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05-07-73 City Council Minutes1 1 71 REGULAR MEETING of the VILLAGE COUNCIL May 7, 1973 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 May 7, 1973, at 7:30 P. M. The following members were present: Bix, Hoover, Moberg, Riggs and Ulstad; and the following were absent: None. Present were Village Manager, Barkley G. Omand; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland, Director of Planning & Inspections, Jon Westlake, Acting Village Clerk, Phyllis Jordahl. Minutes of April 16, 1973: MOVED by Bix seconded by Hoover carried to approve the minutes of April 16, 1973, as submitted. Public Hearing - Public Improvements - 73 -SI -5: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (73 -SI -5) described in the resolution of this Council relating thereto; adopted on March 19, 1973. 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. Obiector Bill Busch 915 Boone Avenue The Mayor closed the public hearing. Obi ection Like to see project delayed 2-3 years until street is broken up. It will destroy 10-15 fifty year old trees. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSER PUBLIC IMPROVEMENTS 73 -SI -5 The motion for the adoption of the foregoing resolution was duly seconded by Member Moberg, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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 Clerk. See Resolutions Book page. Regular Meeting of the Village Council, May 7, 1973 Mernbek Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 73 -SI -5 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: Bix, Hoover, Moberg, Riggs 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 page6e)�. Public Hearing - Public Improvements - 73 -SI -6: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (73 -SI -6) described in the resolution of this Council relating thereto, adopted on April 2, 1973. 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 OBJECTION Robert Johnson When the petition was presented to 1940 Sumter him, he felt misrepresentation was involved. Jim Wilbur When the petition was presented to 2001 Sumter him, he didn't have the chance to approve or disapprove, just ask for a public hearing. Is against curb, the sides are in good shape. J. Perkins Never notified of public hearing. 1941 Sumter Against it. The Mayor then closed the public hearing. MOVED by Bix seconded by Ulstad carried to continue the public hearing for two weeks to check out the rest of the petitioners. Public Hear_injz - Public Improvements - 73 -SI -7: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (73 -SI -7) described in the resolution of this Council relating thereto, adopted on April 16, 1973. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. RIM Regular Meeting of the Village Council, May 7, 1973 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. The Mayor closed the public hearing. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 73 -SI -7 The motion for the adoption of the foregoing resolution was duly seconded by Member Bix, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, Ulstad; and the fol- lowing 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 Clerk. See Resolutions Book page. Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 73 -SI -7 The motion for the adoption of the foregoing resolution was duly seconded by Member Moberg, and upon vote being taken thereon, the following members voted in favor thereof: Bix, Hoover, Moberg, Riggs, 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 Clerk. See Resolutions Book page 4P3 . Public Hearing - Public Improvements - 73 -SI -8: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (73 -SI -8) described in the resolution of this Council relating thereto, adopted on April 16, 1973. 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. The Mayor closed the public hearing. Member Moberg introduced the following resolution and MOVED its adoption. RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 73 -SI -8 74 Regular Meeting of the Village Council, May 7, 1973 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: Bix, Hoover, Moberg, Riggs 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_ _§ . Member Moberg introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (73 -SI -8) 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: Bix, Hoover, Moberg, Riggs, 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 (Q 6 Public Hearing, - Public Improvements - 73 LF 3: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (73 -LF -3) described in the resolution of this Council relating thereto adopted on March 19, 1973. 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. OBJECTOR' R. L. Larson 9036 Elgin Place Bob Hulstad 2500 Mendelssohn G. W. Gunderson 2430 Mendelssohn Kathy Herje 8805 Elgin Place The Mayor closed the public hearing. OBJECTION Any more assessments Where is the lateral and what is the cost? Will it be a double assessment. Like to ask them to postpone the sewer construction until a build- ing permit or something definite is being planned for that area. If Duluth does not go through, wouldn't it be unwise to put a sewer in there? Member Bix introduced the following resolution and MOVED its adoption. 1 1 1 1 1 Regular Meeting of the Village Council, May 7, 1973 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 73 -LF -3 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: Bix, Hoover, Moberg, Riggs, 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- (_-. Member Bix introduced the following resolution and Moved its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION" (73 -LF -3) 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: Bix, Hoover, Moberg, Riggs, 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. Public Hearing - Zonine Institutional - VFW - 2340 Mendelssohn Avenue North: 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. The Mayor announced that this was the time and place for the public hearing referred to and all persons present to do so were afforded opportunity to express their views thereon. John Sampson, Chairman of the Planning Commission reviewed the stand of the Planning Commission on this item. The proponent was represented by John E. Deihl, who presented Bob Ellison, 7th District Jr. Commander of the Post, Mrs. Voss, 1445 Kelly Drive who represented the 4 H in that area and told of the cooperation the VFW gives the youth, Ken Weller, 9200 Earl Street, Post Commander, who gave the 13 year history of the post. Deihl asked the people in favor to stand and there were 22 in attendance and then he asked the people opposed to stand and there were 17. OBJECTOR Marilyn Gaulrapp 2016 Independence G. W. Gunderson 2430 Mendelssohn Avenue OBJECTION Presented a petition against the location of the post home. Closest adjacent neighbor and is not opposed to it zoned Institutional Regular Meeting of the Village Council, May 7, 1973 R. L. Larson 9036 Elgin Place Clara Sorum 600 North Lilac Drive Paul Anderson 2233 Ensign Ave. No. John Vanderhagen 2016 Ensign Ave. No. Dorothy Weller 9200 Earl Street The Mayor closed the public hearing. What is the buffer to the Park? Someday your boy will be a Veteran, where will his Post Home be? Questioned the ten lodges in the area. Object to having a park and liquor served side by side to a playground This property does adjoin Commercial Property. Can see no detriment to the near area. VFW has complied to all requirements. I request it be granted. MOVED by Bix seconded by Ulstad carried to continue this public hearing so that the VFW can have time to negotiate to see if they can move the building to the north. Waiver of Platting Ordinance - 2340 Mendelssohn Avenue North: MOVED by Bix seconded by Hoover, carried to continue this item to the next meeting. Certification of Assessments - Briarwood: 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. The Mayor announced that this was the time and place for the public hearing referred to and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections. The Mayor closed the public hearing. Member Moberg introduced and read 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: Bix, Hoover, Moberg, Riggs 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_. 1 1 Regular Meeting of the Village Council, May 7, 1973 Jewelmont Corporation MOVED by Bix seconded by Ulstad to accept and enter into negotiations with Jewelmont Corporation limiting municipal financing to 75% and that 75% be limited to land and buildings. Roll Call vote was taken, 3 yea, Bix, Hoover, Ulstad, 2 nay, Riggs and Moberg. Declination of Appointment - James E. Wilbur: MOVED by Bix, seconded by Ulstad, carried to receive and file the communication from James E. Wilbur declining the appointment to the Safety Council. T. H. 100 & Culver Road: A communication was presented from the Safety Council. MOVED by Ulstad seconded by Moberg carried to request the Minnesota Highway Department to study the safety conditions of the two access points of the Northbound Highway 100 and the East Frontage Road north of Bassetts Creek and to recommend any improvements necessary. Hennepin County League regarding Annual Membership Meeting: Discussion ensured regarding the adoption of the proposed resolution to redirect, strengthen and increase dues for the League. MOVED by Bix to adopt the resolution. The motion died for lack of a second. MOVED by Ulstad seconded by Hoover carried to authorize our representative to support this organization for this year. Annointment to the Region G Criminal Justice Advisory Committee of the Metropolitan Council - David Gorski: MOVED by Hoover seconded by Moberg carried to extend congratulations to Public Safety Director David Gorski for his appointment to the Metropolitan Council. Skyline Builders re: Trailer: The Manager showed a picture of the construction trailer that has been on the Travilla Nursing Home site for quite a period of time. MOVED by Bix seconded by Ulstad carried to request Skyline Builders to forthwith remove the trailer. West Suburban Builders re: 5245 Culver Road - Building, Permit: David Dietrich was present for the proponent to ask for a building permit for 5245 Culver Road. MOVED by Ulstad seconded by Hoover carried to deny the request for a building permit because it is an unbuildable lot and defer any special assessments for a period of five years and at that time review this lot to determine the availability of building. Regular Meeting of the Village Council, May 7, 1973 Human Rights Commission re: David Jones Inc. educational consulting service• Ann Graves presented the plan of the workshop to the Village Council. MOVED by Moberg seconded by Ulstad to authorize the Village Council to enter into contract with David Jones Inc., for educational consulting services not to exceed a maximum of $1,500.00. The motion carried with one nay. License List: MOVED by Bix seconded by Ulstad carried to approve the license list as follows: LICENSES FOR APPROVAL May 7, 1973 No. Licensee Type Fee 2519 Miss Swiss Corp. Malt "Off Sale" $25.00 2520 Rodney Taylor Solicit 10.00 2521 Gilbert C. Marty Auctioneer 1.00 2522 I B M Company Vending NP 15.00 2523 R. E. Fritz Vending NP 5.00 Award of Bids - 73 Curb & Gutter: The following tabulation of bids was presented from the bid opening of May 3, 1973 at 11:00 A.M. Woog Bros. Construction Company $26,301.00 Inver Grove Heights, 55075 Progressive Contractors Inc. 27,742.70 Osseo.,.. -55369 Walter Carlson 29,818.00 2246 Edgewood Ave. S. 55426 Arnold Beckman, Inc. 30,121.20 9649 Humboldt Ave. S. 55431 MOVED by Ulstad seconded by Bix carried to accept the low bid in the amount of $26,301.00 and award the bid for the concrete curb and gutter to Woog Bros. - Construction Company. Pool Inspection: Tom Oas, The Golden Valley Sanitarian, was present to ask that the Council adopt the State of Minnesota Swimming Pool Code as a guideline and to establish an inspection fee. MOVED by Bix to establish a licensing ordinance for public swimming pools and adopt the State code by reference with an inspection fee. The motion died for lack of a second. Regular Meeting of the Village Council, May 7, 1973 Police Department Monthly Activity Report - February, 1973: MOVED by Ulstad seconded by Moberg carried to receive and file the Police Department Monthly Activity Report for February, 1973. Public Safety Building Contract: The Manager presented three proposals for the remodeling of the Public Safety Building addition. MOVED by Hoover seconded by Bix carried to approve Change Order X68 in the amount of $5,451.00. The Manager presented a quotation for some furniture needed by the Fire Department. MOVED by Bix seconded by Moberg carried to appropriate from the Contingency fund to the Fire Department Budget the amount of $3,415.00. Quotations & Awards - Hydraulic Hoist Sewer Jet Hose: The Village Manager presented the following quotations: Hydraulic Jack & Equipment Company 8,000 pound Weaver Lift, installed $1,627.95 Hale Company Rotary DT028H Hoist, installed $1,952.00 MOVED by Ulstad seconded by Moberg carried to accept and award the bid to the low bidder Hydraulic Jack & Equipment Company in the amount of $1,627.95. The Village Manager presented the following quotations: Flexible Pipe Tool Company $ 975.00 OES Hose Flexible Pipe Tool Company $1,325.00 SUPER HDAR Heavy -Duty Hose Lin for Inc. Fluid Power A416 Hose $ 731.12 Ritchie Engineering 3000-16 Synflex Hose $ 740.01 MOVED by Ulstad seconded by Hoover carried to accept and approve the high bid because of the past experience,.in the amount of $1,325.00. Leave of Absence - Phyllis J. Jordahl: Member Moberg introduced the following resolution and MOVED its adoption: Regular Meeting of the Village Council, May 7, 1973 RESOLUTION (Granting Leave of Absence to Phyllis Jordahl) 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: Bix, Hoover, Moberg, Riggs 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 page. Waiver of Plattinc Ordinance - 6900 - 6922 Winsdale Street: The proponent requested a two week continuance on this item. MOVED by Ulstad seconded by Moberg carried to continue this item to the May 21, 1973 Council meeting. Waiver of Platting Ordinance - 2510 Douglas Drive: Mrs. Donald Weld and Mrs. Larry Schwartz, the proponents presented their views to the Council stating that time was of essence and the two homes that they are proposing would be a residential continuity to Lamplighter area. Mr. Toritsky, 1504 Plymouth Avenue, owner of the abutting property, was con- cerned with a cul-de-sac or turn - around to the rear of his property. Lorraine Nelson of 2430 Douglas Drive asked for a continuance on this item because they were trying to organize and get an attorney against this propo- sition. MOVED by Bix, seconded by Moberg, carried to continue this item to the next meeting. Waiver of Platting Ordinance - 90202 9030, 9040 Duluth Street: The request is for waiver of the Platting Ordinance for division of the follow- ing property: 9020 Duluth Street: That part of Lot 4, Block 2, McDOUGALL-JURIS ADDITION lying Easterly of the following described line and its Southerly extension: Beginning at a point on the Southerly line of said Lot 4, distant 106.96 feet Westerly along said Southerly line from the Southeast corner of said Lot 4; thence Northerly to a point on the Northerly line of said Lot 4, distant 87.50 feet Westerly along said North line from the Northeast corner of said Lot 4 and there term- inate. Subject to easements of record. 9030 Duluth Street: That part of Lot 5, Block 2, lying Easterly of the following described line and its Southerly extension: Beginning at a point on the Southerly line of Said Lot 5, distant 100.00 feet Easterly along said Southerly line from the Southwest corner of said Lot 5, thence North parallel with the West line of said Lot 5, a distance of 65.00 feet; thence Northwesterly 58.47 feet to the Regular Meeting of the Village Council, May 7, 1973 angle point in the Northerly line of said Lot 5 and there terminate. Also that part of Lot 4, Block 2, lying Westerly of the following described line and its Northerly extension: Beginning at a point on the Southerly line of said Lot 4, distant 106.96 feet Westerly along said Southerly line from the Southeast corner of said Lot 4; thence Northerly to a point on the Northerly line of said Lot 4, distant 87.50 feet Westerly along said North line from the Northeast corner of Said Lot 4 and there terminate. All in McDOUGALL- JURIS ADDITION. Subject to easements of records. 9040 Duluth Street: That part of Lot 5, Block 2, McDOUGALL-JURIS ADDITION lying Westerly of the following described line and its Northerly extension: Beginning at a point on the Southerly line of said Lot 5, distant 100.00 feet Easterly along said Southerly line from the Southwest corner of said Lot 5, thence North parallel with the West line of said Lot 5, a distance of 65.00 feet; thence Northwest- erly 58.47 feet to the angle point in the Northerly line of said Lot 5 and there terminate. Subject to any easement of record. MOVED by Ulstad seconded by Bix carried to approve the Waiver of Platting Ordinance for the above referenced property. Hansord West Pontiac - Building Permit Report: Jon Westlake apprised the Council of the Building Permit for Hansord West Pontiac due to the proximity to the Saint Louis Park Nature Center and the comprehensive plan proposals. Request for Public Hearing - Public Improvements 73 RSL 50, 73 SI 10, 73 LF 4, 73 WM 4 (June 4, 1973): Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS (RSL 50, 73 SI 10, 73 LF 4, 73 WM 4) 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: Bix, Hoover, Moberg, Riggs, 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 'g Resolution - Dust Abatement, Kewanee Way 73 DA 1: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING DUST TREATMENT FOR CERTAIN STREETS Kewanee Way The motion for the adoption of the foregoing resolution was duly seconded by Member Moberg and, upon vote being taken thereon, the following members voted in favor thereof; Bix, Hoover, Moberg, Riggs, 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 r" - o Regular Meeting of the Village Council, May 7, 1973 Village Clerk. See Resolutions Book Page. Annual Statutory Financial Report: MOVED by Moberg seconded by Hoover carried to receive and file the Annual Statutory Financial Report. Golden Valley Safety Council Minutes - March 26, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Golden Valley Safety Council Minutes of March 26, 1973. Civil Service Commission Minutes - April 24, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Civil Service Commission Minutes of April 24, 1973. Planning, Commission Minutes - April 23, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Planning Commission Minutes of April 23, 1973: Kathy Herje presented to the Council the proposed names for the Committee Advisory to the Planning Commission for the Ad -Hoc Committee on Open Space. MOVED by Ulstad seconded by Hoover carried to make the recommended appoint- ments as proposed. Human Rights Commission Minutes, April 12, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Human Rights Commission Minutes of April 12, 1973. Police/Community Relations Minutes - April 10, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Police/ Community Relations Minutes of April 10, 1973. Park & Recreation Commission Minutes of April 26, 1973: MOVED by Moberg seconded by Hoover carried to receive and file the Park & Recreation Commission Minutes of April 26, 1973. Environmental Commission re: Lawn & Garden Clinic Report: MOVED by Moberg seconded by Hoover carried to receive and file the Environ- mental Commission Lawn & Garden Clinic Report. Bills & Claims: MOVED by Bix seconded by Ulstad carried to approve the bills as submitted on the prelist. Regular Meeting of the Village Council, May 7, 1973 MOVED by Bix seconded by Ulstad carried to offer settlement of claims as follows: Stanley W. Hansen $200 K. T. McGowen 300 MOVED by Bix seconded by Hoover carried to adjourn the meeting at 2:07 A. M. Attest: 1 Village Clerk 411, May u3