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04-19-76 City Council MinutesREGULAR MEETING of the CITY COUNCIL April 19, 1976 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 Gold- en Valley Road in said City on April 19, 1976 at 6:30 p.m. The following members were present: Anderson, Johnson, Hoover, Swartz and Thorsen. Also present were City Manager Barkley G. Omans, City Attorney Robert M. Skare, City Engineer Lowell E. Odland and City Clerk Mary H. Marske. Approval of Minutes of April 5. 1976 MOVED by Johnson, seconded by Anderson and carried to approve the minutes of April 5, 1976 as corrected. Approval of Minutes of April 7, 1976 MOVED by Johnson, seconded by Swartz and carried to approve the minutes of April 7, 1976 as corrected. Approval of Bills MOVED by Swartz seconded by Thorsen and carried to approve payment of the verified accounts submitted on the prelist. Approval of Licenses MOVED by Anderson, seconded by Johnson and carried to approve the issuance of the licenses as submitted by the City Clerk. LICENSES FOR APPROVAL APRIL 19, 1976 NO. LICENSEE TYPE FEE 4155 Honeywell, Inc. Food Est. $100.00 4156 Honeywell, Inc. Vend P 15.00 4157 Honeywell, Inc. Vend NP 7.50 4158 Palm Beach Beauty Supply Vend NP 10.00 4159 Golden Valley Ice Center Vend NP 7.50 4160 A. & W. Drive -In Vend NP 5.00 4161 Big B's Pizza Food Est. 100.00 4162 Burger King Corp. Food Est. 100.00 4163 Golden Valley Ice Center Cig. 12.00 4164 Leo's Service Cig. 9.00 4165 Leo's Service Food NP 10.00 4166 Leo's Service Gas Station 40.00 4167 Golden Valley Health Center Vend P 50.00 4168 W T C N Vend P 20.00 4169 Golden Valley Health Center Vend NP 32.50 4170 W T C N Vend NP 12.50 4171 Tyrol West Vend NP 10.00 4172 Winnetka Coffee Kup Food Est. 100.00 4173 Buddy's Hair Crimpers Vend NP 5.00 4174 L-0 Distributors, Inc. Vend NP 5.00 Councilmember Thorsen abstained from voting on the license for Big B's Pizza. Councilmember Swartz abstained from voting on the issuance of license to Jim Lupient Oldsmobile. Civil Service Commission Minutes - 3/17/76 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Civil Service Commission of March 17, 1976. Planning Commission Minutes - 4/12/76 MOVED by Thorsen, seconded by .Johnson and carried to receive and file the minutes of the Planning Commission of April 12, 1976. Call Public Hearing - Ernst Re Zoni__a MOVED D� Anderson, seconded by Johnson and carried to call a public hearing for the purpose of re -zoning the Ernst property for May 17, 1976. Call Public Hearings - Boone & Plymouth MOVED by Anderson, seconded by Johnson and carried to call a public hearing regarding rezoning of the public works site at Boone and Plymouth for May 17, 1976. Board of Zoning Anneals Minutes - 4/13/76 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Board of Zoning Appeals of April 13, 1976. Human Rights Commission Minutes -4/8/76 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of April 8, 1976. The Council briefly discussed the letter received from the Chairman of the Human Rights Commission, Ron Haskvitz regarding Dover Hills. Regular Meeting of the City Council of April 19, 1976 NO. LICENSEE TYPE FEE 4175 Russell's G V Texaco 1875 N. Lilac Vend NP $ 10.00 4176 Russell's G V Texaco Vend P 15.00 4177 Russell's G V Texaco Gas Station 60.00 4178 Golden Valley House Food Add'1 Facilities 40.00 4179 KFC Operating Co. of Minn. Food Est. 750 Decatur No. 100.00 4180 KFC Operating Co. of Minn. Food Est. 7600 Olson H'wy 100.00 4181 KFC operating Co. of Minn. Food Est. H. Salt Fish 100.00 4182 KFC Operating Co. of Minn. Food Vehicles - Per. 75.00 fleet 4183 Lupient Oldsmobile Company Vend NP 7.50 4184 Mpls. Elks Club Vend NP 5.00 4185 Golden Valley Civic Center Vend NP 5.00 4186 Mpls. Elks Club Food Est. 120.00 Councilmember Thorsen abstained from voting on the license for Big B's Pizza. Councilmember Swartz abstained from voting on the issuance of license to Jim Lupient Oldsmobile. Civil Service Commission Minutes - 3/17/76 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Civil Service Commission of March 17, 1976. Planning Commission Minutes - 4/12/76 MOVED by Thorsen, seconded by .Johnson and carried to receive and file the minutes of the Planning Commission of April 12, 1976. Call Public Hearing - Ernst Re Zoni__a MOVED D� Anderson, seconded by Johnson and carried to call a public hearing for the purpose of re -zoning the Ernst property for May 17, 1976. Call Public Hearings - Boone & Plymouth MOVED by Anderson, seconded by Johnson and carried to call a public hearing regarding rezoning of the public works site at Boone and Plymouth for May 17, 1976. Board of Zoning Anneals Minutes - 4/13/76 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Board of Zoning Appeals of April 13, 1976. Human Rights Commission Minutes -4/8/76 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of April 8, 1976. The Council briefly discussed the letter received from the Chairman of the Human Rights Commission, Ron Haskvitz regarding Dover Hills. Regular Meeting of the City Council of April 19, 1976 The City Manager suggested that in view of the proposed development consid- -W >' eration be given to the lot north and easterlyof the a'004)a proposed P.U.D. MOVED by Anderson, seconded by Swartz and carried to convey to the Planning U y Commission that the Council is seriously considering locating a fire station x 0& in the general area recommended by the S.E. Fire Station Site Committee but would/.-i� the City Manager and request that the Planning Commission submit an evalua- tion of the alternate site to the Council. MOVED by Anderson, seconded by Johnson and carried to request the S.E. Fire Station Site Committee to submit a comment to the Council on the alternate site. A number of residents along Glenwood Avenue submitted a petition stating their opposition to consideration of 4010 Glenwood Avenue as a possible location for a new fire station. Xerxes Avenue Paving - Golden Valley Road south to 14bh Avenue North The City Engineer briefly summarized the proposed paving project on Xerxes Avenue from Golden Valley Road south to 14th Avenue North to be constructed by the City of Minneapolis. Councilmember Swartz requested permission to leave the table in regard to his possible conflict interest of on this item. MOVED by Anderson, seconded by Johnson and carried to direct the Mayor to submit a letter to the Housing and Urban Development Commission for the purpose of withdrawing the objections previously submitted to HUD regarding Dover Hills. Bassett Creek Flood Control Commission Minutes - 3/18/76 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of March 18, 1976. 0 Environmental Commission Minutes - 4/12/76 .� MOVED by Anderson, seconded by Thorsen and carried to receive and file (U > the minutes of the Environmental Commission of April 12, 1976. 0 a S.E. Fire Station Site Committee Report Mr. G. William Forester, chairman of the S.E. Fire Station Site Committee v appeared before the Council to submit the report of the committee in regard to the study they had done on site selection. Chairman Forester advised a the Council that included in the report was a letter from Richard F. Sachs, o one of the owners of property lying to the Northwest of the intersection of c 0 Turners Crossroads and Laurel Avenue. �`� c� 0 Mr. Sachs letter advised that the property is presently under planning for r' `° a luxury apartment building and objected to a fire station being proposed v on or near the site. .Ly a The City Manager suggested that in view of the proposed development consid- -W >' eration be given to the lot north and easterlyof the a'004)a proposed P.U.D. MOVED by Anderson, seconded by Swartz and carried to convey to the Planning U y Commission that the Council is seriously considering locating a fire station x 0& in the general area recommended by the S.E. Fire Station Site Committee but would/.-i� the City Manager and request that the Planning Commission submit an evalua- tion of the alternate site to the Council. MOVED by Anderson, seconded by Johnson and carried to request the S.E. Fire Station Site Committee to submit a comment to the Council on the alternate site. A number of residents along Glenwood Avenue submitted a petition stating their opposition to consideration of 4010 Glenwood Avenue as a possible location for a new fire station. Xerxes Avenue Paving - Golden Valley Road south to 14bh Avenue North The City Engineer briefly summarized the proposed paving project on Xerxes Avenue from Golden Valley Road south to 14th Avenue North to be constructed by the City of Minneapolis. Regular Meeting of the City Council of April 19, 1976 The Mayor then opened the meeting for hearing. Mr. Dave Johnson, 1633 Xerxes Avenue North presented a petition to the Council stating opposition by the area residents in regard to the paving project. Lee Hickey, 1631 Xerxes Avenue North asked the proposed cost of the pro- ject in relation to the full paving of the street. Willie Shellman, 1645 Xerxes Avenue North asked for a definition of "bene- fitted property", John Malven, 1707 Xerxes Avenue North expressed concern regarding the speed- ing problem presently experienced on Xerxes Avenue. Dave Johnson, 1633 Xerxes Avenue North advised the Council of the general hazardous nature of traffic movement on Xerxes Avenue. Mrs. Leah Bernstein, 1711 Xerxes Avenue North expressed concern in regard to automotive pollution with the increased traffic flow on Xerxes Avenue, Mrs. Anita Kostak, 1715 Xerxes Avenue North advised the Council of the pro- blem of the Ewald Dairy trucks wrecking the curb in the general area of the Ewald plant. Lee Hickey, 1631 Xerxes Avenue North stated that the Ewald trucks created a traffic hazard on the street. Mr. John Malven, 1707 Xerxes Avenue North asked the Council how to proceed to have additional stop signs installed on Xerxes. Mrs. Clair Hickey, 1631 Xerxes Avenue North asked how long the access to their homes would be blocked during the construction period. The Mayor then closed the public hearing. * SEE RESOLUTION AS ADOPTED ON PAGE 78. Councilmember Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Approving Plans and Specifications and Ordering Manner of Construction - 76 SI 2) The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Johnson, Hoover, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declar- ed duly passed and adopted, signed by the Mayor, and his signature attested by the City Clerk. See Resolution Book page_/ Motor Vehicle Dealers Ordinance - 1st Reading Councilmember Swartz requested permission to leave the table in regard to his possible conflict of interest on this item. Regular Meeting of the City Council of April 19, 1976 One of the motor vehicle dealers of Golden Valley appeared to request the first reading of the Motor Vehicle Dealers Ordinance be deferred to the next meeting to allow them time to prepare comment on the ordinance. MOVED by Anderson, seconded by Johnson and carried to defer the first read- ing of the Motor Vehicle Dealers Ordinance to the agenda of May 3, 1976. Weed Ordinance Amendment - 1st Reading MOVED by Anderson, seconded by Johnson and carried to bring on for a first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Control of Weeds and Vegetation - Mowing Requirements) MOVED by Anderson, seconded by Johnson 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 Johnson - Yes Hoover - Yes Swartz - - Yes Thorsen - Yes No Parking on Yosemite - St. Croix South to Cul du Sac Mr. D. Jay Almquist, administrator of Colonial Acres appeared to explain the parking problem on Yosemite in the vicinity of Colonial Acres. Mr. William Kreber, 1500 Yosemite Avenue presented the Council with a pet- ition from the residents of the area requesting no parking on the west side of Yosemite. Mr. Severt Legred, 1610 Yosemite Avenue agreed verbally with the petition statement. Mr. Jim Culhane, 1430 Yosemite Avenue asked for clarification of which side of Yosemite would be posted "No Parking". Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Restricting Parking on Certain Portions of Yosemite Avenue) The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signa- ture attested by the City Clerk. See Resolution Book page_/W_. Regular Meeting of the City Council, April 19, 1976 Waiver of Platting - 3940 Glenwood Ruth Thorness, 3940 Glenwood appeared to request a division of her property into two parcels. MOVED by Johnson, seconded by Anderson and carried to reinstate the deferred special assessments for 3940 Glenwood Avenue: Street Improvement 1973 (GG) - $1,792.98, Street Improvements 1973 - (BS) - $1,092.89, Street Improvements 1973 - (CG) - $472.89, Lateral Sewer - 1973 - $1,855.00, Water Main 1973 - $1,017.38. MOVED by Anderson, seconded by Johnson and carried to approve the waiver of the platting ordinance to allow division of the property at 3940 Glenwood Avenue subject to dedication of ten feet for right of way for Roanoke Circle and assign the following legal description to the two divided lots. 4013 Roanoke Circle That part of the West 1 Acre of the South 3 Acres of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29, Range 24, Hennepin County, Minnesota, lying North of the South 214.30 Feet, as measured along the East and West lines thereof and lying South of RUSSELL'S WIRTH PARK Addition, according to the plat thereof and file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Subject to Roanoke Circle over the North 10 feet there- of. 3940 Glenwood Ave. The South 214.30 feet, as measured along the East and West lines of the West 1 Acre of the South 3 Acres of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 19, To,4nship 29, Range 24, Hennepin County, Minnesota. Subject to Glenwood Ave. over the South 33 feet thereof. Wine License Request - My II Mr. Sherman Winthrop representing My II was present to request the issuance of a wine license for the establishment. MOVED by Swartz, seconded by Anderson and carried to approve issuance of the wine license. Councilmember Johnson voted nay. MOVED by Anderson, seconded by Johnson and carried to place on the agenda of the next meeting a discussion of the policies in regard to issuance of "On Sale", "Off Sale" and "Wine" licenses. Purchase Agreement - South Ponding Area - Laurel Avenue MOVED by Anderson, seconded by Johnson and carried that the Council concurs with the purchase agreement submitted by the City Manager in regard to pur- chasing the ponding area. Regular Meeting of the City Council, April 19, 1976 Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing and Directing the Mayor and City Manager to Execute a Purchase Agreement for the Acquisition by the City of Golden Valley of Certain Lands from Alexander & Sons, Inc.) The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolu- tion was declared duly passed and adopted, signed by the Mayor, and his signature attested by the City Clerk. See Resolution Book page. MOVED by Anderson, seconded by Johnson and carried to appropriate funding for the acquisition of the South Fork ponding area as follows: 70% ($144,200.00) from Public Works Reserve Fund Unappropriated Fund balance and 30% ($61,800.00) to be appropriated from General Fund Program 028 (Land Purchase Contingency) to Program 029 - Transfers to Other Funds and to direct transfer of $61,800.00 from the General Fund to the Public Works Reserve Fund and to stipulate that the transfer from the General Fund is from the Contingency set up from the 1976 budget as Use of Revenue Sharing Funds. Mayor Hoover voted nay. MOVED by Anderson, seconded by Hoover and carried to amend the motion of the Council of November 17, 1975 to eliminate the sentence "Also subject to the City being reasonably able to acquire the ponding area necessary to make the drainage adequate and functionable and subject to the City being able to negotiate or acquire the land necessary to put in Western Avenue". Council Budget Procedure Administrative Aide Jeff Sweet appeared to answer any questions the Council had in regard to his memo of April 5, 1976. MOVED by Swartz, seconded by Johnson and carried to instruct the Staff to set the necessary meetings to implement the Budget Procedure Program pro- posed. Supplemental Community Development Allocations Administrative Aide Jeff Sweet was present to answer questions of the Council regarding his memo of April 9, 1976 regarding Community Development B1ook Grant Allocations. MOVED by Swartz, seconded by Johnson and carried to approve the allocations of the supplemental funds received for the Housing and Community Development Grant to be used for Lakeview Park. David Stamps - Re: Resignation from Environmental Commission MOVED by Anderson, seconded by Johnson and carried to receive and file the Regular Meeting of the City Council of April 19, 1976 letter of resignation from David Stamps and direct the Clerk to send a letter of appreciation to Mr. Stamps for his service on the Environmental Commission. Mrs. Lawrence Lubowitz - Re: Dover Hills MOVED by Anderson, seconded by Johnson and carried to receive and file the letter received from Mrs. Lawrence Lubowitz regarding her residence at Dover Hills. Flood Plain_ Ordinance Amendments - Set Hearing - 6/7/76 MCIVED by Swartz, seconded by Thorsen and carried to set a public hearing on the Flood Plain Ordinance Amendments for June 7, 1976. Revenue Sharing Planned Use Report MOVED by Anderson, seconded by Johnson and carried to authorize the alloca- tion of $52,748.00 out of the Revenue Sharing Funds for the 1977 Sidewalk Program. Gas Station Ordinance MOVED by Anderson, seconded by Thorsen and carried to defer this matter to the Agenda of May 3, 1976 for first reading and send a copy to all the gas- oline stations in the area with a cover letter stating the date of the public hearing. Quotations - Golf Course Top Dresser MOVED by Swartz, seconded by Johnson and carried to authorize the purchase of the golf course top dresser from the R. L. Gould Company in the amount of $1,395.00. Public Works Garage - N.I.C. Items MOVED by Anderson, seconded by Johnson and carried to authorize the City Manager to execute a Change Order to remove $8,800.00 out of the contract regarding the construction of retaining walls. MOVED by Anderson, seconded by Johnson and carried to authrorize the financ- ing from Public Works Improvement Fund, $31,150.00 for bituminous surfacing curb and gutter, fencing, landscaping etc., for the public works garage. Storm Sewer Hearing - 76 SS 3 Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 76 SS 3 1 Regular Meeting of the City Council of April 19, 1976 The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz and upon vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Hoover, Swartz and Thorsen, 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 Clerk. March Budget Report MOVED by Anderson, seconded by Swartz and carried to receive and file the March Budget Report as submitted. Bid Opening - 4/15/76 - Water Meters MOVED by Thorsen, seconded by Anderson and carried to authorize purchase of the season's requirements of water meters from the Badger Meter Company. Acceptance of L.E.A.A. Planning Grant MOVED by Anderson, seconded by Johnson and carried to authorize the Staff to accept the L.E.A.A. Grant for the purpose of establishing a Community Profile. Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Submission of the Grant Application and Execution of the Grant Agreement) The motion for the adoption of the foregoing resolution was seconded by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof; Anderson, Johnson, Hoover, Swartz and Thorsen, 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 City Clerk. See Resolution Book page State Highway Dept. - Re: T.H. 100 & T. H. 12 Bituminous Overlay MOVED by Anderson, seconded by Johnson and carried to place on the agenda of May 3, 1976 the matter of the bituminous overlay on T.H. 100 and T.I1 12 as proposed by the State Highway Department and notify the residents of South and North Tyrol and Mr. Darrell Natz and Dave Brown and request the Staff obtain information on the negotiability regarding removal of trees. Schedule of Meetings with Board & Commissions MOVED by Swartz, seconded by Johnson and carried to adopt the schedule as presented by the City Manager regarding schedul-0 of meetings with the Boards and Commissions with the change of the date of meeting with the Human Rights Commission to May 13, 1976. Mary Anderson - Re: I-394 Resolution / P.U.D. Procedure The Council determined to defer discussion of this item to the meeting with Regular Meeting of the City Council of April 19, 1976 the Planning Commission on the Schedule of Meetings with Boards and Commissions. MOVED by Thorsen, seconded by Anderson and carried to direct the Staff to send letters to the adjacent property owners along the drainage ditch where dumping has occurred on City property recently. Rosemary Thorsen - Re: Two Suggestions Council briefly discussed the contents of the memo from Rosemary Thorsen and determined to continue discussion after the meeting with the Park and Recreation Commission and the Engineer on April 29, 1976. Metropolitan Council Advisory Commissions MOVED by Johnson, seconded by Thorsen and carried to request the Mayor to direct a recommendation on the appointment of the City Engineer Lowell E. Odland to the Technical Advisory Committee to the T. A. B. The Council adjourned at 1:15 A.M. to reconvene on April 29, 1976 at 6:30 p.m. for the purpose of meeting with the Park and Recre tion Commission at Brookview and later with the Engineer on the south f rainage problem. Mayor Attest: City C erk * From page 72 Member Anderson then introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 76 -SI -2 The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, 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 City Clerk. See Resolution Book page