11-21-77 City Council MinutesREGULAR MEETING
OF THE
CITY COUNCIL
November 21, 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 November 21, 1977 at 6:35 p.m.
The following members were present: Anderson, Hoover, Johnson, Thorsen. Also
present were: Assistant City Manager, Jeff Sweet; City Engineer, Lowell Odland,
City Attorney, Robert Skare and Council Secretary, Kathy Middleton. Councilmember
Stephen Swartz arrived at 6:40 p.m.
Approval of Minutes of November 7,.1977
MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of
November 7, 1977 as corrected:
page 178 - Under Planning Commission Re: Turners Crossroad and Hwy. 12
add "discussed with Golden Valley property owners" to read
MOVED by Anderson, seconded by Johnson and carried to request that
the Staff communicate to the Planning Commission an interim report
on the status of the intersection including the St. Louis Park
proposals and any alternatives discussed with Golden Valley property
owners and any response or lack of response to that.
MOVED by Anderson, seconded by Johnson and carried to add correction to minutes of
November 7, 1977 as follows:
page 172 - Under Metro Council Response to Development Frame Work add the
the words "proposed statement" to read MOVED by Johnson, seconded
by Anderson and carried to have the proposed statement that
Rosemary Thorsen has presented to the Council and,accept it in
concept and direct the Staff to put it in appropriate form.
Approval of Minutes of November 10, 1977 Special Meeting
MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of
November 10, 1977 Special Meeting as corrected:
page 180 - Motion MOVED by Swartz instead of Anderson, seconded by Thorsen
and carried to etc.
Approval of Verified Accounts (Bills and Claims)
MOVED.by Anderson, seconded by Johnson and carried to pay the bills as submitted
on the prelist and receive and file the claim from Arnold Palmer and submit it to
our insurance company.
Approval of Licenses
Councilmember Stephen Swartz abstained from voting on license #4854 Jim Lupient
Oldsmobile.
Regular Meeting of the City Council - November 21, 1977
On -Sale Liquor License - Golden Valley House, Inc. change in ownership
City Attorney reviewed letter sent to City Council. Stated if the Council is to
consider granting the on -sale license he recommends that the approval be conditioned
on the deposit of the represented pro forma funds and financing funds within a
specified time limit.
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LICENSES FOR APPROVAL NOVEMBER 21, 1977
NO.
LICENSEE
TYPE
FEE
4843
Theisen Vending Co.
Cig.
$ 12.00
4844
Cigarette Sales
Cig.
12.00
4845
Golden Hills Drug Store
Cig.
12.00
4846
Grotta's Union 76
Cig.
12.00
4847
Golden Valley Sports Center
Cig.
12.00
4848
Russell's Golden Valley Service
Cig.
12.00
4849
Westview Liquors
Cig.
12.00
4850
Cork'n Cleaver
Cig.
12.00
4851
Log Cabin Service Inc.
Cig.
12.00
4852
Cross Road Skelly Service
Cig.
12.00
4853
Public Safety Bldg. Police Dept.
Cig.
Exempt
4854
Jim Lupient Oldsmobile Co.
Itin. Food
15.00
4855
Nemo's Seafood
Itin. Food
12.00
4856
Golden Valley House, Inc.
Non -Per. Vend (3)
10.00
4857
Golden Valley House, Inc.
Food Est. +2facilities 140.00
4858
Golden Valley House, Inc.
Cig.
6.00 pr.
4859
Golden Valley House, Inc.
Motel
50.00
4860
Golden Valley House, Inc.
Tavern
350.00
4861
Golden Valley House, Inc.
Amuse. Dev.
25.00
4862
Bang Bang Oil Co. HOLD- Grocery
50.00
4863
Sir Vend: G.H. Tennant
Cig.
12.00
4864
Sir Vend: Custom Tool
Cig.
12.00
4865
Produce Design & Engineering
Cig.
12.00
4866
Perkins Cake & Steak House
Gig.
12.00
4867
Lee's Catering Co.
Cig.
12.00
4868
Harold Jessen: United Dressed Beef
Cig.
12.00
4869
Queens Plaza Liquors, Inc.
Cig.
12.00
4870
Suburban Tire, Inc.
Cig.
12.00
4871
Westview Superette
Cig.
12.00
4872
Pederson -Franke Jobbing
Cig.
12.00
4873
Valley Drugs
Cig.
12.00
4874
Winnetka Coffee Kup
Cig.
12.00
4875
Red Owl Stores, Inc.
Cig.
12.00
4876
Byerly Food
Cig.
12.00
MOVED
by Thorsen, seconded by Johnson and
carried to approve the
issuance of the
licenses as submitted on page 132 with the
exception of #4862- Bang Bang Oil
Company.
On -Sale Liquor License - Golden Valley House, Inc. change in ownership
City Attorney reviewed letter sent to City Council. Stated if the Council is to
consider granting the on -sale license he recommends that the approval be conditioned
on the deposit of the represented pro forma funds and financing funds within a
specified time limit.
1
Regular Moeting of the City Council - November 21, 1977
On -Sale Liquor License - Golden Valley House, Inc. change in ownership (con't)
Assistant City Manager stated that The Golden Valley House, Inc. should have to meet
all the appropriate health ordinance in relation to the inspection made by the City
Sanitation Department.
Mr! and Mrs. Paul Thomas were present to answer questions from the Council.
MOVED by Anderson, seconded by Johnson and carried to approve the liquor license
conditioned by the stipulations put on by the Attorney and Assistant City Manager
and also of the personal guarantee by the individual owners of.any bills owed
the City by the Corporation.
Minutes of the Human Rights Commission Meeting - October 13, 1977
MOVED by Anderson, seconded by Thorsen and carried to receive and file th eninutes of
the Human Rights Meeting of October 13, 1977.
Due to the absence of Ron Haskvitz, the Council laid over his letter regarding
miscellaneous items with the exceptionof Project Mobility. The Council decided that
they would not make any further contact with MTC on Project Mobility.
Minutes of the Board of Zoning Appeals Meeting - November 15, 1977
MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes
of the. Board of Zoning Appeals Meeting of November 15, 1977.
Minutes of the Bassett Creek Flood Control Commission Meeting - October 20, 1977
MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes
of the Bassett Creek Flood Control Commission Meeting of October 20, 1977.
Minutes of the Building Board of Review Meeting - November 15, 1977
MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes
of the Building Board of Review Meeting of November 15, 1977.
Minutes of the Planning Commission Meeting - November 14, 1977
MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes
of the Planning Commission Meeting of November 14, 1977.
MOVED by Thorsen, seconded by Johnson and carried to set hearing for P.U.D. #1-B
Concept for December 19, 1977 at 7:30 p.m.
Minutes of the Southeast Fire Station Planning Committee Meeting - November 14, 1977
MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes
of the Southeast Fire Station Planning committee of November 14, 1977.
1
186
Regular Meeting of the City Council - November 21, 1977
Minutes of the Park and Recreation Commission Meeting - November 3, 1977
MOVED by Johnson, seconded by Thorsen and carried to receive and file the
minutes of the Park and Recreation Commission Meeting of November 3, 1977.
MOVED by Anderson, seconded by Johnson and carried to request the Mayor to
communicate to the Park and Recreation Commission that their proposal for use of
the property owned by the City east of Jersey Avenue and south of Courtlawn
Circle abutted on the south by Laurel Avenue will be considered by the Council.
Safety Council Response to stop signs at Jersey and Western
MOVED by Anderson, seconded by Johnson and carried to receive and file thecletter
from the Safety Council.
Bid Opening November 17, 1977 11:00 a.m. Tennis Court Lighting
The Assistant City Manager presented the bid tabulations and recommends awarding
of the bid to Cramer Electric as low bidder.
MOVED by Thorsen, seconded by Johnson and carried to award the bid of tennis
court lighting to Cramer Electric in the amount of $11,300.00 as low bid.
Resolution authorizing acceptance of donation of land from Elmo Ginkel
Member Swartz introduced and read the written resolution and moved its adoption
RESOLUTION
(Authorizing the acceptance of a donation of
real estate as a gift from Elmo Ginkel and June
Ginkel, his wife)
The motion for the adoption of the foregoing resolution was seconded by Member
Thorsen 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, adopted and
signed by the Mayor and his signature attested by the City Clerk. See Resolution
Book page
October Budget Report
MOVED by Swartz, seconded by Anderson and carried to receive and file the October
budget report.
MOVED by Johnson, seconded by Anderson and carried the transfer of funds of
$8,000 from 1977 Budget Contingency to Municipal Court Work.
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1
1
13 7
Regular Meeting of the City Council - November 21, 1977
Renewal Interceptor Maintenance Agreement #54 and #147
Assistant City Manager stated these are routine renewals that are already in effect
with the Metropolitan Waste Control Commission.
MOVED by Thorsen, seconded by Johnson and carried to authorize the Mayor and City
Manager to renew for 1978 Interceptor Maintenance Agreement No. 54 as revised.
MOVED by Anderson, seconded by Thorsen and carried to authroize the Mayor and City
Manager to renew for 1978 Joint Use Rental Agreement No. 147.
Public Hearing P.U.D. #21 Elks Club #44 - Edward Martin Liquor License application
Don, Hughes, of the Planning Commission, made presentation for the Planning Commission.
Stated that it was moved to recommend denial of the general plan for P.U.D. #21,
noting it is not an appropriate land use, and that the Comprehensive Plan indicates
a Business and Professional Office use for the property. The motion was carried
with one nay vote.
Bill Ringsred, proponent, a trustee with the Elks Lodge gave the reasons for their
proposal.
The Mayor then opened the meeting for,. -public input on P.U.D. #21 Elks Club #44
andpersons present to do so were afforded an opportunity to express their views
thereon.
Dennis Jackson, 6745 Country Club Dr. - Representative for neighborhood. Opposed
to the rezoning. Main concerns of the neighborhood were: conjestion; noise; traffic
and child safety.
Wallace Marx, 550 Varner Circle - Opposed. Two concerns feels Council should contend
with are: Resident's point of view and the basic ordinance.
J.B. Swildens, 7140 Glenwood Ave. - Opposed. Feels there should be some form of
follow-up system if they are granted the rezoning.
E.W. Hampel, 7240 Glenwood Ave. - Opposed. Concerned with the noise at Schullers
and feels it will be the same.
C. McNicholl, 7200 Glenwood Ave. - Opposed. Wanted to know why Elks Club is in
financial trouble and what ways have they tried to raise money.
E.F. Vizard, 7120 Glenwood Ave. - Opposed.
Mrs. Dennis Jackson, 6745 Country Club Dr. - Opposed. Statedno one in their
neighborhood was notified about the Elks Club putting up a screen or barrier.
J.D. Rousseau, 6809 Country Club Dr. - Feels there will be no basic change to the
neighborhood or no change in the number of cars in attendance at the Elks Restaurant.
Mrs. Marx, 550 Varner Circle - Opposed to the Sunday brunch.
Regular Meeting of the City Council - November 21, 1977
Public Hearing P.U.D. #21 Elks Club #44 (con't)
Cy Evenson, Representative from the Chamber of Commerce Board of Directors -
Feels the Elks Club should be given a change because of the good they have done
and so no other club will be able to come in and take over the building.
E. Bergquist, 521 Varner Circle - Opposed. Concerned with who holds the
mortgage for Elks building.
Tony Ferrara, 100 S. Meadow Lane - Elks member. In favor. State number cars in
attendance at the restaurant will not change from the number ofcars at
parties at the Elks.
Dwayne Haugen, New Hope - Elks member. In favor. Stated the Elks would not let
anything durogatory happen to that place.
Mrs. Ferrara, 100 S. Meadow Lane. - In favor. Concerned that if the Elks do not
get support something worse could take over the building.
W.J. Adams, 400 Osborn Dr. - Feels the property will not change.
J.C. Portmann, 6494 Westchester Circle - In favor of the rezoning if there is a
review at the end of the year.
Mrs. ARch Olson, 7740 Ridgeway Rd. - States unfair to compare Schullers to the
Elks Club.
Mayor announced the names of people sending letters in favor of the rezoning.
Francis Smith, Past Grand Exalted ruler of the Elks Lodge; James Kelly,
President of Golden Valley Jaycees; James Bensen, General Superintendent of
Honeywell Inc.; Don Ritland, President of Minnesota Elks Association; E.W. Rockney,
Pako Corporation.
Representative from Austin Decorators, 5741 Woodstock Ave. - No objection to
request.
Harold Schiller, 7445 Winnetka Heights Dr. - Concerned why no one had any objections
to the noise and traffic at Schullers.
J.P. Jackson, 7001 Country Club Dr. - Opposed. Concerned with traffic problems.
Don Hughes, Planning Commission member, stated basic conern is not with the :Elks
Club but the property around the Club.
M. Sedlacek, 7225 Country Club Dr. - Opposed. Concerned with the noise.
Mayor closed the hearing.
MOVED by Anderson, seconded by Swartz and carried to continue the matter for
further consideration by the Council to November 30, 1977 at 7:30 p.m. in the
Council Chambers.
I 99
Regular Meeting of the City Council - November 21, 1977
Second Reading of Ordinance to designate thru streets
MOVED by Swartz, seconded by Anderson to bring on the table for second reading
an ordinance amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Traffic Regulations)
MOVED by Anderson, seconded by Johnson and carried to approve the ordinance herein
quoted by title on its second reading. Upon roll call vote the members were
recorded as voting as follows:
ANDERSON - YES
HOOVER - YES
SWARTZ - YES
JOHNSON - YES
THORSEN - YES
Waiver of Platting Ordinance - 1445 Kelly Dr. 1500 Oregon Ave.
Don Hughes, representative from the Planning Commission gave the Commissions
recommendation to approve the request with the stipulation that the proponent
dedicate a five foot easement for street right-of-way off Kelly Drive North.
This is all subject to the filing of the proper deed with the City.
MOVED by Anderson, seconded by Johnson and carried to approve the waiver of platting
ordinance request subject to the dedication of the five foot easement for street
right of way off Kelly Drive North.
WEST PARCEL 1500 Oregon Ave.
The North 100 feet of the East Half of Lot 11, Keene Higbee and Bitzer's Golden
Valley Out -Lots, except the East 179.00 feet thereof. Subject to road easement
over the West 13.26 feet thereof.
EAST PARCEL - 1445 Kelly Drive
The East 179.00 feet of the North 100.00 feet of the East Half of Lot 11, Keene
Higbee and Bitzer's Golden Valley Out -Lots. Subject to road easement over the East
5.00 feet thereof.
Metro 500 Appeal from Building Board of Review on sign
Glen Cording, Acting Chairperson of Building Board of Review gave their report and
recommendation for denial of request because the entire sign structure on the
roof has to be considered as sign area and hence, becomes non -conforming in two
respects - square footage and location.
Proponent - Greg Dahl, Attorney for Metro 500, Inc. stated plans and reasons for
request.
-190
Regular meeting of the City Council - November 21, 1977
Metro 500 Appeal from Building Board of Review on sign
MOVED by Swartz, seconded by Anderson and carried to defer action on this and get
a report from the Staff on the definition under the ordinance of the portion of
the roof structure that constitutes the sign, thepresent value of that sign and the
cost of the proposed remodeling of the sign. Also a report from the City Attorney
on the facts involved relating to the interuption of the use of the station. These
items to be brought to the next Council meeting on December 5, 1977.
Hennepin County Re: Funding for community planning boards
MOVED by Johnson, seconded by Anderson and carried to authorize the Mayor to
draft a response to the Hennepin County addressing reasons why we do not agree
with City funding of the planning boards.
John Hogenson Re: Proposed Superamerica Station Convenience Store
Jon Westlake, Director of Planning Dept. reviewed with the Council the
proposed Superamerica Station Convenience Store.
Lowell Odland, City Engineer, stated the proposal is to remove the existing station
and build a new station that will allow for right-of-way acquisition for a Boone
Ave. interchange.
MOVED by Swartz, seconded by Anderson and carried that it is the opinion of the
City Council that the proposed Superamerica Station in conjunction with a
convenience store operation is no more obnoxious or detrimental to the welfare of
the community than the enterprises or businesses permitted under the zoning ordinance
for that property.
The Council discussed with the Proponent the possiblility of a Boone Ave.
interchange grade separation with potential acquisition of some of the property
in question. The Proponent noted the possiblity in the future that there is
potential acquisition of the property.
Petition - RSL #81 - Ridgeway Rd. - Ornamental Street Lighting (PH 1-16-78)
Member Thorsen introduced and read the following resolution and moved its adoption
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 81
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 agains the same: none, whereupon said resolution was declared duly
passed, adopted and signed by the Mayor and his signature attested by the City
Clerk. See Resolution Book page
91
Regular Meeting of the City Council - November 21, 1977
Petition - RSL
#82 - Street
Lights
- Boone & Mandan Ave. -
(PH
12-19-77)
Member Anderson
introduced
and read
the written resolution
and
moved its adoption
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 82
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 andohis signature attested by the City Clerk.
See Resolution Book page
Petition - RSL #83 - Street Lights - 23rd Ave. No. & Decatur (PH 12-19-77)
Member Johnson introduced and read the written resolution and moved its adoption
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 83
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 signature attested by the City Clerk.
See Resolution Book page
Report status and options public health nursing
MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and City
Manager to sign the joint powers agreement.
MOVED by Anderson, seconded by Thorsen and carried to appoint Councilmember Johnson
to the.Board of Directors from the date it is formed through December 1978.
Golden Valley Country Club - Request for DNR Permit on Bassett Creek
City Engineer stated this is a permit for work on Bassett Creek.
MOVED by Anderson, seconded by Thorsen and carried to approve the permit application
subject to meeting the requirements of the Bassett Creek Flood Control Commission.
State of Minnesota participation in Hwy. 55 Pedestrian Bridge
Member Johnson introduced and read the written resolution and moved its adoption
RESOLUTION
(Cost participation on TH 55 Pedestrian
Bridge with MN/DOT)
Regular Minutes of the City Council - November 21, 1977
State of Minnesota participation in Hwy. 55 Pedestrian Bridge (con't)
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, adopted and signed by the Mayor and his signature attested by the
City Clerk. See Resolution Book page
Attendance at National Meetings
MOVED by Johnson, seconded by Anderson and carried that every Councilmember should
attend at least one State or National meeting a year.
Declaration of a Christmas party
Mayor Hoover made a public announcement that he will be inviting all the Council
members and their spouses to a Christmas open house at his house on December 11,
1977 at 6:00 p.m.
Letter from Open Space Commission - Mary Bowman, Chr.
MOVED by Johnson, seconded by Swartz and carried to receive and file the.letter
from Mary Bowman and to declare a vacancy on the Open Space Commission.
Adjournment
MOVED by Johnson, seconded by Thorsen and carried to2nthe meeting at
11:56 p.m.
ROBERT R. HOOVER, MAYOR
ATTEST:
i
C unci etary