12-05-77 City Council MinutesRegular Meeting
Of The
City Council December 5, 1977
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Golden Valley, Hennepin County, Minnesota was held at 7800
Golden Valley Road in said City on December 5, 1977 at 6:45 p.m.
The following members were present: Anderson, Swartz and Thorsen. Also present
were: Assistant City Manager, Jeff Sweet, City Attorney, Robert Skare, City
Engineer, Lowell Odland and Council Secretary, Kathy Middleton.
Due to the absence of the Mayor, the Mayor Pro -tem, Councilmember Anderson, called
the meeting to order.
Approval of the Minutes of November 30, 1977, Special Meeting
MOVED by Swartz, seconded by Thorsen.and carried to approve the minutes of
November 30, 1977 as amended:
page 190 Under The basic concerns discussed by the Council should read:
1. Level of use of the property if rezoning is proposed.
2. The matter of zoning that property for commercial use even
on a temporary basis.
3. The appropriateness using of the P.U.D. in such circumstances.
4. Control of the enforcement process under a P.U.D. and how to
deal with it.
Approval of the Minutes of November 21, 1977
MOVED by Thorsen, seconded by Swartz and carried to approve the minutes of
November 21, 1977 as submitted.
Approval of Verified Accounts (Bills and Claims)
MOVED by Thorsen, seconded by Swartz and carried to approve payment of the bills
on the prelist as submitted.
Approval of Licenses
LICENSES FOR APPROVAL DECEMBER 5, 1977
NO.
LICENSES
TYPE
FEE
4877
Golden Valley Lanes
Cig.
12.00
4878
M G M Liquor Warehouse, Inc.
Cig.
12.00
4879
7 Eleven Store
Cig.
12.00
4880
Reed Drug
Cig.
12.00
4881
Henrietta Hansen
Cig.
12.00
4882
Brunswick Carriage House Lanes #279
Cig.
12.00
4883
Colight, Inc.
Cig.
12.00
4884
Minneapolis Clinic
Gig.
12.00
4885
The Company Store, Inc.
Cig.
12.00
4886
Holiday Motor Hotel
Cig.
12.00
4887
Woodfill Services
Cig.
12.00
4888
Griswold Coffee Co.
Cig.
12.00
4889
Griswold Coff Co.
Cig.
12.00
4890
Best Foods Services
Cig.
12.00
1
1
1
1
1
Regular Meeting of the City Council - December 5, 1977
Approval of Licenses (con't)
NO. LICENSES
TYPE
FEE
4891
Q Petroleum
Cig.
12.00
4892
Byerly Beverages, Inc.
Cig.
12.00
4893
My Pie
Cig.
12.00
4894
Walgreen Drug
Cig.
12.00
4895
Opportunity House, Inc.
Cig.
12.00
MOVED by Swartz, seconded by Thorsen and carried to approve the issuance of the
licenses as submitted on page 1173.
Minutes of the Open Space Commission Meeting - November 16, 1977
MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes
of the Open Space Commission Meeting of November 16, 1977.
MOVED by Swartz, seconded by Thorsen and carried to receive and file the letter from
the Open Space Commission dated November 27, 1977 and grant the extension of time
from March 31, 1978.
Minutes of the Environmental Commission Meeting - November 14, 1977
MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes
of the Environmental Commission Meeting of November 14, 1977.
MOVED by Thorsen, seconded by Swartz and carried to ask the Staff to send the
Chairperson of the Environmental Commission a copy of the letter sent to the Open
Space Commission Chairperson on the designation of use for the $40,000 Land
Acquisition Account.
Minutes of the Southeast Fire Station Planning Committee - November 29, 1977
MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of
the Southeast Fire Station Planning Committee Meeting of November 29, 1977.
Minutes of the Valley Square Commission Meeting - November 15, 1977
MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of
the Valley Square Commission.meeting of November 15, 1977.
Golden Valley Mrs. Jaycees Re: Bingo notification and request to use Brookview
MOVED by Swartz, seconded by Thorsen and carried to approve the request for the use
of Brookview to play bingo for the purpose to raise money to buy playground equipment
for Brookview Park.
Northern States Power Franchise
MOVED by Thorsen, seconded by Swartz and carried to direct the City Attorney to draft
an ordinance incorporating the proposed changes included in the City Attorney's
memo for first reading at the December 19, 1977 Council Meeting.
196
Regular Meeting of the City Council - December 5, 1977
Appointment of Architect for Senior/Community Center Study
MOVED by Swartz, seconded by by Thorsen and carried to award the construction
of the Senior/Community Center Study to the firm of McEnary, Kraft, Birch and
Kilgore, Inc.
Resolution closing sinking funds
Assistant City Manager stated the resolution relates to closing out accounts
established to pay off Trunk sewer #1 sinking fund and a series of August 1,
1956 sinking fund which funds were created for the payment of bonds sold to
finance certain special assessment projects and the interest thereon.
Member Swartz introduced the written resolution and moved its adoption
RESOLUTION
(Authorizing Closing of Sinking Funds)
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, 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 Sewer Charge
MOVED by Thorsen, seconded by Swartz and carried to direct the Staff to draft
a proposed ordinance regarding the rate changes and place it on the December 19,
1977 agenda.
Resolution Team Police Grant
Assistant City Manager stated this resolution was a request by the Minnesota
Crime Control Planning Board authorizing sponsorship of the Team Policing Grant
for 1978.
Member Swartz introduced and read the written resolution and moved its adoption.
RESOLUTION
(Authorizing Sponsorship of Golden Valley Team
Policing Grant for FY 1978)
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, 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
Regular Meeting of the City Clerk - December 5, 1977
Wage and salary transfers
MOVED by Thorsen, seconded by Swartz and carried to transfer $30,500 from salary
contingency and $11,825 from General Contingency to various general funds.
Public Hearing Landscaping Laurel Avenue Ponds
John Brenna, Director of Park & Recreation Department, highlited proposed plan.
Burt Brown, Chrm. of Park & Recreation Commission, spoke on two concerns.
1) Grass on the North side of the East pond.
2) Trail routes
Paul St. Marie, Open Space Commission member, spoke on.two concerns.
1) Reaffirm primary purpose of this area was to form a barrier between the commercial
and residential area.
2) Site of the trails.
The Mayor Pro -tem opened the meeting for public input on landscaping of Laurel
Avenue ponds and persons present to do so were afforded the opportunity to express
their views thereon.
H.A. Himmelstein, 110 Kentucky Ave. S. - Question on the plan whether it was proposed
or the orginal and the cost charged.
E.G. Heilman, 250 Kentucky Ave. S. - Spoke in support of the proposed plan. Had
some concerns with the financing.
Mayor Pro -tem closed the public hearing.
MOVED by Thorsen -j. seconded by Swartz and carried to direct the Staff to use natural
planting as suggested.
MOVED by Thorsen, seconded by Swartz and carried to approve the planting plans as
submitted and authorize a transfer of $10,000.00 from the public land fund for the project.
Public Hearing 77 SI 13 Paved portion of Western Ave. (curb & gutter)
City Engineer reviewed the three alternative plans.
A) Installation of concrete curb and gutter the entire length of the street with
bituminous surfacing.
B) Bituminous surfacing without any curb and gutter 27 feet wide between Glenwood
and Florida Court and 24 feet wide west of Florida Court.
C) Combination curb and gutter from Glenwood to Florida Court and no curb and gutter
just bituminous surfacing from Florida Court to the west line.
The Mayor Pro -tem opened the meeting for public input on paved portion of Western
Avenue and persons present to do so were afforded the opportunity to express their
views thereon.
R. Blau, 6530 Western Ave. - In favor of bituminous paving only.
98
Regular Meeting of the City Council - December 5, 1977
Public Hearing 77 SI 13 Paved portion of Western Ave. (curb and gutter)
Member Swartz introduced the resolution and moved its adoption
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
(Alternate Plan B with 27 ft. and 24 ft. wide roadway)
77 -SI -13
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, 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 the written resolution and moved -its adoption
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
77 -SI -13
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, 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
Public Hearing RSL 80 Street Lights- Walley & Decatur Ave.
City Engineer reviewed the background of the request.
Mayor Pro -tem opened the hearing for public input on RSL 80 street lights - Walley &
Decatur Avenue and persons present to do so were afforded the apportunity to express
their views thereon.
No one was present to express their opinions.
Member Thorsen read the written resolution and moved its adoption
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 80
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, 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 pane
L a
Regular Meeting of the City Council - December 5, 1977
Public Hearing Preliminary Plat Kings Creek 5915 Glenwood Ave.
Herb Polachek, Planning Commission member, gave the report of the Planning
Commission and their reasons for denial.
Proponent - Rick Sather, representing. Centurion Company, presented their request.
Mayor Pro -tem opened the hearing for public input on Preliminary Plat Kings Creek
and persons present to do so were afforded the opportunity to express their views
thereon.
L.G. LeBlanc, 225 Brunswick Ave. S. - Feels the proposed plan is a little to dense
for the area.
G.M. Eiden, 345 Brunswich Ave. S. - Stated plan is not as bad as original proposal.
Mayor Pro -tem closed the public hearing.
MOVED by Thorsen, seconded by Swartz and carried to deny the request for platting
on the grounds that all the lots fail to meet the required lot width or area and
are far below the dimensions of nearby residences.
Public Hearing Plat Golden Valley Estates 8301 Plymouth Ave.
Jon Westlake gave the Planning Commissions recommendation.
Proponent - Fran Hagen representing Graham Development presented their request.
Mayor Pro -tem opened the hearing for public input on Plat Golden Valley Estates, 8301
Plymouth Ave. and persons present to do so were afforded the opportunity to express
their views thereon.
D.E. Cottrell, 1149 Orkla Dr. - Question on whether the present.grade of his back
yard remains the same. Is not opposed to plan.
R.L. Bergquist, 1300 Castle Court - Concerns with rezoning of lots.
S. Gillogly, 1220 Orkla Dr. - Spoke in favor of plan.
L.J. Harvatin, 1310 Castle Court - Representing the residents in his area. Spoke in
favor of the plan.
Mayor Pro -tem then closed the public hearing.
MOVED by Swartz, seconded by Thorsen and carried to approve the preliminary plat of
Golden Valley Estates as submitted subject to cash in lieu of land dedication.
MOVED by Swartz, seconded by Thorsen and carried to include on the Council agenda with
the final plat approval,the resolution calling the public hearing for the rezoning
of lots 2,3,4 & 5 Busch's Acres.
360
Regular Meeting of the City Council - December 5, 1977
First Reading P.U.D. Ordinance Amendment
MOVED by Thorsen, seconded by Swartz and carried to bring on for a first reading
an ordinance amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Amending the Planned Unit Development Ordinance)
MOVED by Swartz, seconded by Thorsen and carried to approve the ordinance herein
quoted by title on its first reading and of move to second reading December 19,
1977. Upon roll call vote being taken thereon, the members were recorded as voting
as follows:
ANDERSON - YES SWARTZ - YES THORSEN - YES
Metro 500 Appeal from Building Board of Review on sign
MOVED by Swartz, seconded by Thorsen and carried to approve the application for the
sign.permit subject to the following conditions: that only the lettered area
is being approved as the continuation of a nonconforming use and not the entire
roof structure, removal of the lower pylon sign, removal of the lettering from the
face of the service station building as the situation currently exists, reduction
in the size of the roof structure to the ten foot maximum height and that this
approval applies to this particular item and application only.
MOVED by Swartz, seconded by Thorsen and carried to request that the City
Attorney draft an amendment to the sign ordinance based on the recommendations stated
in his memo.
Waiver of Platting Ordinance - 6860 Harold Ave.
H. Polechek, Planning Commission member stated the request was to add 20' to
lot 13 Block 3 Windsor Woods and the Planning Commission approved unanimously.
MOVED by Thorsen, seconded by Swartz and carried to approve the waiver of platting.
PARCEL A Tract A, Registered Land Survey No. 367, Files of Registrar of Titles,
County of Hennepin, EXCEPT the south 20.00 feet of said Tract A.
That part of the west 25.00 feet of lot 29, "Auditor's Subdivision Number 322,
Hennepin County, Minnesota", lying between the southerly right-of-way line of State
Highway No. 55 as described in the Notice of Lis Pendans filed November 20, 1950,
and a line 20.00 feet northerly of, measured at a right angle to and parallel with
the southerly line of Tract A, Registered Land Survey No. 367, Files of Registrar
of Titles, County of Hennepin, and its easterly extension.
PARCEL B - The south 20.00 feet of Tract A, Registered Land Survey No. 367, Files
of Registrar of Titles, County of Hennepin.
1
2.01
Regular Meeting of the City Council - December 5, 1977
Waiver of Platting Ordinance - 6860 Harold Ave. (con't)
The West 25.00 feet of the south 20.00 feet of that part of Lot 29, "Auditor's
Subdivision Number 322, Hennepin County, Minnesota", which lies northerly of the
easterly extension of the south line of Tract A, Registered Land Survey No. 367,
Files of Registrar of Titles, County of Hennepin.
Lot 13, Block 3, Windsor Woods, except that part lying Easterly of a line drawn from
a point in the Easterly line of said lot, distant 25 feet Northerly of the Southeast
corner of said lot, to a point in the Southerly line of said lot, distant 3.5 feet
Westerly, measured along said Southerly line, from the Southeast corner of said
lot, according to the plat thereof on file or of record in the office of the
Registrar of Titles in and for Hennepin County.
Waiver of Platting Ordinance 221 Sunnyridge Lane
H. Polechek, Planning Commission member gave a brief summary of request.
Mayor Pro -tem opened meeting to hear public input.
Mr. R. Johnson, 221 Sunnyrdige Lane - gave some background of his property and the
reasons for his request.
Ann Murry, 200 Meadow Lane N. - Concerned with the proposed housing and lot division.
F.R. Sleavin, 201 Meadow Lane - Concerned with lot sizes.
Mayor Pro -tem closed the hearing.
MOVED by Swartz, seconded by Thorsen and carried to defer the,matter until the
meeting of December 19, 1977.
Mr. Francis Hogenson Re: Request for use of a warming house durincglabor dispute
Francis Halgason, attorney for International Union for Electrical Radio and Machine
Workers, stated the request is for a permit to place a small shack on street right-
of-way for use as a warming house for the,)picketers while the strike is in process.
MOVED by Swartz, seconded by Thorsen and carried to grant a temporary permit until
March 30, 1978 subject to the conditions that the City not be responsible for
maintenance of the property or any damages done to the.property due to snow plowing
or any other City activity.
Adjournment
MOVED by Thorsen, seconded by Swartz and carried to adjourn the meeting at 11:15 p.m.
ISA 0 PRO- M
ATTEST:
COUNCIL SECRETAR