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10-04-71 City Council Minutes15 1 REGULAR MEETING of the VILLAGE COUNCIL October 4, 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 October 4, 1971, at 7:30 o'clock P. M. The following members were present: Hoover, Stockman, Teresi, and Ulstad; and the following were absent: Paulson. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Tom Snetsinger; Village Clerk, Helen Penniman; Supt. of Building and Zoning, Jon Westlake. Minutes of September 20th & September 21, 1971: MOVED by Ulstad seconded by Stockman carried to approve the minutes of September 20th & September 21, 1971, as submitted. Environmental Project: All present agreed to add the above item to the agenda. Three boys from the Golden Valley School District appeared to request the Village Council to pass an ordinance to "Ban the Can" similar to the City of St. Louis Park. John Omans, Robert Clark and Dean Rozel each gave a report to council urging the passage of this proposed ordinance. MOVED by Stockman seconded by Hoover to refer the proposed ordinance to the Environmental Committee. Public Hearing - 1971 Special Assessment Roll: The Village Clerk presented the 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 hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: Street Improvements: 70 -SI -10: Mr. Robert Riggs, 6453 Westchester Circle, requested the assess- ment rate of $2.69 per front foot, the rate applied when the project was constructed in 1965. Mr. Frank Warner, 6461 Westchester Circle, has the same construction situa- tion. 152 Regular Meeting of the Village Council, October 4, 1971 MOVED by Stockman seconded by Hoover carried that the construction rate of $2.69 per front foot be applied to both of these properties for assessment, for street surfacing under 70 -SI -10. State Aid Improvement - 70: Mr. Robert Brenny, representing Premier Realty, requested a one year defer- ment on the street improvement and agreed to pay the additional interest charges at the rate of 8 percent. MOVED by Stockman seconded by Ulstad carried to defer Premier Realty portion of State Aid Improvement - 70 from the assessment roll until 1972 and add the 8% interest charges for the construction. The Mayor closed the public hearing. Member Ulstad introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS" The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following voted in favor thereof: Hoover, 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 9 y MOVED by Stockman seconded by Hoover carried to certify delinquent utility service charges and delinquent weed control charges for 1971. 1972 Budget: MOVED by Ulstad seconded by Stockman carried to amend the budget as proposed by the Village Manager by adding $12,000 for Park Maintenance and $38,000 for Park Construction. Member Stockman introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING THE BUDGET FOR 1972 AND ESTABLISHING THE VILLAGE PROPERTY TAX LEVY FOR 1971 COLLECTIBLE IN 1972" The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Stockman, Teresi, and Ulstad; and the following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor and his signature attest- ed by the Village Clerk. See Resolutions Book page I I - Member Ulstad introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, October 4, 1971 "RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 19771 LEVY FOR VARIOUS D ROVEMENT BONDS" The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following voted in favor thereof: Hoover, Stockman, Teresi, and Ulstad; and the follow- ing voted against the same: None, whereupon said resolution was duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page_,ay. Second Reading Ordinance Codification of Traffic Ordinance: MOVED by Ulstad seconded by Stockman carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (State Traffic Code Incorporated by Reference, Including Petit Misdemeanor Law) MOVED by Stockman seconded by Hoover carried to approve the ordinance here- in quoted by title on its second reading and to order publication thereof. See Ordinance Book pageLL Mr. Richard Bloom, 4417 Avondale Road, questioned if this ordinance would conflict with the comprehensive plan the Planning Commission is preparing. Request Waiver of Platting Ordinance -.205 Georgia Ave No., Arlow W Drewlow: Mr. Arlow W. Drewlow, 205 Georgia Avenue North, was present to request a waiver of platting ordinance. The Superintendent of Building & Zoning presented the request for Waiver of Platting Ordinance for 205 Georgia Avenue North and 201 Georgia Avenue North, subject to Planning Commission stipulations, see minutes of August 23, 1971, for division of the following property: 205 Georgia Avenue North South 134.25 feet of North 566.25 feet of Lot 8, Auditor's Subdivision #322, Hennepin County, Minnesota. 201 Georgia Avenue North: That part of Lot 8, Auditor's Subdivision No. 322, Hennepin County, Minnesota, lying South of the North 566.25 feet thereof. MOVED by Hoover seconded by Stockman carried to approve the Waiver of Plat- ting Ordinance for the above referenced property, subject to stipulations of the Planning Commission, see minutes of August 23, 1971. 15� Regular Meeting of the Village Council, October 4, 1971 Request Waiver of Platting, Ordinance -.4960 Duluth Street_, Erwin Stobbe: The Superintendent of Building & Zoning presented the request for Waiver of Platting Ordinance for 4960 Duluth Street, subject to Planning Commis- sion, the Engineering Department establishing the grade and the two single family dwellings being constructed before the double bungalow, for division of the following property: PARCEL "A" 1920 Regent Avenue North: That part of Lot 62, Auditors Subdivision No. 330, Hennepin County, Minnesota described as follows: Commencing at a pcint on the East line of Regent Ave., Distant 100.0 feet south of the south line of Westurban as platted and of record, thence easterly at right angles to said east line of Regent Ave., distant 130.0 feet, thence northeasterly distant 134.54 feet more or less to the northwest corner of Lot 4, Block 1, West - urban 2nd Addition as platted and of record, said corner also being on the south line of said Westurban, thence westerly along said south line of Westurban 219.7 feet more or less to the east line of Regent Ave., thence south to the point of beginning, said parcel containing 0.401 acres. PARCEL "B" 4960 County Road #66: That part of Lot 62, Auditors Subdivision No. 330, Hennepin the County, Minnesota described as follows: Commencing at intersection of the east line of Regent Avenue and the south line of Westurban as platted and of record, thence southerly along said east line distant 100.0 feet to a point, said point being the point of beginning of parcel to be described, thence continuing along said east line a distance of 30 feet, thence easterly at right angles to said line a distance of 115.0 feet, thence southerly parallel to said east line a distance of 120.72 feet more or less to the northerly line of Hennepin County Road #66 as opened through said Lot 62, thence easterly along said northerly line of said County Road 66 a distance of 105.64 feet more or less to the west line of Westurban 2nd Addition as platted and of record, thence northerly along said west line a distance of 235.96 feet more or less to the south line of said Westurban, thence southwesterly a distance of 134.34 feet more or less to a point, said point being the east end of a line drawn from the point of beginning and said line being at right angles to, and 130.0 feet in length, as measured from the east line of Regent Ave., thence westerly 130.0 feet to the point of beginning, said parcel containing 0.446 Acres. PARCEL "C" 1900 Regent Avenue North: That part of Lot 62, Auditors Subdivision 330, Hennepin County, Minnesota described as follows; Commencing at the intersection of the east line of Regent Ave., and the south line of Westur- ban as platted and of record, thence southerly along said east 155 Regular Meeting of the Village Council, October 4, 1971 line a distance of 130.0 feet to the point of beginning of parcel to be described, thence easterly at right angles to said east line a distance of 115.0 feet, thence southerly parallel to said east line a distance of 120.72 feet more or less to the north line of Hennepin County Road 66 as opened through said lot 62, thence westerly along said northerly line of said county road a distance of 115.35 feet more or less to the east line of Regent Ave., thence northerly along said east line 112.85 feet more or less to the point of beginning, said parcel containing 0.314 acres. Mr. Ted Priem, 4980 Sorrell Avenue, expressed apprehension about two family dwelling establishing a precedent in the area. Mrs. Idell Coran, 2025 Scott Avenue North, would like to see the property improved. The Mayor closed the public hearing. MOVED by Stockman seconded by Ulstad carried to approve the Waiver of Platting Ordinance for the above referenced property, subject to stipu- lations of the Planning Commission: 1. The requirements of the Board of Zoning Appeals (9-14-71 minutes), and 2. No ingress or egress for vehicle movement on County Road #66 for the proposed lots, that the lot division, labeled Exhibit "A" and filed in the Village Building Department, be ap- proved by the Village Planning Commission, that the two single dwellings be built before the double bungalow, that the Engineering Department es tablish the grades & secure drainage and utility easements. Communication - Friends of the Library: MOVED by Hoover seconded by Stockman carried to receive and file a thank you letter from the Friends of the Golden Valley Library. Re: Office Building on Glenwood Avenue: A letter and resolution was received from the Chairman of the School Board of Independent School District #275 regarding traffic -safety problems if the proposed structure is approved at Glenwood Avenue and the area East of T.H. #100. MOVED by Stockman seconded by Hoover carried to receive and file the letter from Independent School District #275. Village Insurance Company re: Sweeney Lake Case: The Village Attorney commented on the Sweeney Lake case with regard to the village insurance company's coverage. MOVED by Stockman seconded by Hoover carried to receive and file the letter from the village insurance company dated September 21, 1971. Oak Leaf Corporation, 5100 Wayzata Boulevard - "On -Sale" Liquor License: 156 Regular Meeting of the Village Council, October 4, 1971 Mr. Ralph Green appeared to request an "On -Sale" Liquro license for the Oak Leaf Corporation at 5100 Wayzata Boulevard, for 150 unit Motel, restaurant and bar, estimated valuation of $2,000,000. The architect and Mr. Smith of Knutson Construction Company were present to present proposed plans for the motel. MOVED by Hoover seconded by Stockman carried to defer the request for two weeks to October 18, 1971. New Corporation - The Point Supper Club, Inc., "On -Sale" Liquor License: Mr. Stanley M. Taube, Attorney for The Point Supper Club, Inc., representing Irwin Benowitz, requested an "On -Sale" liquor license for The Point at 7711 Golden Valley Road. Mr. Hork, representing the present licensee, was present t6 answer questions for council. MOVED by Stockman seconded by Ulstad carried unanimously to deny the request for an "On -Sale" liquor license for The Point Supper Club, Inc., at 7711 Golden Valley Road. Reconveyance of Village Property - Duluth St., & Kelly Dr., to State: The Village Manager presented the figures on the assessments for the tax for- feited property the village obtained at Duluth Street and Kelly Drive. The Village has no use for the property and the request is for reconveyance to the State of Minnesota. MOVED by Stockman seconded by Ulstad carried to request Member Hoover to contact the Independent School District #281 and inform them of the intention of the village to reconvey the land to the State of Minnesota. Transfer of Funds from Contingency to Attorney's Fund: The Village Manager requested that $4,000 be tranferred from the Contingency Fund to the Attorney's Fund for payment of Johnson, Thompson, Spring & Klav- erkamp attorney's bill for services relating to restraining order or injunc- tion against the contemplated apartment project in St. Louis Park. MOVED by Stockman seconded by Hoover carried to approve the transfer of $4,000 from Contingency fund to the Attorney's budget in the 1971 budget. Quotations - Hockey Rink Construction Materials: The Village Manager submitted quotations for hockey rink construction materials as follows: Federal Lumber $1,120.96 Thompson Lumber $1,167.21 Hamel Lumber $1,337.94 MOVED by Ulstad seconded by Hoover carried to approve the quotation of Federal Lumber Company in the amount of $1,120.96, to be paid from 1971 park construc- tion budget. 157 Regular Meeting of the Village Council, October 4, 1971 Planning Commission Minutes - September 27, 1971: MOVED by Stockman seconded by Hoover carried to receive and file the Planning Commission minutes for September 27, 1971. Joint Meeting with St. Louis Park Minutes - September 16, 1971: MOVED by Hoover seconded by Stockman carried to receive and file the Joint meeting with St. Louis Park minutes for September 16, 1971. Existing Operation - Point Supper Club: The Village Manager and Village Sanitarian reported on violations exist- ing at the Point Supper Club and recommended correction and suspension of the Food License until conditions are corrected. MOVED by Hoover seconded by Ulstad carried to suspend the food license, for violation of health standards, until corrected and that the Village Manager notify the Point Supper Club of other violations; further, that the Cc,incil authorize legal action if necessary to correct the situation. Appointments to Human Rights Commission: MOVED by Stockman seconded by Hoover carried to appoint Mrs. Ann Graves to the Human Rights Commission, term expiring in March 1974. MOVED by Ulstad seconded by Stockman carried to appoint Mrs. Coleen Hauck to the Human Rights Commission, Term expiring in March 1972. Appointment to Planning Commission: MOVED by Hoover seconded by Stockman carried to appoint John E. Sampson to the Planning Commission, term expiring in March 1973. Appointment to Golden Valley Safety Council: MOVED by Stockman seconded by Ulstad carried to appoint Mrs. John Glimmer- veen to the Golden Valley Safety Council. Appointment to Environmental Committee: MOVED by Ulstad seconded by Hoover carried to appoint John Homme to the Environmental Committee. Personnel Agreement: MOVED by Stockman seconded by Hoover carried to authorize the Mayor and Village Manager to enter into a personnel agreement with the Police Chief regarding retirement. Bills & Claims: 158 Regular Meeting of the Village Council, October 4, 1971 MOVED by Ulstad seconded by Hoover carried to approve the bills as submit- ted on the prelist. MOVED by Stockman seconded by Ulstad carried to adjourn the meeting at 12:10 A. M. Attest: � � n Village Clerk ::O� �� h Mayyw T 1