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02-06-78 City Council MinutesIn Regular Meeting Of The City Council February 6, 1978 Pursuant to due call andnotice 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 February 6, 1978 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson, Stockman and Thorsen. Also present were: Assistnat City Manager, Jeff Sweet; City Attorney, Robert Skare; City Engineer, Lowell Odland; and Acting Council Secretary, Jan Kauth. Approval of Minutes of January 16, 1978: MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of January 13, 1978 as amended: Page 9 - Under Pre -Planning - Laurel Avenue area East of Good Shepherd Church - Add motion to show action taken - MOVED by Anderson, seconded by Johnson and carried that after Council discussion the Staff was directed to proceed with the plans and to report back to the Council. - Under Claims and Actions Liability Insurance - MOVED by Johnson, seconded by Stockman and carried to add the word "options" to motion to read "to direct the Staff to continue their study on liability insurance options". - Under Traffic problems on Duluth and Golden Valley Road between Hwy. 100 & Noble. - Add motion to show action taken - MOVED by Anderson, seconded by Johnson and carried that after Council questions and discussion it was noted that the County and City Staff have been requested to study traffic concerns in this area. The Council will be receiving these reports in the near future. Page 8 - Under Aloha Corporation - Carriage House On -Sale Liquor Violation - Add motion - MOVED by Stockman, seconded by Anderson and carried to direct the Proponent's Attorney to get with theCity's Attorney regarding their existing liquor license records. Approval of Verified Accounts (Bills and Claims): MOVED by Anderson, seconded by Stockman and carried to approve the payment of the bills as submitted on the prelist. Approval of the Licenses: MOVED by Thorsen, seconded by Johnson and carried to approve the issuance of licenses #4946-4953. LI 1 1 1 Regular Meeting of the City Council - February 6, 1978 Approval of the Licenses: (con't) NO. LICENSEE LICENSES FOR APPROVAL FEBRUARY 6, 1978 TYPE 4946 Coca-Cola (Anderson Cadillac) N.P. Vend. (1) 4947 Reed Candy & Tobacco Co. (Anderson Cadillac N.P. Vend. (1) 4948 Reed Candy & Tobacco Co. (Anderson Cadillac)Cig. 4949 Read Candy & Tobacco Co. (Anderson Cadillac Per. Vend. (2) 4950 B.K. Vending (Parker Hannifin Corp.) Cig. 4951 Twin City Vending (Pat Thomas Chrysler) Cig. 4952 Twin City Vending (Thorpe Bros.) Cig. 4953 Minneapolis Park Board (Theodore Wirth) Cig. Application for new location of Byerly's liquor store: FEE 7.50 Inc. 5.00 14.50 Inc. 22.50 inc. 12.00 12.00 12.00 12.00 Mr. Byerly was present to make a request for an amendment to his current liquor license because he is moving his liquor store. MOVED by Anderosn, seconded by Johnson and carried approving the transfer of the location of the liquor license. Application for a change of ownership - Golden "V" Liquor Store - Thomas Anderson Thomas Anderson was present to answer questions from the Council. MOVED by Anderson, seconded by Thorsen and carried for approval of a new Off -Sale Liquor License for the Golden "V" Liquor Store for Thomas Anderson as the new owner. Approval of Minutes of Boards and Commissions: MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of all the Boards and Commissions from E through K as listed on the agenda and to correct the date of the Bassett Creek Flood Control Commission Meeting on the agenda to November 17, 1977. - Board of Zoning Appeals, Environmental Commission, Park and Recreation Commission, Planning Commission, Safety Council, Northeast Fire Station Planning Committee, Bassett Creek Flood Control Commission. Jay Pearson, member HRC Re: Report on "Accessibility Makes Good Sense": Jay Pearson made presentation regarding pamphlets that will be sent out to all businesses in Golden Valley on accessibility for the handicapped. Penalty penalty penalty MOVED by Johnson, seconded by Anderson and carried to approve the content of the brochure and permit the Human Rights Commission to pursue and enter a joint publication or some other cooperative adventure with the Chamber of Commerce. ZO Regular Meeting of the City Council - February 6, 1978 Northeast Fire Station Planning Committee Approval Concept Model and Set Design: Bob Watson made a presentation for retaining the previous three bay plan. Stan Mrosak made a presentation proposing a reconsideration of the size of the building, with two bays rather than three bays with no drive-through facilities. Ervin Kilstofte, Architect, described the building as planned. Glen Olson discussed the two bay verses the three bay concept. MOVED by Anderson, seconded by Stockman and carried to approve the concept model as presented to include the three bays. Public Hearing Housing & Community Development Block Grant (2nd Public Hearing): Mayor Hoover stated this was the second public hearing regarding Housing and Community Development Block Grant and opened the meeting for public input for persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their opinions. Mayor Hoover closed the public hearing. MOVED by Anderson, seconded by Johnson and carried to approve the recommendations of the Housing and Community Development Commissions for the allocation of funds under the Community Development Block Grant up to $150,000 for land write-down for senior citizens in the Valley Square Area and $16,000 for comprehensive planning and community development. Public Hearing P.U.D. R -B Concept 5800 St. Croix Ave. (PH Closed 12/19/77): Jody Sehlin, Planning Commission Chairperson, made the presentation to the Council regarding the four specific concerns of the Council: height, setback, traffic planning, and Management Plan. Jody Sehlin stated that the Planning Commission after discussing the concerns at their January 23, 1978 meeting recommended denial. MOVED by Johnson, seconded by Anderson and carried to re -open the Public Hearing for a period of 30 minutes. Mayor Hoover voted nay. Mayor Hoover then opened the meeting for persons present to express their opinions. Proponents - Tom Horte, Architect, reviewed the changes that have taken place in the building plans. Building Height - The Current proposal is for a five story building containing the same amount of units - which is 100. 1 Regular Meeting of the City Council - February 6, 1978 Public Hearing P.U.D. #1-B Concept 5800 St. Croix Ave. (PH Closed 12/19/77): (cont) Setback - The structure now has a front yard setback of 60'. The green area off the parking lot is the same as the previous plan; however, there is room for adjustment to provide more landscaping. Lot Size - Has been increased to 3.14 acres containing a density of 31.2 units per acre. Landscaping and activity occupy 62.3% of the site. Management Plan - Discussed specifics of the Management plan. The following citizens were present and stated concerns against the proposal. Victor Harris, 6055 Wolfberry Lane Jim Culhane - 1430 Yosemite Ave. N. William Kreber - 1500 Yosemite Ave. Olaf Aho - 5631 St. Croix Ave. Annette May - 1530 Yosemite Ave. N. Jason Cervantes - 1626 Welcome Ave. Elsie Kline - 1415 Yosemite Ave. J.M. Pearson, 1601 Xenia Ave. N. Mary Gibson, 5066 St. Croix Ave. Mayor Hoover then closed the public hearing. MOVED by Thorsen, seconded by Stockman and carried to give concept approval of accept the height as most recently proposed, which is five stories, as well as the location of the building which now has a 60' setback, subject to the following restrictions: 1) that there should be an endeavor to separate the residential parking from the visitors parking, 2) that an agreement be worked out with Benson Orth & Associates regarding snow plowing and access to the North parking lot including overflow parking 3) landscaping plan to be improved with particular emphasis to shelter the residential neighborhood to the South. Councilmember Johnson voted nay. Waiver of Platting 5060 Alfred Road & 1245-1301 Angelo Drive: Jon Westlake reviewed the January 23, 1978 Planning Commission minutes approving the request. Mayor Hoover opened the meeting for public input and persons present were given the opportunity to express their opinions thereon. Mr. Hovden, property owner was present. Regular Meeting of the City Council - February 6, 1978 Waiver of Platting 5060 Alfred Road & 1245-1301 Angelo Drive: Mayor Hoover closed the public hearing. MOVED by Johnson, seconded by Anderson and carried to approve the waiver of the Platting Ordinance as follows: PARCEL 1 - 1245 Angelo Drive Lot 2 together with the East 60 feet of the South 104 feet of Lot 3 Block 1 Hovden's Addition. PARCEL 11 - 1301 Angelo Drive Lot 1 and Lot 5 together with the West 60 feet of the North 35 feet of Lot 3 Block 1 Hovden's addition. PARCEL III - 5060 Alfred Road Lot 4 together with the South 104 feet of the West 40 feet of Lot 3 Block 1 Hovden's Addition. Walter Kost, Chrm. of BZA Re: Resignation from Board of Zoning Appeals: MOVED by Johnson, seconded by Stockman and carried to receive and file the letter of resignation from Walter Kost and request that the Mayor send a letter of thanks for his may years of service. Request for Valley Square Report Action - Bob Levin: Bob Levin, Chairperson of the Valley Square Commission, spoke on four concerns and requested action taken on them. 1. Authorization to hold public informational meetings. 2. Deadline for public input. 3. Impose a moratorium 4. Postpone construction of pedestrian bridge. Brent Sorlien, 1001 Quebec Ave. N. - Expressed a concern that informational input on the Report should come from the Rhode Island Residents also. George Mokler, 823 Rhode Island - Representing Rhode Island Residents requested the Council to come to some decision within 90 days. MOVED by Johnson, seconded by Thorsen and carried to approve in concept and authorize the Commission to hold informational hearings to occur within a period of two months and authorize the expenditure of $750.00 for committee expenses for these meetings. L� 1 Regular Meeting of the City Council - February 6, 1978 Request for Valley Square Report Action - Bob Levin:(con't) MOVED by Anderson, seconded by Johnson and carried to bring on the table for first reading an ordinance amending the City Zoning Code entitled: AN ORDINANCE AMENDING THE ZONING CODE (By providing a moratorium on development in the Valley Square Area) MOVED by Thorsen, seconded by Johnson and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the members were recorded as voting as follows: ANDERSON - YES HOOVER - YES STOCKMAN - YES JOHNSON - YES THORSEN - YES MOVED by Anderson, seconded by Stockman and carried to bring on the table for second reading an ordinance amending the City Zoning Code entitled: AN ORDINANCE AMENDING THE ZONING CODE (By providing a moratorium on development in the Valley Square Area) MOVED by Stockman, seconded by Thorsen and carried that based upon reasons stated for clarification and eliminating indecision and confusion among the public as to the starting period, approve on second reading. Upon roll call vote the members were recorded as voting as follows: ANDERSON - YES HOOVER - YES STOCKMAN - YES JOHNSON - YES THORSEN - YES Petition - RSL #84 Street Lights - Elmdale Road (PH 3/6/781: Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 84 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, Johnson, Stockman 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 d_. 23 Z 4 Regular Meeting of the City Council - February 6, 1978 Petition RSL #86 Lamplighter Estates (PH 3/6/78): Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 86 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 J �. Request fill permit area South of Plymouth Avenue East of Boone: Lowell Odland, City Engineer, stated reasons for fill permit and the only stipulation is that they conform to the plan as submitted and that a time limitation be, put on the fill permit. MOVED by Johnson, seconded by Thorsen and carried to grant a two week fill permit subject to the grading plan submitted to the Staff and subject to Staff cancellation. MOVED by Stockman, seconded by Johnson and carried for approval waiving the noise ordinance to permit work during evening hours for a two week period subject to Staff cancellation based upon citizen complaints. Rhode Island Avenue Residents Re: Valley Square Report: MOVED by Anderson, seconded by Johnson and carried to receive and file the letter from the Rhode Island Residents. 1978 Community Health Services Agreement: MOVED by Thorsen, seconded by Johnson and carried to authorize the Mayor and City Manager to enter into agreement with Hennepin County for the purpose of receiving Community Health Services Act subsidy funds. Bid Opening 1-12-78 11:00 a.m. Playground Equipment: Assistant City Manager presented the bids and recommended the awards to Miracle Equipment Co. and the Game Time, Inc. MOVED by Thorsen, seconded by Johnson and carried to award the bids of the Whirl 10' Earthtone and the Timber Play Center to Miracle Equipment Company and the Timber Slash Proof Belt Swing (3) and the Timber Slash Proof Tot Bucket Swing (3) to the Game Time, Inc. for a total price of $6,139.34. Regular Meeting of the City Council - February 6, 1978 Bid Opening 1-19-78 11:00 a.m. Pedestrian Bridge: Mr. Chuck Weichselbaum, Representing the Commissioner of Transportation, presented the bids and the Assistant City Manager recommends award to the lowest bid, Paul A. Laurence Company. Member Anderson introduced and read the following written resolution and moved its adoption: RESOLUTION (Concurring and awarding the bid for the construction of the Pedestrian Bridge over T.H. 55 to Paul A. Laurence Company) 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, Thorsen and the following voted against the same: Johnson and Stockman , whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. See Resoluton Book page Consultant Report on Development Possibilities Hwy. #55 & Theodore Wirth Parkway: Greg Luce, Consultant from Professional Management Services, gave a presentation. MOVED by Johnson, seconded by Stockman and carried to set a Public Hearing for March 6, 1978 for the formation of HRA. MOVED by Thorsen, seconded by Johnson and carried to receive and file the report from Professional Management Services, Inc. and approve Area C for further planning. Extension of Agreement Between Golden Valley & YMCA of Metropolitan Minneapolis: MOVED by Johnson, seconded by Anderson and carried to authorize the Mayor and City Manager to enter into the agreement with the YMCA for the Detached Worker at the sum of $18,000.00. 1978 Tree Trimming Bid Award Quotations: Assistant City Manager presented the quotes received and recommended the award to the low bid Tri-State Tree Service in the amount of $3,220.00. Quotes were received as follows: Bid Opening Amount Contract Amount Tim's Tree Service $3,468.00 $3,468.00 Todd's Tree Service 5,850.00 5,850.00 Tri-State Tree Service 3,220.00(less 10% if 3,220.00(less 10% paid within 30 days) if paid within 30 days) Regular Meeting of the City Council - February 6, 1978 1978 Tree Trimming Bid Award Quotations (con't): MOVED by Thorsen, seconded by Johnson and carried to award the tree trimming contract to Tri-State Tree Service as low quote. Call Public Hearing Vacation Vermont Ave. (PH 3/6/78): MOVED by Thorsen, seconded by Johnson and carried to set a public hearing for vacation of Vermont Ave. for March 6, 1978. Call Public Hearing Vacation of Flag Avenue South of T.H. #55 (PH 3/6/78): MOVED by Johnson, seconded by Thorsen and carried to set a public hearing for a Vacation of Flag Avenue South of T.H. #55 for March 6, 1978. Call Public Hearing Vacation of Flag Avenue North of Plymouth Avenue (PH 3/6/78): MOVED by Anderson, seconded by Thorsen and carried to set a public hearing on the vacation of Flag Avenue North of Plymouth Avenue for March 6, 1978. Permit application D.N.R. to work in Bassett Creek - 2241 Lee Avenue North: MOVED by Johnson, seconded by Anderson and carried to submit a permit application for D.N.R. work in Bassett Creek and a transfer of funds for this clean-up in Bassett Creek of $4,000.00 from Contingency to the Bassett Creek Flood Control Commission Fund. MOVED by Johnson, seconded by Anderson and carried to concur with the Bassett Creek Flood Control Commission recommendation regarding the permit application for work at 2241 Lee Avenue North. MOVED by Johnson, seconded by Anderson andcarried for the transfer of funds for clean-up of Bassett Creek East of Noble Avenue from contingency to the Bassett Creek Flood Control Commission Fund. MOVED by Anderson, seconded by Johnson and carried that it is Golden Valley's position that any additional maintenance on the creek be part of the management package rather than a responsibility of the community and that we send a letter to the Commission informing them of this. Resolution Creating T.H. #12 Improvement Study Task Force: Member Johnson introduced and read the following written resolution and moved its adoption: RESOLUTION (Establishing T.H. #12 Improvement Task Force) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 L0 4. Regular Meeting of the City Council - February 6, 1978 Appointment to the Senior Community Center Task Force: MOVED by Johnson, seconded by Thorsen and carried to appoint Daniel Oukrop, Douglas R. Hoelscher, David Kahn, Joseph Burgess, James K. Kelly, Stanley V. Tabor and Frankie Francel to the Senior Community Center Task Force. Appointment to the Civil Service Commission: MOVED by Stockman, seconded by Johnson and carried to approve the Mayor's appointment of Dr. John Taborn to the Police Civil Service Commission for a three year term expiring on December 31, 1980. Appointment to the Dutch Elm Ad Hoc Committee: MOVED by Johnson, seconded by Anderson and carried to appoint Major Tom Jackson and Orion Benson as citizens at large and Burton Brown as Park and Recreations Commission's representative on the Dutch Elm Ad Hoc Committee. Adjournment: MOVED by Johnson, seconded by Anderson and carried tom' urn at 1:50 p.m. to reconvene on Thursday, February 9th for the Council,4or esg3o�. 1 ATTEST: ACTING COUNCI SECjCEkARy 1 ROBERT R. HOOVER, MAYOR 27