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02-03-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL February 3, 1975 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 February 3, 1975 at 7:30 o'clock P. M. The following members were present: Anderson, Bix, Moberg and Riggs; the following were absent: Hoover. Present were: City Manager, Barkley G. Omans; City Attorney, Robert Skare; City Engineer; Lowell Odland; Acting City Clerk, Carol LeVesque. Minutes of Special Meeting of January 15; Regular Meetin?,of January 20; Continued Meeting of January 21, 1975: MOVED by Moberg seconded by Anderson carried to accept the minutes of Janu- ary 20, 1975 as amended, and the Continued Meeting of January 21, 1975. MOVED by Anderson seconded by Moberg carried to accept the minutes of the Special Meeting of January 15, 1975 as submitted. Eward Dairy Lot Use: Mr. Bob Hosp from Ewald Dairy was present with a copy of the proposed Agreement regarding the use of the parking lot and the noise problem creat- ed by the trucks. He informed the Council that the firm is planning on re- locating to an industrial park in another part of Minneapolis, but there has been no date set at present. Mr. Hosp requested 49,004 be set for medium-sized trucks and asked permission for semi -trailer trucks to drive through the parking lot in order to make the turn into the loading area more easily. (Councilman Hoover arrived at the meeting at this point - 8:20 P.M.) Mayor Riggs questioned Mr. Hosp regarding a date when Ewald's could meet all the terms of this agreement and was told it would possibl.ey be May. The Mayor then opened the meeting for public hearing and residents present were given the opportunity to express their views on this matter. Melvin Erickson of 1812 York Avenue North said there were no trucks on the parking lot years back because that area was residential. Complained about the trucks parking there now and said the noise at night wakes tip the people in that area. Leonard Jensen, a former employee of Ewald's, said that when he worked there in 1936 that the lot was used for a general purpose lot and that trucks were always there. Anthony Critelli, 3009 Golden Valley Road, called the parking lot a "truck terminal". He said the school children have to play around the trucks while waiting for their bus. He said there were no trucks parked there until about 1973. Regular Meeting of the City Council, February 3, 1975 MOVED by Bix that the City Attorney be instructed to take legal action to prevent use of the land in question except conforming to legal use. There being no second, the motion died. MOVED by Anderson that the City Attorney be instructed to enter intothe Agreement by negotiating modifications that have been discussed this evening. Seconded by Hoover. Motion carried with Bix dissenting. The Council agreed to Mr. Hosp's request for 49,000 pound truck size and would permit the semi -trailer trucks to'drive through the parking lot in order to negotiate the turn into the loading area. Council will also consult with a noise testing laboratory to find out what acceptable noise levels would be. Request for. Sidewalk - Medicine Lake Road: The City Engineer presented the request for sidewalk and the signed peti- tion to the Council. MOVED by Moberg seconded by Hoover carried that the request for sidewalk on Medicine Lake Road between Ensign and Orkla Drive be placed on the 1975 Sidewalk Program. The public hearing will be set for March 3, 1975. Request from Boulevard Cafe re: Change 3n Hours - Harold Lynch: Harold and Robert Lynch from the Bouleward Cafe appeared before Council to request permission to open their establishment earlier than the ord- inance permits in order to serve breakfast at 7:00 A.M. MOVED by Anderson seconded by Hoover that the ordinance be amended by adding the following wording: "except that breakfast service may be commenced at 6:00 A.M., in the dining room area". Carried unanimously. MOVED by Bix seconded by Hoover carried to give a first reading to an ordinance entitled: AN ORDINANCE AMENDING THE CITY CODE (Intoxicating Liquors - Regulating Hours of Sale and Closing of Premises) MOVED by Bix seconded by Hoover carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote being taken thereon, the members were recorded as voting, as follows: Anderson YES Hoover YES Bix YES Moberg YES Riggs YES Northern States Power re: Rate Schedules: MOVED by Bix seconded by Moberg to receive and file the rate schedules received from Northern States Power for Council information. Carried. Regular Meeting of the City Council, February 3, 1975 Paul B. Olson - Private Road Snow Plowin Mr. Paul B. Olson was present at the meeting to inquire why the City was no longer plowing Bonnie Lane. The City Engineer informed Mr. Olson that the City has eliminated plowing private roads. The Manager passed out maps to the Council members showing the area and explained that Council had refused to accept a plat on this property a number of years ago and the Planning Commission had deferred action on a waiver of. the Platting Ordinance. There is no public street existing there, nor can there be a public street across Minneapolis park property. MOVED by Anderson seconded by Hoover carried that the City extend and authorize plowing of Bonnie Lane for the next sixty days; that Mr. Olson work towards getting this street accepted on a platting waiver making it a public street; that unless an ultimate solution is reached by July that notice will be given next winter that the street will not be plowed by the City. MTC Re: Transit Option Commission: MOVED by Anderson seconded by Bix carried to receive and file the letter from the MTC. License List: MOVED by Moberg seconded by Hoover carried to approve the License List, as follows: NO. Licensee Type Fee 3238 E. & E. Auto Service - 6980 Wayzata Vend. NP $ 7.50 3239 E. & E. Auto Service - " of Filling Sta. 25.00 3240 E. & E. Auto Service - " It Cigarettes 12.00 3241 R. Luther GMC Truck Home Center Itin. Food 12.00 3242 Golden Valley Merchants' Association Itin. Food Exempt 3243 Arthur Treacher's Fish & Chips Food Estab. 25.00 uotations - Fire De t. E ui Ment: The Manager presented quotations received on Fire Department equipment as follows: Oswald Minn. Coyer Minn. Item Fire Fire and Fire No. Item 0want. Hose Inc. Assoc. Equi 1. MSA Fresh Air Masks 4 - 1,494 7,680 2. Pump Ca.:as 12 - 954 780 900 3. Smoke Ejector - 5000 CFM 1 - 289.95 255 285 -4. Plastic Hose - 2" 500' 635 - 635 - 5. Plastic Hose - 4" with 1/4 turn couplings 500' 1,295 - 1,275 - 6. Circle "D" Floodlights 2 - 129.80 1.36 134 7. Mars "888" Revolving 1 - 272 199 239 Light 1 1 Regular Meeting of the City Council, February 3, 1975 Recommendation was made by the Manager to award the bids to the following: Item 1 and 6 be awarded to Minnesota Fire Incorporated in the total amount of $1,623.80 Items 2,3,4,5 and 7 be awarded to C. F. Cover and Associates in the total amount of $3,144 MOVED by Bix seconded by Hoover carried to make the above awards based on the. Manager's recommendation. uotation - Fire Ladder Alarm: The Manager presented a quotation from Hayder-Murphy Equipment Company in the amount of $1,260.00 for the furnishing and installation of a "Sigalarm" warning device for the 100' aerial ladder. This is the only company that can supply this type of safety equipment. Recommendation was made by the Manager that the equipment be purchased from Hayden -Murphy Equipment Company in the amount of $1,260.00. MOVED by Hoover seconded by Moberg carried to make the award to Hayden -Murphy Equipment Company based on the recommendation of the Manager. Scott Avenue Storm Sewer Resolution: Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (County Ditch 18, Scott Avenue Storm Sewer) The motion for the adoption of the foregoing resolution was duly seconded by Hoover and upon vote being taken thereon, the following members voted in favor thereof, faith the stipulation that it come up on the Agenda of the second meeting in March: Anderson, Bix, Moberg, Hoover and Riggs; 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 Resolutions Book page. Resolution Authorizing Purchase Rozman Property: The Manager presented the matter of the purchase of. the Rozman property and requested Council to pass the resolution authorizing such purchase. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Acquisition of Certain Property by Purchase - Rozman Property) The motion for the adoption of the foregoing resolution was duly seconded by Bix and upon vote being taken thereon, the following members voted in favor thereof: Anderson Bix, Hoover, Moberg and Riggs; the following (see next page) Regular Meeting of the City Council, February 3, 1975 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 Resolutions Book page /S MOVED by Moberg seconded by Rix carried to transfer $11,200 from the Con- tingency Fund to 1975 Budget Trail and Open Space Fund. Resolution Authorizing, Purchase Coyne Prnperty: The Manager presented the matter of the purchase of the Coyne property and requested Council to pass the resolution authorizing such purchase. Member Anderson introduced the following resolution and MOVED its adoption: RESOL UTTON (Authorizing acquisition of certain Property by Purchase - Coyne Property) The motion for the adoption of the foregoing resolution was duly seconded by Hoover and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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 Resolutions Book page iLp . MOVED by Hoover seconded by Bix carried to transfer $20,800 from the Contin- gency Fund to 1975 Budget Trail and Open Space Ftmd. Resolution - ASAP Agreement: The Manager presented the ASAP Agreement on the request of the Acting Public Safety Director and asked Council approval of a resolution authorizing this Agreement. Member Bix introduced the following resolution and MOVED its adoption: RESOLUTION (Authorizing Mgreement with Department of Public Safety, State of Minnesota for Alcohol Safety Action Program) 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, Bix, Hoover, Moberg and Riggs; the following voted against the same: None; whereupon said resolution was declared duly passed and adopted with the stipulation that our participation is based on officers volunteering to work this type of service on straight -time pay only. Said resolution was signed by the Mayor and his signature attested by the City Clerk. See Resolutions Book page 12 Resolution - LEA Joint Grant: The City Manager explained to Council that the Metropolitan Managers, as a group, are circulating a request for a joint grant in order to attempt to qualify for funds for validating a test for police patrolman under the Equal Opportunity Guid4ines. 1 1 Regular Meeting of the City Council, February 3, 1975 Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Support of Police Selection Standards Study by the Metropolitan Area Management Association) The motion for the adoption of the foregoing resolution was duly seconded by Hoover and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; the following voted againstthe same: None.; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolutions Book pager. Member Anderson also requested that copies of the request and the resolu- tion be sent to John N. Mitchell,, President of the Police Civil Service Commission. Resolution of Sponsorship - Crime Prevention Unit (7-1-75 - 6-30-76): The Manager presented the matter of the request of the Public Safety De- partment for a resolution of the Council authorizing submission of an appli- cation for funding of. the Crime Prevention Unit. Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Sponsorship of Crime Presention Unit - LEA Grant) The motion for the adoption of the foregoing resolution was duly seconded byHoover and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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 Resolutions Book page _ 19 WaiverofPlatting Ordinance, 6001 Glenwood Avenue, Harry Hamman: Harry Hamman was present to request a waiver of the platting ordinance so that he could divide his property into two parcels. Katharine Hakala appeared for the Planning Commission. She stated that the Platting Ord- inance requires a minimum of 10% of the gross area being sub -divided be dedicated and she felt this 10% should be taken at this time. She also asked that "residential" zoning be given this parcel. - it is presently zoned "open". Mr. Hamman has sold property to Mr. Brian Bennett but has not been able to give him a marketable deed. In return, Mr. Bennett could not provide a marketable deed for a potential sale to Mr. Richard Neslund. Also present was Mr. Robert Brian representing Mr. Bennett in this matter. Mr. Burt Brown, Park Board representative also appeared and noted that the propos- ed trail would skirt the edges of the two properties. Both Glen Eiden, Regular Meeting of the City Council, February 3, 1.975 345 Brunswick Avenue South, and Lowell Swanson, 245 Brunswick Avenue South, both remarked that they felt the whole area should be a total parcel. Lowell Odland told the Council that he would like to have a standing policy that all the residents would be notified of waivers in the future. MOVED by Hoover_ seconded by Anderson carried to grant the waiver of the Platting Ordinance subject to the dedication of 35' on the south side of the property along Laurel Avenue to the City for street right-of-way and an additional 1.352 acres adjacent to the dedicated 35' for open space. Request for Public Hearing - Rezoning Five Parcels Hamman/Minder Property South of Glenwood Avenue: (3/17/75) The City Manager designated the following five parcels which will be re- zoned from Open Development to Residential.: (1) The parcel along the railroad; (2) The Minder Parcel; (3) The Bennett Parcel; (4) The Hamman Parcel; (5) The Turner. Parcel. MOVED by Anderson seconded by Hoover carried to call a public hearing to rezone the, above listed five parcels as designated by the City Manager on March 17, 1975. Request for Public Hearing - Rezoning Rozman/Coyne Property North of Laurel Avenue - 3/17/75: The City Manager requested Council to call a public hearing to rezone the R.ozman/Coyne property from Open Development to Institutional I-4. MOVED by Anderson seconded by Hoover carried to call a public hearing to rezone the Rozman/Coyne property north of Laurel Avenue from Open Develop- ment to Institutional I-4, on March 17, 1975. 1975 Sidewalk Program and Call for Public Hearing (3/3/75): The City Engineer showed a map and pointed out the proposed areas of the pro- posed concrete walk construction according to first, second and third priority. The City Manager explained about the berms by Vallee D'or and also recommended that Council set this matter for hearing. Council discussed area to be included in the 1975 sidewalk construction program and agreed on the following areas: On the South side of Medicine Lake Road from Ensign Avenue North to Ork.la Drive. On the West side of Douglas Drive from St. Croix Avenue to Golden Valley Road. continued: 1 Regular Meeting of the City Council, February 3, 1975 On Medicine Lake Road from Rhode Island Avenue North to Winnetka Avenue North. Miscellaneous Pedestrian Ramps on the West Side of Douglas Drive from St. Croix Avenue to Medicine Lake Road. On the West Side of Winnetka Avenue from Trunk Highway 55 to Harold Avenue. MOVED by Bix seconded by Moberg carried that the City Engineer's proposal for the 1975 Sidewalk Program be accepted and to set the Public Hearing for March 3, 1975. Status Report re: New Hope/Golden Value Interceptor Sewer: The Engineer reported that the Environmental Statement had not been received to date. Call Public Hearing - Inst. to B & PO - 5000 Glenwood Ave. (3117175): The Manager presented this matter to Council and requested a motion of. the Council to set this hearing. MOVED by Hoover seconded by Moberg carried to call a public hearing to re - sone the property at 5000 Glenwood Avenue from Institutional to Business and Professional Office on March 17, 1975. Planning Commission Minutes - January_ 13, 1975: MOVED by Anderson seconded by Hoover carried to receive and file the Plan- ning Commission Minutes of January 13, 1975. Board of Zoning Appeals Minutes - January 14, 1975: MOVED by Anderson seconded by Hoover carried to receive and file the Board of Zoning Appeals Minutes of January 14, 1975. Environmental Commission Minutes - January 13, 1975: MOVED by Anderson seconded by Hoover carried to receive and file the Environmental Commission Minutes of January 13, 1975. Park & Recreation Minutes - January 30, 1975: Open Space Minutes Jan- uary 15, 1975: MOVED by Moberg seconded by Anderson carried to receive and file the Park & Recreation Minutes of January 30, 1975 and the Open Space Min- utes of January 1.5, 1975. Recommendation re: Trail Contract: Mr. Burt Brown of the Park and Recreation Commission was present and recommended to Council that they accept the low bid of $19,125.00 from Bituminous Construction Company, Inc. He feels this is not out of line and that the Safety Council had reviewed this and saw no special. concern Regular Meeting of the City Council, February 3, 1975 regarding safety. The Manager mentioned that if this bid were not accepted that the City would have to readver.tise. John Brenna, Park Director, was also present at the meeting. Member Bix inquired about the safety factor with the trail running along the roadway, that it was of grave concern to him. MOTION by Moberg to go ahead with the limestone chips as originally planned on Golden Valley Road in accordance with the bid of 12/2/74, by the Bitumin- ous Construction Company, Inc., for $19,125. Seconded by Hoover. Riggs and Bix voted no, Anderson abstained. Motion defeated. MOVED by Anderson seconded by Hoover carried that the Engineer be authorized to prepare a cost estimate on this trail segment from Noble Avenue east for bituminous and from Douglas to Noble with concrete and bituminous. Cost estimate is to include 2' off the roadway. Member Bix voted no. Liquor Use at Htookview: Representatives of the Park Commission were present with recommendations against modifying the ordinance to permit the use of alcohol at Brookvies,, and members of the staff also were against public use of the facilities for affairs including the use of alcohol. MOVED by Hoover seconded by Anderson carried to accept the recommendation of the Park Board banning the use of alcohol at Brookview premises and to enforce the ordinance prohibiting use of alcohol on park property. Members Moberg and Bix voted against the motion but it carried 3 to 2. Designation of Official Paper: Member Moberg introduced the following resolution and MOVED its adoption: RESOLUTION (Designating the Official Newspaper) The motion for the adoption of the foregoing resolution was duly seconded by Hoover and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; 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 Resolutions Book Bills and Claims: MOVED by Hoover seconded by Moberg carried to pay the bills as submitted on the prelist. Adiournment: MOVED by Hoover seconded by Moberg carried to adjourn the meeting at 12:35 A. M. Regular Meeting of the City Council, February 3, 1975 i Attest: Deputy City Clerk �1 1 Mayor