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10-07-74 City Council MeetingREGULAR MEETING of the VILLAGE COUNCIL October 7, 1974 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 7, 1974, at 7:30 o'clock P.M. The following members were present: Anderson, Bix, Hoover, Moberg, and Riggs; and the following were absent: None. Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M. Skare; Village Engineer, Lowell Odland; Director of Administrative Services, John Murphy; Director of Planning & Inspections, Jon Westlake; Village Clerk, Helen Penniman. Minutes of September 16, 23; October 1 1974: September 16th: Add the word "to" in the sixth paragraph, second line, following 35th Street "to be closed, etc". MOVED by Moberg seconded by Anderson carried to approve the minutes of Sept- ember 16, 1974, as corrected. September 23rd: Add "Bix" voted No" at the end of paragraph nine. Delete entire reference to Bicycle Program. MOVED by Moberg seconded by Anderson carried to approve the minutes of Sept- ember 23, 1974, as corrected. October 1st: Add "on the amendment" in paragraph ten at the end of the sentence. MOVED by Anderson seconded by Hoover carried to approve the minutes of October 1, 1974, as corrected. Public Hearing - Special Assessment Roll - 1975: The Village Clerk presented the 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 above referred to and all persons present to do so were afforded opportunity to express their views thereon. Street Improvements: 73 -SI -1, 2, 3,-7, 11, 13, 19, 20: continued next page: Regular Meeting of the Village Council, October 7, 1974 73 -SI -1: Roanoke Circle: Dr. Orbuch, 3920 Glenwood Avenue and Mrs. Ruth Thorness, 3940 Glenwood Avenue requested deferment of the assessment on the north half of their property. MOVED by Moberg seconded by Anderson carried to defer the assessment for Street Improvement 73 -SI -1 on the north half of 3920 and 3940 Glenwood Avenue until building permits are obtained with 8% interest annually. a LaterlSewer: 73 -LF -1, 2: 73 -LF -1: Roanoke Circle: Dr. Orbuch, 3920 Glenwood Avenue and Mrs. Ruth Thorness, 3940 Glen- wood Avenue requested deferment of the assessment on the north half of their property. MOMD, by Hoover seconded by Bix carried to defer the assessment for Lateral Sewer 73 -LF -1 on the north half of 3920 and 3940 Glenwood Avenue, with 8% in- terest annually until the lots are built upon. Storm Sewer: 74 -SS -1: Mr. Thomas F. Ronk, 1445 Ottawa Avenue South, stated the catch basins were not in and the project not completed in front of his property. MOVED by Anderson seconded by Bix carried to defer the assessment on Storm Sewer 74 -SS -1 for one year with 8% interest. Watermain: 73-WM-2: 73-WM-2: No objectors. Watermain: 74-WM-1, 3, 4, 5, 6: There,were no objectors. Bituminous Seal Coat of Streets - 74 -SC -1, 2, 3, 4: There were no objectors. Street Lights: RSL -52, 53, 54, 55, 56, 57: There were no objectors. Member Hoover 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 Regular Meeting of the Village Council, October 7, 1974 Member Bix, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the follow - 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 34-'1 . Certification of unvaid Charges: MOVED by Hoover seconded by Anderson carried to certify the delinquent utility service charges for 1974 and delinquent weed control and tree removal charges for 1974. Public Hearing - 1975 Budget: The Village Manager informed the Council that the income from the state on property tax would be approximately $12,000 less than the estimated tax re- turn. MOVED by Hoover seconded by Moberg carried to decrease the estimate of tax levy by $12,110. MOVED by Bix seconded by Moberg carried to adjust the General Contingency Fund by subtracting $12,110. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION ADOPTING A BUDGET FOR 1975 AND ESTABLISHING THE CITY PROPERTY TAX LEVY FOR 1974 COLLECTIBLE IN 1975 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: Anderson, Hoover, Moberg, and Riggs; 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 Clerk. See Resolutions Book page iS % Member Bix stated his vote was a protest vote, the Council should spend more time on the budget, hold hearings with Department Heads and consider wages first in the budget. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1974 LEVY FOR VARIOUS IMPROVEMENT BONDS The notion 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: Anderson, Bix, Hoover, Moberg, and Riggs; 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 3s u Regular Meeting of the Village Council, October 7, 1974 Scott Avenue Storm Sewer: The Village Manager reviewed alternatives regarding the Scott Avenue Storm Sewer. MOVED by Moberg seconded by Anderson carried to direct the Village Manager to continue to negotiate with other managers for a determination of costs and set up a meeting with Crystal and Robbinsdale Council with a deadline of February 15, 1975, for preliminary agreement. The Village Attorney reviewed legal options open to Council. Bid Opening - Sanitary Sewer 74 -LF -4 (Hwy. #100 Service Road): 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 October 3, 1974, and publicly opened and read the bids as follows: Name of Contractor Bid Bond Contract Amount Frank Jedlicki 5% $46,050.00 White Construction 5% 49,827.50 Northdale 10% 43,942.50 G & L Contracting 5% 51,707.50 Chris Construction Company 5% 63,770.10 The Manager recommended denial of all bids as they were over the estimate. The Village Engineer recommended reducing the improvement area to serve one residence. Mr. Clifford Johnson, 3240 Lilac Drive North, asked what costs of construction will be at a later date. Mr. D. E. Peterson, 3250 Lilac Drive North, asked if they would be permitted to repair their present systems. MOVED by Moberg seconded by Hoover carried to deny all bids for 74 -LF -4. MOVED by Bix seconded by Moberg carried to reduce the public improvement (74 -LF -4) to one residence at 3340 Lilac Drive North. Work Program & estimate - T.H. 455 & Winnetka Avenue: The Village Engineer submitted a report on estimated cost for grading, and construction of berm, excavation and stockpile of 6,000 cubic yards of gravel. MOVED by Bix seconded by Anderson carried to approve the Engineer's recommenda- tion and work program for T.H. #55 & Winnetka Avenue. MOVED by Bix seconded by Anderson carried to transfer $5,780.00 from Contingen- cy Fund to the Street Department. MOVED by Bix seconded by Anderson carried to approve the low quotation by J. A. Danons & Son, Inc. in the amount of $3,840 for gravel excavation. 1 Cl.5. Regular Meeting of the Village Council, October 7, 1974 MOVED by Anderson seconded by Bix carried to approve the low quotation by J. A. Danons & Son, Inc., in the amount of $990.00 for grading and construc- tion of earth berm. Cost Estimates on Hwy. 4100 r- Entrance at Lowry Terrace; Briarwood: The Village Engineer presented two plans for Lowry Terrace and Briarwood access at T.H. #100. No action was taken. Waiver of Platting Ordinance - 217 Paisley Lane; Richard Keefe: Mr. Richard Keefe, 26 Meander Road, presented a written statement regarding Waiver of Platting Ordinance for 217 Paisley Lane. Mr. Omar Hill, 208 Paisley Lane, stated their was nothing new, only talking lot splitting, motives had not changed, which is profit. People are there because of openness of the area, which represents a way of life and accomp- lishment. Should guard against on-going permissiveness, urged denial of the waiver. Mr. Melvin A. Hetland, owner of Lot 1, Block 2, in favor of the proposed lot division. Mrs. Lois Hagel, 200 Cutacross Road, in favor of lot division. Dr. Dennis A. Johnson, 221 Paisley Lane, stated property owners have rights, in favor of lot division. Mrs. Frank W. Hetman, 124 Paisley Lane, opposed to lot splitting in the area. Mr. Grant L. Wood, 216 Paisley Lane, a new neighbor, stated lot division was contrary to trend to make lots larger, maintain as is. Mr. Rober Hutton, 6010 Glenwood Avenue, in favor of lot division. Mr. Robert L. Sotzen, 235 Paisley Lane, asked if the house had been sold. Mr. Roger Ulstad, 309 Meander Road, stated if the division meets the legal requirements it is the Council's perogative to Waive the Platting Ordinance, not opposed if it meets requirements. MOVED by Hoover seconded by Moberg carried to approve the Waiver of Platting Ordinance. The request is for the Waiver of the Platting Ordinance of the following property: PARCEL "A" - 212 Windy Draw: Lot 1, Block 1, "TRALEE" according to the plat thereofon file and of record in the office of the Registrar of Titles in and for Henn- epin County, Minnesota, except that part of Lot 1 lying Northeaster- ly of the following described line and its extension; Beginning at a point in the Northwesterly line of said Lot 1, a distance of 137.68 feet Northeasterly along said Northwesterly line from the Northwest corner of said Lot 1; thence Southeasterly parallel with the Southwesterly line of said Lot 1, a distance of 87.00 feet; thence deflecting South- erly to the right an angle of 20009'06" for a distance of 139.99 feet, Regular Meeting of the Village Council, October 7, 1974 Parcel "A" continued more or less, to the Southeasterly line of said Lot 1 and there terminating. Subject to easements of record, if any. PARCEL "B" - 215 Paisley Lane: That part of Lot 1, Block 1, "TRALEE" according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota lying Northeasterly of the following described line and its extension; Beginning at a point in the North- westerly line of said Lot 1 a distance of 137.68 feet Northeasterly along said Northwesterly line from the Northwest corner of said Lot 1; thence Southeasterly, parallel with the Southwesterly line of said Lot 1, a distance of 87.00 feet; thence deflecting Southerly to the right an angle of 20009'06" for a distance of 139.99 feet, more or less, to the Southeasterly line of said Lot 1 and there terminating. Subject to easements of records, if any. MOVED by Hoover seconded by Moberg carried that the lot division and Waiver of Platting Ordinance is subject to the stipulation that no other lot divis- ion occur on Lot A, and only a single residence be permitted on Lot B. Jaycees - Haunted House - Spring Gate Shopping Center: Mr. Jim Fair, President of Golden Valley Jaycees, requested approval of the Jaycees second annual "Haunted House: from October 24th through the 31st in the Spring Gate Shopping Center. MOVED by Bix seconded by Anderson carried to approve the Jaycees request. License List: MOVED by Anderson seconded by Hoover carried to approve the license list as follows: Type Fee No. Licensee 3103 Golden Hills Liquor Store Food Est. $25.00 3104 Dahlberg Electronics Cigarettes 12.00 3105 Ifit Vend NP 12.50 3106 to It Vend Per 20.00 3107 Dick's Sanitary Service Garbage 26.00 310FJ International Packaging Vend NP 5.00 3109 W T C N (Griswold Coffee Co.) Vend Per 20.00 3110 toif Vend NP 12.50 3111 it itCigarettes 6.00 3112 James Dale Chaney (G.V. Radio Cab) Taxi Cab 11.00 3113 Golden Valley United Meth. church Food Est. EXEMPT 3114 Dick Nelson (BoyScout Troup) Solicit Xmas Wreathes EXEMPT 3115 Roy's Corner (Possis Machine) Food Est. (Blind) EXEMPT 3116 Jasper Couch Taxi Cab 11.00 Regular Meeting of the Village Council, October 7, 1974 Waiver of Public Hearing - Watermain 74-WM-7 (R. C. Ernst): The Village Clerk presented a petition and waiver of right to public hearing by all the owners affected on certain proposed public improvements 74-WM-7. Member Hoover 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 74 -Wm -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: Anderson, Bix, Hoover, Moberg, and Riggs; 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 35---- Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 74-WM-7 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: Anderson, Bix, Hoover, Moberg, and Riggs; 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 Village Clerk. See Resolutions Book page 3 Waiver of Platting Ordinance - 9315 Medicine Lake Road., R. C. Ernst: Mrs. Jody Sehlin presented the Planning Commission recommendation to deny the request waiver for 9315 Medicine Lake Road. Mr. R. C. Ernst presented his request for Waiver of the Platting Ordinance for 9315 Medicine Lake Road to Council. MOVED by Bix seconded by Hoover carried to deny the requested Waiver of Platting Ordinance for 9315 Medicine Lake Road, upon recommendation of the Planning Commission. Building Permit - 5231 -33rd Ave. No.; 3356 Lilac Drive North, Earl Wilson: Mr. Earl Wilson, requested building permits for 5231 -33rd Ave. North and 3356 Lilac Drive North. MOVED by Moberg seconded by Anderson to deny the building permit. The motion failed. Regular Meeting of the Village Council, October 7, 1974 MOVED by Moberg seconded by Bix carried to defer the item for two weeks, pend- ing a Village appraisal on both lots and the Village Manager to negotiate an agreement. Waiver of Platting Ordinance - 7613 Knoll Street: 7613 Knoll Street: That part of Lot 2 lying West of the East 20 feet thereof, and North of the South 15 feet of said Lot; and that part of the East 40.5 feet of Lot 3 lying North of the South 15 feet thereof, all in Block 10, Winnetka, Hennepin County, Minnesota. MOVED by Moberg seconded by Bix carried to approve the Waiver of Platting Ordinance for the above referenced property. Fill Permit - 6100Highwa 455, International Paper Company: MOVED by Bix seconded by Hoover carried to approve the fill permit for Inter- national Paper Company at 6100 Highway #55. Re: Plat, Trevilla of Golden Valley, Skyline Builders, Inc.: The Director of Planning & Inspections requested an extension of time for filing the Plat of Trevilla of Golden Valley. MOVED by Anderson seconded by Hoover carried to approve extension of time for filing Plat of Trevilla of Golden Valley to June 2, 1975. Resignation - JoAnn Osmer, Golden Valley Environmental Commission: MOVED by Hoover seconded by Moberg carried to receive and file the resigna- tion of Jo Ann Osmer from the Environmental Commission and send a letter of appreciation. Agreement with N.W. Railway on 69 -SS -1, Sewer Crossing: MOVED by Moberg seconded by Hoover carried to authorize the Mayor and Village Manager to sign the agreement with N.W. Railway regarding the sewer crossing (69 -SS -1) and pay the $100.00 fee. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Approving and Authorizing Execution of Agreement with Chicago and Northwestern Transportation Company for Storm Sewer License) The motion for the adoption of the foregoing resolution was seconded by Member Hoover, and upon vote being taken thereon, the following voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the following voted Regular Meeting of the Village Council, October 7, 1974 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 35 Request Public Hearing - Street Improvement (75 -SI -1) on 11-4-74: Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 75 -SI -1 (Boone & Miller) The motion for the adoption of the foregoing resolution was seconded by Member Moberg, and upon vote being taken thereon, the following voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; 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 3-5y Request for Public Hearing - Street Vacation, 8th Avenue North: MOVED by Bix seconded by Moberg carried to call a public hearing for Street Vacation of 8th Avenue North on November 4, 1974. Police/Community Relations Minutes - August 10, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Police/Community Relations for August 10, 1974. Environmental Commission Minutes - September 9, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Environmental Commission for September 9, 1974. Golden Valley Safety Council Minutes - September 9, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Golden Valley Safety Council for September 9, 1974. Planning Commission Minutes - September 23, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Planning Commission for September 23, 1974. Human Rights Commission Minutes - September 12, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Human Rights Commission for September 12, 1974. Park & Recreation Commission Minutes - September 26, 1974: MOVED by Moberg seconded by Bix carried to receive and file the minutes of the Park & Recreation Commission for September 26, 1974. 200 Regular Meeting of the Village Council, October 7, 1974 Bills & Claims: MOVED by Hoover seconded by Bix carried to approve the bills as submitted on the prelist. Request for Waiver of Ordinance -Consumption of Liquor - Brookview Community Center: MOVED by Moberg seconded by Anderson carried to approve the request to serve liquor at a Fund Raiser for Robert E. Riggs, candidate for Representative in the 3rd District in Congress, on Tuesday, October 15, 1974, at Golden Valley Brookview Community Center. MOVED by Anderson seconded by Moberg carried to adjourn the meeting at 12:30 A.M. Attest: Village Clerk ayor 1 1