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11-03-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL November 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 November 3, 1975 at 7:30 P.M. The following members were present: Anderson, Bix, Hoover, Swartz and Thorsen. Also present were: City Manager Barkley G. Omans, City Attorney Robert M. Skare, City Engineer Lowell E. Odland and Acting City Clerk Karen Olson. Approval of Minutes of October 20, 1975: MOVED by Anderson, seconded by Swartz, carried unanimously, to approve the minutes of the meeting of October 20, 1975 as corrected. Second Reading - Ordinance Amending Firearms to Conform with State Law: MOVED by Bix, seconded by Anderson, carried unanimously, to bring on for a second reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amending Firearms Ordinance to Conform to State Code) MOVED by Bix, seconded by Anderson, carried unanimously to approve the amend- ment of the ordinance herein quoted by title on its second reading and order publication thereof. Upon roll call vote being taken thereon the members were recorded as voting as follows: Anderson - Yes Hoover - Yes Bix - Yes Greg Corwin - Re: Committee Membership: Swartz - Yes Thorsen - Yes MOVED by Thorsen, seconded by Anderson, carried unanimously, to remove Larry J. Lage from the names of the Golden Valley Police Community Relations Com- mittee.membership list and to direct the City Manager to write a letter to Mr. Lage indicating this action and to thank him for his service on the com- mittee. State Highway Dept. - 3 letters - Re: Highway 12 Signals: MOVED by Anderson, seconded by Swartz, carried unanimously to authorize the City Engineer to communicate to the Highway Department that the Council approves the three requests as submitted and to make a formal request to the State to include a left turn signal from Turners Crossroad onto T.H. 12. Sam Barin ton - Request to Use Firings Range,,: MOVED by Anderson, seconded by Swartz and carried unanimously, to grant approv- al of the request submitted by Sam Barington, on the condition that the City J C� Cl Regular Meeting of the City Council, November 3, 1975 receive a written waiver of liability from Mr. Barington, and the Council requests that the Director of Public Safety send comments to the council, if he feels any changes should be made in the agreement in the future. Twin City Stroke Club - Traffic Signal on Golden Valley Road: MOVED by Anderson, seconded by Bix and carried to receive and file the communication from the Twin City Stroke Club and to authorize the Mayor to send a letter to Mr. Greenbough of the Twin City Stroke Club indicating the Council's prior rejection of any signalization on Golden Valley Road and to communicate to Mr. Greenbough the prior council actions on signalization. Hugh Treptau, 4839 Golden Valley Road, stated that it is difficult for 2U -- one to cross Golden Valley Road, whether they are handicapped or not. Trivilla of Golden Valley - Re: Plat & Waiver Extension: This matter is being brought before the council to request a second six month extension of the plat and waiver approval for Trevilla of Golden Valley. The first six month extension was granted by the council in May, 1975. MOVED by Anderson, seconded by Swartz and carried to place this item on the council agenda for December 1, 1975 and to request that Mr. Stinski appear at this meeting and request that the city staff supply the council with background information of action previously taken by the city boards and commissions regarding this item. Councilmember Anderson withdrew the original motion, and it was then MOVED by Anderson, seconded by Bix and carried to request that the City staff research the past history of signalization on Golden Valley Road before the council makes a formal response to this request and to communicate to Mr. o Greenbough the action taken at this council meeting. tv Metro Waste Control Commission - 1976 Cost Allocations: b MOVED by Thorsen, seconded by Anderson, carried unanimously, to receive and 0 file the communication from Metro Waste Control Commission. 0 ,o 1 Gerald S. Robinson - Re: Stairway for So. Tyrol Hills: � Q) u o W wr- W M The Council discussed the type of stairway, maintenance of stairway, financ-o o N ing and liability exposure. ,00 r -I coo x MOVED by Bix, seconded by Swartz, carried unanimously to refer this item to •H- the Trails Committee under the Park and Recreation Commission to determine O,b'0 the possibility of adding this to the City' tra 1 ys's�jem aid,, to obtain u o H comments from the Tyrol Hills Association/ad scuss w"iii t�i�no�l&Wig'rf 1t$��t A%$ erty the possibility of obtaining an easement for the stairway, the City to obtain cost estimates of the stairway and exact cost of each of the two alternatives in regard to maintenance. Trivilla of Golden Valley - Re: Plat & Waiver Extension: This matter is being brought before the council to request a second six month extension of the plat and waiver approval for Trevilla of Golden Valley. The first six month extension was granted by the council in May, 1975. MOVED by Anderson, seconded by Swartz and carried to place this item on the council agenda for December 1, 1975 and to request that Mr. Stinski appear at this meeting and request that the city staff supply the council with background information of action previously taken by the city boards and commissions regarding this item. 2 / ! Regular Meeting of the City Council, November 3, 1975 Mel Davis - Re: Safety Hazards Existing at Vallee D'Or: Mel Davis appeared before the Council and read a letter which included signa- tures from the area residents in regard to the safety hazards existing at the Vallee D'Or development on Harold and Winnetka Avenues due to standing water and improper drainage. The Council discussed an old sewer line north of Harold Avenue and the possi- bility of locating this line and unplugging it to make it usable and the cost involved of possibly hiring a service to locate the sewer line. MOVED by Anderson, seconded by Thorsen and carried to direct the City Manager to contact the developer and indicate to the developer that the council has received indication of public nuisances on the property and the council is prepared to meet with the Manager and staff and developer to discuss the prob- lems as soon as possible. The council also requested that they be notified of the time of the meeting. Northeast Fire Station: The Council set the meeting with the Northeast Fire Station Committee for November 10, 1975 at 7:00 p.m., in the basement of the Public Safety Building. Dutch Elm and Oak Wilt Tree Removal Pr2g am: The council discussed the Park and Recreation Commission minutes of October 16, 1975 regarding the Shade Tree Disease Control Act. Councilmember Ander- son read the motion from those minutes as follows: "After discussion, it was MOVED by Kelby and seconded by King that the City Council consider a grant in aid program relative to Dutch Elm disease and Oak Wilt disease with local re- imbursment to be the less of $25.00 or 25% of the lowest quote for removal. Motion carried." Ervin Wood of 2700 Lee Avenue North stated that he had received notice from the City to remove a tree from his property, however, he was going out of townn and the City hired a contractor to remove them and questioned whether he was eligible under the grant in aid program. Don Larson, 7724 Harold Avenue asked what total costs can be included for the reimbursement. MOVED by Anderson, seconded by Swartz and carried that it is a governmental responsibility to assume partial cost of this program. MOVED by Thorsen, seconded by Anderson and carried to study a reimbursement policy. MOVED by Anderson, seconded by Swartz and carried to request the Park Board to draw a resolution setting forth the city policy and partial reimbursement for removal of diseased trees effective January 1, 1976. MOVED by Swartz, seconded by Thorsen and carried to authorize application to the State Agricultural Department for State Grant in Aid funds to supplement the local program. Regular Meeting of the City Council, November 3, 1975 Engineer -Sumter Avenue & Laurel Avenue Paving - Resolution: Member Bix introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Amending Assessment for Certain Public Improvements) The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen and 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- ed by the City Clerk. See Resolution Book page / a Q Requests for Special Assessment Adjustment - Kewanee Wav: Jim Ingemunson, City Assessor was present to supply information to the council on the assessfaent adjustments. MOVED by Swartz, seconded by Thorsen, and carried to continue full assess- ment on Kewanee Way, giving 1/2 credit to three lots for previous assessment for the roadway on Crestview. Susan Ferris, 2308 Kewanee Way, stated that consideration of this lot should be same as was given to other lots in the area. MOVED by Thorsen, seconded by Swartz and carried to assess Lot Four for the vacated 15 feet on Crestview and assess 1/2 of the frontage on Kewanee Way. MOVED by Swartz, seconded by Thorsen and carried to request that the City staff prepare a draft for a policy regarding assessment on through lots. Request for Public Hearing - Easement Vacation - Kyle Place: MOVED by Anderson, seconded by Thorsen and carried to set December 1, 1975 as a public hearing date for easement vacation on Kyle Place. Mrs. Isaacson - 501 Ottawa Avenue - Car Complaint: Mrs. Isaacson was present for the request. MOVED by Anderson, seconded by Thorsen and carried to request that the Planning Commission review surrounding community's policies regarding car repair in residential areas which Mrs. Isaacson had obtained copies of and presented to the council. MOVED by Thorsen that a policy be established on all through lots to assess full frontage to the street to which there is primary access and 1/2 of front- age on the other street. Councilmember Thorsen withdrew the motion. MOVED by Bix to use the same formula when considering Lot 4 as was used when considering the three lots to the North. Motion died for lack of a second. MOVED by Swartz, seconded by Thorsen, and carried to continue full assess- ment on Kewanee Way, giving 1/2 credit to three lots for previous assessment for the roadway on Crestview. Susan Ferris, 2308 Kewanee Way, stated that consideration of this lot should be same as was given to other lots in the area. MOVED by Thorsen, seconded by Swartz and carried to assess Lot Four for the vacated 15 feet on Crestview and assess 1/2 of the frontage on Kewanee Way. MOVED by Swartz, seconded by Thorsen and carried to request that the City staff prepare a draft for a policy regarding assessment on through lots. Request for Public Hearing - Easement Vacation - Kyle Place: MOVED by Anderson, seconded by Thorsen and carried to set December 1, 1975 as a public hearing date for easement vacation on Kyle Place. Mrs. Isaacson - 501 Ottawa Avenue - Car Complaint: Mrs. Isaacson was present for the request. MOVED by Anderson, seconded by Thorsen and carried to request that the Planning Commission review surrounding community's policies regarding car repair in residential areas which Mrs. Isaacson had obtained copies of and presented to the council. Regular Meeting of the City Council, November 3, 1975 Licenses: MOVED by Anderson, seconded by Thorsen and carried to approve the license list as submitted. LICENSES FOR APPROVAL Nov. 3, 1975 No. Licensee Type Fee 3710 W. F. Haben dba Cheese Haus Grocery $50.00 3711 Dick Leaf - Robb. School Band Solicit - Funds Exempt 3712 G.V. Lutheran College -T C Novelty Games of Skill 25.00 Fire Department - House Burning - 630 Meadow Lane North: MOVED by Thorsen, seconded by Anderson and carried to grant approval subject to the property owner being required to adequately disconnect sewer and water at the main before the permit is granted for burning the house at 630 Meadow Lane North and that notice be given to neighborhood residents as to possible date of burning. Quotations - Railing on Wall - Golden Valley Road: The City Manager presented quotations received for installation of a handrail on the wall along Golden Valley Trail as follows: Superior Iron, Inc. $1,900., Iron Works, Inc., $2,329 and Skyline Fence & Landscaping Co., $2,735.93. MOVED by Anderson, seconded by Thorsen and carried to accept the low bid of $1,900 by Superior Iron, Inc., for a 3 -rail handrail as recommended by the City Manager. Request for Formal Hearing - Highway 55 Pedestrian Bride: MOVED by Anderson, seconded by Thorsen and carried to set the public hearing date for December 15, 1975 for the Highway 55 Pedestrian Bridge. D. J. Wollman - 6520 Glenwood Avenue from 10/20/75): Councilmember Swartz requested permission to leave the table during discussion of this item in regard to his possible conflict of interest. MOVED by Bix, seconded by Anderson and carried to direct the city staff to begin whatever legal action is necessary to comply to the terms of the permit and send communication to Mrs. Wollman indicating action taken and reasons if removal of the excess fill is not started by November 15, 1975. Selective Service System - Re: Reeistration: MOVED by Swartz, seconded by Anderson and carried to grant permission to the Selective Service System to use space in the Civic Center building for regis- tration purposes. Regular Meeting of the City Council, November 3, 1975 Age Discrimination Ordinance: MOVED by Thorsen, seconded by Bix and carried to bring on for a first read- ing an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Unfair Discriminatory practices, incorporating Minnesota Statutes, Chapter 363, by reference, and prohibiting discrimination on the basis of age) MOVED by Anderson, seconded by Swartz and carried to add the words 'or prohib- ited' in sections b. and c. between 'provided' and 'by law' in the first sentence of each section. MOVED by Anderson, seconded by Swartz and carried to continue this hearing to December 1, 1975. Memo from Manager - City of Crystal: The council received the resolution regarding Highway 100 and Scott Avenue Storm Sewer which had been prepared. The draft of the resolution was amend- ed and adopted with the City Manager being directed to transmit the resolu- tion to the City of Crystal. Member Swartz introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Approving 1968 Highway 100 Improvement Plans) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon roll call vote being taken thereon the following members voted in favor thereof: Anderson, Bix, Hoover and Swartz and the following voted against the same: Thorsen, 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 Amendment to P.U.D. #1 and #lA-5801 and 5851 Duluth Street: Bassett Creek Plaza: MOVED by Thorsen, seconded by Anderson and carried to request that the Mayor communicate to the Planning Commission that the Council asks that the Planning Commission coordinate P.U.D., requests with the Environmental Commission, Park and Recreation Commission and Open Space Committee. Environmental Commission Minutes - October 20, 1975: MOVED by Bix, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission of October 20, 1975. Park and Recreation Commission Minutes - October 16, 1975: MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Park and Recreation Commission meeting of October 15, 1975. Regular Meeting of the City Council, November 3, 1975 Letter Draft to M.T.C. - Transportation Options Committee: MOVED by Anderson, seconded by Swartz and carried to receive and file the communication and to set December 1, 1975 as the meeting date and to notify Bob Wagman. Civil Service Commission Minutes - October 29. 1975: MOVED by Swartz, seconded by Anderson and carried --to receive and file the minutes of the Civil Service Commission of October 29, 1975. M. Anderson - Valley Square Task Force & Interstate Comm.: MOVED by Thorsen, seconded by Swartz and carried to receive and file the communication received from Mary Anderson regarding Valley Square Task Force and Interstate Committee. R. Thorsen - Advisory Committee - Appointment: MOVED by Thorsen, seconded by Swartz and carried to appoint Ellen Walton of 4040 Wasatch Lane to the Advisory Committee for drafting a Shelter Home Ord- inance. Bills and Claims: MOVED by Swartz, seconded by Thorsen and carried to approve the verified claims as submitted on the prelist. Cid Manager - Re: Letter from Hennepin County: MOVED by Anderson, seconded by Thorsen and carried to request the City Manager to appear at the Hennepin County Commissioner Meeting on November 17, 1975 to represent the council in regard to the increase in the County Workhouse fee from $12 to $23. The Council adjourned at 12:00 midnight. Attest: ;�� D&v Acting City Clerk Mayor 1 1 D