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04-04-77 City Council MinutesM REGULAR MEETING of the City Council April 4, 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 April 4, 1977 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 Engineer Lowell E. Odland, City Attorney Robert M. Skare and City Clerk Mary H. Marske. Ed Silberman - Re: Bassett Creek Flood Control Commission Mr, Ed Silberman the Golden Valley representative to the Bassett Creek Flood Control Commission appeared before the Council to summarize the activities of the Bassett Creek Flood Control Commission and to preface the public hearing scheduled for May 19, 1977. MOVED by Anderson, seconded by Thorsen and carried to place further dis- cussion with Mr. Silberman on the Workshop Session agenda of May 9, 1977. Approval of Minutes - March 16, 1977 MOVED by Thorsen, seconded by Anderson and carried to approve the minutes of the Special Meeting_,of March 16, 1977 as corrected. Approval of Minutes - March 21, 1977 MOVED by Swartz, seconded by Johnson and carried to approve the minutes of the regular meeting of March 21, 1977 as corrected. Approval of Licenses .. LICENSES FOR APPROVAL April 4, 1977 No. Licensee Tie Fee 4595 Ambassador Press Vend NP $ 1.100 4596 Winnetka Coffee Kup Food Est 100.00 4597 G.V. Supr Valu Vend NP 5.00 4598 of Grocery 80.00 4599 ifMalt "Off -Sale" 25.00 4600 Brookview Golf Course Food Est. Exempt 4601 Rapid Copy, Inc. Vend NP Exempt 4602 Children's Theatre Solicit Exempt 4603 Luther Truck & Motor Home Vend NP 5.00 4604 Liberty Carton " 12.50 4605 to Vend P 15.00 4606 Advance Music Vend NP 17.50 4607 of Vend P 35.00 4608 Heilicher Brothers " 20.00 4609 to Vend NP 20.00 4610 Superior Dairy -at Liberty Carton Vend milk Exempt 4611 Red Lobster Inns of America, Inc. Food Est. 100.00 M Regular Meeting of the City Council, April 4, 1977 No. 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4659 4660 4661 4662 4663 Licensee Type Fee Golden Hills "66" Service Gasoline Station $ 60.00 Byerly Foods, Inc. Malt "Off -Sale" 25.00 Honeywell, Inc. Vend P 15.00 Void Honeywell, Inc. Vend NP 7.50 If Food Est. 100.00 Suburban Tire, Inc. Vend NP 7.50 it Gasoline Station 35.00 Opportunity House, Inc. Food Est. 100.00 Gregg's Union 76 Vend NP 7.50 Mpls. Clinic of Psychiatry & Neur. Food Est. 100.00 Valley Drug Sp. Food Handling 20.00 Buddy's Hair Crimpers Vend NP 5.00 McDonald's Food Est. 100.00 Perkins Cake & Steak, Inc. " 100.00 Home Away Shelters, Inc. it 100.00 Midland Shell Gasoline Station 50.00 The Courage Center Vend NP 5.00 Vendall Bulk Vending Company Bulk Vending 20.00 Appollo Piping Supply Vend NP 5.00 Jacobsen Machines Vend NP 5.00 G. V. Laundry it 5..00 Bruch & Morrow it 5.00 Boulevard Cafe If 5.00 Metro "500" 5.00 Rudy Luther Motor Home " 5.00 Golden Valley Lanes Bowling Alley 120.00 It Malt On -Sale 350.00 General Mills, Inc. 9200 Wayzata Blvd. Food Est. 100.00 it 9000 Plymouth Food Research 100.00 Ice Center Food Est. 100.00 it Vend NP 12.50 Pako Corporation Food Est. 100.00 Pako Corporation Vend NP 25.00 it Vend P 80.00 Gopher News Vend NP 5.00 it Vend P 40.00 My Pi Malt On -Sale 350.00 Schuller's Kitchen, Inc. Add'1 Food Facility 20.00 Typhoon Twelve Car Wash Gasoline Station 80.00 Wissota Mfg. Co. Vend NP 5.00 Eldon's Auto Service Gasoline Station 50.00 it Vend NP 7.50 Malik's Union "76" Vend ATP 5.00 Continental Minnesota If 5.00 Kennedy Transmission West, Inc. Motor Vehicle Repair 25.00 M.G.M. Liquor Warehouse Sp. Food Handling 20.00 Big B's Pizza Amusement Device 25.00 Mr. Steak Food Est. 100.00 Russell's Golden Valley Texaco Gasoline Station 60.00 ifitVend NP 5.00 A g MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of the licenses as submitted by the City Clerk. Councilmember Thorsen ab- stained from voting on the licenses for Big B's Pizza and Councilmember Swartz abstained from voting on the licenses for Advance Music and Heilicher Brothers. Approval of Verified Accounts MOVED by Anderson, seconded by Swartz and carried to approve payment of the verified accounts as submitted on -the prelist. Human Rights Commission Minutes - March 10, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of March 10, 1977. MOVED by Thorsen, seconded by Johnson and carried to appoint LeRoy Marshall to a one year term on the Human Rights Commission effective immediately. W. Klovstad - Re: Noise Seminar MOVED by Anderson, seconded by Johnson and carried to authorize $30 for registration fees for two members of the Environmental Commission to attend a seminar on Noise. G. Sylvestre - Re: Community Education Workshop - H.R.C. Gene Sylvestre, consultant to the Human Rights Commission appeared before the council regarding a proposed community education workshop to be sponsor- ed by the Human Rights Commission in conjunction with the Crystal Human Rights Commission, the Robbinsdale Human Rights Commission and District 281 Commun- ity Education Division. MOVED by Anderson, seconded by Thorsen and carried to approve the Human Rights Commission participation in sponsoring the community education work shop on May 3, 1977 at Sandburg Junior High School. Safety Council - Re: No Parking on Jersey Avenue Marilyn Huret, chairperson of the Safety Council appeared before the Council to report on the findings of the Safety Council in regard to placement of no parking signs on Jersey Avenue. Regular Meeting of the City Council, April 4, 1977 No. Licensee kpe Fee 4664 Northland Concession Supply, Inc. Food Warehouse $ 50.00 4665 United Dressed Beef, Inc. Vend NP 17.50 4666 McDonald's 720 Winnetka Food Est. 100.00 4667 Dick's Standard Vend NP 10.00 4668 " Gasoline Station 65.00 4669 Paul R. Vargo Peddle, using car F1. 11.00 4670 Mark Hurd Cigarettes 12.00 4671 Service Bureau " 12.00 MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of the licenses as submitted by the City Clerk. Councilmember Thorsen ab- stained from voting on the licenses for Big B's Pizza and Councilmember Swartz abstained from voting on the licenses for Advance Music and Heilicher Brothers. Approval of Verified Accounts MOVED by Anderson, seconded by Swartz and carried to approve payment of the verified accounts as submitted on -the prelist. Human Rights Commission Minutes - March 10, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of March 10, 1977. MOVED by Thorsen, seconded by Johnson and carried to appoint LeRoy Marshall to a one year term on the Human Rights Commission effective immediately. W. Klovstad - Re: Noise Seminar MOVED by Anderson, seconded by Johnson and carried to authorize $30 for registration fees for two members of the Environmental Commission to attend a seminar on Noise. G. Sylvestre - Re: Community Education Workshop - H.R.C. Gene Sylvestre, consultant to the Human Rights Commission appeared before the council regarding a proposed community education workshop to be sponsor- ed by the Human Rights Commission in conjunction with the Crystal Human Rights Commission, the Robbinsdale Human Rights Commission and District 281 Commun- ity Education Division. MOVED by Anderson, seconded by Thorsen and carried to approve the Human Rights Commission participation in sponsoring the community education work shop on May 3, 1977 at Sandburg Junior High School. Safety Council - Re: No Parking on Jersey Avenue Marilyn Huret, chairperson of the Safety Council appeared before the Council to report on the findings of the Safety Council in regard to placement of no parking signs on Jersey Avenue. M Regular Meeting of the City Council, April 4, 1977 MOVED by Swartz, seconded by Thorsen and carried to refer this matter back to the Safety Council. and request that they survey the area residents on their desire for no parking signs and report the findings of the survey to the Council along with their recommendation at the first council meeting in May. P.U.D. #16A - Concept Approval (from 3/21/77) The Mayor gave a brief background of the P.U.D. #16A Concept Approval re- quest and re -opened the meeting for public input from residents wishing to make comment. Glen eiden, 345 Brunswick Avenue South requested the Council to deny appro- val of P.U.D. #16A. Bob Levy, 240 Brunswick Avenue South also stated -opposition of approval of P.U.D. #16A. Mr. James Hawks, representing the Cheyenne Land Company briefly described the planned development. Mr. G. Wm. Forster, representative of the Planning Commission presented the findings of the Planning Commission in regard to the P.U.D. Brian Bennett, 5924 Glenwood, tittle holder of the property to the west of the development informed the Council of the possible future of the property and the history of purchase and proposed use. Lee LeBlanc, 225 Brunswick Avenue South expressed appreciation to the Council for the openness of the council in considering the concept approval of the P,U,D. The Mayor then closed the public hearing. MOVED by Thorsen, seconded by Johnson and carried to give concept approval to P.U.D. #16A with the following conditions: 1) in the development of the general plan, consideration be given to variety in design of the dwelling units. 2) some single family dwellings be considered in trade off,of the four- plexes. 3) the seven items stipulated by the Planning Commission be observed. a) a traffic study be made. b) a hydrant location plan be submitted to the City. c) temporary alternate emergency access be located in the south area of the site, stipulated by the Planning Commission and the City Council. d) approval on the flood plain be given by the Bassett Creek Flood Control Commission, the Department of Natural Resources and the City. e) a range of up to 54 units, continued: Regular Meeting of the City Council, April 4, 1977 f) that the City's housing policy be adhered to. g) that the developer provide the following information to the City staff as regards its P.U.D.'s that are presently con- structed. 1) number of children. 2) problems encountered by the home owner's associations. 3) that it is the view of the Council that the adjacent property should be used for single family homes. 1977 Sidewalk Program (from 3/7/77). The City Engineer presented cost estimates of the construction of sidewalk on the west side of Winnetka from Wesley Drive to Duluth Street and the south side of Harold adjacent to Lion's Club Park as requested by the Council. The Mayor then opened the meeting to comment from persons present con- cerned with the sidewalk project. Roy Theiring, 1611 Winnetka stated his support of construction of sidewalk on Winnetka Avenue. Bruce Gingerich, 1711 Winnetka Avenue also stated his support of construction of sidewalk on Winnetka Avenue. The Mayor then closed the hearing. MOVED by Anderson, seconded by Johnson and carried to include the west side of Winnetka from Wesley Drive to Duluth Street in the 1977 Sidewalk program. Request Fill Permit on Flood Plain - 1919 Kyle Place - Darcy Mr. Patrick Darcy, Sr., appeared before the Council to request a fill per- mit to allow him to build a home on the lot located at 1919 Kyle Place on the flood plain of Sweeney Lake. MOVED by Johnson, seconded by Anderson and carried to approve the fill per- mit subject to the conditions of the Planning Commission as follows: 1) no fill allowed more than 85' South from the North property line. 2) The Planning Commission recommends to the Board of Zoning Appeals,, that a variance be granted to reduce the front yard setback and that any variance in the front yard setback allowed by the Board of Zoning Appeals compensate by reducing the 85 foot line as measured from the North property line (Example: variance of 10'. Fill area could be no closer than 75' from the North property line.) And further it is subject to the Board of Zoning Appeals granting the re- quired variance. Waive Public Hearing - RSL - Ardmore and Beverly The City Engineer submitted a feasibility report in regard to the resident- ial street lighting as petitioned by the residents on Ardmore and Beverly. Regular Meeting of the City Council, April 4, 1977 Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 75 The motion for the adoption of the foregoing resolution was duly seconded by 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 y 70 Request for Driveway Permit - Golden Valley State Bank Mr. Paul Gallick, president of the Golden Valley State Bank appeared before the Council to request a driveway permit for the new bank building to be constructed on Golden Valley Road. MOVED by Johnson, seconded by Hoover to approve the curb cuts as requested by the Golden Valley State Bank. MOVED by Swartz, seconded by Thorsen and carried to table the above motion until the proponent is ready to submit further information on alternative driveway placement. Mayor Hoover and Councilmember Johnson voted nay. The Council determined to meet with the proponent at 7:00 p.m. on April 11, 1977 before their workshop session. Congregate Housing - 1-3 Zoning - Paul Pink Architect Paul Pink, architect for a congregate housing facility for senior citizens proposed to be constructed south of the Trevilla Nursing Home appeared before the Council in regard to the zoning ordinance for such a structure. MOVED by Anderson, seconded by Swartz and carried that it is the finding of the Council that 1-3 zoning is suitable for the proposed use for a congregate housing structure. Gale Brothers - Re: Bingo Mr. Gale Brothers representing the Committee to Combat Huntington's Disease, Inc. apperared before the Council to request permission to conduct a fund raiser at their headquarters at 4225 Golden Valley Road. MOVED by Anderson, seconded by Thorsen and carried to receive and file the communications from Mr. Brothers and comment that the Council has no objection to the fund raiser and commend the organization for their efforts on combating Huntington's Disease. Regular Meeting of the City Council, April 4, 1977 Resolution Establishing Open Space-& Trail's Commission Member Anderson introduced the following amended resolution and MOVED its adoption: RESOLUTION (Establishing an Open Space Commission) 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 *0 - MOVED by Johnson, seconded by Thorsen and carried that the Park & Recreation Commission has responsibility for recommendation of policies of construction in maintenance of trails in all areas except open space. MOVED by Thorsen, seconded by Johnson and carried to appoint the following persons to the new Open Space Commission: Roz Anderson, Mary Bowman, Delores Cufaude, Robert Englund, Craig Husebye, Paul St. Marie and Roma Witzig. MOVED by Swartz, seconded by Anderson and carried to designate the length of term of the above appointed persons as follows: Roz Anderson - three years; Mary Bowman - three years; Delores Cufaude - one year; Robert Englund - two years; Craig Husebye - one year; Paul St. Marie - Three years and Roma Witzig - two years. Staff Report - Bicycle Safety Program Public Safety Director James Crawford appeared before the Council to answer any questions they might have as regards his memo of April 1, 1977. MOVED by Johnson, seconded by Thorsen and carried to request the staff to recommend a budget consideration on what a modified Bicycle Safety Program would cost and forward the memo from the Public Safety Director to the Safety Council for comment. Dover dills - Re: Gardening Plot The Council briefly reviewed a letter received from Dover Hill in regard to the -of use of a plot' land adjacent to the senior citizen high rise -for -the purpose of gardening'- ardening' MOVED by Johnson, MOVED seconded by Thorsen and carried to grant approval of the request and mote that the Council interprets this as a part of the P.U.D. agreement._ Resolution Establishing Open Space-& Trail's Commission Member Anderson introduced the following amended resolution and MOVED its adoption: RESOLUTION (Establishing an Open Space Commission) 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 *0 - MOVED by Johnson, seconded by Thorsen and carried that the Park & Recreation Commission has responsibility for recommendation of policies of construction in maintenance of trails in all areas except open space. MOVED by Thorsen, seconded by Johnson and carried to appoint the following persons to the new Open Space Commission: Roz Anderson, Mary Bowman, Delores Cufaude, Robert Englund, Craig Husebye, Paul St. Marie and Roma Witzig. MOVED by Swartz, seconded by Anderson and carried to designate the length of term of the above appointed persons as follows: Roz Anderson - three years; Mary Bowman - three years; Delores Cufaude - one year; Robert Englund - two years; Craig Husebye - one year; Paul St. Marie - Three years and Roma Witzig - two years. Staff Report - Bicycle Safety Program Public Safety Director James Crawford appeared before the Council to answer any questions they might have as regards his memo of April 1, 1977. MOVED by Johnson, seconded by Thorsen and carried to request the staff to recommend a budget consideration on what a modified Bicycle Safety Program would cost and forward the memo from the Public Safety Director to the Safety Council for comment. 54 Regular Meeting of the City Council, April 4, 1977 Parking Ordinance Amendments The Council briefly reviewed the memo from the Public Safety Director and the City Attorney regarding amendments to the City Code section on parking regulations. MOVED by Anderson, seconded by Johnson and carried to request the City Attorney to proceed with the drafting of amendments to the parking regulations with the provision of a thirty-six hour parking limit. Golden "V" Liquor License Mr. Ted Jameson, the licensed owner of the Golden "V" Liquor Store appeared before the Council regarding the recent violations of sales of intoxicating liquor to minors. MOVED by Swartz, seconded by Thorsen and carried that it is the finding of the Council that the sales made to minors were not willfully made and the liquor license be suspended for a minimum of five days with respect to each violations and the suspension be run concurrently on both counts. Bid Opening - March 24, 1977 - Road Materials The Council reviewed the tabulation of bids as received at the.bid opening of March 24, 1977 for road materials. MOVED by Swartz, seconded by Johnson and carried to award the bids as recommended by the City Engineer as follows: Class 2 Aggregate - Bryan Aggregates at $3.34; Seal Coat Aggregate - Bryan Dresser Traprock at $8.35; Sand - Anderson Aggre- gate at $1.50; Crushed Rock - Bryan Aggregates at $3.40; Binder Stone - Bryan Aggregates at $3.40; Plant Mix 2331 - Bury & Carlson at $10.10; Plant Mix 2341 Bury & Carlson at $10.10: Wearing Course Mix - Bury & Carlson at $8.04; Bituminous Material Mix - Anderson Aggregate at $74.00 and Road Oil - W.H. Barber Oil Co. at $.343. Resolution Authroizing Public Safety Radio Lease Agreement Member Swartz introduced the following resoltlttaion and MOVED its adoption: RESOLUTION (Authorizing Public Safety Radio Lease Agreement with Hennepin County Sheriff) 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 follow- ing 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. Quotations - Steel Sign Posts The Council reviewed the quotations received for steel sign posts. They were as follows: Gopher Sign Co. - $1,610.00: E.F. Anderson & Assoc. - $1,458.00 and Doncor, Inc. - $1,242.00. MOVED by Anderson, seconded by Johnson and carried to award purchase to the low bidder Doncor Inc. as recommended by the City Manager. 01 Regular Meeting of the City Council, April 4, 1977 Quotations - Mobile Radios The City Council reviewed the quotations received for mobile radios for the Public Works Department and Park Department. They were as follows: Air Comm - $2,800.00; General Communications - $2,992.00; R.C.A. Corporations - $3,272.00 and Motorala Communications - $3,240.00. MOVED by Johnson, seconded by Thorsen and carried to award purchase to the low quotations received from Air Comm at $2,800.00 as recommended by the City Manager. Preliminary General Fund Statements for 1976. MOVED by Anderson, seconded by Swartz and carried to receive and file the preliminary general fund statements for 1976. State Highway Department - Re: Signal Installation - T.H. 12 & Winnetka Member Swartz introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Installation of Signals at the Intersection of T.H. 12 and Winnetka Avenue by the State Highway Department) 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 follow- ing 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 4.� . Appropriations for Hwy. 12 Signals MOVED by Johnson, seconded by Anderson and carried to finance the T.H. 12 and Winnetka Avenue signal installation of $3,329.45 from the State Aid Fund. MOVED by Swartz, seconded by Johnson and carried to finance the signal installation at T.H. 12 and Turners Crossroad and T.H. 12 and Louisiana in the amount of $8,878.56 from the State Aid Funds. MOVED by Johnson, seconded by Anderson and carried to finance the installation of signals at T.H. 12 and Florida in the amount of $1,590.00 from the General Contingency Fund and transfer that amount to the Traffic Signal Fund. Legislative Breakfast - April 15, 1977 The Council briefly discussed items for discussion at the Legislative Breakfast tentatively scheduled for April 15, 1977. The Mayor was requested to contact the other communities to be involved regarding discussion items if there is no new legislation to discuss the meeting will be postponed to a later date. Regular Meeting of the City Council, April 4, 1977 City Clerk Resignation - Discussion of Council Secretary The City Manager informed the Council of the receipt of a letter of resignation from City Clerk Mary H. Marske to become effective April 29, 1977. The subject of a Council Secretary to replace the Clerk with the official designation of Clerk to be assigned to the present Treasurer was discussed. MOVED by Thorsen, seconded by Anderson and carried to authorize the City Manager to pursue the retention of a Council Secretary to replace the City Clerk as recommended. MOVED by Johnson, seconded by Thorsen and carried to commend the City Clerk for her past service to the City of Golden Valley and to wish her well on her new endeavors. The Council briefly discussed the agenda for the Workshop Session to be held on April 11, 1977 at 7:00 p.m. and to agree on a 10:00 p.m. adjournment time. The Council adjourned at 12:15 a.m. to reconvene on April 11, 1977 at 7:00 p.m. for the abovementioned Workshop Session. Mayor Attest: Council Secretary 1