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07-06-70 City Council Minutes119 REGULAR MEETING of the VILLAGE COUNCIL July 6, 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 July 6, 1970, at 7:30 o'clock P. M. The following members were present: Bies, Paulson, 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; Superintendent of Building & Zoning, Jon Westlake. Minutes of June 15, 1970: MOVED by Stockman seconded by Bies carried to approve the minutes of June 15, 1970, as submitted to Council. Public Hearing - Public Improvements, Watermain, Sanitary Sewer, Street Improvements: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments Proposed Watermain 70-WM-9, 70-WM-10, Proposed Sanitary Sewer 70 -LF -9, 70 -LF -10, Proposed Street Improvement 70 -SI -23 described in the resolution of this Council relating thereto, adopted on June 15, 1970. 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. No persons presented objections except the following: 70 -LF -9: OBJECTOR OBJECTION None None 70 -LF -10: OBJECTOR OBJECTION None None 70-WM-9: OBJECTOR OBJECTION None None 120 Regular Meeting of the Village Council, July 6, 1970 70-WM-10: OBJECTOR Dr. C. W. Howell 4125 Poplar Drive Kenneth R. Morris 4112 Poplar Drive Bruce R. Nonick 4215 Poplar Drive 70 -SI -23: OBJECTOR E. L. Wahala 1613 Flag Avenue North J. P. Montague 1529 Flag Avenue North Mrs. Robert A. Dietl 1525 Flag Avenue North Mrs. Donald A. Doeksen 1633 Flag Avenue North also representing Messrs. McGerr and Ringler Mrs. Robert A. Labeau 1617 Flag Avenue North The Mayor closed the public hearing. OBJECTION Opposed on basis of cost and well water preferable to city water. Opposed, has new well one year old. Has fine water in well, opposed. OBJECTION Asked when curb and gutter came into the picture, he signed a pet- ition for street surfacing. Opposed to curb and gutter improve- ment. Opposed to improvement. Opposed to curb and gutter. Questioned the difference in cost of the bituminous surfacing only vs curb and gutter being included. Opposed. Member Paulson introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Watermain 70-WM-9 70-WM-10; Proposed Sanitary Sewer 70 -LF -9 70 -LF -10; Proposed Street Improvement 70 -SI -23) 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, Paulson, 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_�6_/. 1 1 1 Regular Meeting of the Village Council, July 6, 1970 MOVED by Bies seconded by Paulson carried that the Council establish a policy on the construction of curb and gutter. Member Paulson introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (Proposed Watermain 70-WM-9 70-WM-10; Proposed Sanitary Sewer 70 -LF -9 70 -LF -10; Proposed Street Improvement 70 -SI -23) 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, 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 pager 5,Z. MOVED by Stockman seconded by Paulson carried to delete 70 -SI -18 (Bituminous Surfacing on Flag) and 70 -SI -23 (Curb & Gutter on Flag). Public Hearing - Public Improvement, Storm Sewer 70 -SS -5, Meadow Lane: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments Proposed Storm Sewer - 70 -SS -5 described in the resolution of this Council relating thereto, adopted on June 15, 1970. 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. No persons presented objections except the following: OBJECTOR Stan Kugler 4240 Glenwood Avenue Laurie Edling 428 Sunnyridge Lane Wm. P. Laird 219 Meadow Lane North Lawrence Ellstrom 15 Meadow Lane North OBJECTION Need comprehensive plan for storm sewers. Asked if this area was included in the proposed improvement area. His present system is adequate, high cost of living, new schools, can't afford more taxes. Asked if everyone in the area is to be assessed, suggested sewer be constructed on Glenwood Avenue on south side and drain to the lake. Cannot go beyond this point for assessments. Regular Meeting of the Village Council, July 6, 1970 OBJECTOR OBJECTION L. B. Gartner Asked how water is picked up 220 Meadow Lane North on the opposite side from the catch basin. Clarence A. Pederson Asked about financing of the 240 Meadow Lane North proposed improvement. John Giebenhaim Questioned the 112¢ per square 245 Meadow Lane North foot assessment rate. Mrs. M. E. Baker Asked when is the assessment 220 Sunnyridge Lane made for the storm sewer. Bruce Monick Storm sewer not necessary at 4215 Poplar Drive this time, trade repairs for new construction of storm sewer. Requested more time to study the situation. Mr. John Murray Need more time for residents to 200 Meadow Lane North express their opinions. Donald R. Browne Would he have to pay for drain - 4135 Leber Lane ing his own property to the street? Wm. M. Witt Asked if this was a ten year 211 Meadow Lane North assessment at 12¢ per square foot. Philip 0. Lysne Has no water problem now, trouble 303 Sunnyridge Lane 3 years ago, last year and this spring needed street repairs. Mr. Thomas A. Foster During three separate statements 311 Burntside Drive Mr. Foster objected to the improve- ment. At the close of his last statement he requested the Mayor to have the record show his claim that he had been "cut-off" before he had completed his remarks at the hearing and the Mayor there- upon directed the Clerk to have the minutes so reflect Mr. Fost- er's claim. After one and one-half hours of public discussion, the Mayor ordered the public hearing closed and put the matter to the Council. Member Paulson introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, July 6, 1970 "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Storm Sewer - 70 -SS -5) 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, Paulson, 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 �i. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (Proposed Storm Sewer 70 -SS -5) 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, Paulson, 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 -fes Amendment to Zoning Code - Special Use Permits: MOVED by Stockman seconded by Paulson carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Special Use Permits) MOVED by Paulson seconded by Stockman to approve the ordinance herein quot- ed by title on its first reading. Upon roll call vote being taken, the members were recorded as voting as follows: Bies YES Stockman YES Paulson YES Teresi YES The motion was carried. Communication - G. V. Thomson re: Village Acquisition of Property: The Village Manager presented a letter dated June 17, 1970, from Mr. G. V. Thomson, 4400 Golden Valley Road, objecting to the Village acqiring prop- erty for Park purposes near his residence. MOVED by Stockman seconded by Paulson carried to refer the matter to the Park and Recreation Commission for consideration. Communication - League of Women Voters - Re: Sidewalk Policy: 1.24 Regular Meeting of the Village Council, July 6, 1970 A letter dated June 12, 1970, from the League of Women Voters indicates their support of the adoption of a general sidewalk policy for Golden Valley, and the use of general funds for financing walkways. MOVED by Bies seconded by Stockman carried to request a reply to the League of Women Voters letter and accept their offer of assistance in promoting the project. Sidewalk Financing: The Village Manager reviewed the history of consideration of sidewalks in Golden Valley. The following residents were present and expressed their opposition as follows: OBJECTOR OBJECTION Dr. John Witiz Dr. Witiz asked who is responsible for 18+0 Quail Avenue North the snow on the sidewalk. The Village Engineer stated the County has equipment to remove snow on side- walks along county roads. Mr. Herbert Bedwell Overhead crossing on Douglas and other 1335 Angelo Drive areas is a better solution than sidewalks. Mr. Robert R. Ogren First concern is safety, sidewalks would 4900 Golden Valley Road ruin his turn -around and create a hazard. Mr. M. J. Perry Questioned how wide the sidewalk would be. 4920 Golden Valley Road Mrs. Howard Levine Asked why residents were not notified 1825 Spring Valley Road before policy is determined by Council. Mr. Herbert Bedwell Stated main question is that sidewalks 1335 Angelo Drive are not needed. Council should establish a policy of pay as you go for assessments. Mr. H. Treptau. Is interested in safety, sidewalks are 4539 Gb1den_Vall6y-R0ad not for safety, they are a detriment and hazard on County Road #66. The Village Manager reviewed the sidewalk financing report dated June 5, 1970. MOVED by Paulson seconded by Stockman carried to submit a bond issue to the electorate and request the Safety Council to prepare a presentation on side - for the village residents. License List: 125 Regular Meeting of the Village Council, July 6, 1970 MOVED by Stockman seconded by Bies carried to approve the license list as follows: No. Licensee Tie Fee 946 Golden Valley V.F.W. Post #7051 Juke Box $ 15.00 947 Dick's Standard - 600 Boone Ave. No. Filling Station 30.00 948 n u Vending - N.P. 7.50 949 Golden Valley Spur - 7550 Olson H. Filling Station 15.00 New Mgr. 950 " Cigarettes 6.00 pro -rated 951 " '° Vending - N.P. 7.50 952 Gerald A. Keller Garbage Hauling 26.00 New 953 Kathie Ann Gay - "Project Answer" Itinerant Food Exempt 954 Valley Plaza Merchants Assn. Aug. 12 & 13 " " 11.00 955 Allan E. Law - No. Mpls. Rec. Dev. Solicit - Candy Exempt ? Mandatory Connection to Sanitary Sewer - First Reading Ordinance: MOVED by Stockman seconded by Paulson carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Mandatory Connection to Public Sewer Facilities) MOVED by Stockman seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. Request for Approval of Portable Classroom, School District #281: Mr. George Bach, representing School District #281, requested approval of a portable classroom 24 x 36 for Carl Sandburg, Jr. High School, 2400 Sandburg Lane. MOVED by Stockman seconded by Bies carried to approve a two year permit for a portable classroom 24 x 36, located a minimum of 20 feet from the present building. Request for Building Permit - Skyline Enterprises, 7505 Country Club Drive: Mr. Keefer of Skyline Enterprises was present to request a building permit for Trivilla of Golden Valley, a nursing home, at 7505 Country Club Drive. Mr. Robinson and Mr. Anderson of the Building Board of Review were present. MOVED by Stockman seconded by Bies carried to refer the building plans to the Board of Zoning Appeals for interpretation of the building height. Request for Building Permit - National Fast Foods, Fish & Chips, 6600 Wayzata Blvd.: Mr. James W. Fischer, Consulting Engineer and Mr. John S. Yerxa, realtor, appeared to request a building permit for National Fast Foods, Fish & Chips 126 Regular Meeting of the Village Council, July 6, 1970 at 6600 Wayzata Boulevard with brick exterior construction. MOVED by Stockman seconded by Paulson carried to defer the request to July 20, 1970. Request for SiEn Permit - Kentucky Fried Chicken & Fish & Chips, 7600 Olson Highway: The Superintendent of Building and Zoning presented the request for signs for Kentucky and Fish & Chips at 7600 Olson Highway. MOVED by Paulson seconded by Bies carried to approve signs for Kentucky Fried Chicken on the east and south sides, no sign on the west, and Fish & Chips signs on the south and west sides, no sign on the east of the respective buildings, including a waiver of 86 square feet. Review of Landscaping Plan, Lupient Oldsmobile, 7100 Wayzata Boulevard: The Superintendent of Building & Zoning presented a landscape plan for Lupient Oldsmobile at 7100 Wayzata Boulevard. MOVED by Stockman seconded by Paulson carried to approve the landscape plan for Lupient Oldsmobile at 7100 Wayzata Boulevard, subject to approval of the Superintendent of Building and Zoning. 23rd. Avenue Right -of -Way from Winnetka Avenue to Rhode Island: The Village Manager reported on unsuccessful attempts to resolve the dedica- tion of the north half of 23rd Avenue right-of-way from Winnetka Avenue to Rhode Island, and recommended entering condemnation proceedings. MOVED by Stockman seconded by Bies carried to authorize the Village Attorney to draw a resolution for condemnation of the north half of 23rd Avenue from Winnetka Avenue to Rhode Island. Bassett Creek Drive Property (Rice Lake): The Village Manager reported on a meeting with John Weinard regarding acqui- sition of the above referenced property for village purposes. MOVED by Paulson seconded by Stockman carried to authorize the Village Mana- ger to enter into a purchase agreement with John Weinard for the Bassett Creek Drive Property (Rice Lake). Brookview Swimming Pool: The Village Manager requested transfer of $2400 from the Brookview Fund to the Swimming Pool Budget, and approval of purchases without bid of $1,707.95 from Detrex Chemical Industries. MOVED by Bies seconded by Stockman carried to approve the requested transfer of funds and purchases as referred to above.