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04-17-72 City Council MinutesW? REGULAR MEETING of the VILLAGE COUNCIL April 17, 1972 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 April 17, 1972, at 7:30 o'clock P.M. The following members were present: Hoover, Paulson, Riggs, Stockman, 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; Super- intendent of Building & Zoning, Jon Westlake. Minutes of April 3rd; April 101972: MOVED by Ulstad seconded by Hoover carried to approve the minutes of April 3, 1972, and April 10, 1972, as submitted. Public Hearing - Second Reading - Peddlers & Solicitors Ordinance: MOVED by Stockman seconded by Hoover carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE, SECTION 809:00 ET SEQ. AND 842.00 ET SEQ. INCORPORATING PROVISIONS FOR LICENSING OF PEDDLERS AND SOLICITORS AND PROVIDING REQUIREMENTS FOR THEM" There were no objections to the proposed ordinance. 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: 2 Appeal from Board of Zoning Appeals - Valley Club Condominium: Mr. Mahlon Swedberg, Chairman of Board of Zoning Appeals, reviewed the Board of Zoning Appeals minutes for March 14, 1972, denying the request for waiver of building height and set -back waivers. Mr. Otto Schmid, Planning Consultant for Valley Club Condominium, presented their appeal from the Board of Zoning Appeals. Mr. Meyer Grimmer Requested single family units in 401 France Avenue North the area instead of 90' high building and asked Council to retract the M-2 zoning and go back to single family dwellings. 1 I I Regular Meeting of the Village Council, April 17, 1972 Mary Kirkeby 204 Sunnyridge Lane Mr. L. W. Rossell 416 Meadow Lane North Mr. Charles Coulter Proponent Mr. T. E. Reid 300 Sunnyridge Lane Mrs. Wilcox 400 Sunnyridge Lane Mr. Palmer K. Larson 425 France Avenue North Mrs. Edling 428 Sunnyridge Lane Mr. Denny Gilbert 321 Sunnyridge Lane The Mayor closed the public hearing. Asked how the property happened to be zoned to M-2. Stated there is Federal money avail- able for open green areas. Traffic generated will be a problem. There are ten men involved in the proposed project. Eight would like to reside there. They have purchas- ed the land and are willing to work out any problems dealing with traffic, green areas with the village staff. 80% will be left in green state. While waiting for development of the property can it be improved. No one came to their house regarding the meeting. This area was a swamp years ago, the dumping there is illegal. Has lived there 48 years, how would you like to live by a high rise? The Prudential building is not 10 stories high. Council requested a model of proposed building and site plans, traffic pattern proposed and storm water proposal to be submitted by the proponent. MOVED by Ulstad seconded by Stockman carried to refer the proposal to the Plan- ning Commission for recommendation and defer and continue the appeal to June 5, 1972. Re: Special Assessment 1968 Storm Sewer - Paul J. Juris: The Village Manager presented a request by Mr. Juris for refund of special assessments paid on Lots 4 & 5 Block 2, McDougall-Juris Plat and cancel the balance due for 1968 storm sewer. MOVED by Hoover seconded by Paulson carried to cancel the balance due and refund the special assessments paid on Lots 4 & 5 Block 2, McDougall-Juris Plat, because the lots were not served by the 1968 storm sewer. Club Liquor Licenses: The Village Attorney submitted a memorandum stated that a private club whose Regular Meeting of the Village Council, April 17, 1972 membership standards are exclusionary on the basis of race or color cannot be awarded a public retail liquor license as a matter of constitutional law. Mr. Richard Gustafson, member of Human Rights Commission, stated he favored making this policy in ordinance form in Golden Valley. MOVED by Stockman seconded by Hoover carried that the Council by policy will not issue a liquor license to any organization that restricts membership on the basis of race or color in Golden Valley. Further that when renewing ex- isting licenses a reasonable period will be set for compliance with such policy. Request for Waiver of Platting Ordinance - 2400-2420 Lilac Drive North: The request is for waiver of Platting Ordinance at 2400 - 2420 Lilac Drive North for division of the following property: 2400-2420 Lilac Drive North, Parcel A: Tract A, except the most easterly 181.00 feet thereof. Tract B, except the northerly 95.00 feet of the easterly 136.66 feet thereof, and except that part of the easterly 181.00 feet lying southerly of the northerly 95.00 feet thereof. All in Registered Land Survey No. 1152, according to the plat on file and of record in the office of the Registrar of Titles, County of Hennepin, Subject to an easement for roadway purposes over, under, and across the southerly 30.00 feet of the easterly 76.00 feet thereof. 2411 Unity Avenue - Parcel B: The most easterly 181.00 feet of Tract A. The northerly 95.00 feet of the easterly 136.66 feet and that part of the easterly 131.00 feet lying southerly of the northerly 95.00 feet of Tract B. All in Registered Land Survey No. 1152, according to the plat on file and of record in the office of the Registrar of Titles, County of Hennepin. Subject to an easement for roadway purposes over, under, and across the souther- ly and easterly 30.00 feet thereof. MOVED by Stockman seconded by Paulson carried to approve the Waiver of Plat- ting ordinance for the above referenced property. Member Ulstad abstained. Resolution - Winnetka Avenue Traffic Signals: The Village Engineer reported on the meeting with the residents on Winnetka Avenue regarding the proposed traffic signals at Plymouth and Olympia in the resolution of the council approved on April 3, 1972. Regular Meeting of the Village Council, April 17, 1972 The Public Safety Director spoke regarding traffic control on Winnetka Avenue and endorsed the proposed locations for traffic signals. MOVED by Stockman seconded by Ulstad carried to send the resolution passed by Council on April 3, 1972, to Hennepin County. License List: MOVED by Stockman seconded by Ulstad carried to approve the license list as follows: LICENSES FOR APPROVAL April 17, 1972 NO. Licensee Type Fee 1948 Northwest Swiss -Matic (Coco Cola Co.) Vending NP $ 5.00 1949 Russell's Texaco Station 1875 N.Lilac of 5.00 1950 Business Furniture of 5.00 1951 Rainbow Plastics 5.00 1952 Mr. Joseph Beauty Shop 5.00 1953 Anderson Cadillac 5.00 1954 Larry's "66" Service Station 5.00 1955 Woodfill Service Station 5.00 1956 Apollo Piping Supply 5.00 1957 Board of Realtors `" 5.00 1958 Typhoon Car Wash 5.00 1959 Farmers Insurance 5.00 1960 Reiss Greenhouse " 5.00 1961 Golden Valley Super Valu 5.00 1962 Golden Valley Shell Station 5.00 1963 Qualitek Engineering 5.00 1964 Larry's "66" Service Station 7.50 1965 Larry's "66" Service Station Filling Station 20.00 1966 Jesse Blessing at Ambassador Press Vending NP 5.00 1967 Big Mike's of Golden Valley Food Estab. 25.00 1968 Pako Corp. It 25.00 1969 Dahlberg Electronics Vending P 25.00 1970 Pako Corp. it50.00 1971 Golden Valley Village Hall Vending NP 5.00 1972 Pako Corp. it 27.50 1973 Dahlberg Electronics it12.50 1974 Westwood Hills Service Filling Station 15.00 1975 Liberty Carton Vending NP 7.50 1976 Liberty Carton Vending P 20.00 1977 Liberty Carton " Exempt 1978 Carl Arneson Garbage Hauler 26.00 1979 Vendall Bulk Vending Co. Bulk Vending 15.00 1980 Chardon Co. (Donald R. Winter) And. Cad. Vending NP 5.00 1981 of " Vic's Body Shop " 5.00 1982 itto Mpls. Nor. & So. R.R. it 5.00 1983 to " Winkley Co. If 5.00 1984 Gilbert C. Marty Auctioneer 1.00 continued Regular Meeting of the Village Council, April 17, 1972 Licenses continued: No. Licensee Type Fee 1985 Nortronics, Inc. Vending NP $ 10.00 Memorandum - Valley SprinRRate Shopping Area: The Superintendent of Building and Zoning reviewed the Planning Commission memorandum regarding Valley Springgate Shopping area. MOVED by Stockman seconded by Ulstad carried to receive and file the Planning Commission memorandum. Request for Public Hearing - Planned Unit Development - 2a, Dempsey Property: MOVED by Ulstad seconded by Stockman carried to call a public hearing for Planned Unit Development - 2a on June 5, 1972. Appropriations, Laurelivenue & Pond Treatment: The Village Manager requested transfer of $3,500 from Contingent Fund to the Street Department for street work on Laurel Avenue and $300.00 from Contingent Fund to Inspection Services for pond treatment and sampling in the DeCola area. MOVED by Stockman seconded by Hoover carried to approve the above referenced transfer of funds. Agreement. State_ Highway Department - Sianals at T.H. #100 & CSAH #66: The Village Manager presented an agreement with the State Highway Department for traffic signals at T.H. #100 & CSAH #66. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION (Trunk Highway No. 100 & County State Aid Highway #66) 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: Hoover, Paulson, Riggs, Stockman, and Ulstad; 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 Vill- age Clerk. See Resolutions Book page. Joint Powers ARreement - LOGIS: The Village Manager presented a "Joint and Cooperative Agreement Local Govern- ment Information Systems" to provide for establishment, operation and mainten- ance of data processing facilities and management information systems for the use and benefit of the parties and others. Member Stockman introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, April 17, 1972 "°RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR PARTICIPATION IN A LOCAL GOVERNMENT INFORMATION SYSTEM, AND NAMING A DIRECTOR AND ALTERNATE DIRECTOR TO THE ORGANIZATION" The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following voted in favor thereof: Hoover, Paulson, Riggs, Stockman, 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 /2 13 . MOVED by Ulstad seconded by Stockman carried to appaltit John Murphy as Director and Barkley G. Omans as Alternate Director of the LOGIS organiza- tion. 1971 Police Report: MOVED by Ulstad seconded by Stockman carried to receive and file the 1971 Police Report. 1971 Fire Report: MOVED by Hoover seconded by Stockman carried to receive and file the 1971 Fire Report. March Budget Report: MOVED by Stockman seconded by Ulstad carried to receive and file the March Budget report. Metropolitan Sewer Benefits: The Village Manager reviewed the Metropolitan Sewer Benefits report of ser- vice district #1. Council appointed Member Ulstad to contact the representative from Golden Valley area on behalf of the Village Council regarding Metropolitan Sewer Benefits. Approval of Condemnation Payment, Sweeney_ Lake, 69 -SS -1): The Village Manager requested an appropriation of $22,000 from Public Works reserve fund to the 1969 Construction Fund for reserve on legal cases. MOVED by Stockman seconded by Ulstad carried to approve transfer of $22,000 from Public Works reserve fund to 1969 Construction Fund. MOVED by Ulstad seconded by Stockman carried to approve payment of condemna- tion award to Romaniak in the amount of $14,500.00 Request for Public Hearing - Sanitary Sewer (72 -LF -1): Regular Meeting of the Village Council, April 17, 1972 MOVED by Stockman seconded by Ulstad carried to remove this item from the Agenda by request of the Village Manager. Appointments to Boards & Commissions: MOVED by Hoover seconded by Stockman carried to appoint A — Charles Burmeister to the Park & Recreation Commission for a one year term to replace Raymond E. Brand, and send letters to other interviewees regarding appointment as soon as openings occur. MOVED by Ulstad seconded by Hoover carried to reappoint William Barbeau to the Human Rights Commission for a one year term expiring March 1, 1973. Board of Zoning Appeals Minutes - April 12, 1972: MOVED by Hoover seconded by Ulstad carried to receive and file the Board of Zoning appeals minutes for April 12, 1972. Planning Commission Minutes - April 10, 1972: MOVED by Stockman seconded by Ulstad carried to receive and file the Planning Commission minutes for April 10, 1972. Building Board of Review Minutes - April 4, 1972: MOVED by Ulstad seconded by Stockman carried to receive and file the Building Board of Review minutes for April 4, 1972. Environmental Commission Minutes - April 10, 1972: MOVED by Stockman seconded by Ulstad carried to receive and file the Environ- mental Commission minutes for April 10, 1972. Request for Waiver of Platting Ordinance - 4225 Golden Valley Road: The request by Health Central, Inc., is for waiver of Platting Ordinance at 4225 Golden Valley Road for division of the following property: PARCEL NO. 1: That part of the east 402 feet of the west 434.5 feet of the SE 1/4 of the NE 1/4 of Section 18, Township 29, Range 24, lying south of the centerline of County Road No. 66. The east 402 feet of the west 434.5 feet of the North 380 feet of the NE 1/4 of the SE 1/4 of Section 18, Township 29, Range 24, Hennepin County, Minnesota. PARCEL NO. 2: That part of the east 120 feet of the west 554.5 feet of the SE 1/4 of the NE 1/4 of Section 18, Township 29, Range 24, lying Regular Meeting of the Village Council, April 17, 1972 south of the centerline of County Road No. 66 (also known as Golden Valley Road). The east 120 feet of the west 554.5 feet of the north 220 feet of the NE 1/4 of the SE 1/4 of Section 18, Township 29, Range 24, Hennepin County, Minnesota. PARCEL NO. 3: That part of the east 50' of the west 604.5 feet of the SE 1/4 of the NE 1/4 of Section 18, Township 20, Range 24 lying south of the centerline of County Road #66. The east 50 feet of the west 604.5 feet of the north 220 feet of the NE 1/4 of the SE 1/4 of Section 18, Township 29, Range 24, all in Hennepin County, Minnesota. MOVED by Stockman seconded by Hoover carried to approve the Waiver of Platting Ordinance subject to the following: 1. The Village Council conditioned its approval of the request on the express restriction that no building construction could ever take place within the area to be covered by the proposed conveyance. 2. The waiver was further made expressly subject to the con- dition that the area proposed to be conveyed could not be used for the purpose of computing square footage of the parcel so as to permit a larger building on this basis alone. Rather, allowable building construction area, with- in the total parcel owned by the clinic facility, would always have to be computed without reference to this con- veyance as to which the instant platting waiver is being sought. 3. Finally the Council expressly conditioned its approval of the waiver on the basis that the deed of conveyance from Health Central to the clinic must be made subject to the building and construction limitations set forth in paragraphs 1 and 2 above. Request for Waiver of Platting Ordinance - 8621 Tenth Avenue North: The request by Premier Realty is for waiver of Platting Ordinance at 8621 Tenth Avenue North for division of the following property: "The north 375.15 feet of Lot 9, "Busch`s Golden Valley Acres", lying west of the east 186.69 feet thereof." MOVED by Stockman seconded by Ulstad carried to approve the Waiver of Platting Ordinance for the above referenced property, subject to a landscape bond. Regular Meeting of the Village Council, April 17, 1972 Re: Hennepin County League of Municipalities Resolution• All present agreed to add the above item to the agenda. Council discussed the resolution of the Hennepin County League of Municipalities regarding the role of the Metropolitan Council and took no action. Sidewalks - South Side of Glenwood Avenue: All present agreed to add the above item to the agenda. The request for sidewalk construction to be on the south side of Glenwood Avenue instead of the north side as proposed was discussed by Council. The Village Engineer will survey the south side of Glenwood Avenue and sub- mit a report on the cost of sidewalk construction. Bills and Claims: MOVED by Stockman seconded by Ulstad carried to approve the bills as submitted on the prelist. MOVED by Hoover seconded by Ulstad carried to adjourn the meeting at 11:45 P.M., Member Paulson left the meeting at 10:20 P.M. Mayor Attest: Village Clerk 1