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10-03-77 City Council MinutesRegular Meeting Of the City Council October 3, 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 Rd. in said City on October 3, 1977. The following members were present: Anderson, Hoover, Johnson, Swartz and Thorsen. Also present were Assistant City Manager, Jeff Sweet, City Engineer Lowell Odland, City Attorney, Robert Skare and Council Secretary Kathy Middleton. Approval of Minutes of September 19, 1977 MOVED by Johnson, seconded by Anderson and carried to approve the minutes of September 19, 1977 as corrected. Page 150 Under Minutes of Park & Recreation Commission Meeting change the motion to read"carried to refer the resolution regarding the Trail Corridor back to the Park & Recreation Commission for them to report back to tis at a later date and also to have the Park and Recreation Commission set up a meeting with the Hennepin County Park Reserve and the City Council for October 3, 1977 meeting at 6:30 p.m. MOVED by Anderson, seconded by Johnson and carried to approve the minutes of the Special Meeting of September 26, 1977. MOVED by Anderson, seconded by Johnson and carried to review the minutes of the Special Meeting of September 28, 1977 at the meeting of October 17, 1977. Approval of Verified Accounts (Bills and Claims) MOVED by Anderson, seconded by Swartz and carried to approve the payment of the verified accounts as submitted on the prelist. Health Central Inc. filing of suit in District Court MOVED by Johnson, seconded by Thorsen and carried to receive and file the communication from Health Central and submit it to the City's Special Counsel, Mr. Herb Lefler. Approval of Licenses MOVED by Thorsen, seconded by Swartz and carried to approve the issuance of the licenses #4727, #4728, #4729 and #4730 as submitted. 1 i Ll 1-97 Regular Meeting of the City Council - October 3, 1977 NO. LICENSEE LICENSES FOR APPROVAL OCTOBER 3, 1977 TYPE FEE 4827 -Heatherwood - The Plant People, Inc. Solicit, plants $ 20.00 4828 Nemo's Seafood Itinerant food 12.00 4829 J's Restaurant Food est. 100.00 4830 Golden Valley Lutheran College Food Handling exempt Unification Church Soliciting License (pending from 7-18-77) Doug Culbertson - Representative from the Unification Church was present to answer questions from the Council. Glen Amundson, 7236 Harold Ave. - Stated he is opposed based on what he has-- seen as-seen and heard that the Unification Church is not a bonefide charitable organization. Irene Serr, 500 Turnpike Rd. - Would like to see that the citizens are protected against the solicitors. Feels they should be required to present their financial statements. MOVED by Swartz, seconded by Johnson and carried to defer action on the exempt license application pending submission to the City Council of a certified income and expenditure statement of the Unification Church's most current fiscal year. Minutes of the Board of Zoning Appeals Meeting - September 13, 1977 MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of the Board of Zoning Appeals Meeting of September 13, 1977. MOVED by Anderson, seconded by Johnson and carried to request the Mayor to communicate to the Board of Zoning Appeals to include in their minutes a statement of reasons why they are granting a waiver. Minutes of Board of Building Review Meeting - September 20, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Board of Building Review Meeting of September 20, 1977. Controversy on 33 foot frontage lot MOVED by Johnson, seconded by Thorsen and carried to refer City Attorney's written opinion and information to the Board of Zoning Appeals and the Staff and if the proponent desires to pursue the proposal he would have to apply for the waiver. Minutes of the Housing & Community Development Commission Meeting - August 17th and September 14, 1977. MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of the Housing and Community Development Commission Meeting of August 17th and September 14, 1977. 1.58 Regular Meeting of the City Council - October 3, 1977 Park & Recreation Commission Re: Hennepin County Trail Corridor Ray Peterson, Park & Recreation Commission Member was present to request adoption of trail corridor resolution. Greg Mack, from Hennepin County Park Reserve, presented a 40 mile concept map designating areas for trails. MOVED by Anderson, seconded by Johnson and carried to refer the resolution to the Staff requesting the revisions to the resolution be added. Special Assessment Hearings Street Improvements 76 -SI -2 Mr. Dave Johnson, 1633 Xerxes Ave. N. - representing neighborhood request a reduction in special assessment rates. Mrs. Dahl, 1635 Xerxes ,:_.Ave. - Concerned with the curbing that was left unfinished along their street. Mr. Kostak, 1715 Xerxes Ave. - Concerned with trucks still running on their street. Mr. John Malven, 1707 Xerxes Ave. - question on rates for Minneapolis residents. Mayor closed the public hearing. MOVED by Johnson, seconded by Anderson and carried to revise assessment rate for 76 -SI -2 to $6.277. Street Improvements 76 -SI -3 Mr. Clarence Green, representing Good Shepard Church - concerend with the total cost of bituminous services. Storm Sewer 76 -SS -4 Mr. Scroggins, 2920 N. Lilac Dr. - question on whether we investigate the contractors before we send them out on a job. Mr. Evenson, 5385 Tritan Dr. - Had damage done to their property and would like some information on how to handle the claim. Storm Sewer - 77 -SS -1 Mr. John Schroth, 843 S. Winnetka - Feels the storm sewer is not necessary. Mr. Fred Butkovich, 7327 Ridgeway Rd. - Feels it is not necessary to have additional storm sewer. Mr. Glen Brown, 611 sumter Ave. - Questions on process of getting contractors. Mrs. Katz, 7521 Ridgeway Rd. - Did not receive letter of construction of storm sewer. MOVED by Anderson, seconded by Johnson and carried to grant the notice of deferment of the agreement with Mr. Ben Stewart. 159 Regular Meeting of the City Council - October 3, 1977 Sealcoating Mr. Galzki, 439 Decatur.Ave. - Has concerns with paying for sealcoating on a service road that they do not use. Mr. Johnson, 2040 Major Circle - Questions on who determines if a road needs sealcoating. Mayor Hoover closed the public hearing Member Thorsen introduced and read the written resolution and moved its adoption RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 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 MOVED by Johnson, seconded by Anderson and carried to order the various charges on the tax roles. B.Z.A. Re: Joining of Sport Center and Gas Station - 3924 Olson Hwy. Glen Christiansen, Board of Zoning Appeals Member, gave their report. Mr. Bernard Herman of Cottle Herman Architects was present and made the presentation for theproponent, Mr. Steven Melemed. MOVED by Johnson, seconded by Anderson and carried to defer until the next meeting for the purpose of having the proponent define the square footage of rental space; to learn the ownership of the two exterior lots; to obtain a more complete understanding of the -parking requirements and also to have the Staff prepare a report on potential redevelopment for the area. MOVED by Anderson, seconded by Swartz and carried to meet at the site of the Sport Center and Gas Station with the Proponent at 4:15 p.m. on Monday, October 17, 1977. 6909 Medicine Lake Rd. Agreement Re: Phase Out of nonconforming use The City Attorney summerized the stipulation agreement with Mr. Sarych and Mr. Riley. MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and City Manager to enter into the agreement with Mr. Riley and Mr. Sarych. 1 Stan Krugler Re: Gruskin Gardens Final Plat Extension Stan Krugler was present to request the extension of the plat. MOVED by Johnson, seconded by Anderson and carried to grant the extension for 30 days. MOVED by Thorsen, seconded by Anderson.iand carried to request the Staff, within 30 days, to make a recommendation to the Council concerning assessment on this property based on the past experience regarding the property as far as storm sewers. Minutes of the Planning Commission.Meeting - September 26, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Planning Commission Meeting of September 26, 1977. Minutes of the Environmental Commission Meeting - September 12, 1977 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission Meeting of September 12, 1977. 1978 Budget Adoption Member Swartz introduced and read the resolution and moved its adoption RESOLUTION (Adopting a Budget for 1978 and Establishing the City Property Tax Levy for 1977 Collectible in 1978) The motion for 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 Member Thorsen introduced and read the written resolution and moved its adoption RESOLUTION (Authorizing and Directing Cancellation of 1977 Levy for Various Improvements Bonds) The motion for 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 1 Regular Meeting of the City Council - October 3, 1977 Member Anderson introduced and read the written resolution and moved its adoption RESOLUTION DESIGNATING PROPOSED EXPENDITURES OF REVENUE SHARING FUNDS -ENTITLEMENT PERIODS 8 AND 9 The motion for 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 MTC Re: Proposed construction —Turners Crossroad & Glenwood Ave. City Engineer recommended this proposed construction not be approved for the three reasons stated: 1) Violates an ordinance 2) The property owner doesn't want it. 3) It is on private property. MOVED by Anderson, seconded by Thorsen and carried to send the plans back to Metropolitan Transit Commission with the three reasons stated by the City Engineer and indicating we are denying it. MTC Re: Policy on Waiting Shelter MOVED by Johnson, seconded by Thorsen and carried to defer for two weeks and request the Staff to set up a policy. Tom Boyce Re: Resignation from Valley Square Commission MOVED by Thorsen, seconded by Johnson and carried to receive and file the letter of resignation from Tom Boyce and send a letter of appreciation. Perry Finney Re: Resignation from Environmental Commission MOVED by Johnson, seconded by Anderson and carried to receive ad file the letter of resignation from Perry Finney.and send a letter of appreciation. Louise Simon Re: Resignation from the Human Rights Commission MOVED by Johnson, seconded by Swartz and carried to receive and file the letter of resignation from Louise Simon and send a letter of appreciation. C.J. Schwebach letter Re: Snow plowing on 5800 Olson Hwy. City Engineer gave background information. MOVED by Thorsen, seconded by Anderson and carried to receive and file the request and have the Mayor respond to Mr. Schwebach with reason for denial. John Theurwger Letter Re: Travel Trailer MOVED by Johnson, seconded by Anderson and carried to grant the request for a period of time up to October 17, 1977. 162 Regular Meeting of the City Council - October 3, 1977 Bid Opening September 22, 1977 11:00 a.m. 77 WM 5, 77 LF 4, 77 SS 5, 77 SI 15 - International Paper Plat Assistant City Manager presented bids and recommended that they hold the award until after the State Agreement is received. Lay over award to the October 17, 1977 Council Meeting. MOVED by Johnson, seconded by Thorsen and carried to defer awarding of the bid until October 17, 1977 Council Meeting. Bid Opening September 22, 1977 11:00 a.m. 77 SI 10 International Paper Plat Assistant City Manager presented bids and recommended that they hold the award until after the State Agreement is received. Lay the award over to the October 17, 1977 Council Meeting. MOVED by Johnson, seconded by Thorsen and carried to defer awarding of the bid until October 17, 1977 Council Meeting. Exception of City Vehicle Policy MOVED by Johnson, seconded by Swartz and carried that the Assistant Park and Recreation Director shall furnish his own car for all driving in the conduct of City business in the Twin City area and shall be reimbursed at a rate of $100 per month, payable the first of each month. Any driving outside of the Twin City Metro Area will be reimbursed at the standard mileage rate. MN/DOT Scott Ave. Storm Sewer Agreement - Resolution authorizing signatures City Engineer stated there were two change orders approved and the State has incorporated those two change orders into a supplemental agreement. Member Swartz introduced and read the written resolution and moved its adoption RESOLUTION (Scott Avenue Storm Sewer Extension Agreement with MN/DOT) 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 Call Public Hearing Preliminary Plat Schlegel Construction Company Winnteka and 23 Ave. for 11-7-77. MOVED by Thorsen, seconded by Johnson aid carried to set a public hearing on the plat for November 7, 1977. 1 1 1 Regular Meeting of the City Council - October 3, 1977 Commission Appointments MOVED by Anderson, seconded by Johnson and carried to appoint Mr. Donald Ogilvie go the Southeast Fire Station Planning Committee. MOVED by Thorsen, seconded by Swartz and carried to appoint Mrs. Merrilee Riley to the Park and Recreation Commission. MOVED by Anderson, seconded by Thorsen and carried to appoint Mr. Dave Thompson to the Environmental Commission. Metropolitan Council System Statement Appeal MOVED by Johnson, seconded by Anderson and carried to receive and file the letter and refer to Staff for an analysis for the next Council meeting of October 17, 1977. Adjournment MOVED by Johnson, seconded by Thorsen and carried tZadjour eeting at 12:35 P.M. Robert R. Hoover, Mayor ATTEST: V Council e eta N3