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06-07-76 City Council Minutes1 REGULAR MEETING of the CITY COUNCIL June 7, 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 Golden Valley Road in said City on June 7, 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. Mayor Hoover asked to be excused to attend a civic function and requested that Councilmember Anderson chair the meeting during his absence. Approval of Minutes of May 17, 1976 MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of May 17, 1976 as submitted. Approval of Bills MOVED by Thorsen, seconded by Swartz and carried to approve payment of the verified accounts as submitted on the prelist. Approval of Licenses LICENSES FOR APPROVAL June 7, 1976 No. Licensee Type Fee 4213 Russell's Texaco Station Vend NP $ 5.00 4214 Golden Valley Shell 3900 Olson Vend NP 5.00 4215 Courage Center Food Est. Exempt 4216 Schuller's Kitchen, Inc. Food Lic. addition 20.00 4217 United Dressed Beef, Inc. Food Vehicles 50.00 4218 Schumacher Meats, Inc. Food Vehicles 50.00 4219 Edina Morningside Sanitation Garbage 26.00 4220 The Mengelkoch Company Garbage 52.00 4221 Browning Ferris Industries Garbage 182.00 4222 Ost Sanitation Service Garbage 26.00 4223 Nisgood Company Garbage 26.00 4224 Nistler Rubbish Removal Garbage 26.00 4225 Woodlake Sanitary Service Garbage 182.00 4226 Twin City Auto Glass, Inc. Itin. Food 10.00 4227 Kentucky Fried Chicken Catering Food Ve. 50.00 4228 A. & B. Trucking Garbage 52.00 4229 Dave's Sanitation Garbage 26.00 4230 Ray Anderson & Sons Garbage 26.00 4231 Harry Inberg Garbage 26.00 4232 Town Taxi Taxi -Cab (46) 506.00 MOVED by Swartz, seconded by Thorsen and carried to approve the issuance of the licenses as submitted by the City Clerk. Regular Meeting of the City Council of June 7, 1976 Club, Sunday and On -Sale Liquor License Renewals MOVED by Johnson, seconded by Thorsen and carried to approve renewal of the Club, Sunday and On -Sale Liquor Licenses as submitted by the City Clerk. Councilmember Thorsen abstained from voting on approval of issuance of the license for Jax of Golden Valley. Buildinz Board of Review Minutes - May 18, 1976 MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of the Building Board of Review of May 18, 1976. Civil Service Commission Minutes - April 28, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Civil Service Commission of April 28, 1976. Planning Commission Minutes - May 24, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission of May 24, 1976. Council Tour of Golden Valley Health Center John Brenna, Director of Parks and Recreation appeared before the Council to set a date for the Council to tour the Golden Valley Health Center grounds with the Open Space and Trail Committee. The Council determined to meet for the tour on June 22, 1976 at 12:30 P.M. Waiver of Platting - Golden Valley Sales, Inc. (2301-2335 Nevada North) MOVED by Thorsen, seconded by Swartz and carried to approve the waiver of platting as requested by Golden Valley Sales, Inc., and recommended by the Planning Commission and assign the following legal description to the newly divided lots: 2335 Nevada Lot 6 & Lot 7, Block 2, and that part of Outlot 1, Advertis- ing -Creative Center, Hennepin County, Minnesota, lying between the extension westerly of the north and south lines of said Lot 6 & Lot 7, and that part of Lot 5, Block 2, Advertising -Creative Center described as follows: Beginning at the northeast corner of said Lot 5; thence on an assumed bearing of South 0 degrees 04 minutes 40 seconds East along the east line of said Lot 5 a dis- tance of 14.84 feet; thence North 89 degrees 31 minutes 59 seconds West to the westerly line of said Outlot 1; thence northwesterly along the westerly line of said Outlot 1 to Its intersection with the north line of said Lot 5 extended westerly, thence East along the north line of said Lot 5 to the point of beginning. Regular Meeting of the City Council of June 7, 1976 2301 Nevada Lot 4 4 Lot 5, Block 2, and that part of Outlot 1, Advertis- ing -Creative Center, Hennepin County, Minnesota, lying between the extension southerly of the east line of said Lot 4 and the extension westerly of the northerly line of said Lot 5, except the following: Beginning at the northeast corner of said Lot 5; thence on an assumed bearing of South 0 degrees 04 minutes 40 seconds East along the east line of said Lot 5 a dis- tance of 14.84 feet; thence North 89 degrees 31 minutes 59 seconds West to the westerly line of said Outlot 1; thence northwesterly along the westerly line of said Outlot 1 to its intersection with the north line of said Lot 5 extended westerly, thence East along the north line of said Lot 5 to the point of beginning. Human Rights Commission Minutes - May 131976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Human Rights Commission of May 13, 1976. MOVED by Swartz, seconded by Johnson and carried to request"the Mayor to direct a letter to the Human Rights Commission requesting a copy of the Commission Chairman's letter to School District 281 regarding the gradua- tion ceremonies. Also inviting the Human Rights Commission to refer questions to the Council for discussion and advise the Human Rights Commission that all matters of policy of this nature require discussion and action of the Council before they are conveyed to any third party. Human Rights Commission Chairman - Re: Youth Employment Service MOVED by Johnson, seconded by Thorsen and carried to defer discussion of this item to the meeting of June 21, 1976 as requested by the Human Rights Commission Chairman. Human Riehts Commission Chairman - Re: Drus Forum and Familv Life WorkshoD MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter from the chairman of Human Rights Commission in regard to the Drug Forum and the Family Life Workshop. Environmental Commission Minutes - May 10, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission of May 10, 1976. Park and Recreation Commission Minutes --May-27 1976 MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Park and Recreation Commission of May 27, 1976 Regular Meeting of the City Council of June 7, 1976 Open mace & Trails Committee Minutes - May 19, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Open Space and Trails Committee of May 19, 1976 Annual Board of Review Minutes - May 27, 1976 MOVED by Swartz, seconded by Thorsen and carried to approve the minutes of the Annual Board of Review of May 27, 1976. C. L. I. C. Minutes - May 18, Max 25 & June 1, 1976 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Capital Long -Range Improvement Committee of May 19, May 25 and June 1, 1976. Y. M. C. A. - Detached Worker The City Manager informed the Council that Doug Freeman would be leaving the Detached Worker Program sponsored by the Y. M. C. A. MOVED by Johnson, seconded by Thorsen and carried to request the Mayor to direct a letter of appreciation to Doug Freeman for his services to the community as the Detached Worker. Public Works Sites The Council briefly reviewed past discussion on public works sites. MOVED by Swartz, seconded by Johnson and carried to postpone further con- sideration of public works sites until the meeting of August 16, 1976. L. 0. G. I. S. Annual Report MOVED by Swartz, seconded by Johnson and carried to receive and file the L.O.G.I.S. Annual Report. Mr. Pat Flanagan, resident on Turnpike'Road appeared before the Council to request permission to speak to the Council on some of his concerns in regard to city matters. The Council requested that he present his concerns in written form to the City Clerk before the next Council meeting and the item would be placed on the agenda at that time. The Mayor returned to the Council meeting at 7:25 P.M. Proposed Uses of Boone & Plymouth Avenue Site The Council briefly discussed the memo from the City Manager in regard to possible uses of the Boone & Plymouth Avenue site. MOVED by Swartz, seconded by Johnson and carried to request the Manager to explore the possible extension of the purchase option and determine what terms would be possible. Regular Meeting of the City Council of June 7, 1976 Bid Opening - Asphalt Surfacing - Tennis Courts The City Manager presented the tabulation of bids received for tennis and multiple -use court surfacing. MOVED by Anderson, seconded by Johnson and carried to award to the low bid- der, London Construction, at $11,200.00 as recommended by the City Manager. Bid Opening - 76 SS 3 - Golden Valley Road and Rhode Island The City Manager presented the tabulation of bids received on the 76 SS 3 and 76 SI I project. MOVED by Johnson, seconded by Anderson and carried to award the contract to J and T Contracting at the low bid of $85,025.00 as recommended by the City Manager. Bid Opening - 73 SI 15A and 73 SI 16A - 23rd and Rhode Island The City Manager presented the tabulation of bids received on the 73 SI 15 and 73 SI 16 project. MOVED by Anderson, seconded by Thorsen and carried to award the contract to the low bidder, Hardrives, Inc., in the amount of $62,000.86 as recom- mended by the City Manager. Bid Opening - Retaining Walls - Seasons Requirements The City Manager presented the tabulation of bids received on season require- ments for retaining walls. MOVED by Anderson, seconded by Johnson and carried to award the contract to the low bidder, Midland Nurseries, in the amount of $14,700.00 as recommend- ed by the City Manager. R.S.L. 66 - Drake Road The City Clerk presented an affadavit showing publication in the official newspaper of the notice of public hearing on residential street lighting. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced that the meeting was open for public hearing on said residential street lighting and persons present to do so were afforded opportunity to express their views thereon. The City Engineer distributed copies of an amended petition received from the property owners affected by the R.S.L. 66 project on Drake Road and Quail Avenue. E. J. Welborne, 4821 Drake Road stated opposition to three street lights. W. E. Miner, 4790 Drake Road objected to the proposed plan because a pole would be erected in his front yard. Regular Meeting of the City Council of June 7, 1976 John Olinger, 3350 Quail Avenue North does not object to the assessment for street lighting but feels one light is sufficient. Andrew Rocheleau, 4910 Drake Road stated that he originally requested the project. R. S. Zehoske, 3307 Quail Avenue stated the street light was too far from their property to fill their needs. Mrs. I. S. Zehoske, 3307 Quail Avenue stated a light is needed further south of Quail. L. J. Schamaitat, 4820 Drake Road supported underground decorative lighting and asked if it could be considered. The Engineer explained the factors involved with underground decorative lighting and the expenses involved. The Mayor then closed the public hearing. Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION (Ordering Construction of Certain Proposed Public Improvements) R.S.L. 66 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, 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 76 SI 5 - 10th Avenue Improvements (W. Lewis Rd. to Winnetka) The City Clerk presented an affidavit showing publication in the official newspaper of the notice of public hearing on certain proposed public improve- ments. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced that the meeting was open for hearing on said public improvements and persons present to do so were afforded opportunity to express their views thereon. No persons were present to express opposition. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Ordering Construction of Certain Proposed Public Improvements) 76 SI 5 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, 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 ?,00 Regular Meeting of the City Council of June 7, 1976 Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Approving Plans and Specifications and Ordering Manner of Construction) 76 SI 5 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, 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 signa- ture attested by the City Clerk. See Resolution Book page Z01 Preliminary Plat - Tyrol West Addition Katherine Herje, representing the Planning Commission presented the find- ings of the Commission in regard to the Tyrol West Addition and explained that the plat being presented to the Council was not the same plat as re- viewed by the Planning Commission. A letter from the State Highway Depart- ment indicates that the plat should be referred back to Planning Commission in regard to their concerns for traffic noise. Wayne Jopp, contractor and Fred Held, owner of the property appeared to submit their proposal. The Mayor announced that the meeting was open for hearing on the prelimin- ary plat and persons present to do so were afforded opportunity to express their views thereon. W. B. Hamry, 1525 Ottawa South expressed concern that the street should be maintained as a dead end. F. A. Stenborg, 1536 Princeton stated opposition to the proposal. R. G. Torbert, 1450 Ottawa stated his preference for a dead end street and objects to the opening, stating that it would create a traffic problem. J. Risch, 4800 Douglas Avenue asked what type and price of homes would be constructed. Patricia Tweet, 1510 Ottawa, owner of Lot 2, Block 2,Kavlis-Cedardale Addition was informed that the street would be maintained as a dead end when she purchased the property within the last year, but states that she would prefer construction of double -bungalow single-family dwellings on the site. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Johnson and carried to refer the preliminary plat of the Tyrol West Addition back to the Planning Commission for further consideration. Regular Meeting of the City Council of June 7, 1976 Flood Plain Ordinance Amendments - 1st Reading 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 (Amendment to the Zoning Code - Flood Plain Zoning) The City Attorney briefly described the changes this amendment would make on the original ordinance. Dr. William Haun, Vice President of General Mills posed several questions to the City Attorney regarding the Flood Plain Ordinance amendments. MOVED by Anderson, seconded by Johnson and carried to approve the amendment to the ordinance herein quoted by title on its first reading. Upon roll call bote being taken thereon, the members were recorded as voting as follows: Anderson - Yes Johnson - Yes Hoover - Yes Swartz - Yes Thorsen - Yes Motor Vehicle Dealers Ordinance - 2nd Reading Councilmember Swartz requested permission to leave the table during discussion of this matter in regard to his possible conflict of interest. MOVED by Thorsen, seconded by Johnson and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Regulating Motor Vehicle Dealers) The Mayor announced that the meeting was open for public hearing on said amendment to the City Code and persons present to do so were afforded oppor- tunity to express their views thereon. No persons presented objections. MOVED by Anderson, seconded by Thorsen and carried to approve the amendment to the ordinance herein quoted by title on its second reading and order publication thereof. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson - Yes Hoover - Yes Johnson - Yes Thorsen - Yes Gasoline Station Ordinance - 2nd Reading (Revised from 1st Reading) MOVED by Anderson, seconded by Thorsen and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Regulating Gasoline Stations) MOVED By Anderson, seconded by Johnson and carried to approve the amendment 1 1 1 L Regular Meeting of the City Council of June 7, 1976 to the ordinance herein quoted by title on its second reading and order publi- cation thereof. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson - Yes Hoover - Yes Johnson - Yes D. J. Brady - B. Z. A. Appeal - 1348 Orkla Drive Swartz - Yes Thorsen - Yes Mike Sell, Chairman of the Board of Zoning Appeals presented the findings of the Board regarding the requested waiver. The Mayor then opened the meeting for public hearing. Mr. R. D. Stroup, 1338 Orkla Drive stated he preferred expansion of the house rather than a change of residents. Mr. Brady presented his proposal for the addition to his home and formally requested an appeal. MOVED by Anderson, seconded by Thorsen and carried to grant the appeal as requested. Mayor Hoover and Councilmember Johnson voted nay. Ronald Rascop - Re: Request Mobile Home Permit - 6620 Phoenix Street The Council briefly reviewed the letter of request from Ronald Rascop, 6620 Phoenix Street, to locate a mobile home on his property during repair of his home that recently burned. MOVED by Anderson, seconded by Swartz and carried to grant approval of the request. Town Taxi - Re: Rate Increase Request Mr. Glen Bierbrauer representing Town Taxi presented the request to the Council for an increase of 10 cents per mile on their rate schedule. MOVED by Johnson, seconded by Anderson and carried to approve the mileage rate increase form 50 cents per mile to 60 cents per mile. Trevilla of Golden Valley - Re: Time Extension Mr. Paul Pink and Mr. R. A. Stinski appeared before the Council to present their request for an extension of the preliminary plat for Trevilla of Golden Valley. MOVED by Anderson, seconded by Johnson and carried to grant an extension of both the waiver and the preliminary plat to July 19, 1976. Preliminary Design of Laurel Avenue Pond The City Engineer described the proposed Laurel Avenue Pond. Regular Meeting of the City Council of June 7, 1976 continue: Laurel Avenue Pond MOVED by Swartz, seconded by Johnson and carried to approve the preliminary design and request the Engineer to proceed with the plans and specifications for the project. State Highway Department - Re: Resurfacing of T.H. 100 Councilmember Swartz introduced the following resolution and MOVED its adopt- ion: RESOLUTION (Approving Plans and Specifications for the Improvement of T.H. 100 .from T.H. 55 to the North Corporate Limits of Golden Valley by the State Highway Department) The motion for the adoption of the foregoing resolution was duly 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 resolution was declar- ed duly passed and adopted, signed by the Mayor, and his signature attested by the City Clerk. See Resolution Book page 2t U 3 Brookview Driving Range Improvements The City Manager briefly explained the difficulties encountered with the Brookview Driving Range in regard to traffic on Highway 12. MOVED by Anderson, seconded by Johnson and carried to approve the transfer of $2,200.00 and $1,850.00 from the Brookview Fund to the 1976 Budget for purchase of screening and range balls. The Manager presented quotations received for netting from the following companies: FMT Industries Inc., in the amount of $1,833.00 and Carrow Net Co. Inc., in the amount of $2,023.00. MOVED by Swartz, seconded by Johnson and carried to award the purchase to the low bidder, FMT Industries Inc., as recommended by the City Manager. The City Manager presented quotations received for range balls for the driv- ing range from the following companies: McGregor Golf Company in the amount of $1,592.50, James McNicoll in the amount of $1,624.75 and Spaulding Comp- any in the amount of $1,837.50. MOVED by Anderson, seconded by Thorsen and carried to award the purchase to the low bidder, the McGregor Company in the amount of $1,592.50 as recommend- ed by the City Manager. Extension of C.E.T.A. Contracts MOVED by Anderson, seconded by Thorsen and carried to authorize the Mayor and the City Manager to sign the amendment to the C.E. T. A. Agreement #1040. Regular Meeting of the City Council of June 7, 1976 Reschedule 1976 Seal Coat Hearing MOVED by Anderson, seconded by Swartz and carried to reschedule the 1976 Seal Coat hearing to June 21, 1976. MOVED by Johnson, seconded by Anderson and carried to change the present policy regarding notification of seal coating improvement hearings to also include notification of the assessment hearing. Street Lighting Budget MOVED by Johnson, seconded by Swartz and carried to transfer $2,500.00 from the Contingency Fund to the Street Lighting Fund due to the increase in energy costs. Call Public Hearing - Public Improvements Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION (Providing for Public Hearing on Certain R.S.L. 68 76 SI 7 76 WM 3 Proposed Improvements) 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 declared duly passed and adopted, signed by the Mayor, and his signature attested by the City Clerk. See Resolution Book page Mary Anderson - Re: Trail Through Neslund Plat MOVED by Anderson, seconded by Johnson and carried to request the Alexander Construction Company to include in their list of properties for sale the trail designation and that a sign be posted in the area of Colonial Drive adjacent to the property indicating the proposed trail. The Council discussed the ramifications of the proposed annual dinner host- ed by General Mills. The Mayor was requested to contact Mr. Leonard Nadasdy in regard to the matter. The Council adjourned at 12:35 p.m., to reconvene a :30 p.m. June 14, 1976 to meet with the Environmental Commission an a 8:00 ., the same evening for the purpose of reconvening the Boar o evi Attest: City tlerk Mayor