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02-18-75 City Council MinutesREGULAR MEETING of the GOLDEN VALLEY CITY COUNCIL February 18, 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 18, 1975 at 7:30 o'clock P.M. The following members were present: Anderson, Bix, Moberg, Hoover and Riggs. Also present were: City Manager Barkley G. Omans; City Attorney Robert Skare; City engineer Lowell Odland and Acting City Clerk Carol. LeVesque. Minutes of Regular Meeting of February 3 and Speci_al_Meetinp of February 4, 1975: Member bix asked that the two motions at the bottom of Page 22 of the February 3rd minutes he corrected to show that he voted "No" on both of them rather than "Abstained". MOVED by Bix seconded by Moberg carried to approve the minutes of the Feb- ruary 3, 1975 meeting as corrected. MOVED by Anderson seconded by Hoover carried to approve the minutes of. the February 4, 1975 meeting as submitted. Second Reading Ordinance. Amending Closed Hours for Restaurants Serving Liquor: MOVED by Anderson seconded by Bix carried to give a second 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 quot- ed by title on its second 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 io1, Ewald Dairy Agreemtent: The City Attorney informed the Council that each and every one of the points that had been brought up at previous meetings had now been incorporated into the Agreement before them which he had been authorized to prepare. The City Health Inspector., Tom Heenan, was present to answer questions regarding the noise level set by the Minnesota Pollution Control. Agency. Member Moberg also requested that in Section 6 on Page 4 of the Agreement that the language: "as soon as reasonably possible from the date hereof" be amended by the Attor- ney to include the phrase "but not later than June lst of 1975". This change will be made in the Agreement. nn '611. 61i Regular Meeting of the City Council, February 18, 1975 The Mayor announced that anyone in the audience with an interest in this matter would be given an opportunity to express their views at this time. Mr. Tony Critelli, 3009 Golden Valley Road, and Mr. Jay Golfus of 1814 York Avenue North, expressed the feeling that the Agreement was satisfactory to them except that it lacked a Sunday restriction on trucks. Mr. Bob Hosp of the Ewald Company said that Ewald's would agree to a restriction on the trucks on Sundays. Mr. Critelli also inquired where the fence would be located and was told that there would be a fence between every residential lot and the parking lot to cut down on the noise. The City Manager informed the Council that for monitoring noise levels he had checked with consultants and had been given an estimated figure of $800; that it would cost the City about $700 to purchase equipment if they wished since the PCA does not furnish this type of service. If a violation occured, the City would have to make an expenditure of some kind. Mr. Hosp stated that the PCA had offered to assist Ewald's by bringing out a monitor during the day to determine the noise level.. Residents were told by the Mayor that if they felt there were violations of the noise level that they could call the Mayor, Manager or the Health Inspector and report the matter. MOVED by Moberg, seconded by Anderson, for approval of. the Agreement between the City of Golden Valley and Ewald Bros., Inc., with the addition of the restriction on Sundays and the insertion of the June 1, 1975 deadline for the erection of the fence; that the Mayor and City Manager be authorized to. sign said Agreement. Members Anderson, Hoover, Moberg and Riggs voted in favor of the motion; Member Bix voted against the motion and stated he does not think it is in the interest of the City or the neighbors and that it is not a legal use. Motion carried. Public Hearing - Citizen Input re: Community Development Funds: Mayor Riggs explained that the law requires that two public hearings be held on this item so the public can appear and give input. Mr. Jeff Sweet, Admin- istrative Assistant, was present and informed Council that the City is still uncertain that it will receive these funds. The projected allocation has been whittled down to $38,000. The Mayor announced that the public hearing was open and invited any residents who wished to come forward and speak at this time. There being no one present on this item, the Mayor closed the public hearing and announced that there would be another hearing on next Monday, February 24th. Continued Public Hearing - Flood Plain Ordinance: MOVED by Anderson seconded by Hoover carried to give a second reading to an ordinance entitled: AN ORDINANCE PROVIDING FOR FLOOD PLAIN ZONING: DESIGNATING FLOOD PLAINS IN OR ABOUT BASSETT'S CREEK: REGULATING THE USE AND DEVELOP- MENT THEREOF: ESTABLISHING FLOOD PLAIN ZONES AND A FLOOD PLAIN MANAGEMENT PROGRAM WITHIN THE CITY OF GOLDEN VALLEY Regular Meeting of the City Council, February 1.8, 1975 The following motions refer by item number to the Attorney's memorandum on the Flood Plain Ordinance: 1. MOVED by Anderson seconded by Hoover carried to add the following wording to the second sentence of Section 1.6.50, Subdivision 2 (2): "Computation of increases in flood heights caused by an encroachment shall he based on the assumption that there will be an equal degree of encroachment on both sides of the stream extending for a significant reach". 2. MOVED by Bix seconded by Moberg carried to add to Section 16.60, Subdivis- ion 2 (c): '".... trails, nature preserves and fishing areas". 3. MOVED by Anderson seconded by Hoover carried to approve the second sentence of Section 16.70, Subdivision 2 (d) to read: "Protection to the regulatory flood protection elevation shallbe provided where failure or interruption of these public facilities would endanger the public health or safety or where such facilities are essential to the orderly functioning of the area". 4. MOVED by Anderson seconded by Bix carried to add to Section 16.70, Sub- division 2, another sub -paragraph (e) which would read as follows: "(e) Suns. Signs and signals delineating or accessory to parks, trails and other permitted uses as described above in this subdivision". 5. MOVED by Bix seconded by Anderson carried to approve Subdivision 2, as follows: "Certification of Non -Conforming Uses. The Administrator shall prepare a list of those uses which were lawful before adoption of this ordinance and shall certify to the owners of any such structures and/or premises that their properties were and are a legal non -conforming use which may be continued subject only to the provisions of this section". 6. MOVED by Bix seconded by Anderson carried to approve adding to Section 16.150, Scubdivi.sion 3, the following: "Subdivision 3, Public Nuisances. Uses or adjuncts thereof which are or become public nuisances shall. not be entitled to continue as non -conforming uses". 7. No motion was called for on this item as Council accepted it as written into the ordinance. 8. MOVED by Bix seconded by Hoover carried to approve adding the following to Section 16.90, Subdivision 1: "The Board may issue variances to this ordinance (and the City Council may permit any consequent modification of the subdivision regulations of this City as might be necessitated thereby) when all of the following conditions are met: (a) Because of the unique topography or other conditions of land involved a literal ap- plication of the provisions hereof would impose undue hardship; and (b) conditions are attached that assure compliance with the requirements of this ordinance insofar as practical; and (c) the purpose and intent of this ordinance are observed; and (d) there is no increase in the flood hazard or flood damage potential and to this end no variance shall. per- mit a lower degree of flood protection than the regulatory flood protect- ion elevation for the particular area". Regular Meeting of the City Council., February 1.8, 1975 The Mayor announced that the public hearing was open and invited om►one who wished to speak on this item to do so at this time. An unidentified resident asked the City Attorney why the language in this ordinance differed from the language in the State ordinance. The Attorney explained that this ordinance was not prepared by this Council or staff but that the Bassett's Creek Flood Control Commission and they had sent it to the State for approval. Katharine Hakala from the Planning Commission asked if this ordinance would affect the new proposed plat for Ring's Colonial 2nd Addition. A representative from Briarwood asked about the affect on rebuilding of buildings that are below the flood plain and was told that the proposal does provide a procedure for getting a variance. In reply to questions from residents, the City Manager explained that there are requirements under existing ordinances which a developer would have to meet and that the cost would vary considerably with the size of the area that was proposed for fill or development. The Mayor closed the public hearing. MOVED by Bix seconded by Hoover to adopt the Flood Plain Ordinance as pre- sented to the Council contingent upon the changes that were made as per the City Attorney's memorandum setting forth the seven items amending the ordin- ance; to approve the second reading thereof and to order publication in the official newspaper. Upon roll call vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Moberg and Riggs; the following voted against the same: None. See Ordinance Book page__(o�__. Calvary Lutheran Church re:_ Parki.nQ: The City Manager presented the communication from Calvary Lutheran Church and informed Council that engineering plans for a parking lot plan will be brought before them at a later date for approval. MOVED by Anderson seconded by Bix carried to accept and file the communica- tion. First Wisconsin Mortgage Co. re: Vallee D'or Moderate Income Units: Member Anderson left the Council. Chambers at this time to prevent a possible conflict of interest situation from occurring. Ron Edstrom from the Planning Commission and Katharine Hakala were present to discuss this PUD which had been approved in August of 1972. The original developer had been unable to continue with the development and First Wiscon- sin Mortgage Company now has control of It. Jeff Auslander was present as their representative and requested Council, approval of an increase in the moderate income units from the previous figure of $25,000 to the Planning Commission's figure of $34,500 which reflected the Consumer Price Index also. Regular Meeting of the City Council, February 18, 1975 MOVED by Hoover seconded by Moberg carried to accept the Planning Commission's recommendations to change the requirement of $25,000 on the moderate income units at Vallee D'or to reflect $30,000 and to add the Consumer Index Price, making a figure of $34,500 and that the four existing units be accepted as meeting the requirement for the first phase. (Member Anderson, returned to the Council Chambers at this time.) Red Lobster Inns re: Restaurant Liquor License: Red Lobster Inns is a subsidiary of General Mills and representatives were present in reference to plans for a building at the corner of Decatur and Seventh Avenues North. They notified Council that they will be seeking a liquor license. Council indicated that they were not arbitrarily opposed to a liquor license for this facility at the said location; however, they would reserve any ans- wer or judgment until all of the requirements have been met and full informa- tion and a formal application was before them. VFW Club License - 2500 Hillsboro Avenue: Kenneth Weller of the VFW was present to request a preliminary liquor license review for the Ernst property located on. Medicine Lake. Road and Hillsboro Avenue North. Council was informed that the City is unaware of any plans for construction for the VFW. Mr. Weller also stated that the VFW would have to use part of the Good Shepherd Lutheran Church parking lot if Council grants their license request. Member Hoover. asked Mr. Weller to get a letter from the church stating that they understand that the VFW Is contemplating occupying that building adja- cent to them and that the VFW will. be seeking a club liquor license for the premises and permission from the church to use part of their parking lot. Council. would also like a statement from the church regarding their position on this request. Metro Cab Company_- License Application - William Stearns: The City Manager informed Council that Mr. William Stearns had requested permission to set up a new cab company in Golden Valley. He was told to come in for taxi cab inspection on February 17th but dial not appear. He did come in on February 18th but his cab did not pass inspection. He had indicated to the Manager that he would merely request one cab license at this time with the idea of Later expanding that to other cabs. Mr. Stearns was not present at the Council meeting however. MOVED by hoover seconded by Bix carried to lay this item over indefinitely. Quotations - Public Works - Tree Trimming: Quotations were received by the Public Works Director on this item. The City Manager recommended award based on the low quote of. Tim's Tree Service. please see ne,:t page: Regular Meeting of the City Council, February 18, 1975 BIDDER AMOUNT Tim's Tree Service $4,575.00 Scanlon Tree Service & Blacktopping 5,585.00 Todd's Tree Service 4,890.00 Arbor Tree Service 4,780.00 Dev's Tree & Lawn Service 5,725.00 MOVED by Anderson seconded by Bix carried to accept the low bid on the Public Works Tree Trimming of Tim's Tree Service in the amount of $4,575.00. Proposed Changes in Fees and Chanes: Jon Westlake and Tom Heenan were present with proposed changes in the build- ing and mechanical fees; planning fees; food and liquor license fees: MOVED by Anderson seconded by Hoover carried that the staff be directed to prepare the necessary ordinance revisions to adopt the fee schedule of the Uniform Building Code and the mechanical schedule of the Minneapolis Fee Ordinance. MOVED by Anderson seconded by Hoover carried that the staff be directed to proceed with preparing the ordinances necessary to implement the planning fee changes. MOVED by Anderson seconded by Hoover carried that the staff be directed to prepare the necessary ordinance changes concerning the food, liquor and other miscellaneous licenses. The City Attorney explained to Council that each one of these items will come up as an ordinance amendment and will appear under "Public Items" at a regular Council meeting as they are prepared. Quotations - Park Tractor Cab & Broom: Quotations were received by the Park and Recreation Director on this item, The City Manager recommended award to Minn. Wanner Co., based on a new cab and modification of the existing broom. Quotations were as follows: Name New Cab New BroomInstallation Modify Exist- & Delivery ing Broom Valley Equip. Co. $1,063.00 $1,796.00 $ 808.00 0 Minn. Wanner Co. 1,019.17 2.,950.00 Included $1,900.00 Harvey's Sales & Service 2,250.00 0 0 0 MOVED by Bix seconded by Anderson carried to accept the low bid on the Park Tractor Cab & Broom of Minnesota Wanner Company of $1,0..9.17 on a new cab and to modify the existing broom frame with all new running equipment at $1,900. Regular Meeting of the City Council, February 18, 1975 Memo re: CSO Rates: The City Manager presented a proposed CSO rate increase proposal from the Acting Public Safety Director. MOVED by Bix that the Council raise the CSO rate as recommended by the Acting Public Safety Director. Motion failed due to lack of a second. January 1975 Budget Report: MOVED by Moberg seconded by Hoover carried to accept and file the January Budget Report. Special Use Permit - Wendy's Restaurant (East of the Point): Ron Edstrom was present at the meeting and presented the Planning Commission's report on Wendy's Restaurant, dated January 13, 1975, at which meeting the proponents (C & C Investment Corporation) applied for a "special use" permit The Planning Commission recommended denial of the permit, stating that the proposed development did not agree with the Comprehensive Plan and would bring significant additional traffic congestion and traffic hazards to the area. Mr. Edstrom then reviewed for the Council the evidence considered by the Planning Commission and presented by the proponent concerning the amount of traffic the proposed special use would generate. The President of the C & C Investment Corporation was also present and gave a detailed presentation of their proposed type of service and the property that would be involved. MOVED by Anderson seconded by Moberg that the Council deny the special rise permit based upon the recommendation of the Planning Commission at their meeting of 1/13/75 and upon the Council's own findings that the proposed special use would, if allowed, generate significant traffic hazards and traffic congestion, noise and glare which would adversely affect both the immediate subject area and the adjacent residentially zoned properties. Upon roll call vote being taken on the above motion, the members were recorded as voting as follows: Anderson YES Hoover YES Bix YES Moberg YES Riggs NO Motion carried 4 to 1. MOVED by Anderson seconded by Moberg carried to request the Planning Com- mission, with the help of its consultant, to prepare a recommendation to the Council specifying the total area to be studied in -the vicinity of the Civic Center; to also investigate and make a recommendation on a possible morator- ium on development within that area for a specified development period of time or until a development policy is established. Informal Hearing - Golden Valley/New Hove Interceptor: The City Engineer stated that two copies of the Environmental Impact Assess- ment now have been placed in the Golden Valley Library for the use of inter- ested residents. 11-0 Regular Meeting of the City Council, February 18, 1975 MOVED by Rix seconded by Anderson carried to set an informal hearing., for March 3, 1975. Postcard notices will be sent out to the residents along the route and representatives of the Sewer Board will be at the hearing. Easement Agreement with Standard Oil Co.: MOVED by Moberg seconded by Hoover carried to approve the easement agree- ment with standard Oil. Company. Human Rights Commission Minutes February 13, 1975: MOVED by Moberg seconded by Anderson carried to receive and file the Human Rights Commission Minutes of February .13, 1975. Planning Commission Minutes, February 10, 1975: MOVED by Anderson seconded by Hoover carried to receive and file the Planning Commission Minutes of February 10, 1975. Call for Public Hearing - Ring's Colonial Addition No. 2: MOVED by Moberg seconded by Bix carried to set March 10, 1975 for an informal. discussion of the Ring's Colonial Addition No. 2. MOVED by Moberg seconded by Bix carried to set April 21, 1975 for public hearing on Ring's Colonial. Addition No. 2 regarding platting of this area. Park Board Recommendation re: Brookview Rates: Burt Brown, Chairman of the Park and Recreation Commission, presented the proposed rates increases at Brookview Golf Course. MOVED by Bix seconded by Hoover carried to accept the rate schedule as pro- posed by the Park Board. Golden Valley Road Trail Estimates: The City Engineer presented estimated costs for bituminous and concrete walk- way on County Road 66 in lieu of the crushed limestone trail as specified in the bids received 1.2/16/74. MOVED by Anderson seconded by Hoover to aut}-.orize the City Engineer to take bids on the asphalt trail on the south side of Golden Valley Road from Douglas to Worth Parkway, with the financing as follows: $36,525 from Trails and the remainder of approximately $31,000 from Revenue Sharing. Members all voted in favor except Member Bix who voted "No". Motion carried. MOVED by Moberg seconded by Hoover carried refusing or denying any and all bids submitted on 12/16/74 on the limestone trail. Regular Meeting of the City Council, February 18, 1975 Safe Crossing Committee Report: The Park and Recreation Director and Kathy Herje of the Park Board were present on this item. Member Hoover introduced the following, resolution and MOVED its adoption: RESOLUTION (Approving Walkway and Pedestrian Bridge on Winnetka Avenue North as Part of City Trails Plan) 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, Bix, Hoover, Moberg and. Riggs; the following voted against the same: None; whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor and his signature attest- edby the City Clerk. See Resolutions Book page x Voting Machine Purchase: The City Manager requested approval from Council to purchase three voting machines from Oak Park, Michigan which are used but will serve the purpose, at the following figures: 1 @ $500; 1 @ $650 and 1 @ $700. These machines are approximately the same age as ours and are. In fairly good condition. In- cluding the delivery charge of about $50, the $2,000 In the budget will. cover the purchase. MOVED by Hoover seconded by Anderson carried to accept the recommendation of the City Manager and authorize purchase of three voting machines from Oak Park, Michigan, as quoted February 7, 1975,by Gomputer Election Systems. Bills and Claims: MOVED by Moberg seconded by Anderson carried to accept and pay the bills. Approval of Rozman Lot Division: The City Manager requested Council approval on the Rozman lot division. MOVED by Hoover seconded by Anderson carried to approve the waiver of the Platting Ordinance and splitting the Rozman lot into three parcels, as follows: Parcel. I - South 70 feet of Outlot 1, Trach's 2nd Addition, Hennepin County, Minn. Parcel II- 410 Dakota Avenue South - Easterly 113.81. feet of Outlot 1, Trach's 2nd Addition, lying North of the Southerly 70 feet thereof, Hennepin County, Minnesota. Parcel III -400 Dakota Avenue South - That part of Outlot 1., Trach's 2nd Addition, lying North of the South 70 feet & Westerly of the East 11.3.81 .feet of said Outlot 1., Hennepin County, Minnesota. Regular Meeting of the City Council, February 18, 1975 Adjournment: MOVED by Rix, seconded by Hoover, carried to adjourn the Council meeting at 1 A. M. �A"M Attest: Deputy City Clerk i