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12-01-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL December 1, 1975 Pursuant to due call and notice 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 December 1, 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 City Clerk Mary H. Marske. Approval of Minutes of November 17, 1975: MOVED by Anderson, seconded by Swartz and carried to approve the minutes of the regular meeting of November 17, 1975 as corrected. Approval of Minutes of November 18,, 1975: MOVED by Swartz, seconded by Thorsen and carried to approve the minutes of the continued meeting of November 18, 1975 as corrected. 1975 Human Rights Award: The Mayor announced the recipient of the 1975 Human Rights Award to be Mona Moede and commended her on her activities in the community and Metropolitan area in relationship with human relations and other social service programs. R.S.L. 464 - Street Lighting - Part of Spring Green South Subd. This item was continued for further discussion from the meeting of November 17, 1975 to afford an opportunity for the residents in opposition to present their point of view regarding the street lighting. Residents opposing the project presented a petition showing a majority of property owners request- ing the project be dropped. MOVED by Bix, seconded by Anderson and carried to deny the installation of residential street lighting for part of Spring Green South Subdivision on Circle Downs. Age Discrimination Ordinance - First Reading: 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 (Unfair Discriminatory Practices, Incorporat- ing Minnesota Statutes, Chapter 363, by Reference, and Prohibiting Discrimination on the Basis of Age.) MOVED by Anderson, seconded by Swartz and carried to approve the amendment Regular Meeting of the City Council, December 1, 1975 to 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 Bix - Yes Thorsen - Yes Shade Tree Ordinance - Second Reading: MOVED by Thorsen, seconded by Anderson and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Shade Tree Disease) MOVED by Thorsen, seconded by Swartz and carried to approve the amendment of the ordinance herein quoted by title on its second reading and order publica- tion thereof. Upon roll call vote being taken thereon the members were re- corded as voting as follows: Anderson - Yes Swartz - Yes Hoover - Yes Bix - Yes Thorsen - Yes Hotel & Lodging House Ordinance Amendment: MOVED by Anderson, seconded by Thorsen and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amending Hotel and Lodging House Regulation Ordinance) MOVED by Anderson, seconded by Thorsen and carried to approve the amendment 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 Swartz - Yes Hoover - Yes Bix - Yes Thorsen - Yes Amending Food Establishment and Vending Machine Regulation Ordinance: MOVED by Thorsen, seconded by Anderson and carried to bring on for a second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amending Food Establishment and Vending Machine Regulation Ordinance) MOVED by Swartz, seconded by Thorsen and carried to approve the amendment 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: 1 Regular Meeting of the City Council, December 1, 1975 Anderson - Yes Hoover - Yes Bix - Yes State Health Board Agreement: Swartz - Yes Thorsen - Yes Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing Agreement with Minnesota State Board of Health for Acceptance of Delegated Inspection and Licensing Responsibilities) The motion for the adoption of the foregoing resolution was seconded by Member Swartz, and upon vote being taken thereon the following voted in favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen, and the follow- ing 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 12-5- . Request to M.T.C. - Robert WagLman -.Transportation Options Committee: Mr. Leland LeBlanc, vice-chairman of the Transportation Options Committee appeared to update the council on the request to the Metropolitan Transit Commission for improved bus service to Golden Valley. MOVED by Anderson, seconded by Thorsen and carried to authorize the Mayor to direct a letter to the Metropolitan Transit Commission requesting an extension of service to the northeast quadrant of Golden Valley and to also request that the Transportation Options Committee set up a meeting with the Metropolitan Transit Commission and council to discuss the poss- ible solution to the problem. Plat Waiver Extension - Trevilla of Golden Valle Mr. R. A. Stinski representing Trevilla of Golden Valley was present to request a plat waiver extension due to difficulty in obtaining financing on the project. MOVED by Anderson, seconded by Swartz and carried to grant the extension of the plat and waiver to June 1, 1976 and to advise the petitioner that no further extensions will be granted. Easement Vacation - Zimmerman Terrace (Kyle Avenue): Member Bix introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Easement Vacation - Zimmerman Terrace) The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon vote being taken thereon, the following voted in Regular Meeting of the City Council, December 1, 1975 favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen and the follow- ing 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 Stephen J. Harris - Turnpike Road - B.Z.A. Appeal: In the absence of the petitioner, it was MOVED by Swartz, seconded by Anderson and carried to continue this item until December 15, 1975. Communication from Valley Square Task Force: In view of the letter received from the Valley Square Task Force, it was MOVED by Anderson, seconded by Swartz and carried to set a meeting with the Valley Square Task Force for December 17, 1975 at 7:30 p.m., for the purpose of reviewing with them their comments on the pedestrian bridge over Hwy. 55. Communication from Northeast Fire Station Committee: MOVED by Anderson, seconded by Swartz and carried to receive and file the communication received from the Northeast Fire Station Committee and direct the Assistant Public Safety Director Ron Pavlock to supply the committee with copies of the Environmental Impact Assessment for their review. Licenses Approved: LICENSES FOR APPROVAL Dec. 1, 1975 No. Licensee Type Fee 3723 Woodfill Services Cigarette $12.00 3724 Red Owl Stores, Inc. if12.00 requested 3725 Westview Superette 12.00 3726 Log Cabin Service Inc. the Public Safety Director James Crawford to 12.00 3727 Reed Drug regarding 12.00 3728 Bert's Golden Valley Mobil 12.00 3729 New Boulevard Inc. 12.00 3720 Tyrol West Bldg. " 12.00 3731 7 - Eleven Store 12.00 3732 Public Safety Bldg. Exempt 3733 Armstrong High School Solicit - Fruit Exempt 3734 W. R. Almendinger Christmas Trees 50.00 moved by Anderson, seconded by Thorsen and carried to approve the licenses as submitted by the City Clerk. Environmental Impact Assessment - Kilstofte Associates: Mr. Iry Kilstofte was present to answer any questions and provide anv addi- tional information in regard to the Environmental Impact Assessment. The council requested five copies of the report be made available at the Golden Valley Library and also asked the Public Safety Director James Crawford to supply information regarding response time data for the various sites. Regular Meeting of the City Council, December 1, 1975 MOVED by Swartz, seconded by Thorsen and carried to receive and file the Environmental Impact Assessment report as submitted by Kilstofte and Assoc. Evaluation Report - William C. Warner: William C. Warner, real estate appraiser was present to submit his findings in regard to the economic impact to real estate value of residential property in the vicinity of a fire station. MOVED by Swartz, seconded by Anderson and carried to receive and file the Evaluation Report as submitted by William C. Warner. 1250 GPM Fire Pumper Truck Bid Opening - 11/17/75: Fire Chief Al Hanover was present to submit his report in regard to the bids received on a fire pumper truck. The City Manager recommended that all bids be denied since only one bidder met all requirements of the specifications as advertised. MOVED by Bix, seconded by Swartz and carried to authorize purchase of the fire pumper truck from General Safety in the amount of $68,979 with the addition of a complete hose reel at $910. for a total purchase price of $69,889. Request for Public Hearing - Street & Alley Vacation - Meadow Lane: Due to an error by the legal newspaper in not publishing the public hearing notice two times it was MOVED by Anderson, seconded by Swartz and carried to reset the public hearing regarding street and alley vacation on Meadow Lane for December 15, 1975. State Highway Dept. - Contract 416039 Change Order - 75 SS 1A: MOVED by Anderson, seconded by Thorsen and carried to authorize the Mayor, City Manager and City Clerk to sign the State Highway Department Contract 4416039 Change Order in regard to S.P. 2714-104 Laurel Avenue Storm Sewer extension. Right of Way Acquisition - Laurel Avenue & Xenia Avenue: Member Swartz introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing acquisition of certain property by purchase - Clare and Katherine Miller property in Meadowbrook Acres) The motion for the adoption of the foregoing resolution was seconded by Member Thorsen and upon vote being taken thereon the following voted in favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen, 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 /Z'1�. Regular Meeting of the City Council, December 1, 1975 Environmental Commission - Re: State Administration Regulation for Environ - Quality Control: Mr. Wallace Klovstad, chairman of the Environmental Commission was present to request permission from the council to submit the commission's response to the Environmental Impact Statement Rules to the Minnesota Environmental Quality Council. MOVED by Anderson, seconded by Thorsen and carried to authorize the Environ- mental Commission to submit their comments on the proposed Environmental Im- pact Statement Rules to the Minnesota Environmental Quality Council. Bassett Creek Flood Control Commission Minutes - October 28, 1975: MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of October 28, 1975. Detached Worker Quarterly Report: MOVED by Swartz, seconded by Anderson and carried to receive and file the Detached Worker Quarterly Report as submitted. Board of Zoning Appeals Minutes - November 12, 1975: MOVED by Thorsen, seconded by Anderson and carried to receive and file the minutes of the Board of Zoning Appeals of November 12, 1975. Environmental Commission Minutes - November 10, 1975: MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission of November 10, 1975. Human Rights Commission Minutes - November 13.,_1975: MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Human Rights Commission of November 13, 1975. Safetv Council Minutes - October 28, 1975: MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Safety Council of October 28, 1975. Approval of Verified Accounts: MOVED by Anderson, seconded by Swartz and carried to approve payment of the verified accounts as submitted on the prelist. Benson Orth Associates vs. Golden Valley - Re: Bassett Creek Plaza: Councilmember Swartz requested permission to leave the table during discuss- ion of this item in regard to his possible conflict of interest. Regular Meeting of the City Council, December 1, 1975 Memo from Councilmember Thorsen: MOVED by Anderson, seconded by Swartz and carried to receive and file the memo from Councilmember Thorsen and place the item on the agenda for December 15, 1975 for discussion at that time. The Council adjourned at 12:15 a.m., to reconvene on December 3, 1975 at 7:30 p.m., to discuss the Interstate Study Committee action. Attest: City Clerk` L MOVED by Anderson, seconded by Thorsen and carried to authorize the City Attorney to request a delay in the legal proceedings of the counsel for Benson Orth with the agreement that the matter of the hair stylist request be placed on the December 15, 1975 agenda. In the event the offer is rejected the attorney is directed to proceed with legal defense of the claim. Memo from Councilmember Thorsen: MOVED by Anderson, seconded by Swartz and carried to receive and file the memo from Councilmember Thorsen and place the item on the agenda for December 15, 1975 for discussion at that time. The Council adjourned at 12:15 a.m., to reconvene on December 3, 1975 at 7:30 p.m., to discuss the Interstate Study Committee action. Attest: City Clerk` L