02-18-75 City Council MinutesREGULAR MEETING
of the
GOLDEN VALLEY CITY COUNCIL
February 18, 1975
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 February 18, 1975 at 7:30 o'clock P.M.
The following members were present: Anderson, Bix, Moberg, Hoover and
Riggs. Also present were: City Manager Barkley G. Omans; City Attorney
Robert Skare; City engineer Lowell Odland and Acting City Clerk Carol.
LeVesque.
Minutes of Regular Meeting of February 3 and Speci_al_Meetinp of February 4,
1975:
Member bix asked that the two motions at the bottom of Page 22 of the
February 3rd minutes he corrected to show that he voted "No" on both of
them rather than "Abstained".
MOVED by Bix seconded by Moberg carried to approve the minutes of the Feb-
ruary 3, 1975 meeting as corrected.
MOVED by Anderson seconded by Hoover carried to approve the minutes of. the
February 4, 1975 meeting as submitted.
Second Reading Ordinance. Amending Closed Hours for Restaurants Serving Liquor:
MOVED by Anderson seconded by Bix carried to give a second reading to an
ordinance entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Intoxicating Liquors - Regulating
Hours of Sale and Closing of Premises)
MOVED by Bix seconded by Hoover carried to approve the ordinance herein quot-
ed by title on its second reading. Upon roll call vote being taken thereon,
the members were recorded as voting as follows:
ANDERSON YES HOOVER YES
BIX YES MOBERG YES
RIGGS YES
io1,
Ewald Dairy Agreemtent:
The City Attorney informed the Council that each and every one of the points
that had been brought up at previous meetings had now been incorporated into
the Agreement before them which he had been authorized to prepare. The City
Health Inspector., Tom Heenan, was present to answer questions regarding the
noise level set by the Minnesota Pollution Control. Agency. Member Moberg
also requested that in Section 6 on Page 4 of the Agreement that the language:
"as soon as reasonably possible from the date hereof" be amended by the Attor-
ney to include the phrase "but not later than June lst of 1975". This change
will be made in the Agreement.
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'611.
61i
Regular Meeting of the City Council, February 18, 1975
The Mayor announced that anyone in the audience with an interest in this
matter would be given an opportunity to express their views at this time.
Mr. Tony Critelli, 3009 Golden Valley Road, and Mr. Jay Golfus of 1814 York
Avenue North, expressed the feeling that the Agreement was satisfactory to
them except that it lacked a Sunday restriction on trucks. Mr. Bob Hosp of
the Ewald Company said that Ewald's would agree to a restriction on the
trucks on Sundays. Mr. Critelli also inquired where the fence would be
located and was told that there would be a fence between every residential
lot and the parking lot to cut down on the noise.
The City Manager informed the Council that for monitoring noise levels he
had checked with consultants and had been given an estimated figure of $800;
that it would cost the City about $700 to purchase equipment if they wished
since the PCA does not furnish this type of service. If a violation occured,
the City would have to make an expenditure of some kind.
Mr. Hosp stated that the PCA had offered to assist Ewald's by bringing out a
monitor during the day to determine the noise level.. Residents were told by
the Mayor that if they felt there were violations of the noise level that
they could call the Mayor, Manager or the Health Inspector and report the
matter.
MOVED by Moberg, seconded by Anderson, for approval of. the Agreement between
the City of Golden Valley and Ewald Bros., Inc., with the addition of the
restriction on Sundays and the insertion of the June 1, 1975 deadline for
the erection of the fence; that the Mayor and City Manager be authorized to.
sign said Agreement. Members Anderson, Hoover, Moberg and Riggs voted in
favor of the motion; Member Bix voted against the motion and stated he does
not think it is in the interest of the City or the neighbors and that it is
not a legal use. Motion carried.
Public Hearing - Citizen Input re: Community Development Funds:
Mayor Riggs explained that the law requires that two public hearings be held
on this item so the public can appear and give input. Mr. Jeff Sweet, Admin-
istrative Assistant, was present and informed Council that the City is still
uncertain that it will receive these funds. The projected allocation has
been whittled down to $38,000.
The Mayor announced that the public hearing was open and invited any residents
who wished to come forward and speak at this time. There being no one present
on this item, the Mayor closed the public hearing and announced that there
would be another hearing on next Monday, February 24th.
Continued Public Hearing - Flood Plain Ordinance:
MOVED by Anderson seconded by Hoover carried to give a second reading to an
ordinance entitled:
AN ORDINANCE PROVIDING FOR FLOOD PLAIN ZONING: DESIGNATING FLOOD
PLAINS IN OR ABOUT BASSETT'S CREEK: REGULATING THE USE AND DEVELOP-
MENT THEREOF: ESTABLISHING FLOOD PLAIN ZONES AND A FLOOD PLAIN
MANAGEMENT PROGRAM WITHIN THE CITY OF GOLDEN VALLEY
Regular Meeting of the City Council, February 1.8, 1975
The following motions refer by item number to the Attorney's memorandum on
the Flood Plain Ordinance:
1. MOVED by Anderson seconded by Hoover carried to add the following wording
to the second sentence of Section 1.6.50, Subdivision 2 (2): "Computation
of increases in flood heights caused by an encroachment shall he based on
the assumption that there will be an equal degree of encroachment on both
sides of the stream extending for a significant reach".
2. MOVED by Bix seconded by Moberg carried to add to Section 16.60, Subdivis-
ion 2 (c): '".... trails, nature preserves and fishing areas".
3. MOVED by Anderson seconded by Hoover carried to approve the second sentence
of Section 16.70, Subdivision 2 (d) to read: "Protection to the regulatory
flood protection elevation shallbe provided where failure or interruption
of these public facilities would endanger the public health or safety or
where such facilities are essential to the orderly functioning of the area".
4. MOVED by Anderson seconded by Bix carried to add to Section 16.70, Sub-
division 2, another sub -paragraph (e) which would read as follows: "(e)
Suns. Signs and signals delineating or accessory to parks, trails and
other permitted uses as described above in this subdivision".
5. MOVED by Bix seconded by Anderson carried to approve Subdivision 2, as
follows: "Certification of Non -Conforming Uses. The Administrator shall
prepare a list of those uses which were lawful before adoption of this
ordinance and shall certify to the owners of any such structures and/or
premises that their properties were and are a legal non -conforming use
which may be continued subject only to the provisions of this section".
6. MOVED by Bix seconded by Anderson carried to approve adding to Section
16.150, Scubdivi.sion 3, the following: "Subdivision 3, Public Nuisances.
Uses or adjuncts thereof which are or become public nuisances shall. not
be entitled to continue as non -conforming uses".
7. No motion was called for on this item as Council accepted it as written
into the ordinance.
8. MOVED by Bix seconded by Hoover carried to approve adding the following
to Section 16.90, Subdivision 1: "The Board may issue variances to this
ordinance (and the City Council may permit any consequent modification
of the subdivision regulations of this City as might be necessitated
thereby) when all of the following conditions are met: (a) Because of
the unique topography or other conditions of land involved a literal ap-
plication of the provisions hereof would impose undue hardship; and (b)
conditions are attached that assure compliance with the requirements of
this ordinance insofar as practical; and (c) the purpose and intent of
this ordinance are observed; and (d) there is no increase in the flood
hazard or flood damage potential and to this end no variance shall. per-
mit a lower degree of flood protection than the regulatory flood protect-
ion elevation for the particular area".
Regular Meeting of the City Council., February 1.8, 1975
The Mayor announced that the public hearing was open and invited om►one
who wished to speak on this item to do so at this time.
An unidentified resident asked the City Attorney why the language in this
ordinance differed from the language in the State ordinance. The Attorney
explained that this ordinance was not prepared by this Council or staff
but that the Bassett's Creek Flood Control Commission and they had sent it
to the State for approval.
Katharine Hakala from the Planning Commission asked if this ordinance would
affect the new proposed plat for Ring's Colonial 2nd Addition.
A representative from Briarwood asked about the affect on rebuilding of
buildings that are below the flood plain and was told that the proposal does
provide a procedure for getting a variance.
In reply to questions from residents, the City Manager explained that there
are requirements under existing ordinances which a developer would have to
meet and that the cost would vary considerably with the size of the area
that was proposed for fill or development.
The Mayor closed the public hearing.
MOVED by Bix seconded by Hoover to adopt the Flood Plain Ordinance as pre-
sented to the Council contingent upon the changes that were made as per the
City Attorney's memorandum setting forth the seven items amending the ordin-
ance; to approve the second reading thereof and to order publication in the
official newspaper.
Upon roll call vote being taken thereon, the following members voted in
favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; the following voted
against the same: None. See Ordinance Book page__(o�__.
Calvary Lutheran Church re:_ Parki.nQ:
The City Manager presented the communication from Calvary Lutheran Church
and informed Council that engineering plans for a parking lot plan will be
brought before them at a later date for approval.
MOVED by Anderson seconded by Bix carried to accept and file the communica-
tion.
First Wisconsin Mortgage Co. re: Vallee D'or Moderate Income Units:
Member Anderson left the Council. Chambers at this time to prevent a possible
conflict of interest situation from occurring.
Ron Edstrom from the Planning Commission and Katharine Hakala were present
to discuss this PUD which had been approved in August of 1972. The original
developer had been unable to continue with the development and First Wiscon-
sin Mortgage Company now has control of It. Jeff Auslander was present as
their representative and requested Council, approval of an increase in the
moderate income units from the previous figure of $25,000 to the Planning
Commission's figure of $34,500 which reflected the Consumer Price Index also.
Regular Meeting of the City Council, February 18, 1975
MOVED by Hoover seconded by Moberg carried to accept the Planning
Commission's recommendations to change the requirement of $25,000 on the
moderate income units at Vallee D'or to reflect $30,000 and to add the
Consumer Index Price, making a figure of $34,500 and that the four existing
units be accepted as meeting the requirement for the first phase.
(Member Anderson, returned to the Council Chambers at this time.)
Red Lobster Inns re: Restaurant Liquor License:
Red Lobster Inns is a subsidiary of General Mills and representatives were
present in reference to plans for a building at the corner of Decatur and
Seventh Avenues North. They notified Council that they will be seeking a
liquor license.
Council indicated that they were not arbitrarily opposed to a liquor license
for this facility at the said location; however, they would reserve any ans-
wer or judgment until all of the requirements have been met and full informa-
tion and a formal application was before them.
VFW Club License - 2500 Hillsboro Avenue:
Kenneth Weller of the VFW was present to request a preliminary liquor license
review for the Ernst property located on. Medicine Lake. Road and Hillsboro
Avenue North. Council was informed that the City is unaware of any plans for
construction for the VFW. Mr. Weller also stated that the VFW would have to
use part of the Good Shepherd Lutheran Church parking lot if Council grants
their license request.
Member Hoover. asked Mr. Weller to get a letter from the church stating that
they understand that the VFW Is contemplating occupying that building adja-
cent to them and that the VFW will. be seeking a club liquor license for the
premises and permission from the church to use part of their parking lot.
Council. would also like a statement from the church regarding their position
on this request.
Metro Cab Company_- License Application - William Stearns:
The City Manager informed Council that Mr. William Stearns had requested
permission to set up a new cab company in Golden Valley. He was told to
come in for taxi cab inspection on February 17th but dial not appear. He
did come in on February 18th but his cab did not pass inspection. He had
indicated to the Manager that he would merely request one cab license at
this time with the idea of Later expanding that to other cabs. Mr. Stearns
was not present at the Council meeting however.
MOVED by hoover seconded by Bix carried to lay this item over indefinitely.
Quotations - Public Works - Tree Trimming:
Quotations were received by the Public Works Director on this item. The
City Manager recommended award based on the low quote of. Tim's Tree Service.
please see ne,:t page:
Regular Meeting of the City Council, February 18, 1975
BIDDER
AMOUNT
Tim's Tree Service
$4,575.00
Scanlon Tree Service & Blacktopping
5,585.00
Todd's Tree Service
4,890.00
Arbor Tree Service
4,780.00
Dev's Tree & Lawn Service
5,725.00
MOVED by Anderson seconded by Bix carried to accept the low bid on the Public
Works Tree Trimming of Tim's Tree Service in the amount of $4,575.00.
Proposed Changes in Fees and Chanes:
Jon Westlake and Tom Heenan were present with proposed changes in the build-
ing and mechanical fees; planning fees; food and liquor license fees:
MOVED by Anderson seconded by Hoover carried that the staff be directed to
prepare the necessary ordinance revisions to adopt the fee schedule of the
Uniform Building Code and the mechanical schedule of the Minneapolis Fee
Ordinance.
MOVED by Anderson seconded by Hoover carried that the staff be directed to
proceed with preparing the ordinances necessary to implement the planning
fee changes.
MOVED by Anderson seconded by Hoover carried that the staff be directed to
prepare the necessary ordinance changes concerning the food, liquor and
other miscellaneous licenses.
The City Attorney explained to Council that each one of these items will
come up as an ordinance amendment and will appear under "Public Items" at
a regular Council meeting as they are prepared.
Quotations - Park Tractor Cab & Broom:
Quotations were received by the Park and Recreation Director on this item,
The City Manager recommended award to Minn. Wanner Co., based on a new cab
and modification of the existing broom. Quotations were as follows:
Name New Cab New BroomInstallation Modify Exist-
& Delivery ing Broom
Valley Equip. Co. $1,063.00 $1,796.00 $ 808.00 0
Minn. Wanner Co. 1,019.17 2.,950.00 Included $1,900.00
Harvey's Sales &
Service 2,250.00 0 0 0
MOVED by Bix seconded by Anderson carried to accept the low bid on the Park
Tractor Cab & Broom of Minnesota Wanner Company of $1,0..9.17 on a new cab
and to modify the existing broom frame with all new running equipment at
$1,900.
Regular Meeting of the City Council, February 18, 1975
Memo re: CSO Rates:
The City Manager presented a proposed CSO rate increase proposal from the
Acting Public Safety Director.
MOVED by Bix that the Council raise the CSO rate as recommended by the
Acting Public Safety Director. Motion failed due to lack of a second.
January 1975 Budget Report:
MOVED by Moberg seconded by Hoover carried to accept and file the January
Budget Report.
Special Use Permit - Wendy's Restaurant (East of the Point):
Ron Edstrom was present at the meeting and presented the Planning Commission's
report on Wendy's Restaurant, dated January 13, 1975, at which meeting the
proponents (C & C Investment Corporation) applied for a "special use" permit
The Planning Commission recommended denial of the permit, stating that the
proposed development did not agree with the Comprehensive Plan and would
bring significant additional traffic congestion and traffic hazards to the
area. Mr. Edstrom then reviewed for the Council the evidence considered by
the Planning Commission and presented by the proponent concerning the amount
of traffic the proposed special use would generate.
The President of the C & C Investment Corporation was also present and gave a
detailed presentation of their proposed type of service and the property that
would be involved.
MOVED by Anderson seconded by Moberg that the Council deny the special rise
permit based upon the recommendation of the Planning Commission at their
meeting of 1/13/75 and upon the Council's own findings that the proposed
special use would, if allowed, generate significant traffic hazards and
traffic congestion, noise and glare which would adversely affect both the
immediate subject area and the adjacent residentially zoned properties. Upon
roll call vote being taken on the above motion, the members were recorded as
voting as follows:
Anderson YES Hoover YES
Bix YES Moberg YES
Riggs NO
Motion carried 4 to 1.
MOVED by Anderson seconded by Moberg carried to request the Planning Com-
mission, with the help of its consultant, to prepare a recommendation to the
Council specifying the total area to be studied in -the vicinity of the Civic
Center; to also investigate and make a recommendation on a possible morator-
ium on development within that area for a specified development period of
time or until a development policy is established.
Informal Hearing - Golden Valley/New Hove Interceptor:
The City Engineer stated that two copies of the Environmental Impact Assess-
ment now have been placed in the Golden Valley Library for the use of inter-
ested residents.
11-0
Regular Meeting of the City Council, February 18, 1975
MOVED by
Rix seconded by Anderson
carried to set an informal hearing., for
March 3,
1975.
Postcard
notices will be sent out
to the residents along the route and
representatives
of the Sewer Board
will be at the hearing.
Easement
Agreement with Standard Oil Co.:
MOVED by
Moberg seconded by Hoover
carried to approve the easement agree-
ment with
standard Oil. Company.
Human Rights Commission Minutes February 13, 1975:
MOVED by Moberg seconded by Anderson carried to receive and file the Human
Rights Commission Minutes of February .13, 1975.
Planning Commission Minutes, February 10, 1975:
MOVED by Anderson seconded by Hoover carried to receive and file the Planning
Commission Minutes of February 10, 1975.
Call for Public Hearing - Ring's Colonial Addition No. 2:
MOVED by Moberg seconded by Bix carried to set March 10, 1975 for an informal.
discussion of the Ring's Colonial Addition No. 2.
MOVED by Moberg seconded by Bix carried to set April 21, 1975 for public
hearing on Ring's Colonial. Addition No. 2 regarding platting of this area.
Park Board Recommendation re: Brookview Rates:
Burt Brown, Chairman of the Park and Recreation Commission, presented the
proposed rates increases at Brookview Golf Course.
MOVED by Bix seconded by Hoover carried to accept the rate schedule as pro-
posed by the Park Board.
Golden Valley Road Trail Estimates:
The City Engineer presented estimated costs for bituminous and concrete walk-
way on County Road 66 in lieu of the crushed limestone trail as specified in
the bids received 1.2/16/74.
MOVED by Anderson seconded by Hoover to aut}-.orize the City Engineer to take
bids on the asphalt trail on the south side of Golden Valley Road from Douglas
to Worth Parkway, with the financing as follows: $36,525 from Trails and the
remainder of approximately $31,000 from Revenue Sharing. Members all voted in
favor except Member Bix who voted "No". Motion carried.
MOVED by Moberg seconded by Hoover carried refusing or denying any and all
bids submitted on 12/16/74 on the limestone trail.
Regular Meeting of the City Council, February 18, 1975
Safe Crossing Committee Report:
The Park and Recreation Director and Kathy Herje of the Park Board were
present on this item.
Member Hoover introduced the following, resolution and MOVED its adoption:
RESOLUTION
(Approving Walkway and Pedestrian Bridge on Winnetka
Avenue North as Part of City Trails Plan)
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; 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-
edby the City Clerk. See Resolutions Book page x
Voting Machine Purchase:
The City Manager requested approval from Council to purchase three voting
machines from Oak Park, Michigan which are used but will serve the purpose,
at the following figures: 1 @ $500; 1 @ $650 and 1 @ $700. These machines
are approximately the same age as ours and are. In fairly good condition. In-
cluding the delivery charge of about $50, the $2,000 In the budget will.
cover the purchase.
MOVED by Hoover seconded by Anderson carried to accept the recommendation of
the City Manager and authorize purchase of three voting machines from Oak
Park, Michigan, as quoted February 7, 1975,by Gomputer Election Systems.
Bills and Claims:
MOVED by Moberg seconded by Anderson carried to accept and pay the bills.
Approval of Rozman Lot Division:
The City Manager requested Council approval on the Rozman lot division.
MOVED by Hoover seconded by Anderson carried to approve the waiver of the
Platting Ordinance and splitting the Rozman lot into three parcels, as
follows:
Parcel. I - South 70 feet of Outlot 1, Trach's 2nd
Addition, Hennepin County, Minn.
Parcel II- 410 Dakota Avenue South - Easterly 113.81.
feet of Outlot 1, Trach's 2nd Addition,
lying North of the Southerly 70 feet
thereof, Hennepin County, Minnesota.
Parcel III -400 Dakota Avenue South - That part of
Outlot 1., Trach's 2nd Addition, lying
North of the South 70 feet & Westerly
of the East 11.3.81 .feet of said Outlot 1.,
Hennepin County, Minnesota.
Regular Meeting of the City Council, February 18, 1975
Adjournment:
MOVED by Rix, seconded by Hoover, carried to adjourn the Council meeting
at 1 A. M.
�A"M
Attest:
Deputy City Clerk
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