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03-07-77 City Council Minutes2 4111 REGULAR MEETING of the CITY COUNCIL March 7, 1977 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 March 7, 1977 at 6:30 p.m. The following members were present: Anderson, Hoover, Swartz and Thorsen. Also present were Assistant City Manager Jeff Sweet, City Attorney Robert M. Skare, City Engineer Lowell E. Odland and City Clerk Mary H. Marske. Approval of Minutes - February 22. 1977 MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of the regular meeting of February 22, 1977 as submitted. Approval of Verified Account MOVED by Swartz, seconded by Thorsen and carried to approve payment of the verified accounts as submitted on the prelist. Approval of Licenses LICENSES FOR APPROVAL March 7. 1977 No. Licensee Type Fee , 4388 Golden Valley State Bank Vending NP $ 5.00 4389 Bloom Bros. Company " $ 5.00 4390 Trevilla Nursing Home it 10.00 4391 Geo. Sedgwick Heating Co. It 5.00 4392 Fluidyne, Inc. if 5.00 4393 Gregg Maliks Union 76 if 5.00 4394 Bertelson Bros. Inc, IT 7.50 4395 Bert's Golden Valley Mobil of 10.00 4396 Grotta's Union 76 it 7.50 4397 Dale Vancleave Peddler w/car 11.00 4398 Westview Superette Malt Off -Sale 25.00 4399 Theodore Wirth Chalet Malt On -Sale 350.00 4400 Red Owl Stores Malt Off -Sale 25.00 4401 Gregg Maliks Union 76 Gasoline Station 50.00 4402 Hennepin Co-op Seed Exchange if25.00 4403 Westview Superette Grocery 50.00 4404 Foremost Liquors, II Sp. Food Handling 20.00 4405 Fidelman Kosher Meats Food Est.(Meat Mkt) 50.00 4406 Theodore Wirth Chalet Food Est. 120.00 4407 Mpls. Elks Lodge #44 Food Est. 120.00 4408 Red Owl Stores, Inc. Grocery 70.00 4409 Swanson & Associates, Inc, Food Est. 100.00 4410 Valley of Peace Lutheran Church Food Est, Exempt 4411 Golden Valley Lutheran Church Food Est. Exempt 4412 Golden Valley United Methodist Food Est. Exempt 4413 G. V. Health Center - Main Bldg. Food Est. Exempt 4414 it Park Bldg. Food Est. Exempt continued: 25 MOVED by Thorsen, seconded by Swartz and carried to approve the issuance of licenses as submitted by the City Clerk. Off Sale Liquor License Anvlication - John Powell - F &_ H Liquors The Mayor informed the council of a personal friendship with the proponent but does not view that friendship as a conflict of interest as defined by the Ordinance. The City Attorney reported on the financial statement submitted by the applicant and assured the Council that all the application forms and bonds were in order. MOVED by Anderson, seconded by Swartz and carried to approve issuance of the off sale liquor licenses to John Powell at a pro -rated fee of $50.00 for the period of the date of transfer of property to the yearly expira- tion date of June 30, 1977. Civil Service Commission Minutes - February 22, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Civil Service Commission of February 22, 1977. Valley Square Commission Minutes - March 1, 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Valley Square Commission of March 1, 1977. Environmental Commission Minutes - Februa_rl14, 1977 MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Environmental Commission of February 14, 1977. Planning Commission Minutes - February 28, 1977 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Planning Commission of February 28, 1977. Building; Board of Review Minutes - March 1,_1977 Regular Meeting of the City Council, March 7, 1977 to receive and file the No. Licensee Type 1, Fee 4415 Courage Center Food Est. Exempt 4416 Lakeland Eng. Equipment Co. Vend NP Exempt 4417 UpJohn Company Vend NP Exempt 4418 Wold Industries, Inc. Vend NP Exempt 4419 G. V. Public Safety Building Vend NP Exempt MOVED by Thorsen, seconded by Swartz and carried to approve the issuance of licenses as submitted by the City Clerk. Off Sale Liquor License Anvlication - John Powell - F &_ H Liquors The Mayor informed the council of a personal friendship with the proponent but does not view that friendship as a conflict of interest as defined by the Ordinance. The City Attorney reported on the financial statement submitted by the applicant and assured the Council that all the application forms and bonds were in order. MOVED by Anderson, seconded by Swartz and carried to approve issuance of the off sale liquor licenses to John Powell at a pro -rated fee of $50.00 for the period of the date of transfer of property to the yearly expira- tion date of June 30, 1977. Civil Service Commission Minutes - February 22, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Civil Service Commission of February 22, 1977. Valley Square Commission Minutes - March 1, 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Valley Square Commission of March 1, 1977. Environmental Commission Minutes - Februa_rl14, 1977 MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Environmental Commission of February 14, 1977. Planning Commission Minutes - February 28, 1977 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Planning Commission of February 28, 1977. Building; Board of Review Minutes - March 1,_1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Building Board of Review of March 1, 1977. Regular Meeting of the City Council, March 7, 1977 Park & Recreation Commission Minutes - February 24, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Park & Recreation Commission of February 24, 1977. Ethics Committee - Re: Re�cuest for News Article The Council reviewed the letter received from the Ethics Committee regard- ing the placement of an article in the newspaper requesting input from the citizens regarding matters to be discussed by the Ethics Committee. MOVED by Anderson, seconded by Thorsen and carried to approve the request for a news article and ad with the stipulation that responses be directed to the Ethics Committee on or before April 4, 1977 and that $350 be trans- ferred from the Contingency Fund to the Ethics Committee Budget for the expense of running the ad. J. Rappaport - Re: Resignation from Human Rights Commission MOVED by Swartz, seconded by Anderson and carried to receive and file the resignation letter from Judy Rappaport and request the Mayor to send her a letter of appreciation for the service she has contributed to the City. Hennepin County Sheriff - Re: Emergency Telephone System The Council reviewed the letter received from the Hennepin County Sheriff in regard to the Emergency Telephone System. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Relating to the Endorsement of State Financing for Certain Features of 911 Emergency Telephone System) The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen and upon vote being taken thereon, the following voted in favor thereof: Anderson, 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 (I January Budget Report MOVED by Swartz, seconded by Anderson and carried to receive and file the January Budget report as submitted. The Council requested the Assistant City Manager to obtain a status report from the Director of Administrative Services on the implementation of the Recreation Programming Cost Accounting System, Agenda - Legislative Breakfast - March 18, 1977 MOVED by Anderson, seconded by Thorsen and carried to set March 18, 1977 as the day for the Council to meet with the area legislators at a breakfast at the Boulevard Cafe at 7:00 a.m., to discuss several matters beforethe present session. �� Regular Meeting of the City Council, March 7, 1977 Completion of Board & Commission Appointments MOVED by Anderson, seconded by Thorsen and carried to appoint Monica Sheridan to a three year term on the Environmental Commission. The Council requested the City Clerk to set up appointments for interviews for two applicants for board and commission appointments for the time pre- ceeding the Council meeting on March 16, 1977 at which time the information- al hearing on Medicine Lake Road will be held. Councilmember Johnson arrived at 7:15 p.m. Dist. 281 Community Education - Discussion - R. Thorsen The Council briefly discussed the memo from Councilmember Thorsen in regard to the District 281 Community Education Advisory Commission that Member Thorsen serves on. Upon clarification of several points, Member Thorsen informed the Council that she will pursue the direction that has been in- dicated by the Council. Comprehensive Municipal Plan Hearin The City Clerk presented an affidavit of publication in the official news- paper of the notice of Public Hearing on said Municipal Plan. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. Ron Edstrom, Chairman of the Planning Commission briefly summarized the history of the Comprehensive Plan. The Mayor then opened the public hearing on said municipal plan and persons present to do so were afforded the opportunity to express their views thereon. Rod Howell, 1301 Zealand Avenue expressed his support of the adoption of the municipal plan. The Mayor introduced letters from Rod Howell and Nancy Roll of the League of Women Voters also expressing support of the plan. Dr. Michael Stenwick, 6573 Glenwood presented a petition of residents along Glenwood opposing the up -grading of Glenwood Avenue as a minor arterial roadway. (This petition was presented after the hearing was closed and action had been taken, and is shown here for record purposes only.) There being no other persons wishing to be heard the Mayor then closed the public hearing. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Adopting a Comprehensive Municipal Plan for the City of Golden Valley, Minnesota) The motion for the adoption of the foregoing resolution was seconded by Regular Meeting of the City Council, March 7, 1977 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. Attornev Renort - Noise Ordinance The City Attorney presented a proposed noise ordinance explaining the time frame had not allowed input from the staff. MOVED by Thorsen, seconded by Anderson and carried to receive and file the ordinance as submitted by the Attorney and request the staff to submit re- ports on the proposed ordinance before the Council meeting of March 21, 1977. Ordinance Amendment - Water Rate Change - 2nd Reading MOVED by Swartz, seconded by Thorsen and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amending Schedule of Rate Charges to Water Users) MOVED by Anderson, seconded by Johnson and carried to approve the amendment to the ordinance herein quoted b y 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 Johnson - Yes Hoover - Yes Swartz - Yes Thorsen - Yes See Ordinance Book page Commission Training Discussion The Council briefly discussed items to be brought up at the meeting to be called with the members of boards and commission on March 30, 1977. The Council requested the Assistant City Manager to obtain information on cater- ing service and other preparations necessary for the meeting and report back on March 16, 1977. Westwood Office Complex Re -zoning (from 1/3/77) The Mayor reopened the public hearing to consider the re -zoning of the prop- erty of the Westwood Office Complex from the original hearing on January 3, 1977. Ron Edstrom, chairman of the Planning Commission report on the findings of the commission when reconsidered by the commission at its last meeting. Regular Meeting of the City Council, March 7, 1977 MOVED by Anderson, seconded by Swartz and carried to grant the request of the Planning Commission to withdraw the request for re -zoning at this time and reconsider the re -zoning when the office building is completed. 1977 Sidewalk Hearine The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on the 1977 Sidewalk Plan. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Jeff Sweet, the Assistant City Manager briefly explained the procedure followed in the past regarding placement of priorities on sidewalk con- struction. The City Engineer briefly reviewed the history of the sidewalk program since 1970. The Mayor then opened the public hearing on said sidewalk program and per- sons present to do so were afforded the opportunity to express their views thereon. Mr. William Kasdan, 3110 Golden Valley Road presented a petition from the area residents opposing sidewalk construction on Golden Valley Road between Glenwood Parkway and Xerxes Avenue. Mr. Pat Fitzgerald representing the Good Shepherd Church states opposition to the construction of sidewalk in the area of the church. Mr. Larry Smith, 2080 Mary Hills Drive spoke in support of the construction of sidewalk on Golden Valley Road from Mary Hills Drive to Noble Avenue. Mr. Thomas Kelly a member of the St. Margaret Mary School Board also stated support of construction of sidewalk on Golden Valley Road from Mary Hills Drive to Noble Avenue. Tom Clark, 4000 Golden Valley Road, pastor of Christ Unity Church opposes construction of that portion of sidewalk on Golden Valley Road and has not observed any pedestrians using that section proposed. Perry Finney, 4540 Golden Valley Road supports the construction of sidewalk on Golden Valley Road from Mary Hills Drive to Noble Avenue. Clarence Green representing Good Shepherd Church repeated the opposition of the church to construction of sidewalk in that area. David Printy, 6900 Western Avenue questioned the feasibility of sidewalk on Western and Jersey Avenue. ' Jack White, 30 Jersey Avenue South opposes construction of sidewalk on Western and Jersey Avenue and feels the money would be better spent on slowing traffic on Jersey. 30 Regular Meeting of the City Council, March 7, 1977 Ann Borgen, 1565 Pennsylvania Avenue North questioned if sidewalk has ever been proposed for Pennsylvania Avenue from Duluth to Golden Valley Road. Letters received from residents in regard to the sidewalk program included in the hearing were as follows: Dwayne and Mary King, 4025 Wasatch Lane in support of sidewalk on Golden Valley Road from Regent to Mary Hills Drive; Nili Young, 110 Jersey Avenue South opposing sidewalk on Jersey Avenue South and Good Shepherd Church, 145 Jersey Avenue South opposing sidewalk in the area of the church. The Mayor then closed the public hearing. MOVED by Swartz, seconded by Thorsen and carried to call an informal public hearing on sidewalk construction on Golden Valley Road from Mary Hills Drive to Noble Avenue. MOVED by Swartz, seconded by Thorsen and carried to amend the above motion to approve the sidewalk construction on Golden Valley Road from Mary Hills Drive to Noble Avenue as part of the 1977 Sidewalk Program rather than call another public hearing on the matter. MOVED by Thorsen, seconded by Johnson and carried to call an informal public hearing for March 21, 1977 to consider sidewalk construction on Medicine Lake Road from Winnetka to Orkla Drive and from Ensign to County Road 18 as part of the 1977 Sidewalk Program. MOVED by Johnson, seconded by Anderson and carried to request the staff to explore the possibility of a rail separator between the sidewalk and street on Golden Valley Road. The Council determined to place on the agenda of March 21, 1977 at 6:45 p.m. a presentation by the Safety Council on a proposed Bicycle Safety Program. The Council adjourned at 9:45 p.m. to reconvene on March 16, 1977 at 7:00 p.m. to interview applicants for board and commission appointments and at 7:30 p.m. for an informational hearing on possible upgrad of Me icine Lake Road. Mayor Attest: City Cl k