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09-02-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL September 2, 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 September 2, 1975, at 8:00 P.M. The following members were present: Anderson, Bix, Hoover, Swartz and Thor- sen. Also present were City Manager Barkley G. Omans, City Attorney Robert M. Skare, City Engineer Lowell Odland and City Clerk Mary H. Marske. Approval of Minutes of August 18, 1975: MOVED by Thorsen, seconded by Anderson and carried to approve the minutes of August 18, 1975 as corrected. Public Hearing_- Rezoning - Mpls. Glass Co. - 7700 Wavzata Blvd: The City Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed rezoning request described in the minutes of the meeting of August 2, 1975. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Dr. Art Leonard of the Planning Commission presented the findings of the commission in regard to this rezoning. Although the proponent was not present, the Mayor opened the public hearing. Mr. Dave Wetterlind, 1030 Rhode Island Avenue South expressed concern over the existing traffic and parking problems. Lowell Cole, 815 Sumter Avenue South stated his apprehension about rezoning with the uncertainty of the I-394 matter. Mahlon Swedberg, 516 Utah Avenue South feels the surrounding neighborhood would suffer from the rezoning of this property. Albin Winkels, 914 Sumter Avenue South reiterated the objections voiced by the others in regard to the rezoning. Edmund Noren, 840 Sumter Avenue South stated the area has been gradually desecrated and further rezoning would just magnify present problems. Lyle Larson, 830 Rhode Island Avenue South explained the residential history of the area. Gerald Ritter, 1033 Sumter Avenue South opposes the rezoning because of heavy traffic, parking problems and expanding an unsightly area. The Mayor then closed the public hearing. Regular Meeting of the City Council, September 2, 1975 MOVED by Anderson, seconded by Thorsen and carried to deny the request for rezoning of the property at 7700 Wayzata Boulevard. B.Z.A. Foto Mat Corp. Golden Hills Shopping Center: Mahlon Swedberg of the Board of Zoning Appeals stated the findings of the board in regard to the Foto Mat request in the Golden Hills Shopping Center. The Board in its action of July 9, 1975 had recommended denial of the re- quest due to the conjestion problem already in existence. MOVED by Bix, seconded by Anderson and carried to deny the appeal made by Foto Mat, Inc., for a waiver of Section 14:02 to allow expansion of the existing non -conforming use. B.Z.A. Foto Mat Corp. - SSprinpz Gate Shopping Center: Mahlon Swedberg advised the council that the Board of Zoning Appeals had also denied the request for waiver of Section 1:03 and 13:01 allowing con- struction of a Foto Mat booth in the Spring Gate Shopping Center. MOVED by Thorsen, seconded by Bix and carried to deny the appeal made by Foto Mat, Inc., as recommended by the Board of Zoning Appeals. Councilman Swartz voted nay. Grossman -Carlson - Drainage Problem - Duluth & Kelly: The Council reviewed the correspondence received from Kenneth Carlson and Gary Grossman. :MOVED by Anderson, seconded by Swartz and carried to direct the City Attor- ney to research this specific case and make a recommendation in regard to (1) the determination of the city's liability (2) what future or potential respon- sibility the city might be asked to assume in similar situations if action is taken on this request and (3) investigate the insurance liability. Winnetka Heights - High Water Damage: Mr. John Hagan of 7520 Winnetka Heights Drive appeared before the council in regard to erosion along the pond that his property abuts. Several of his neighbors, he explained, are experiencing the same problem. MOVED by Anderson, seconded by Thorsen and carried to request the staff to study the situation and propose a solution that would take into account con- cerns such as cost and design of a retaining wall that would prevent further erosion of private property. Human Rights Commission - Re: Age Non -Discrimination: William Barbeau of the Human Rights Commission was present to recommend the Human Rights Ordinance be amended to include age discrimination. MOVED by Anderson, seconded by Swartz and carried to instruct the City Attor- ney to amend the present Human Rights Ordinance to incorporate age discrimin- ation in reference to persons between 18 and 65. Regular Meeting of the City Council, September 2, 1975 MOVED by Bix, failed for lack of second to amend the motion to extend the age to '18 and over'. Petition - Re: Valley D'Or Drainage Problem - Mel Davis: Councilmember Anderson requested permission to leave the table during discussion of this item in regard to her possible conflict of interest. Mel Davis of 7465 Harold Avenue North appeared to voice objections to the progress and manner of development of the Valley D'Or property. Mr. Bill Casper of First Wisconsin Mortgage Company was present to offer some thoughts and variations of landscaping and drainage. MOVED by Swartz, seconded by Thorsen and carried to defer action on this matter with a request to the developer to (1) present a report as to the landscape work done and the extent of compliance and non-compliance with the terms of the P.U.D., (2) prior to the next meeting that there be con- sultation between the developer and the neighboring homeowners regarding the report and proposed adjustments and (3) during the interim the status quo be maintained. Police Association - Lighted Flag Proposal: LeRoy Trandem representing the Golden Valley Police Association was present to propose the installation of flood lights to illuminate the flag flown at the Civic Center enabling the city to fly the flag twenty-four hours per day. MOVED by Bix, seconded by Swartz and carried to approve the proposal pre- sented by the Police Association with the costs of electricity and mainten- ance to be held by the city. Golden Hills Liquor Store-- Change of Ownership: A request for approval of the transfer of off -sale liquor license of the Golden Hills Liquor Store to Blaine G. Borchers and Charles J. Gross was presented to the council. MOVED by Bix, seconded by Anderson and carried to approve the transfer based on the recommendation of the City Manager and City Attorney. License List Approved: MOVED by Anderson, seconded by Thorsen and carried to approve the licenses as presented on the license list. Please see next page. I� Regular Meeting of the City Council, September 2, 1975 LICENSES FOR APPROVAL SEPT. 15s 1975 No. Licensee Type Fee 3683 Golden Valley Super Valu Vend NP $ 5.00 3684 Red Lobster Inns of America Cigarettes 12.00 3685 Red Lobster Inns of America Food Establishment 100.00 3686 Rod Hopp Shows, Inc. Itin. Food & Amus. Rides 50.00 3687 Westview Superette Food Establiskmant 50.00 3688 Westview Superette Cigarettes 6.00 3689 Westview Superette Malt -Off -Sale 25.00 3690 Childrens Theatre Solicit Funds Exempt 1976 Budget: The Council proposed meeting to discuss the 1976 Budget for Reptember 9, 1975 at 8:00 p.m.; September 24, 1975 at 7:30 p.m.; September 29, 1975 at 7:30 p.m.; and September 22, 1975 at 7:30 p.m., for the purpose of public input. A legal notice and new release will be directed to the news media to publicize the September 22, 1975 meeting. Quotations - Park & Recreation: Quotations for the removal of the Brookview Community Center steps and sidewalk, and replacement of the same were presented to the council. Those quotes are as follows: Einar Olson & Sons, Inc. - $1,350.00; Scandy Con- crete Co. - $1,410.00; and Victor Carlson & Sons, Inc., $1,985.00. MOVED by Bix, seconded by Swartz and carried to accept the low bid of Einar Olson & Stens, as recommended by the City Manager. Quotations for printing of the recreation brochure were received from the following: Post Publishing Co. - $902.70; O.H. Dahlen Printing Co. - $1,095.; and Rapid Copy Printing Co. - $1,161.00. MOVED by Swartz, seconded by Bix and carried to accept the low bid of Post Publishing Co., as recommended by the City Manager. Design Report - Hwy. 55 Pedestrian Bridge: Mr. Darrell Berkowitz of Toltz, King, Duvall and Anderson presented renderings of two alternative pedestrian bridges, one with steps and one incorporating a ramp. MOVED by Bix, seconded by Anderson and carried to defer action on this matter pending a meeting and recommendations from the Valley Square Task Force, area merchants, staff, Park & Recreation Commission and the Planning Commission to be held within the next two weeks. White House Parking Lot - 4900 Hwy. 55 - Landscaping Plan & Waiver of Platting: Mr. Irving Schectmann was present requesting a waiver of theplatting ordinance contingent upon a landscaping plan. Regular Meeting of the City Council, September 2, 1975 MOVED by Anderson, seconded by Thorsen and carried to grant the waiver of platting to divide and combine the following described parcel of land: All that part of the Northwest Quarter of Section 19, Township 29, Range 24, described as follows: Beginning at a point in the South line of said Northwest Quarter of Section 19, distant 487.29 feet West of the Southeast corner thereof, thence West along the South line of said Northwest Quarter distant 267 feet; thence North paral- lel with the East line of said Northwest Quarter distant 193 feet; thence East parallel with the South line of said Northwest Quarter distant 267 feet; thence South parallel to the East line of said Northwest Quarter distant 193 feet to the point of beginning, to- gether with all that part of the Southeast Quarter of the Northwest Quarter of Section 19, Township 29, Range 24, described as follows: The South 650 feet measured from the South line of said Southeast Quarter of the Northwest Quarter lying between a line drawn 565.71 feet East of the West line of said Southeast Quarter of the North- west Quarter and a line drawn 874.29 feet West of the East line of said Southeast Quarter of the Northwest Quarter, together with all that part of the Southeast Quarter of the Northwest Quarter of Sec- tion 19, Township 29, Range 24, described as follows: The South 650 feet measured from the South line of said Southeast quarter of the Northwest Quarter lying between a line drawn 565.71 feet East of the West line of said Southeast Quarter of the Northwest Quarter and 754.29 feet West of the East line of said Southeast Quarter of the Northwest Quarter. subject to the implementation of landscape plan as presented not later than next spring. Brookview Fairway Improvement & Renovation Study: ,— Sam Courey appeared to bring before the council a proposal to retain the services of Mr. Fred Sicora to prepare a fairway improvement and renovation study. MOVED by Anderson, seconded by Bix and carried to authorize the City Man- ager to draw up an agreement with Mr. Sicora which would include the items listed in his proposal plus the addition of a nine -hole short course study to be presented to the council at its next meeting. Goldman Property Resolution: Councilman Swartz requested permission to leave the table during discussion of this item in regard to his possible conflict of interest. Member Anderson introduced and read the following resolution and MOVED its adoption: RESOLUTION (Authorizing acquisition by purchase - part of the southeast 1/4 of the northwest 1/4, Section 19, Township 29, Range 24) The motion for the adoption of the foregoing resolution was seconded by Regular Meeting of the City Council, September 2, 1975 Member Thorsen and upon the vote being taken thereon, the following voted in favor thereof: Anderson, Bix, Hoover and Thorsen, and the following voted against the same: None, Member Swartz abstained, 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. Councilmember Bix left at 1:30 A.M. Fire Prevention Ordinance - UQdate of Code Date: MOVED by Anderson, seconded by Swartz and carried to bring on for a first reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Fire Prevention Code) MOVED by Anderson, seconded by Swartz and carried to approve the amendment of 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 Swartz - Yes Hoover - Yes Thorsen - Yes Condor Corporation - 7711 Medicine Lake Road - Waiver of Platting: MOVED by Anderson, seconded by Thorsen and carried to approve the waiver of platting as requested by the Condor Corporation and assign the legal descriptions to the respective addresses as follows: 7711 Medicine Lake Road: All of Lot 12 and that part of Lots 10 and 11 lying North of a line described as beginning at a point on the West line of Lot 11 Distant 54.86 feet South of the Northwest corner thereof to a point on the East line of Lot 10 distant 56.28 feet South of the most North- easterly corner of Lot 10; all in block 1. 7020 Madison Avenue West: Lots 10 and 11 except that part lying South of a line drawn from a point on the West line of Lot 11 distant 54.86 feet South of the Northwest corner to a point on the East line of Lot 10 distant 56.28 feet South of the most Northeasterly corner and those parts of Lots 8 and 9 lying West of a line 113.01 feet East of, measured at right angles to and parallel with the West line of said Lot 9 and its extension; all in Block 1. MOVED by Anderton, seconded by Thorsen and carried to refer this matter to the Planning Commission regarding the subject of rezoning of this property and request input on the possible rezoning of that property directly adja- cent presently zoned 'open zoning'. Appointment to the Board of Building Review: MOVED by Anderson, seconded by Swartz and carried to appoint Donald Camp- bell to the Board of Building Review to fill the unexpired term of Glen Eiden. Regular Meeting of the City Council, September 2, 1975 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Safety Council of July 28, 1975. Civil Service Commission - Aust 28, 1975 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Civil Service Commission of August 28, 1975. Inter State Study Committee Councilmember Anderson informed the council of activities of the Inter State Study Committee and urged a meeting of the council in the near future to discuss this matter at length. Scott Avenue Storm Sewer The City Manager informed the council of a resolution recently passed by the Crystal Council and also stated that a joint meetigg of the two councils is being negotiated. Bills Approved MOVED by Swartz, seconded by Thorsen and carried to approve the payment of the verified accounts as submitted on the prelist. Adj ournment_ The council adjourned at 2:45 a.m. to reconvene September 9, 1975 at 8:00 p.m. for consideration of the 1976 Budget. B.C.F.C.C. Minutes - July 17, 1975 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of July 17, 1975. Planning Commission Minutes - August 25. 1975 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Planning Commission of August 25, 1975. Call Public Hearings - Preliminary Residential Plat - 4240 Glenwood COVED by Anderson, seconded by Swartz and carried to set a public hearing to be held on October 20, 1975 for the purpose of reviewing a Preliminary Residential Plat at 4240 Glenwood Avenue. MOVED BY Thorsen, seconded by Anderson and carried to inform the Planning Commission that the council forsees no problem of citizen input if decisions made are based on good planning and feels sending of notices should be continued. Safes Council Minutes - July 28, 1975 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Safety Council of July 28, 1975. Civil Service Commission - Aust 28, 1975 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Civil Service Commission of August 28, 1975. Inter State Study Committee Councilmember Anderson informed the council of activities of the Inter State Study Committee and urged a meeting of the council in the near future to discuss this matter at length. Scott Avenue Storm Sewer The City Manager informed the council of a resolution recently passed by the Crystal Council and also stated that a joint meetigg of the two councils is being negotiated. Bills Approved MOVED by Swartz, seconded by Thorsen and carried to approve the payment of the verified accounts as submitted on the prelist. Adj ournment_ The council adjourned at 2:45 a.m. to reconvene September 9, 1975 at 8:00 p.m. for consideration of the 1976 Budget. 178 Regular fleeting of the City Council, September 2 9 5 Attest: City Cl k Mayor 1