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10-18-76 City Council Minutes1 1 F1 REGULAR MEETING of the CITY COUNCIL October 18, 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 October 18, 1976 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson, Swartz and Thorsen. Also present were City Manager Barkley G. Omans, City Attorney Robert M. Skare, City Engineer Lowell E. Odland and Acting City Clerk Janet K. Wolff. Approval of Minutes - October 5 L 1976 MOVED by Anderson, seconded by Johnson and carried to approve the minutes of the regular meeting of October 5, 1976 as corrected. Approval of Minutes - September 29, 1976 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of the regular meeting of September 29, 1976 as submitted. Approval of Minutes - September 27, 1976 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of the regular meeting of September 27, 1976 as submitted. Approval of Verified Accounts MOVED by Johnson, seconded by Thorsen and carried to approve payment of the verified accounts as submitted on the prelist. Approval of Licenses MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of licenses as submitted by the City Clerk. LICENSES FOR APPROVAL Oct. 18, 1976 No. Licensee Type Fee 4270 North Side Y's Mens Club Peddler, pumpkins $ Exempt Human Rights Commission Minutes - September 9, 1976 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of September 9, 1976. Park & Recreation Commission Minutes - September 30, 1976 MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of the Park & Recreation Commission of September 30, 1976. Regular Meeting of the City Council, October 18, 1976 Open Space & Trail Committee Minutes - SeRttember 15, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Open Space & Trail Committee of September 15, 1976. Board of Zoning Appeals Minutes - October 12, 1976 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Board of Zoning Appeals of October 12, 1976. Civil Service Commission Minutes - September 30, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Civil Service Commission of September 30, 1976. St. Margaret Mary - Re: Golden Valley Road Sidewalk MOVED by Thorsen, seconded by Anderson and carried to receive and file the communication received by St. Mar garet Mary Church in regard to the Golden Valley Road sidewalk. Bid Opening - 10/14/76 - Laurel Avenue Ponding The City Manager presented the tabulation of bids for the Laurel Avenue ponding project as received on October 14, 1976 and recommended awarding of the contract to the low bidder, Park Construction in the amount of $199,000.00. MOVED by Anderson, seconded by Johnson and carried to award the contract to the low bidder, Park Construction as recommended by the City Manager. Quotations on Fencing - Street DeRartment Garage The City Manager presented quotations received on fencing to be installed around the area adjacent to the new street department garage as follows: Midwest Fence & Manufacturing Company - $1,190.00. Crown Iron Works Company - $1,473.60 Century Fence Company - $1,430.00 Crowley Fence Company - $1,848.00 MOVED by Swartz, seconded by Anderson and carried to authorize purchase of the necessary materials from Midwest Fence and Manufacturing Company at the amount of $1,190.40. Absentee Ballot Precinct - Proposed Ordinance The City Manager gave a brief background of the necessity of an ordinance establishing an absentee ballot precinct. MOVED by Anderson, seconded by Thorsen and carried to bring on for a first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Establishing Absentee Ballot Precinct) please see page 191 Regular Meeting of the City Council, October 18, 1976 MOVED by Anderson, seconded by Thorsen and carried to approve the amendment to the ordinance hereon quoted by title on its first reading. Upon roll call vote being taken therein, the members were recorded as voting as follows: Anderson - Yes Swartz - Yes Hoover - Yes Johnson - Yes Thorsen - Yes MOVED by Swartz, seconded by Anderson and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Establishing Absentee Ballot Precinct) MOVED by Swartz, seconded by Anderson and carried to approve the amendment to the ordinance hereon quoted by title on its second reading and order pub- lication thereof. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson - Yes Swartz Yes Hoover - Yes Q Johnson Yes Thorsen - Yes V11 -8z- ZG 7 . Petition for Storm Sewer Improvement (Louisiana — Market Street to Laurel) The City Engineer explained the petition for the installation of the storm sewer on Louisiana between.Market Street and Laurel. Councilmember Thorsen requested permission to leave the table in regard to this item due to a possible conflict of interest. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Providing for Public Hearing on Certain Proposed Public Improvements) 77SS2 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 declared duly passed and adopted, signed by the Mayor, and his signature attested by the City Clerk. See Resolution Book page 2_&S7 Omitted Assessment - Sanitary Sewer - Thorpe Bros Realty - 8021 Wayzata Boulavard The City Manager briefly explained the history of the original construction of the sanitary sewer along the property line of the proposed Thorpe Bros. Realty Building. Regular Meeting of the City Council, October 18, 1976 MOVED by Johnson, seconded by Anderson and carried to treat this as a deferred assessment and place it on the 1976 Assessment Roll at the original assessed figure plus 6% simple interest for the number of years the assessment has been deferred. Public Hearing S. E. Fire Station Site Rezoning The Acting City Clerk presented an affidavit of publication in the offic- ial newspaper of the Notice of Public Hearing on said rezoning. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. Jody Sehlin, representing the Golden Valley Planning Commission presented the findings of the Planning Commission in regard to this rezoning. The Mayor announced the meeting was open for public hearing on said rezon- ing and persons present to do so were afforded opportunity to express their views thereon. Mr. C. T. Green, 300 Turners Crossroad expressed opposition to the location of the fire station. Mr. J. R. Davis, 209 South Turners Crossroad also expressed opposition. Mr. C. K. Miller, 5720 Laurel is also opposed to the location for a fire station. Jody Sehlin, 4525 Douglas Avenue spoke in favor of the fire station site. Jim Crawford, Director of the Public Safety Department appeared before the Council to present the findings of their department in regard to the fire station site. Mr. B. A. Clark, 501 Radisson Road questioned what noise factor would be present as far as a siren on the building is concerned. Mr. D. R. Forsberg, 421 South Turners Crossroad asked what type of archi- tecture would be employed. Mr. J. R. Davis, 209 South Turners Crossroad asked how the location of the fire station at that site would affect his taxes. Mr. E. E. Haar, 310 South Turners Crossroad asked how the Fire Station would affect -the drainage in that area. Mr: D. Carlson, 319 South Turners Crossroad asked what the area was pres- ently zoned. The Mayor then closed the public hearing. MOVED by Thorsen, seconded by Anderson and carried to bring on for a first reading an ordinance amendment entitled: Regular Meeting of the City Council, October 18, 1976 AN ORDINANCE AMENDING THE CITY CODE (Rezoning to Institutional I-4, Proposed Southeast Fire Station) MOVED by Swartz, seconded by Thorsen and carried to approve the amendment to 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 Johnson - Yes Thorsen - Yes Member Swartz introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing the Acquisition by Purchase or Condemnation of Certain Real Property for Purposes of a Municipal Fire Station Site) 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 signa- ture attested by the City Clerk. See Resolution Book page Highway 55 and Winnetka Avenue Pedestrian Bridge The City Engineer advised the Council of the extension from the Transporta- tion Advisory Board of the approval of the proposed pedestrian bridge at the intersection of Highway 55 and Winnetka Avenue. Mr. Daryl Berkowitz of Toltz, King, Duvall, Anderson and Associates was present to submit a rendering of the ramp approach for the bridge showing a northerly and southerly view of the bridge. Mr. Berkowitz also explained the possible areas of funding the project. Mi. DAVid Trach, owner of the Golden Valley Shopping Center expressed opposition to the revised ramp stating concern for the proximity to the drive-in teller area of the bank. MOVED by Anderson, seconded by Hoover to approve the alternate design as presented by the engineer from Toltz, King, Duvall, Anderson and Associates. MOVED by Swartz, seconded by Johnson and carried to table the further dis- cussion and approval of the alternate ramp to the meeting of November 1, 1976. Use of Spruce Addition Park Area The City Manager briefly explained the history of the easement along Bassetts Creek in the Spruce Addition. Regular Meeting of the City Council, October 18, 1976 Mr. E. Ekberg, 2140 Spruce Trail asked who would be responsible for removal of diseased elm trees in the area but expressed opposition to the develop- ment of a trail through that area. Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION (Council Declaration Respecting Non -Use of Park Easement in Spruce Addition) 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, 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 . L S Medicine Lake Road and Boone Avenue Signals The Council briefly discussed installation of permanent signals at the intersection of Medicine Lake Road and Boone Avenue. MOVED by Anderson, seconded by Johnson and carried to approve installation of the permanent signal at Medicine Lake Road and Boone Avenue and appropri- ate the necessary funds from the Public Works Reserve Fund. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PARTICIPATION AGREEMENT FOR HENNEPIN COUNTY TRAFFIC SIGNAL INSTALLATION The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon the following voted in favor thereof: Anderson, Hoover, Johnson, 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 City Clerk. See Resolution Book page '-_1&9 Public Hearing - 76SI3 - Western from Jersey to Idaho The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on the proposed public improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced the meeting was open for hearing on said public improve- ments and persons present to do so were afforded opportunity to express opposition. Member Anderson then introduced the following resolution and MOVED its adopt - tion: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 76 -SI -3 continued page 195 Regular Meeting of the City Council, October 18, 1976 The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz, 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 signa- ture attested by the City Clerk. See Resolution Book page 2-,7o Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 76 -SI -3 The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz 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 signa- ture attested by the City Clerk. See Resolution Book page Z'1 J_. MOVED by Swartz, seconded by Johnson and carried to delete the construction of sidewalk from the 76 -SI -3 project. FloridaAddition Preliminar Plat Continued from 9122/76) The City Manager advised the Council that he had received a letter from the proponent requesting the withdrawal of the preliminary plat. MOVED by Swartz, seconded by Thorsen and carried to accept the request for withdrawal of the preliminary plat. Elstad Property Negotiations Member Thorsen introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING PURCHASE OF THE ELSTAD' PROPERTY 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, Hoover, Johnson, 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 attested by the City Clerk. See Resolution Book page '2L-7_3_- MOVED 2L% MOVED by Thorsen, seconded by Swartz and carried to authorize $82,400.00 from the Land Contingency Fund to the Public Land Fund and $123,600.00 from the Public Works Reserve Fund to the Public Land Fund for the purpose of acquiring the Elstad Property. Animal Humane Society - Re: Donation Allen T. Stensrud, Executive Director of the Animal Humane Society appeared Regular Meeting of the City Council, October 18, 1976 before the Council to request financial assistance for the Animal Humane Society of Hennepin County. MOVED by Johnson, seconded by Thorsen and carried to authorize the trans- fer of $500.00 from the General Contingency Fund to the 1976 Council Fund for purposes of donating said amount to the Animal Humane Society. Letter to District 4275 Re: District Reorganization Committee The Council briefly discussed the letter drafted by the Mayor in regard to the reorganization of District #275. MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor to send said letter to District 4275. 1976 Affirmative Action Report Jeff Sweet, Administrative Assistant appeared before the Council to present his Affirmative Action Report of 1976. MOVED by Anderson, seconded by Swartz and carried to receive and file the Affirmative Action Report and commend the Administrative Assistant for a job well done. Elm Wood Pick-UpandDisposal The Council briefly discussed a proposed program for the pick-up and dis- posal of diseased elm wood in the City of Golden Valley. Food Establishments Serving Beer & Wine - Closing Hours - Proposed Ordinance Member Thorsen requested permission to leave the table in discussion of this matter due to a possible conflict of interest. The Council beiefly discussed the possiblility of amending the city code in regard to the hours for closing the premises serving intoxicating liquors, wines, and non -intoxicating malt liquors. MOVED by Anderson, seconded by Johnson and carried to bring on for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Hours for Closing Premises -Sale of Intoxicating Liquors, Wine, and Non -intoxicating Malt Liquors) MOVED by Anderson, seconded by Swartz and carried to approve the amendment to the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon, the members were recorded as voting as foll- ows: Anderson - Yes Johnson - Yes Hoover - Yes Swartz - Yes 1 1 Regular Meeting of the City Council, October 18, 1976 MOVED by Johnson, seconded by Swartz and carried for the Mayor to direct a letter to the Public Safety Director advising him of the establishment of an ordinance regarding food establishments serving beer and wine and their closing hours. Open Space & Trails Committee Status MOVED by Johnson, seconded by Swartz and carried that the Mayor, by letter request members of the Lpen Space & Trails Committee to appear before the Council at their earliest convenience to discuss what their primary func— tions are if they are to be an established committee. Charge to the Youth Committee MOVED by Swartz, seconded by Johnson and carried to defer discussion on the charge to the Youth Committee to the Council meeting of November 1, 1976. L.P.W.C.D.I.P. Grant Application MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and Manager to execute an application for funds through this program on the Elstad Property. N. E. Fire Station Site Acquisition The Council briefly discussed the financial aspects of the N. E. Fire acquisition. _ The Council adjourned at 12:45 a.m. Attest: Acti City Clerk. 1 Mayor