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05-21-73 City Council MinutesREGULAR MEETING of the Village Council May 21, 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 21, 1973, at 7:30 o'clock 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. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Dir- ector of Planning & Inspections, Jon Westlake. Minutes of May 7, 1973: MOVED by Moberg seconded by Bix carried to approve the minutes of May 7, 1973, as submitted. Waiver of Platting Ordinance - 6900-6922 Winsdale Street: Mr. Jery Korba, Attorney, representing owners of lots 134 and 136, stated that merger of title does not apply to said lots, and asked for approval for building permits on both lots. Mr. John Thomas, 1505 Jersey Avenue North, stated he had no objection to a house being constructed on lot 134. Mr. Wm. Gibbs, 6840 Winsdale Street, asked if lots 135 and 136 were merged. Council took no action on lot 134 Belmont Addition. MOVED by Moberg seconded by Bix carried to deny the request for waiver of the Platting Ordinance for Lots 135 and 136 Belmont Addition (6922 Winsdale Street). Waiver of Platting Ordinance - 2510 Douglas Drive: Mr. Charles Tatsuda, Attorney representing Dr. Paul Hiller, 6127 Heritage Circle, requested Council to continue this question to June 4, 1973. Mr. Jon Westlake reviewed the Planning Commission recommendation from the meeting of September, 1971. A representative for the residents on Wynwood Road spoke in opposition to the proposed road. Mr. E. 0. Sorenson, 2510 Douglas Drive, requested that Council settle the matter and get it over with. Mrs. Lorraine Nelson, 2430 Douglas Drive, stated the traffic count is up 8 1) Regular Meeting of the Village Council, May 21, 1973 on Douglas Drive and she is against the road being constructed. Mr. Paul A. Welter, 2565 Brunswick Avenue North, supported construction of the proposed road. Mr. Stan Cox, 6117 Heritage Circle, questioned if he would be assessed for the road. Mr. Arlene Brusven, 6107 Heritage Circle, in favor of road construction. Mrs. Toretsky and Mrs. Rasmussen were opposed to the road construction. The Mayor closed the Public Hearing. MOVED by Moberg seconded by Hoover carried to approve the request for Waiver of the Platting Ordinance, subject to deeding of the road right -of way and with the costs of construction be assessed to the two new lots. Bix voted "NO". Continued Public Hearing, Public Improvement 73 -SI -6: Mr. Robert A. Johnson, 1940 Sumter Avenue North, requested a two week con- tinuation to circulate a petition in opposition to the improvement. MOVED by Bix seconded by Moberg carried to continue the public hearing to June 4, 1973. Continued Public Hearing, Rezoning 2340 Mendelssohn Ave. No. - VFW: Mr. John E. Deihl, Attornery for VFW, presented a proposal to change the shape of the property under consideration, they have pursued other site locations unsuccessfully. Mr. Robert Brevy, Plymouth resident, opposed construction because of den- sity and law enforcement problems in the area. Mr. Willis J. Tofte, 2008 Mendelssohn Ave. No., concerned over density and safety, no sidewalk for children, he circulated petition on Mendelssohn Ave. Mr. Kenneth G. Weller, 9200 Earl Street, new club will be closed to public, will operate under club license. Mr. Larry K. Holm, 1917 Hillsboro Avenue, questioned if the VFW would oper- ate with a public license or club license. The Mayor closed the Public Hearing. MOVED by Ulstad seconded by Hoover to refer the rezoning to the Planning Commission for land use in the area. The motion faled to carry. MOVED by Moberg seconded by Bix carried to give a first reading to an ordinance entitled: o Regular Meeting of Village Council, May 21, 1973 AN ORDINANCE AMENDING THE ZONING CODE (Veterans of Foreign Wars -2340 Mendelssohn Avenue North) MOVED by Bix seconded by Moberg to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon the members were recorded as voting as follows: Bix YES Moberg YES Hoover YES Riggs YES Ulstad YES The motion carried. MOVED by Moberg seconded by Bix carried to defer the 2nd reading of the above ordinance for ninety days. Waiver_ of Platting Ordinance - 2340 Mendelssohn Avenue North: MOVED by Hoover seconded by Moberg carried to continue the request for waiver of Platting Ordinance pending a new legal discription of the prop- erty. Public Hearing -Public Improvement, 72 -SI -5, Laurel Avenue Crossings: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments (72 -SI -5) 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. Mr. Lawrence Brown, represented four property owners and two tenants on Florida Avenue, who were all in favor of the proposed public improvement. Mr. Brown stated that the businesses were prepared to pay their share of the assessment. There were no objectors. The Mayor closed the public hearing. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS (72 -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: Hoover, Moberg, Riggs, and Ulstad; and the follow- ing voted against the same: Bix, 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 __. Ru Regular Meeting of the Village Council, May 21,1973 Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (72 -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 page_. Preliminary Plat - Glenwood Hills Addition: The Director of Planning & Inspection reviewed the Planning Commission min- utes of March, 1972. Mr. Robert VanHauer, representing Glenwood Hills Hospital, requested appro- val of the plat as filed without restrictions except the 300' set -back in front. MOVED by Ulstad seconded by Bix carried to approve the preliminary plat with the restriction that the front of the property have a 300' set -back. Member Hoover voted "No". First Reading Electrical Franchise Ordinance: MOVED by Ulstad seconded by Hoover carried to give a first reading to an ordinance entitled: "AN ORDINANCE CRAAITING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF GOLDEN VALLEY, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES: FOR THE FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES: PRESCRIBING CERTAIN TERMS -AND CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR" MOVED by Ulstad seconded by Hoover carried to approve the ordinance herein quoted by title on its first reading. Acquisition of Lnad - Rosemary Thorsen: Mrs. Rosemary Thorsen, 2625 Vale Crest Road, appeared to speak as a private citizen, requesting purchase of the land known as Star of Bethlehem for a natural area for the Village. Mrs. Thorsen requested Council action on a Regular Meeting of the Village Council, May 21, 1973 "Open Space Program", and investigate possibilities of financing the program. MOVED by Moberg seconded by Hoover carried to indicate a desire for Star of Bethlemen property as open space without priority over other areas. Bassett Creek Clean -Up - Mrs. Molly Lyons: Mrs. Molly Lyons, 1012 Quibec Avenue North, requested an ordinance to pro- hibit run-off and sand from commercial parking lots from going into Bassett Creek. Also that village -wide spring clean-up coincide with Bassett Creek clean-up next year. Council requested a report from staff on the request. St. Louis Park re: Westwood Nature Center Condemnation: Director of Planning & Inspection presented the Planning Commission recommend- ation from the meeting of May 14, 1973. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION (Westwood Nature Center) 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, 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 attested by the Village Clerk. See Resolution Book page. Mr. Ken Stensby, Northland Company, presented proposed plans for an office building complex adjacent to the Westwood Nature Center. Mrs. Bjorn Hauge, 112 Natchez Avenue North, re: Natchez Avenue Park: Mrs. Hauge appeared to request "No Parking" signs on Natchez Avenue by the Natchez Park. Mrs. Nelson a neighbor complained of trash in the park and parking on the grass. MOVED by Ulstad seconded by Hoover carried to refer the problem to the Golden Valley Safety Council for recommendation. Resignation - Donna Goff, Golden Valley Environmental Commission: MOVED by Bix seconded by Moberg carried to accept Mrs. Goff's resignation and send a letter of appreciation. Minneapolis Elks Lodge No. 44 re: Liquor License: Mr. Edward J. Rock, Exalted Ruler, of Elks Lodge No. 44 read a message to Council regarding their efforts to obtain removal of "white only" clause 9 Regular Meeting of the Village Council, May 21, 1973 from the by-laws of the Benevolent and Protective Order of Elks. Mr. Richard Gustafson, Human Rights Commission, made a statement reaffirm- ing their position on "whites only" clause in any organization in the village, and requested that the Elks liquor license be denied at this time. MOVED by Hoover seconded by Moberg carried unanimously to grant renewal of the Elks liquor license for three months, subject to the "whites only" clause being removed by October 1, 1973. Schuller's Tavern re: Cutting of Trees: Mr. Al J. Berreau, Architect for Schuller's Tavern, explained the cutting of trees on the east side of the property and presented plans for develop- ment of the parking lot on the east. Mr. Mahlon Swedberg, Chairman of the Board of Zoning Appeals, presented the recommendation of the Board of Zoning Appeals dated May 8, 1973. MOVED by Ulstad seconded by Moberg carried to request the Board of Zoning Appeals to consider that the non -conforming use of Schuller's Tavern be expanded on the two east lots for parking with appropriate restrictions. Point Supper Club re: License Renewal: Mr. Larry Hork, co-owner of the Point Supper Club, appealed to Council for time, since the purchase agreement had not been satisfactorily completed, to sell '.the property and business. Council took no action on the matter, the item will appear on the June 18th agenda. Resolution re: Jewelmont,_Preliminary Approval, Industrial Development Bonds: Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESS- ARY DOCUMENTS The motion for the adoption of the foregoing resolution was seconded by Member Ulstad, and upon vote being taken thereon the following members voted in favor thereof: Bix, Hoover, Moberg, and Ulstad; and the follow- ing voted against the same: Riggs, whereupon said resolution was declar- ed duly passed and adopted, signed by the Mayor, and his signature attest- ed by the Village Clerk. See Resolutions Book page. League of Women Voters re: Observer Program & Space Limitations: Regular Meeting of the Village Council, May 21, 1973 All present agreed to add the above item to the agenda. Mrs. Mary Anderson editorializing by League of Women Voters in reporting on Council action. Council clarified that the village could not pay for editorializing by the League of Women Voters when reporting on Council action, also that the report must be limited to one 8 1/2" x 11" sheet. MOVED by Ulstad seconded by Moberg carried to approve the renewal of "Off -Sale" Liquor Licenses as follows: 1973 GOLDEN VALLEY OFF -SALE LIQUOR LICENSES Approved May 21, 1973 1. Michael Crakes, dba Michael's Restaurant 2. Glenn Corporation dba The White House 3. Log Cabin Service, Inc. 4. Ralph Green & Sam Lavine dba Golden Hills Liquor Store 5. Schuller's Tavern, Inc. 6. Helen A. Gracyasz dba F & H Liquor Store 7. New Boulevard, Inc. 8. John E. Blanchard Company, Inc. 9. Robert L. Halseth dba Westview Liquors 10. Byerly Beverages, Inc. 11. LeRoy A. Funk dba Rosy's Liquors 12. Queens Plaza Liquors, Inc. 13. Valley Liquor Store, Inc. 14. W & Z Enterprizes, Inc. MOVED by Ulstad seconded by Bix carried to approve the license list as follows: J 1 Regular Meeting of the Village Council, May 21, 1973 License List: NO. Licensee W Fee 2524 Miss Swiss Corporation Food Establishment $ 25.00 2525 Dick's Standard 600 Boone Ave. Filling Station 30.00 2526 Red Owl -Stores, Inc. Cigarettes 1972 12.00 2527 Red Owl Stores, Inc. Cigarettes 1973 12.00 2528 Brian Burck Solicit - Fuller Brush 10.00 2529 Schullers Kitchen Food Establishment 25.00 New Mgr. Claims - Ms. Margorie Hogan - Hiring Complaint: MOVED by Ulstad seconded by Moberg carried to receive and file the complaint of Margorie Hogan. Award of Bids - Pit Run Gravel: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed Bids were received and the Village Manager, Director of Park and Recreation and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A. M., on May 21, 1973, and publicly opened and read the bids as follows: BIDDER BOND TOTAL BID Hedberg & Sons Company 5% $ 2.10 Ton Thunderbird Trucking Inc. 5% 1.17 Ton C. S. McCrossan, Inc. 5% 2.00 Ton A & B Aggregate 5% 1.19 Ton MOVED by Ulstad seconded by Hoover carried to award the bid to the low bidder, Thunderbird Trucking Inc., in the amount of $1.17 per Ton. Award of Bids - Park Fencing: The Village Clerk presented an affidavit of publication in the official news- paper. Sealed bids were received and the Village Manager, Director of Park & Recreation and Village Clerk met at the Civic Center at 7800 Golden Valley Road at 11:00 A. M., on May 17, 1973, and publicly opened and read the bids as follows: BIDDER I Amco Steel Fence 5% Century Fence Company 5% Crowly Fence Company 5% Hlady Construction Company Cert. Check $600.00 Viking Fence & Construction 5% TOTAL BID $ 13,990.00 11,802.00 12,463.00 12,000.00 11,856.00 MOVED by Hoover seconded by Moberg carried to award the bid to the low bidder, Century Fence Company, in the amount of $11,802.00. Regular Meeting of the Village Council, May 21, 1973 Quotations - Dozer Rental: The Village Manager Presented quotations on dozer rental for excavating and grading in the village parks, as follows: Dick Thorn -- T.D. 9 B Dozer -- $18.00 per hour -- $19.00 per hour pulling 5 1/2 yard scraper Terry Bros., Inc. -- D 8 -- $25.00 to $35 per hour, plus moving charge D 6 -- $23.00 per hour, plus $25.00 moving charge Nelson Excavating Company -- H D 16 -- $32.50 per hour MOVED by Ulstad seconded by Moberg carried to award equipment rental for T D 9 Dozer work to Dick Thorn at $18.00 per hour and Terry Brothers, Inc. for D 8 Dozer work at $30.00 per hour. Quotations - Spring & Fall Planting Materials: The Village Manager presented quotations on Spring & Fall planting materials as follows: Lake City Nurseries, Inc. Shakopee Nursery Dawn Heather Nursery Bailey Nursery Minnesota Tree Inc. Dundee Nursery & Landscaping Partial Bids on multiple items which they can furnish from stock MOVED by Ulstad seconded by Hoover to award bids for spring planting to Lake City Nursery in the amount of $1,669.25, for spring planting to Dawn Heather Nursery in the amount of $975.00, for fall planting to Lake City Nursery in the amount of $1,416.25 and for fall planting to Shakopee Nursery in the amount of $695.00. Resolutions - Deferred Compensation Plans: Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Deferred Compensation Plan for Staff Members) 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__ZX_-. Member Moberg introduced the following resolution and MOVED its adoption: 1 1 �J Regular Meeting of the Village Council, May 21, 1973 RESOLUTION (Deferred Compensation Plan for Village Manager) 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 Meeting with Citv of Robbinsdale - Rice Lake Park: The Village Manager reported on a meeting between Golden Valley and the City of Robbinsdale regarding Rice Lake Park, and on the Department of Natural Resources report on the permit for relocating Bassetts Creek. MOVED by Ulstad seconded by Hoover carried to abandon the proposal to move Bassett Creek and refer the improvement of Rice Lake Park to the Park and Recreation Commission, for an alternate plan. Budget Report - April 1973: MOVED by Ulstad seconded by Bix carried to receive and file the budget report for April, 1973. Resolution Cancelling Bonds - First Series 1958: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR CANCELLATION OF OUTSTANDING BONDS 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, 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 9f. Resolution - Waiver of Public Hearing 73 -SI -11: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 73 -SI -11 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 94 Regular Meeting of the Village Council, May 21, 1973 following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (73 -SI -11) 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 de- clared duly passed and adopted, signed by the Mayor, and his signature attest- ed by the Village Clerk. See Resolutions Book page. Request for Public Hearing -°-Public Improvements RSL -51: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS (RSL -51) 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, 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 Request for Public Hearing Public Improvements 73 -SS -1: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS (73 -SS -1) 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, 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_ qf Request for Public Hearing - Public Improvement 73 -SS -2: Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING on certain proposed PUBLIC IMPROVEMENTS (73 -SS -2) Regular Meeting of the Village Council, May 21, 1973 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, 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/0 . Planning Commission Minutes - May 14, 1973: MOVED by Moberg seconded by Ulstad carried to receive and file the minutes of the Planning Commission for May 14, 1973. MOVED by Moberg seconded by Hoover carried to refer the study of 10% moderate housing in PUD to the Planning Commission and Human Rights Commission, to develop a proposal. Building Board of Review Minutes - May 8, 1973: MOVED by Ulstad seconded by Moberg carried to receive and file the minutes of the Building Board of Review for May 8, 1973. Board of Zoning Appeals Minutes - May 8, 1973: MOVED by Moberg seconded by Ulstad carried to receive and file the minutes of the Board of Zoning Appeals for May 8, 1973. Environmental Commission Minutes - May 14, 1973: MOVED by Ulstad seconded by Moberg carried to receive and file the minutes of the Environmental Commission for May 14, 1973. Bills & Claims: MOVED by Bix Seconded by Moberg carried to approve the bills as submitted on the prelist. MOVED by Moberg seconded by Hoover carried to adjourn the meeting at 2:30 A.M. Attest: �( Village Clerk `t �/ r/7 e-k- 41ayor i ram