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11-01-76 City Council MinutesRegular Meeting of the City Council, November 1, 1976 REGULAR MEETING of the CITY COUNCIL NOVEMBER 1, 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 November 1, 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 Karen Olson. Proclamation - Lions Club Glaucoma Day - G. Christenson MOVED by Anderson, seconded by Johnson and carried that the Council declare Saturday, November 6, 1976 as Golden Valley Lions Club Glaucoma Day and the Council urges all persons eligible to take advantage of the opportunity. Approval of Minutes - October 18, 1976 MOVED by Thorsen, seconded by Anderson and carried to approve the minutes of the regular meeting of October 18, 1976 as corrected. Approval of Bills and Claims MOVED by Anderson, seconded by Thorsen and carried to approve payment of the verified accounts as submitted on the prelist. ADDroval of Licenses MOVED by Swartz, seconded by Johnson and carried to approve the issuance of licenses as submitted by the City Clerk. Bassett Creek Flood Control Commission Minutes - September 16, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of September 16, 1976. Housing & Community Development Commission Minutes - October 13, 1976 MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Housing & Community Development Commission of October 13, 1976. LICENSES FOR APPROVAL Nov. 1, 1976 No. Licensee Type Fee 4271 Golden Valley Chrysler Itinerant Food $13.00 4272 M. D. Silverman Solicit Xmas Wreathes Exempt 4273 LuMac Leasing Vehicle Leasing 250.00 MOVED by Swartz, seconded by Johnson and carried to approve the issuance of licenses as submitted by the City Clerk. Bassett Creek Flood Control Commission Minutes - September 16, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of September 16, 1976. Housing & Community Development Commission Minutes - October 13, 1976 MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Housing & Community Development Commission of October 13, 1976. Regular Meeting of the City Council, November 1, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the communication from Mona Moede on behalf of the Housing & Community Develop- ment Commission in regard to Dutch Elm Disease remedy and prevention, and to make the citizens aware of this problem through news media and to re- quest that the Mayor send a letter in reply to Mona Moede containing a "Dutch Elm Disease Update" which would include past action and discussion by the Council on funding, budgetary considerations, possible legislative action by the State and Local programs, and that a copy of the letter and update sheet be sent to City Commissions. Environmental Commission Minutes - October 18, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission of October 18, 1976. Building Board of Review Minutes - October 19, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Building Board of Review of October 19, 1976. Planning Commission Minutes - October 25, 1976 MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Planning Commission of October 25, 1976. Human Rights Commission Communication - October 18, 1976 MOVED by Johnson, seconded by Anderson and carried to receive and file the Human Rights Commission communication of October 18, 1976. MOVED by Johnson, seconded by Anderson and carried to direct the Mayor to send a letter to Kevin Brown, Bill Barbeau, Herb Pieper, and Tina Kelly of the Human Rights Commission advising them that unless the Council receives some type of communication from them as to their status on the Human Rights Commission by December 1, 1976, the Council will assume they are not interested in serving on the Human Rights Commission and that their term will be terminated and replacements will be appointed. MOVED by Anderson, seconded by Swartz and carried to direct the Mayor to send a letter of reply to Ronald Haskvitz of the Human Rights Commission stating that since only two applications have been received to serve on the ad hoc local campaign ethics committee, no appointments have been made; however, the Council will proceed in attempting to find people who are willing to serve. MOVED by Anderson, seconded by Johnson and carried to direct the Mayor to send a letter to all Commission Chairmen requesting written communication from each Commission as to their comments or suggested wording changes in Commission Guidelines and what effect such changes would have on their particular Commission. MOVED by Swartz, seconded by Anderson and `carried to receive and file the the communication from Ronald L. Haskvitz of the Human Rights Commission. Regular Meeting of the City Council, November 1, 1976 Safety Council Minutes - September 27, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Safety Council of September 27, 1976. Communications: Mrs. M. Zimmerley - Re: Motorcycle Noise MOVED by Anderson, seconded by Swartz and carried to direct the Manager to send a letter to Mrs. Zimmerley explaining the problems of enforcment in regard to this problem. Communications: MN. Energy Agency - Re: Aerial Photos MOVED by Johnson, seconded by Swartz and carried to direct the Manager to send a letter of reply to the Minnesota Energy Agency informing them that the City will apply the use of central displays of photographs at City Hall, Chamber of Commerce Office, and Municipal Utility Offices. Bid Opening - 11/1/76 - Lakeview Heights Recreation Buildings MOVED by Anderson, seconded by Johnson and carried that the two bids received for the Lakeview Heights Recreation Building be rejected. Revised H.E.C.O. Agreement Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing Entry into Revised Joint and Cooperative Agreement for Hennepin Emergency Communication Organization) The motion for the adoption of the foregoing resolution was 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 declared passed and adopted, signed by the Mayor and his signature attest- ed by the Clerk. See Resolution Book page 7S Department Item: Use of Firing Range for Gun Safety Program MOVED by Anderson, seconded by Thorsen and carried to waive the Ordinance in reference to training programs conducted by the Police Department using the Golden Valley firing range in the Public Safety Building. MOVED by Swartz, seconded by Anderson and carried to amend the motion with the condition upon release of indemnification. Rezone - Rings Colonial Addition and City Property South Thereof , Rezone - Elstad Property North of Laurel and East of Good Shepherd The Acting City Clerk presented an affidavit of publication in the official Regular Meeting of the City Council, Movember 1, 1976 newspaper of the notice of public hearing on said rezonings. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. Jon Westlake, representing the Golden Valley Planning Commission, present- ed the findings and discussed the recommendations of the Planning Commiss- ion in regard to these rezonings. The Mayor then announced the meeting was open for public hearing on said rezonings and persons present to do so were afforded the opportunity to express their views thereon. Ronald H. Oakland, 6630 South Cortlawn Circle, stated he feels the propos- ed zoning would be consistent with the remaining area. Mr. Oakland submit- ted a petition to the Council requesting that no future rezoning or use be undertaken without an open hearing and notice of that hearing to all affect- ed residents. John P. Hillenbrand, 6535 South Cortlawn Circle, questioned why a future Council would not be governed by a decision the present Council would make. Aaron Ostrow, 6515 So. Cortlawn Circle, questioned why the City purchased this property and what uses were discussed for the property at the time of purchase. The Mayor closed the public hearing. MOVED by Swartz, seconded by Thorsen and carried to bring on for a first reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (ResidentialZoning District) (Rings Colonial Addition) 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 Hoover - Yes Johnson - Yes Swartz - Yes Thorsen - Yes MOVED by Johnson, seconded by Anderson and carried to bring on for a first reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Rings Colonial Addition & Cortlawn Addn.) MOVED by Johnson, to the Ordinance seconded by Anderson and herein quoted by title on carried to approve its first reading. the amendment Upon roll call vote being taken thereon, the members were recorded as voting as follows: Anderson - Yes Swartz - Yes Hoover - Yes Johnson - Yes Thorsen - Yes Regular Meeting of the City Council, November 1, 1976 MOVED by Anderson, seconded by Thorsen and carried to receive the petition presented to the Council by Ronald Oakland and indicate this Council's in- tent of notification to the property owners pending any change in use from ponding, open space, and trails. MOVED by Johnson that the City notify abutting property owners when the City is in the planning stages of the design of ponding or implementation of other uses. There being no second, Member Johnson withdrew the motion. Valley Wood Preliminary Plat - 5600 Olson Memorial' -Highway Robert Wagman, representing the Golden Valley Planning Commission, presented the findings of the Planning Commission in regard to this plat. The planning Commission at their September 27, 1976 meeting recommended approval of the preliminary plat. F. W. O'Keefe of David C. Bell Company, Realtors, was present for the request. The Council held discussion, at which time it was determined that -the propon- ent has not presented a preliminary plat or sufficient information on which to base an approval or denial. The Mayor then announced the meeting was open for public hearing on said pre- liminary plat and persons present to do so were afforded the opportunity to express their views thereon; with the understanding that no action will be taken by the Council at this meeting because of insufficient information on the plat. J. Fiorentino, 5630 Woodstock Ave., stated that the area residents are not opposed to single dwellings being built in this area. Mr. Fiorentino dis- cussed the increasing traffic problem at Turners Crossroad and Highway 55, and the water problem caused by sub soil drainage. Jun Sunness, 5620 Woodstock Avenue questioned whether there would be a 10% dedication of land or cash in lieu of. Dr. Lawrence Schut, 434 Yosemite Avenue expressed concern about the size of Lots 7, 8, 9 and questioned whether these lots were in accordance with the minimum square footage requirements, and discussed Turners Crossroad and Highway 55. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Thorsen and carried to continue the hearing to the November 15, 1976 Council meeting. Waiver of Platting - 2405 - 2435 Xylon Avenue No. -Moquist Jon Westlake, representing the Golden Valley Planning Commission presented the findings and recommendations of the Planning Commission. Paul A. Moquist, property owner, was present for the request. 1 1 Regular Meeting of the City Council - November 1, 1976 MOVED by ANDERSON, aedonded by Swartz and carried to approve the waiver of the Platting Ordinance as presented to Council as follows: 2405 Xylon Ave. No. - Lot 7, Block 1 RICHLAND HILLS, except- ing therefrom that part lying Northeasterly of a line drawn from a point on the North line of said Lot 7, distant 88.95 feet West of the Northeast corner of said Lot 7 to a point in the East line of said Lot 7, distant 12 feet South along_ said East Line from the Northeast corner of said Lot 7. 2435 Xylon Ave. No. - Lot 6, Block 1, RICHLAND HILLS, and that part of Lot 7, Block 1, RICHLAND HILLS, lying Northeasterly of a line drawn from a point on the North line of said Lot 7, dis- tant 88.95 feet West of the Northeast corner of said Lot 7 to a point in the East line of said Lot 7, distant 12 feet South along said East line from the Northeast corner of said Lot 7 2nd Readies Closing Hours - Food Establishment Serving Liquor Member Thorsen requested permission to leave the table in discussion of this matter due to a possible conflict of interest. MOVED by Swartz, seconded by Anderson and carried to bring on for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Hours for Closing Premises -Sale of Intoxicating Liquors, and Non -intoxicating Malt Liquors) MOVED by Swartz, seconded by Anderson 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 Swartz - Yes gcr z0� 2nd Reading - Rezone Proposed S.E. Fire Station Site MOVED by Anderson, seconded by Johnson and carried to bring_ on for a second reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Rezoning to Institutional (I-4), Proposed Southeast Fire Station) MOVED by Anderson, seconded by Johnson and carried to approve the amend- ment 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 Swartz - Yes Johnson - Yes Hoover - Yes Thorsen - Yes Regular Meeting of the City Council, November 1, 1976 M. Jennings - Application for On & Off Sale Liquor License John Miller, Lawyer, representing M. Jennings, was present to explain the request. After discussion by Council, it was determined that no formal action would be taken on this item until the time when formal building plans and site plans have been approved by the City. The Council indicated to the propon- ent that they have no objections to the plans and information submitted to date and encouraged the applicant to continue with his plans. Police Grant - Neighborhood ParticiRation In Police Planning & Operations Jim Crawford, Director of Public Safety, was present for the request and gave a brief resume of the Police Grant. Member Thorsen introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing Submission of the Grant Application and Execution of the Grant Agreement for LEAA Funds - Governor's Commission on Crime Prevention and Control) The motion for the adoption of the foregoing resolution was 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 declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolution Book Page -2-7-7 MOVED by Anderson, seconded by Swartz and carried to appropriate $3,104,00 from the Special Policing Fund to the Special Projects Fund and set up Team Policing Project in the amount of $62,068.00 in Special Projects Fund. 1976 Audit (from 10/5/76) The Council discussed resumes that had been received. Larry Robertson, representing Marwick & Mitchell, was present to answer questions. MOVED by Anderson, seconded by Johnson and carried to authorize the City Manager to hire the firm of Marwick & Mitchell for the 1976 audit in accordance with their proposal in the amount of $6,000.00 plus $800.00 for any additional expenditures the company may encounter. H_ighwa55 & Winnetka Pedestrian Bridge The Council discussed their action taken on this item at the October 18, 1976 meeting when this item was deferred. It was determined by the Council that since a motion has been made, legally another public hearing is not required prior to a decision being made and acted upon by the Council. Regular Meeting of the City Council - November 1, 1976 MOVED by Johnson, as an amendment to the original motion, to call a public hearing in regard to this item. Motion died for lack of a second. MOVED by Swartz, seconded by Anderson and carried to approve the location and design study of the Pedestrian Bridge at Highway 55 and Winnetka Ave- nue as presented at the October 18, 1976 council meeting. Councilmember Johnson voted no. Valley_ Square Committee MOVED by Johnson, seconded by Anderson and carried to place this item on the agenda of November 15, 1976 and request the Administrative Assistant to draw up some guidelines, composition and proposed structure on a Valley Square Commission. The Mayor requested the placement of discussion of recommendations of the Valley Square Task Force on the agenda of November 15, 1976. Charge to the Youth Committee The Council beiefly discussed the memo prepared by Councilmember Anderson regarding structure and charge to the Youth Sub -Committee to the Human Rights Commission. MOVED by Swartz, seconded by Johnson and carried to refer the memo to the staff to be put into proper form. Discussion of Council Salary Survey The Council discussed the information sent them by the Mayor regarding council salaries. MOVED by Anderson, seconded by Johnson and carried to direct the staff to draw a proposed.ordinance indicating a salary increase for he mayor and councilmembers effective January 1, 1978 to be placed on a agenda of November 15, 1976. Mayor Attest: Acting City Clerk