09-02-75 City Council MinutesREGULAR MEETING
of the
CITY COUNCIL
September 2, 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 September 2, 1975, at 8:00 P.M.
The following members were present: Anderson, Bix, Hoover, Swartz and Thor-
sen. Also present were City Manager Barkley G. Omans, City Attorney Robert
M. Skare, City Engineer Lowell Odland and City Clerk Mary H. Marske.
Approval of Minutes of August 18, 1975:
MOVED by Thorsen, seconded by Anderson and carried to approve the minutes
of August 18, 1975 as corrected.
Public Hearing_- Rezoning - Mpls. Glass Co. - 7700 Wavzata Blvd:
The City Clerk presented an affidavit showing publication in the official
newspaper of the Notice of Public Hearing on certain proposed rezoning
request described in the minutes of the meeting of August 2, 1975. Said
affidavit was then examined, approved and ordered filed in the office of
the City Clerk.
Dr. Art Leonard of the Planning Commission presented the findings of the
commission in regard to this rezoning.
Although the proponent was not present, the Mayor opened the public hearing.
Mr. Dave Wetterlind, 1030 Rhode Island Avenue South expressed concern over
the existing traffic and parking problems.
Lowell Cole, 815 Sumter Avenue South stated his apprehension about rezoning
with the uncertainty of the I-394 matter.
Mahlon Swedberg, 516 Utah Avenue South feels the surrounding neighborhood
would suffer from the rezoning of this property.
Albin Winkels, 914 Sumter Avenue South reiterated the objections voiced by
the others in regard to the rezoning.
Edmund Noren, 840 Sumter Avenue South stated the area has been gradually
desecrated and further rezoning would just magnify present problems.
Lyle Larson, 830 Rhode Island Avenue South explained the residential history
of the area.
Gerald Ritter, 1033 Sumter Avenue South opposes the rezoning because of
heavy traffic, parking problems and expanding an unsightly area.
The Mayor then closed the public hearing.
Regular Meeting of the City Council, September 2, 1975
MOVED by Anderson, seconded by Thorsen and carried to deny the request for
rezoning of the property at 7700 Wayzata Boulevard.
B.Z.A. Foto Mat Corp. Golden Hills Shopping Center:
Mahlon Swedberg of the Board of Zoning Appeals stated the findings of the
board in regard to the Foto Mat request in the Golden Hills Shopping Center.
The Board in its action of July 9, 1975 had recommended denial of the re-
quest due to the conjestion problem already in existence.
MOVED by Bix, seconded by Anderson and carried to deny the appeal made by
Foto Mat, Inc., for a waiver of Section 14:02 to allow expansion of the
existing non -conforming use.
B.Z.A. Foto Mat Corp. - SSprinpz Gate Shopping Center:
Mahlon Swedberg advised the council that the Board of Zoning Appeals had
also denied the request for waiver of Section 1:03 and 13:01 allowing con-
struction of a Foto Mat booth in the Spring Gate Shopping Center.
MOVED by Thorsen, seconded by Bix and carried to deny the appeal made by
Foto Mat, Inc., as recommended by the Board of Zoning Appeals. Councilman
Swartz voted nay.
Grossman -Carlson - Drainage Problem - Duluth & Kelly:
The Council reviewed the correspondence received from Kenneth Carlson and
Gary Grossman.
:MOVED by Anderson, seconded by Swartz and carried to direct the City Attor-
ney to research this specific case and make a recommendation in regard to (1)
the determination of the city's liability (2) what future or potential respon-
sibility the city might be asked to assume in similar situations if action is
taken on this request and (3) investigate the insurance liability.
Winnetka Heights - High Water Damage:
Mr. John Hagan of 7520 Winnetka Heights Drive appeared before the council in
regard to erosion along the pond that his property abuts. Several of his
neighbors, he explained, are experiencing the same problem.
MOVED by Anderson, seconded by Thorsen and carried to request the staff to
study the situation and propose a solution that would take into account con-
cerns such as cost and design of a retaining wall that would prevent further
erosion of private property.
Human Rights Commission - Re: Age Non -Discrimination:
William Barbeau of the Human Rights Commission was present to recommend the
Human Rights Ordinance be amended to include age discrimination.
MOVED by Anderson, seconded by Swartz and carried to instruct the City Attor-
ney to amend the present Human Rights Ordinance to incorporate age discrimin-
ation in reference to persons between 18 and 65.
Regular Meeting of the City Council, September 2, 1975
MOVED by Bix, failed for lack of second to amend the motion to extend the
age to '18 and over'.
Petition - Re: Valley D'Or Drainage Problem - Mel Davis:
Councilmember Anderson requested permission to leave the table during
discussion of this item in regard to her possible conflict of interest.
Mel Davis of 7465 Harold Avenue North appeared to voice objections to
the progress and manner of development of the Valley D'Or property.
Mr. Bill Casper of First Wisconsin Mortgage Company was present to offer
some thoughts and variations of landscaping and drainage.
MOVED by Swartz, seconded by Thorsen and carried to defer action on this
matter with a request to the developer to (1) present a report as to the
landscape work done and the extent of compliance and non-compliance with
the terms of the P.U.D., (2) prior to the next meeting that there be con-
sultation between the developer and the neighboring homeowners regarding
the report and proposed adjustments and (3) during the interim the status
quo be maintained.
Police Association - Lighted Flag Proposal:
LeRoy Trandem representing the Golden Valley Police Association was present
to propose the installation of flood lights to illuminate the flag flown at
the Civic Center enabling the city to fly the flag twenty-four hours per
day.
MOVED by Bix, seconded by Swartz and carried to approve the proposal pre-
sented by the Police Association with the costs of electricity and mainten-
ance to be held by the city.
Golden Hills Liquor Store-- Change of Ownership:
A request for approval of the transfer of off -sale liquor license of the
Golden Hills Liquor Store to Blaine G. Borchers and Charles J. Gross was
presented to the council.
MOVED by Bix, seconded by Anderson and carried to approve the transfer based
on the recommendation of the City Manager and City Attorney.
License List Approved:
MOVED by Anderson, seconded by Thorsen and carried to approve the licenses
as presented on the license list.
Please see next page.
I�
Regular Meeting of the City Council, September 2, 1975
LICENSES FOR APPROVAL SEPT. 15s 1975
No. Licensee Type Fee
3683
Golden Valley Super Valu
Vend NP
$ 5.00
3684
Red Lobster Inns of America
Cigarettes
12.00
3685
Red Lobster Inns of America
Food Establishment
100.00
3686
Rod Hopp Shows, Inc.
Itin. Food & Amus. Rides
50.00
3687
Westview Superette
Food Establiskmant
50.00
3688
Westview Superette
Cigarettes
6.00
3689
Westview Superette
Malt -Off -Sale
25.00
3690
Childrens Theatre
Solicit Funds
Exempt
1976 Budget:
The Council proposed meeting to discuss the 1976 Budget for Reptember 9,
1975 at 8:00 p.m.; September 24, 1975 at 7:30 p.m.; September 29, 1975 at
7:30 p.m.; and September 22, 1975 at 7:30 p.m., for the purpose of public
input. A legal notice and new release will be directed to the news media
to publicize the September 22, 1975 meeting.
Quotations - Park & Recreation:
Quotations for the removal of the Brookview Community Center steps and
sidewalk, and replacement of the same were presented to the council. Those
quotes are as follows: Einar Olson & Sons, Inc. - $1,350.00; Scandy Con-
crete Co. - $1,410.00; and Victor Carlson & Sons, Inc., $1,985.00.
MOVED by Bix, seconded by Swartz and carried to accept the low bid of Einar
Olson & Stens, as recommended by the City Manager.
Quotations for printing of the recreation brochure were received from the
following: Post Publishing Co. - $902.70; O.H. Dahlen Printing Co. - $1,095.;
and Rapid Copy Printing Co. - $1,161.00.
MOVED by Swartz, seconded by Bix and carried to accept the low bid of Post
Publishing Co., as recommended by the City Manager.
Design Report - Hwy. 55 Pedestrian Bridge:
Mr. Darrell Berkowitz of Toltz, King, Duvall and Anderson presented renderings
of two alternative pedestrian bridges, one with steps and one incorporating a
ramp.
MOVED by Bix, seconded by Anderson and carried to defer action on this matter
pending a meeting and recommendations from the Valley Square Task Force, area
merchants, staff, Park & Recreation Commission and the Planning Commission to
be held within the next two weeks.
White House Parking Lot - 4900 Hwy. 55 - Landscaping Plan & Waiver of Platting:
Mr. Irving Schectmann was present requesting a waiver of theplatting ordinance
contingent upon a landscaping plan.
Regular Meeting of the City Council, September 2, 1975
MOVED by Anderson, seconded by Thorsen and carried to grant the waiver of
platting to divide and combine the following described parcel of land:
All that part of the Northwest Quarter of Section 19, Township 29,
Range 24, described as follows: Beginning at a point in the South
line of said Northwest Quarter of Section 19, distant 487.29 feet
West of the Southeast corner thereof, thence West along the South
line of said Northwest Quarter distant 267 feet; thence North paral-
lel with the East line of said Northwest Quarter distant 193 feet;
thence East parallel with the South line of said Northwest Quarter
distant 267 feet; thence South parallel to the East line of said
Northwest Quarter distant 193 feet to the point of beginning, to-
gether with all that part of the Southeast Quarter of the Northwest
Quarter of Section 19, Township 29, Range 24, described as follows:
The South 650 feet measured from the South line of said Southeast
Quarter of the Northwest Quarter lying between a line drawn 565.71
feet East of the West line of said Southeast Quarter of the North-
west Quarter and a line drawn 874.29 feet West of the East line of
said Southeast Quarter of the Northwest Quarter, together with all
that part of the Southeast Quarter of the Northwest Quarter of Sec-
tion 19, Township 29, Range 24, described as follows: The South 650
feet measured from the South line of said Southeast quarter of the
Northwest Quarter lying between a line drawn 565.71 feet East of
the West line of said Southeast Quarter of the Northwest Quarter and
754.29 feet West of the East line of said Southeast Quarter of the
Northwest Quarter.
subject to the implementation of landscape plan as presented not later
than next spring.
Brookview Fairway Improvement & Renovation Study:
,— Sam Courey appeared to bring before the council a proposal to retain
the services of Mr. Fred Sicora to prepare a fairway improvement and
renovation study.
MOVED by Anderson, seconded by Bix and carried to authorize the City Man-
ager to draw up an agreement with Mr. Sicora which would include the items
listed in his proposal plus the addition of a nine -hole short course study
to be presented to the council at its next meeting.
Goldman Property Resolution:
Councilman Swartz requested permission to leave the table during discussion
of this item in regard to his possible conflict of interest.
Member Anderson introduced and read the following resolution and MOVED its
adoption:
RESOLUTION
(Authorizing acquisition by purchase - part of the
southeast 1/4 of the northwest 1/4, Section 19,
Township 29, Range 24)
The motion for the adoption of the foregoing resolution was seconded by
Regular Meeting of the City Council, September 2, 1975
Member Thorsen and upon the vote being taken thereon, the following voted
in favor thereof: Anderson, Bix, Hoover and Thorsen, and the following
voted against the same: None, Member Swartz abstained, whereupon said
resolution was declared duly passed and adopted, signed by the Mayor and
his signature attested by the City Clerk. See Resolution Book page.
Councilmember Bix left at 1:30 A.M.
Fire Prevention Ordinance - UQdate of Code Date:
MOVED by Anderson, seconded by Swartz and carried to bring on for a first
reading an Ordinance amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Fire Prevention Code)
MOVED by Anderson, seconded by Swartz and carried to approve the amendment
of 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:
Anderson - Yes Swartz - Yes
Hoover - Yes Thorsen - Yes
Condor Corporation - 7711 Medicine Lake Road - Waiver of Platting:
MOVED by Anderson, seconded by Thorsen and carried to approve the waiver
of platting as requested by the Condor Corporation and assign the legal
descriptions to the respective addresses as follows:
7711 Medicine Lake Road: All of Lot 12 and that part of Lots 10
and 11 lying North of a line described as beginning at a
point on the West line of Lot 11 Distant 54.86 feet South
of the Northwest corner thereof to a point on the East
line of Lot 10 distant 56.28 feet South of the most North-
easterly corner of Lot 10; all in block 1.
7020 Madison Avenue West: Lots 10 and 11 except that part lying
South of a line drawn from a point on the West line of
Lot 11 distant 54.86 feet South of the Northwest corner
to a point on the East line of Lot 10 distant 56.28 feet
South of the most Northeasterly corner and those parts
of Lots 8 and 9 lying West of a line 113.01 feet East
of, measured at right angles to and parallel with the
West line of said Lot 9 and its extension; all in Block 1.
MOVED by Anderton, seconded by Thorsen and carried to refer this matter to
the Planning Commission regarding the subject of rezoning of this property
and request input on the possible rezoning of that property directly adja-
cent presently zoned 'open zoning'.
Appointment to the Board of Building Review:
MOVED by Anderson, seconded by Swartz and carried to appoint Donald Camp-
bell to the Board of Building Review to fill the unexpired term of Glen Eiden.
Regular Meeting of the City Council, September 2, 1975
MOVED by Anderson, seconded by Swartz and carried to receive and file the
minutes of the Safety Council of July 28, 1975.
Civil Service Commission - Aust 28, 1975
MOVED by Swartz, seconded by Anderson and carried to receive and file the
minutes of the Civil Service Commission of August 28, 1975.
Inter State Study Committee
Councilmember Anderson informed the council of activities of the Inter State
Study Committee and urged a meeting of the council in the near future to
discuss this matter at length.
Scott Avenue Storm Sewer
The City Manager informed the council of a resolution recently passed by
the Crystal Council and also stated that a joint meetigg of the two councils
is being negotiated.
Bills Approved
MOVED by Swartz, seconded by Thorsen and carried to approve the payment of
the verified accounts as submitted on the prelist.
Adj ournment_
The council adjourned at 2:45 a.m. to reconvene September 9, 1975 at 8:00 p.m.
for consideration of the 1976 Budget.
B.C.F.C.C. Minutes - July 17, 1975
MOVED by Swartz, seconded by Anderson and carried
to receive and file the
minutes of the Bassett Creek Flood Control Commission
of July 17, 1975.
Planning Commission Minutes - August 25. 1975
MOVED by Anderson, seconded by Swartz and carried
to receive and file the
minutes of the Planning Commission of August 25, 1975.
Call Public Hearings - Preliminary Residential Plat
- 4240 Glenwood
COVED by Anderson, seconded by Swartz and carried
to set a public hearing
to be held on October 20, 1975 for the purpose of
reviewing a Preliminary
Residential Plat at 4240 Glenwood Avenue.
MOVED BY Thorsen, seconded by Anderson and carried
to inform the Planning
Commission that the council forsees no problem of
citizen input if decisions
made are based on good planning and feels sending
of notices should be
continued.
Safes Council Minutes - July 28, 1975
MOVED by Anderson, seconded by Swartz and carried to receive and file the
minutes of the Safety Council of July 28, 1975.
Civil Service Commission - Aust 28, 1975
MOVED by Swartz, seconded by Anderson and carried to receive and file the
minutes of the Civil Service Commission of August 28, 1975.
Inter State Study Committee
Councilmember Anderson informed the council of activities of the Inter State
Study Committee and urged a meeting of the council in the near future to
discuss this matter at length.
Scott Avenue Storm Sewer
The City Manager informed the council of a resolution recently passed by
the Crystal Council and also stated that a joint meetigg of the two councils
is being negotiated.
Bills Approved
MOVED by Swartz, seconded by Thorsen and carried to approve the payment of
the verified accounts as submitted on the prelist.
Adj ournment_
The council adjourned at 2:45 a.m. to reconvene September 9, 1975 at 8:00 p.m.
for consideration of the 1976 Budget.
178
Regular fleeting of the City Council, September 2 9 5
Attest:
City Cl k
Mayor
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