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08-16-71 City Council Minutes115 REGULAR MEETING of the VILLAGE COUNCIL August 16, 1971 Pursuant to due call and notice thereof, a regular meeting of the Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on August 16, 1971, at 7:30 o'clock P.M. The following members were present: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the following were absent : None. 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 August 2, 1971: MOVED by Stockman seconded by Hoover carried to approve the minutes of August 2, 1971, as submitted. Interstate 394 Corridor Stud Mr. Ron Edstrom, member of the Golden Valley Planning Commission, presented the Planning Commission recommendation and proposed resolution from the meeting of August 9, 1971. Dr. David M. Brown, 5120 Circle Down, Golden Valley representative on the Citizen's Advisory Committee reviewed the meetings and proposed future steps necessary in relation to I-394. Mr. Curtis H. Green, 608 Turnpike Road, Alternate representative on the Citizen's Advisory Committee also discussed proposed responsibility and the task of deal- ing with the State Highway Department. The Village Manager reviewed correspondence and meetings previously held. Mr. Robert Latz, 6850 Harold Avenue, urged united opposition to the proposed I-394 plans, and suggested cooperation with St. Louis Park in opposing the highway development. Mrs -Mary Anderson, 3030 Scott Avenue North, President of League of Women Voters, read a letter from the League regarding mass transit and offered League assist- ance in any way needed. Mr. Daryl C. Natz, 1309 South Tyrol Trail, representing South Tyrol Association, the South Tyrol Association supports a complete mass transit system. Patrick W. Fitzgerald, 120 Sumter Avenue South, Trustee for Good Shepherd Church, requested the Council to take direct action in opposition to the proposed highway plans. Regular Meeting of the Village Council, August 16, 1971 Melvin T. Davis, 7+65 Harold Avenue, expressed an adamant "NO" from the entire citizen community to the proposed highway plans. Mayor Teresi denied that the Council has been negligent in acting upon this matter. The Council has consistently opposed proposals for Highway #12 that were detrimental to Golden Valley, for the last sixteen years. Mrs. Idell Corsen, 2725 Scott Avenue North, stated if citizens came to Council meetings they would know the matter has been discussed several times. Mr. Warren L. Meehl, 6900 Western Avenue, said there was no publication of the statute taking municipalities authority of approval for highways within their boundaries easy. Stephen A. Bard, 225 Kentucky Avenue North, stated more people were involved in opposition to the highway plans than any other problem. We need more than a resolution opposing the proposed highway, the suggestion was for court action requiring the State Highway Department to account for their moves. The Village Attorney advised the best possible action was this type of public meeting. A mobile trailer will be at the Golden Hills Shopping Center and the Golden Valley Shopping Center on Friday, August 27th from 6:00 to 9:00 P.M. and on Saturday, August 28th from 1:00 P.M. to 7:00 P.M. with aerial views and plans, the consultants will be present to answer questions and sample citizen opinions. Fredrick Held, 5001 Colonial Drive, defended the Council action during the past ten years, but we have to go along with progress, he is greatly concerned with safety. We need an alternative plan, should work with the State HighwY;y Department, take a position;.but leave the door open for negotiation. He recommended approval of the Planning Commission resolution and support for Dr. Brown. Erwin Erickson, 4430 Douglas Avenue, stated we don't need improvement of #12, the proposed highway should be at Highway #7- A citizens steering committee will be meeting regularly, raising funds and getting out notices. A further general meeting will be held. Mrs. Marshall Livon, 6810 Harold Avenue, asked what the Council's suggestion is and what their alternative plan is. Dr. Brown suggested that the discussion should be about rapid transit instead of mass transit for urban areas and planning for a 1980 solution. The Mayor closed the public hearing. Council discussed requesting reasons for I-394, opposition to a split corridor, conferring with the Planning Commission and Midwest Planners. Phase II of the I-394 corridor is under way now and a report will be made by March, 1972. Regular Meeting of the Village Council, August 16, 1971 Member Paulson introduced and read the following resolution and MOVED its adoption: RESOLUTION (Interstate 394 Corridor Study) The motion for the adoption of the foregoing resolution was duly seconded by Member hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; 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 c,7y Second Reading Ordinance Amending Liquor Laws: MOVED by Ulstad seconded by Stockman carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Liquor Laws) MOVED by Stockman seconded by Ulstad carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page`. Request for Building Permit - 201 Georgia Avenue North, Earl Wilson: The Planning Commission recommended a residential building permit be granted for this lot. The Board of Zoning Appeals recommended approval of the waiver of area from 12,500 to 10,850 square feet. Arnold W. & Mrs. Drewlow, 201 Georgia Avenue North, claimed they maintained the lot for eleven years. Mrs. R. H. Cunniff, 6610 Glenwood Avenue, checked with the chairman of the Building Board of Appeals for waiver of lot size. Earl Wilson, the developer, was present to request approval for Building Permit for a lot with less than 12,500 sq. feet. MOVED by Paulson seconded by Hoover carried to request the Village Attorney to check to see if the lot is a lot of record and report back to the council. Appeal from Board of Zoning Appeals - 8805 - 7th Ave, North, Premier Realty: Mr. Mahlon Swedberg, Chairman of Board of Zoning Appeals, presented the recommendation from the August 10, 1971, meeting to deny the request for waiver of the required green area, the board saw no reason to act on the request since the parking requirements exceeded the ordinance requirement. Mr. Robert Brenny, Premier Realty, requested a waiver of 25' of the green area requirement for Lots 2 & 3, Block 3, Golden Valley Industrial Park, in exchange for dedication of the right-of-way for 7th Avenue. 118 Regular Meeting of the Village Council, August 16, 1971 MOVED by Stockman seconded by Paulson carried to approve the waiver of 25' of green area on Lots 2 & 3, Block 3, Golden Valley Industrial Park, subject to revocation if 6th Avenue North right-of-way is used as a street again. Member Hoover voted "NO". Request for Waiver of Weed Moving Ordinance - John Richter, 6005 Golden Valley Road: Mr. John Richter, 6005 Golden Valley Road, Brechet & Richter, requested a waiver of weed moving ordinance to provide cover for wild life in the area, and requested the matter be referred to the Environmental Committee. MOVED by Stockman seconded by Hoover carried to hold the order to mow weeds at 6005 Golden Valley Road and refer the matter to the environmental committee with the request that the committee confer with the Fire Department, and study other similar areas in the Village. Request for June Avenue Construction - City of Robbinsdale: A letter dated July 28, 1971, was received from the City of Robbinsdale, request- ing the construction of June Avenue, a boundary street between Robbinsdale and Golden Valley. MOVED by Paulson seconded by Hoover carried to refer the request for construct- ion of June Avenue to the Planning Commission, for recommendation on the necessity of street development. Suburban Public Health Nursing Service Report - June 1971: MOVED by Paulson seconded by Hoover carried to receive and file the Suburban Public Health Nursing Service Report for June, 1971. Northern States Power re: Street Lighting Agreement: A notice dated August 2, 1971, regarding expiration date of the written Agreement dated July 6, 1966, between the Village and Northern States Power Company provides that notice shall be given six months prior to expiration which is March 31, 1972. Said Agreement will continue in force for another five;year period unless notice is given thirty days prior to such expiration to terminate the Agreement. Council recommended continuation of the Agreement and no action be taken. Otto Schmid - Resignation from Human Rights Commission: MOVED by Ulstad seconded by Stockman carried to receive and file the letter of resignation of Otto Schmid from the Human Rights Commission. Request for Trailer Display: The Engineering Consultants of Howard, Needles, Tammen & Bergendoff, presented a request for a mobile information center as a part of Interstate 394 Corridor Location Study. Sites for the information trailer are the Golden Hills Shopping Center and Golden Valley Shopping Center on August 27th & 28th, 1971. 1 1 1 119 Regular Meeting of the Village Council, August 16, 1971 MOVED by Paulson seconded by Hoover carried to apprpve the request for a mobile trailer at the Golden Hills Shopping Center for a future date and Golden Valley Shopping Center on August 27th and 28th, 1971. Request for Pennants & Display - Texaco, Inc., 6980 Wayzata Boulevard• A request for a promotion starting August 19, 1971, and ending August 22, 1971, for display of cases of coke and portable signs and pennants at 6980 Wayzata Boulevard. MOVED by Stockman seconded by Paulson carried to approve the request for pennants and display at 6980 Wayzata Boulevard. Elks Lodge #44 - re: Outdoor Picnic: Mr. Robert Maloy, representing Elks Lodge #44, requested an itinerant food license for a picnic in September. MOVED by Ulstad seconded by Paulson carried to approve an itinerant food license for the Elks Lodge #44 and waive the license fee. License List: MOVED by Paulson seconded by Hoover carried to approve the license list as follows: with #1522, Kwick Shop "Off -Sale" Beer 3.2 subject to police check: No. Licensee 1519 American Motor Sales 1520 Holiday Motor Hotel 1521 George Lansing dba Golden 1522 Kwik Shop 1523 Kwik Shop 1524 Kwik Shop 1525 Elks Lodge #44 Type Fee Vending N.P. $ 5.00 Motel 50.00 Valley Spur Vending N.P. 10.00 "Off -Sale Beer 3.2" 15.00 Food 25.00 Cigarette 6.00 Itinerant Food EXEMPT Invitation to Meet with Planning Commission - August 23, 1971• Mr. Warren Lundsgaard, Chairman of the Planning Commission, invited the Council to meet with the Planning Commission on August 23, 1971, to review the Planned Unit Development Ordinance. Council accepted the invitation. L.E.A. Grant• The Village Manager presented a resolution authorizing the Village Manager as Authority for L.E.A. application, with Crystal and New Hope participating. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Village Manager as Authority for L.E.A. Application) 120 Regular Meeting of the Village Council, August 16, 1971 The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; 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. Pre -Budget Meeting - August 30, 1971: The Village Manager informed the Council of a pre -budget meeting on August 30, 1971, at 7:30 P.M. Intrusion Alarm Agreements: Member Stockman introduced the following resolution and MOVED its adoption: RESOLUTION (Intrusion Alarm Agreements) The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Stockman, Teresi, and Ulstad; and the following voted against the same: None, whereupon said resolution was declar- ed duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page_. Police Policy re: Citizen Complaints: The Director of Public Safety presented a memorandum dated July 30, 1971, regarding Complaint Procedures. Council requested that the procedural guidelines for complaints be made avail- able to the Human Rights Commission and the Police/Community Relations Commit- tee. MOVED by Stockman seconded by Paulson carried to approve and file the Compla- int Procedures for the Police Department. Police Towing Procedure: The Public Safety Director presented a memorandum regarding procedures to be considered in enforcing the Village Towing Ordinance, dated July 13, 1971. MOVED by Paulson seconded by Hoover carried to approve and file the guidelines for towing procedure for the Police Department. Police Department Policy Guideline: The Public Safety Director presented "Police Department Policy Guideline". Regular Meeting of the Village Council, August 16, 1971 MOVED by Ulstad seconded by Hoover carried to approve and file the Police Department Policy Guideline. Request for Public Hearing - Easement Vacation, Lots3 & 4, Block 3, Medle Hills: MOVED by Ulstad seconded by Stockman carried to call a public hearing on Easement Vacation on Lots 3 & 4, Block 3, Medley Hills, on September 20, 1971. Blue Print Machine Purchase: The Village Manager submitted quotations for a new blue print machine as follows: Albinson $1,250.00 Copy Equipment Inc. $1,195.00 Rogers $1,050.00 MOVED by Paulson seconded by Ulstad carried to approve the purchase from Albinson in the amount of $1,250 and transfer $1,250 from the Contingency Fund to Engineering Department, this being the best quotation for a machine not requiring venting. Award of Bid - 71-WM-1, 71 -LF -1: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Village Engineer and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A. M., on August 12, 1971, and publicly opened and read the bids as follows: BIDDER TOTAL BID BOND Hurley Construction $24,131.00 5% Axel Neuman Plumb. & Htg. 13,083.24 " Dycon 12,187.00 It F. D. Chapman Construction 8,953.50 " Q R S 11,815.00 White Construction 12,233.00 " R. A. Luxenburg 12,905.00 " MOVED by Stockman seconded by Paulson carried to approve the low bidder, F. D. Chapman Construction in the amount of $8,953.50. Budget Report - July, 1971: MOVED by Stockman seconded by Paulson carried to receive and file the budget report for July, 1971. 722 Regular Meeting of the Village Council, August 16, 1971 Building Board of Review Minutes - August 3, 1971: MOVED by Stockman seconded by Hoover carried to receive and file the Build- ing Board of Review Minutes for August 3, 1971. Planning Commission Minutes - August 9, 1971: MOVED by Paulson seconded by Hoover carried to receive and file the Planning Commission minutes for August 9, 1971. Request for Public Hearing - 71 -PUD -2, Dempsey Property: MOVED by Stockman seconded by Hoover carried to call a public hearing for 71 -Planned Unit Development - 2, the Dempsey property, on September 7, 1971. Request for Public Hearing - Easement Vacation, Walkway: MOVED by Stockman seconded by Hoover carried to call a public hearing for Easement Vacation of Walkway between Lot 4 & 5, Blk 1 Westurban Subdivision. Joint Meeting Police/Community Relations Committee & Human Rights Commission Minutes, August 10, 1971: MOVED by Stockman seconded by Hoover carried to receive and file the Police/ Community Relations & Human Rights Commission Minutes for August 10, 1971. Board of Zoning Appeals Minutes - August 10, 1971: MOVED by Stockman seconded by Paulson carried to receive and file the Board of Zoning Appeals Minutes for August 10, 1971. Golden Valley Safety Council Minutes - July 19, 1971: MOVED by Ulstad seconded by Paulson carried to receive and file the Golden Valley Safety Council minutes for July 19, 1971. Park & Recreation Commission Minutes - July 19, 1971: MOVED by Paulson seconded by Hoover carried to receive and file the Park & Recreation Commission minutes for July 19, 1971. Apartments - Kavli Addition, St. Louis Park: Council discussed the proposed apartments in Kavli Addition in St. Louis Park, abutting Golden Valley. Council requested the Village Manager to communicate with St. Louis Park on a desire to discuss this item at a joint meeting before final action. Councilman Ulstad stated that he was employed by the developer of the proposed project and would not participate in any council action regarding this matter. Regular Meeting of the Village Council, August 16, 1971 MOVED by Hoover seconded by Stockman carried to adjourn the meeting at 1:00 A. M. Attest: Village Clerk i Mayor 123