Lot 13, Block 3, Windsor Woods, except that part thereof lying Easterly of a line drawn from a point in the Easterly line of said lot, distant 25 feet Northerly of the Southeast corner of said lot, to a point in the Southerly line of said lot, distant 3.5 feet Westerly, measured along said Southerly line, from the Southeast corner of said lot. MOVED by Jensen seconded by Paulson carried to approve the Waiver of Platt- ing Ordinance for the above referenced property. Discussion & First Reading - Ordinance re; Residential Burning: MOVED by Stockman seconded by Jensen carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Residential Burning) MOVED by Bies seconded by Jensen carried to approve the ordinance herein quoted by title on its first reading. Discussion & First Reading - Ordinance re: Advisory Boards & Commissions: MOVED by Paulson seconded by Bies carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Advisory Boards and Commissions) MOVED by Paulson seconded by Jensen carried to approve the ordinance herein quoted by title on its first reading. Hennepin County re: Winnetka Avenue Parking & Signals: The Village Manager presented a letter dated February 2, 1970, from Hennepin County Highway Department denying the request by Golden Valley for limited parking and traffic signals on Winnetka Avenue North. Council requested that a copy of the Hennepin County Highway Department letter be sent to Robert Kratt, chairman of the Citizen's Committee, and request Mr. Robb, Hennepin County Commissioner to meet with the Council on March 2nd., at 6:30 P.M. Request for Rezoning - 2+00 Unity Avenue, D. T Sorensen• (M 1): Regular Meeting of the Village Council, February 16, 1970 MOVED by Stockman seconded by Jensen carried to deny the request for setting hearing for rezoning 2+00 Unity Avenue to Multiple Dwelling (M-1), pending a report from Bassett Creek Flood & Drainage Committee and Midwest Planners. Metro Section - League of Minn. Municipalities Meeting: The Village Manager presented a notice of General Membership Meeting of the Metropolitan Section of the League of Minnesota Municipalities on February 19, 1970. The Village Manager and Councilman Stockman, if available, were to represent Golden Valley. Communication - Westurban Neighbors Club: A communication was received from the Westurban Neighbors Club, extending their thanks for the pedestrian bridge across County Road #66 to Scheid Park. Licenses: MOVED by Jensen seconded by Paulson carried to approve the licenses as follows: No. Licensee Type Fee 567 Theodore Wirth Chalet Cigarette $12.00 568 569 Liberty Carton Liberty Carton Vend, N. Per. Vend. Per. 10.00 25.00 Award of Bids - Street Construction & Maintenance Materials (2-13-70): The Village Manager reported that the bids for street construction and Mainten- ance materials were opened on February 13, 1970, tabulated and the recommenda- tion for award will be presented on March 2, 1970. Brookview Capital Improvements: The Village Manager recommended an appropriation of $23,000 from General Fund unappropriated surplus to the Park Fund for a driving range, fairway relocation and golf cart building, to be built over two fiscal years. MOVED by Jensen seconded by Paulson carried to approve transfer of $23,000 from General Fund unappropriated surplus to the Park Fund for the proposal. MOVED by Stockman seconded by Jensen carried to request the Park & Recreation Commission to study the requirements for completion of the park system and report their recommendation for a bond issue and for levy. Chicago N.W.R.R. Easement -- Bid Award (69 -SS -1): The Village Manager presented a request from the Chicago & North Western Railway Company for $25,500 an occupation charge for easement on 6,075 feet of right-of-way. MOVED by Bies seconded by Stockman carried to approve the payment of $25,500 Regular Meeting of the Village Council, February 16, 1970 for easement to Chicago & North Western Railway Company for construction of 69 -ss -1. MOVED by Stockman seconded by Jensen carried to award the bid for 69 -SS -1 to Hurley Construction upon approval by the State Highway Department and recom- mendation of the Village Manager. Library Fund ClosinE: The Village Manager recommended the closing of the Library Fund and transfer of the balance of $1,274.12 to the Building Fund as of 12-31-1969. MOVED by Stockman seconded by Paulson carried to close the Library Fund and transfer the balance of $1,274.12 to the Building Fund effective as of 12-31- 1969, and credit any future delinquent tax payments to the General Fund. Village Clean -Up Week: The Village Manager informed the Council that Village clean-up week has been tentatively set for the first two week -ends in May, the lst, 2nd & 3rd; May 8th, 9th and 10th, with residents hauling to a central pickup point on Winnetka. MOVED by Bies seconded by Stockman carried to approve the recommendations of the Village Manager on Village Clean-up on a trial basis for 1970. Resolution re: State Highway Participation in Relocating Service Drive - N.E. Corner of T.H. #55 & Boone Ave. North: Member Paulson introduced the following resolution and MOVED its adoption: "RESOLUTION REQUESTING STATE HIGHWAY DEPARTMENT PARTICIPATION IN RELOCATING SERVICE DRIVE - N.E. CORNER OF T.H. #55 AND BOONE AVENUE NORTH" The motion for the adoption of the foregoing resolution was seconded by Member Jensen, and upon vote being taken thereon the following voted in favor thereof: Bies, Jensen, Paulson, 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. Appointment of Commission Members: Council discussed several applicants and deferred appointments pending inter- views of applicants on March 26, 1970, at 7:30 P.M. Minutes of Golden Valley Civil Service Commission - February 4. 1970: MOVED by Jensen seconded by Bies carried to receive and file the minutes of the Civil Service Commission for February 4, 1970. 32 Regular Meeting of the Village Council, February 16, 1970 Bills: MOVED by Stockman seconded by Jensen carried to approve the bills as submitted on the prelist. MOVED by Jensen seconded by Stockman carried to adjourn the meeting at 12.00 M. Attest: i Village Clerk Mayor 1