08-05-74 City Council Minutes1
REGULAR MEETING
of the
CITY COUNCIL
August 5, 1974
Pursuant to due call and notice thereof, a regular meeting of the Council of
the City of Golden Valley, Hennepin County, Minnesota, was held at 7800
Golden Valley Road, in said City, on August 5, 1974 at 7:30 P.M.
The following members were present: Anderson, Bix, Hoover, Moberg, and Riggs;
and the following members were absent: None.
Also present were City Manager, Barkley G. Omans; City Attorney, Robert M.
Skare; City Engineer, Lowell Odland, and Acting City Clerk, Karen Olson.
Mayor Pro -Tem called the meeting to order.
Council Minutes of July 8, 1974 continued from July 1, 1974):
MOVED by Moberg, seconded by Anderson, carried, to approve the minutes of the
City council meeting of July 8, 1974 as submitted.
Council Minutes of July 15, 1974:
MOVED by Moberg, seconded by Anderson, carried, to approve the minutes of the
City Council meeting of July 15, 1974 with the following correction:
Page 1, under Corrections in July 1, 1974 Council Minutes, Paragraph 4, last
sentence should read "Member Bix and Member Anderson abstained from voting".
I-394 - Question of Legal Action:
Donations contributions from individuals, and their deductability were discus-
sed by Council. Designated funds and solicitation of checks to the City were
also discussed.
Daryl Natz, speaking for the Citizens Against I-394 Committee, stated that if
there is a lawsuit involved in the future, it will place a large financial
burden on the City of Golden Valley. The Committee would be willing to place
$8,000 to $10,000 in the City's general fund and felt there would be no problem
in soliciting funds if individuals knew a litigation was involved.
Paul Jaffe, 420 Pennsylvania Avenue South, questioned how solicitations would
be made in the name of the City.
The possibility of entering into an agreement re: I-394 local consent, with
the State Highway Department was discussed, and Mr. Omans, City Manager, dis-
tributed to the Council members a "Proposal to the State Highway Department".
Tom Tinkham, President of the South Tyrol Hills Association, voiced the Asso-
ciation's opposition to I-394 and stated the group he represents would join
in soliciting funds needed by the City to oppose the freeway.
MOVED by Moberg, seconded by Bix, that the City of Golden Valley instigate
Regular Meeting of the City Council, August 5, 1974
legal action within thirty days after the issuance of the final version of
the Environmental Impact Statement; or earlier if legally necessary. Member
Anderson voted "No".
(Mayor Riggs arrived at meeting 8:30 P. M.)
Mayor Riggs moved to amend the original motion by adding "assuming such
Environmental Impact Statement is not satisfactory to the Council, or if
no other way to preserve the legal remedies, a suit within 30 days is nec-
essary to preserve the village's legal remedies. The motion was carried
with Member Anderson voting "No".
It was decided by the Council to meet on Tuesday, August 6, 1974 at 8:30 P.M.
to discuss what attorney to use.
Public Item: Manor Drive Street Vacation (continued from 6-17-74):
MOVED by Anderson, seconded by Bix, carried, to deny the requested street
vacation due to the proponent's failure to comply with the Council's request
to submit house plans.
Public Hearing Second Reading - Rezoning - 2437-2485 Winnetka Avenue North-
Poppelaars:
Tony Poppelaars was present for the request.
Mayor Riggs opened the meeting for public hearing.
John Hopponen, 2400 Valders Avenue North, felt this plan would fit exception-
ally well in this area.
Mayor Riggs closed the public hearing.
MOVED by Bix, seconded by Moberg, carried, to give a second reading to an
ordinance entitled:
AN ORDINANCE AMENDING THE ZONING CODE
(Business and Professional Office District)
A. J. Poppelaars
MOVED by Bix seconded by Moberg to approve the ordinance herein quoted by title
on its second reading and order publication thereof:
Upon roll call vote being taken thereon, the following members voted in favor
thereof: Anderson, Bix, Moberg, Riggs; and the following voted against the
same: Hoover. See Ordinance Book page °11
MOVED by Anderson, seconded by Bix, carried, to grant approval to allow this
particular use; however, any other building permits requested for this parti-
cular parcel must be presented to Council for any action. The Council feels
that this rezoning is a special consideration and does not open the area to
the south for further rezoning.
Ip'
5.
Regular Meeting of the City Council, August 5, 1974
MOVED by Bix, seconded by Riggs, carried, to authorize that the building
permit be granted.
Public Hearing: Second Reading -Residential & Institutional Zoning - North-
west Corner of City:
Mayor Riggs opened the meeting for public hearing. There being no objectors,
the Mayor closed the public hearing.
MOVED by Anderson, seconded by Hoover carried to give a second reading to an
ordinance entitled:
AN ORDINANCE AMENDING THE ZONING CODE -
(Residential Zoning Districts)
City Planning Commission
MOVED by Anderson seconded by Hoover carried to approve the ordinance herein
quoted by title on its second reading and order publication thereof.
Upon roll call 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. See Ordinance Book page 98 9% .
MOVED by Moberg, seconded by Hoover, carried, to give a second reading to an
ordinance entitled:
AN ORDINANCE AMENDING THE ZONING CODE
(Institutional Zoning District)
City Planning Commission
MOVED by Moberg seconded by Hoover carried to approve the ordinance herein
quoted by title on its second reading and order publication thereof.
Upon roll call 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. See Ordinance Book page_ 10-0
Public Hearing: 74-WM-5 Watermain on 23rd Avenue North:
The Acting City Clerk presented an affidavit showing publication in the offic-
ial newspaper of the Notice of Public Hearing on certain proposed Public Im-
provements -- 75 WM 5 described in the resolution of this Council relating
thereto, adopted on July 15, 1974. Said affidavit was then examined, approv-
ed and ordered filed in the office of the City 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,
and the Mayor closed the public hearing.
Member Anderson then introduced the following resolution and moved its adoption:
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Regular Meeting of the City Council, August 5, 1974
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
74-WM-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: Anderson, Bix, Hoover, Moberg, and Riggs; and the following
voted against the same: None, whereupon said resolution was declared duly
pass apd adopted signed b_ the Mayor, and his signature attested by the Clerk.
Member Moberg introduced and read the following written resolution and moved
its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
74-WM-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: 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 M or, and his signature attested by the
Clerk. %,,-- 3JK�S` —'51-
Public Hearing: First Reading Ordinance - Fire Department:
MOVED by Moberg, seconded by Anderson, carried to give first reading to an
ordinance entitled:
ORDINANCE NO.
(AN ORDINANCE AMENDING IN ITS ENTIRETY
CHAPTER II, SECTION 220, of the 1967
CODE OF ORDINANCES OF THE VILLAGE OF
GOLDEN VALLEY, DEALING WITH THE VILLAGE
FIRE DEPARTMENT)
MOVED by Anderson seconded by Hoover carried to approve the ordinance herein
quoted by title on its first reading.
Public Item: Bus Route 19 -__Change:
Lowell Odland, City Engineer, distributed to the Council members a map show-
ing the proposed bus route on Golden Valley Road and St. Croix Avenue, west
of Golden Valley Road.
Mayor Riggs opened the meeting for public hearing.
Floyd R. Fier, 5225 St. Croix Avenue, questioned the proposed bus route.
John Rock, 5218 St. Croix Avenue, felt the residents on Toledo Avenue wanted
the bus route. Mrs. John Rock, 5218 St. Croix Avenue, felt plans showing the
bus route on Toledo Avenue was a better plan and felt bus service not needed
on St. Croix Avenue. St. Croix Avenue is becoming a thoroughfare. Mrs. Floyd
Fier, 5225 St. Croix Avenue, felt that if the bus came up Golden Valley Road
to the service drive, it would be more helpful. Ann Johnson, 5311 St. Croix
1
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Regular Meeting of the City Council, August 5, 1974
Avenue, stated the service road on Lilac Drive should
Mrs. James Bailey, 1426 Unity Avenue North, felt that
vice should be available so that residents in her area
County Road 66.
Mayor Riggs closed the public hearing.
never have been removed.
some kind of bus ser -
do not have to cross
MOVED by Anderson, seconded by Hoover, carried, to approve this particular
proposal for a six month period contingent upon the Metropolitan Transit
Commission presenting to Council a report on the ridership generated after
the six month period. Member Moberg voted "NO".
Public Hearing: RSL -56 Oak Grove Circle - RSL -57 Toledo and Angelo Drive:
The Acting City Clerk presented an affidavit showing publication in the
official newspaper of the Notice of Public Hearing on Certain proposed Pub-
lic Improvements RSL -56 described in the resolution of this Council relat-
ing thereto, adopted on July 1, 1974. Said affidavit was then examined,
approved and ordered filed in the office of the City 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 that Paul Anderson, 1375 Oak Grove Circle, requested that
the proposed light in front of his house on his side of the street be moved
and placed further east and on the other side of the street.
Member Moberg then introduced the following resolution and MOVED its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL -56
The motion for the adoption of the foregoing resolution was duly seconded by
Member Anderson, 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 de-
clared duly passed and adopted, signed by the Mayor, and his signature
attested by the Clerk. See R-esa I `s°L V A_�z "� J u .
The City Clerk presented an affidavit showing publication in the official
newspaper of the Notice of Public Hearing on certain proposed Public Improve-
ments - RSL - 57 - described in the resolution of this Council relating
thereto, adopted on July 1, 1974. Said affidavit was then examined, approv-
ed and ordered filed in the office of the City 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 and the Mayor closed the public hearing.
Member Anderson then introduced the following resolution and MOVED its
adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL -57
Regular Meeting of the City Council, August 5, 1974
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 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. C3awk- toy 30 ,
Communications & Petitions: Highway Department - T.H. 412 Resurfacing:
MOVED by Bix, seconded by Moberg, carried to write the Highway Department that
their response to the Council Resolution was unacceptable.
Communications: Safety Council re: Bicycle Safety Program:
George Murad of the City Safety Council was present to explain the letter to
the City Council in regard to bicycle safety laws. He stated the City should
enforce their present bicycle laws because of the expected large rise in the
use of pedestrian trails and bicycle paths.
MOVED by Bix, seconded by Hoover, carried, to continue this item at the October
7, 1974 City Council meeting and the City staff is to have the requested infor-
mation to Council prior to that meeting.
Communications: Safety Council re: Entrances onto Hwy. 100 - Set Public Hearing:
George Murad of the City Safety Council explained that the Safety Council is
recommending that the three high speed entrances onto Highway 100 be closed.
MOVED by Moberg, seconded by Hoover, carried, to set a public hearing for
September 3, 1974 for consideration of closing of entrances onto Highway 100
between Bassett Creek and 35th.
Communications & Petitions: Sumter Avenue South - Paving Petition:
A petition, dated July 26, 1974, has been presented to the Council from resid-
ents requesting paving of Sumter Avenue South from T.H. 412 to vacated Erie
Avenue. Also, a petition dated July 16, 1974, in lieu of the petition for
paving, has been presented to the Council from residents requesting dust abate-
ment for the above mentioned street.
Mayor Riggs opened the meeting for public hearing.
Edward C. Gordon, 820 Sumter Avenue South, stated he requested that Sumter
Avenue be paved. Edmund C. Noren, 840 Sumter Avenue South, stated that T. H.
#12 has always been a reason for delay in surfacing this street and dust pol-
lution at present is very bad. Lowell E. Cole, 815 Sumter Avenue South, stat-
ed he is seriously considering sueing the City because of the dust pollution
and that the City has not even watered the street this summer. Mrs.Hostetler
743 Sumter Avenue South, stated she is very unhappy with the present situation.
Al Winkels, 914 Sumter Avenue South, stated that he feels he would not benefit
from blacktop if I-394 takes his house.
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Regular Meeting of the City Council, August 5, 1974
Mayor Riggs closed the public hearing.
Lowell Odland, City Engineer, and the Council discussed assessed cost to
property owners abutting blacktop, cost of maintaining dirt street, and
cost of maintaining blacktop.
Member Anderson, introduced the following resolution and MOVED its adoption:
to set a public hearing for Sept. 3, 1974 for consideration of possible paving of
RESOLUTION PROVIDING FOR PUBLIC HEARING Sumter Ave. So.
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
74 -SI -9
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 de-
clared duly passed and adopted, signed b,� the Mayor, and his signature
attested. by the Clerk. ` _ i� �3 k, Ike- --J -'Xo .
MOVED
MOVED by Bix, seconded by Anderson, carried, to approve the dust abatement
on Sumter Avenue South from T.H. 412 to vacated Erie Avenue at a cost of
.30C a running foot.
Metro 300 Inc. Liquor "Off -Sale" License - Change of Ownership:
Mr. Paul Castonquay was present for the request.
MOVED by Moberg, seconded by Anderson, carried, to'approve the change of
ownership for "Off -Sale" liquor license at 615 Winnetka Avenue North to
Paul R. Castonquay dba Metro 300, Inc.
City Manager's Item: Purchase of Lots on Brunswick Ave., So. for Open Space:
Barkley G. Omans, City Manager, introduced three alternate plans for the
purchase of land on Brunswick Avenue South for open space purposes, and prices
were discussed.
Burt Brown, representing the City Park and Recreation Commission, stated that
the Open Space Committee and Park and Recreation Commission recommended that
Council purchase all of the Brunswick lots for open space purposes.
Virginia Levy of the Open Space Committee gave a report which gave explanations
of why the Open Space Committee recommended that the Council pursue the pur-
chase of this land for open space purposes. It was felt by the Committee that
this subject area is an important access to the Laurel Avenue Greenbelt section
and that this would provide an important buffer between private homes and indus-
trial buildings (which is greatly needed in this particular area). The Commit-
tee urged that the acquisition be made as soon as possible because the land
will only become more costly in the future.
MOVED by Moberg, seconded by Hoover, that the Council offer $15,500 for the
purchase of the lots on Brunswick Avenue according to Alternate Plan "A".
The motion carried with Member Bix abstaining.
MAYOR & Council Item: Ewald's Parking Lot (ref. Board of Zoning Appeals 7/23/74:
Barkley G. Omans, City Manager, directed the Council's attention to the Board of
Zoning Appeals minutes of July 23, 1974 which explains the previous history
Regular Meeting of the City Council, August 5, 1974
also lists facts and evidence involved with this parking lot.
Mr. Robert Hosp, Manager of Ewald Dairy, and Mr. Holter, Attorney represent-
ing Ewald Bros., Inc., were present to discuss the nuisance problem and non-
conforming use in the parking lot located in the Southwest corner of Xerxes
Avenue and Golden Valley Road. Mr. Hosp explained that they are presently
installing electrical hook-up systems to put in electrical motors to operate
the compressors in the trucks, and it was felt this would lessen the noise
nuisance problem.
The main consideration of the Council is to determine whether this is a non-
conforming use and should Ewald Bros., Inc., continue this use or should the
lot be vacated. It is the opinion of the Board of Zoning Appeals that park-
ing of trucks should be prohibited, and if Ewald Dairy wishes to continue
their present use of the lots for parking of trucks they must seek a re-
soning from its present residential status. However, employee parking would
be a conforming use.
MOVED by Bix, seconded by Moberg, carried to defer this item to the November
4, 1974 City Council meeting at which time the Ewald Dairy is to return and
report to Council on what has been done to resolve this existing problem.
City Manager's Item: Grant Contract - Team Policing & Crime Prevention:
MOVED by Moberg, seconded by hoover, carried to authorize the City Manager
to sign the acceptance of the Crime Prevention and to defer action on Team
Policing for at least 30 days.
License List:
MOVED by Moberg, seconded by Anderson, to approve the license list as follows:
No.
Licensee
Type
Fee
3084
Metro 500, Inc. (2155 Douglas Dr.)
Filling Station
$ 30.00
3085
Florida Properties - 715 Florida So.
Cigarettes
8.00
3086
Coca-Cola Midwest
Vend NP
5.00
3087
Florida Properties
Vend P
15.00
3088
Florida Properties
Vend NP
10.00
3089
Northland Concession Supply, Inc.
Food Establishment
25.00
3037
Village Gas 8950 Olson H'wy
Filling Station
20.00
5005
Metro 300, Inc. 615 Winnetka No.
Liquor - Off Sale
$200.00
DANCE PERMIT
St. Margaret Mary Church Sept. 6, 1974 8:30 to 12:00 P.M. $ .50
The motion carried, with Member Bix abstaining.
Bills and Claims:
MOVED by Anderson, seconded by Hoover, carried, to approve the bills as submit-
ted on the prelist.
Regular Meeting of the City Council, August 5, 1974
Department Item: Trail Agreement with General Mills Inc.:
MOVED by Moberg, seconded by Hoover, carried, to approve the Trail Agree-
ment with General Mills, Inc.
The Council meeting was adjourned at 1:15 A.M., and the meeting will be
resumed at 8:30 P.M., on Tuesday, August 6, 1974 at which time action will
be taken on the remaining agenda items.
Attest:
keting Village Clerk
1
1
Mayor
159