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12-15-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL Decemberl5,, 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 15, 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 Ingineer Lowell E. Odland and City Clerk Mary H. Marske. Bicentennial Committee Presentation - Idell Silberman: Mrs. Idell Silberman, chairman of the Golden Valley Bicentennial Committee appeared to present certificates of recognition to three individuals who have been active in promoting the commemoration of the Bicentennial in Gold- en Valley. The certificates were presented to Mrs. Carol LeVesque, Carl Elkins and Mrs. Audrey Parish. Approval of Minutes: MOVED by Anderson, seconded by Swartz and carried to approve the minutes of the regular meeting of December 1, 1975 as corrected. Benson Orth P.U.D. #1 - Barber & Beauty Shop From 11/17/75): Councilmember Swartz requested permission to leave the table during discuss- ion of this item in regard to his possible conflict of interest. The Attorney advised the council of the status of the legal action initiated by Benson Orth regarding the request for a barber -hair stylist at the Bassett Creek Office Plaza. Burnette Topolka, manager of the Spring Gate Beauty Shop objected to another shop in the area stating that her shop was not operating to full capacity. MOVED by Anderson, seconded by Thorsen and carried to approve the request for a barber -hair stylist with the stipulation that (1) it occupy no more than 960 square feet, (2) have no more than six operator stations, (3) become a part of the P.U.D. agreement, (4) the sign policy allowing no exterior signs be maintained and (5) contingent also on the dropping of the legal action by the petitioner. Councilmember Bix voted nay. MOVED by Anderson, seconded by Thorsen and carried to amend the above motion to include the stipulation that this is an interpretation by the council of the P.U.D. agreement. Councilmember Bix voted nay. Street & Alley Vacation - Meadow Lane - North of Hiahwav 55: Due to an error by the legal newspaper in not publishing the public hearing notice twice as required it was necessary to call a second public hearing on this matter. The City Clerk presented an affidavit showing publication in the official f] 1 Regular Meeting of the City Council, December 15, 1975 newspaper of the Notice of Public Hearing on vacation of certain alleys and streets. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced that the meeting was open for public hearing on said vacation and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections. Member Thorsen introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Street and Alley Vacations Within the Plat of Glenwood) The motion for the adoption of the foregoing resolution was seconded by Member Anderson 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_. Age Discrimination Ordinance - Second Reading: MOVED by Anderson, seconded by Swartz and carried to bring on for a second reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Unfair Discriminatory Practices, In- corporating Minnesota Statutes, Chap- ter 363, by Reference, and Prohibiting Discrimination on the Basis of Age) MOVED by Anderson, seconded by Thorsen and carried to refer the ordinance back to the Human Rights Commission in regard to the effect of the ordin- ance on matters presently conflicting with the ordinance, such as State Laws on the age of elective officials and special rates and services for senior citizens. N.E. Fire Station Committee Report to Council: Mr. Ray Stockman and several members of the Northeast Fire Station Commit- tee were present to give their final report on the Northeast Fire Station site. 4 MOVED by Swartz, seconded by Thorsen and carried to call a public hearing for March 8, 1976 to consider rezoning of three possible fire station sites, naming Site #2 at Golden Valley Road and Bonnie Lane, Site X63 at Golden Valley Road west of the Minneapolis Clinic and Site #4 at Golden Valley Road and Noble Avenue. MOVED by Anderson, seconded by Swartz and carried to request the Northeast Fire Station Committee to implement an educational meeting for the resi- dents of Precinct #1 and Precinct #2, the date and location of the meeting to be determined by the committee and notification of the meeting be made by mail. 2 3' 233 Regular Meeting of the City council, December 15, 1975 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Northeast Fire Station Committee of November 17, 1975 and extend the appreciation of the council and the community for a task done efficiently and thoroughly. Mr. Hugo Treptau of 4839 Golden Valley Road suggested that the location of the fire station is only a small part of the problem and the only way to prevent loss of life by fire would be a comprehensive fire prevention pro- gram. Councilmember Bix left the meeting at 9:40 p.m. Stephen J. Harris - Turnpike Road - B.Z.A. Appeal: Mr. Leroy Anderson of the Board of Zoning Appeals presented the findings of the board in regard to the appeal to allow construction of a family room to the south side of the Harris residence to within three feet of the lot line. MOVED by Anderson, seconded by Thorsen and carried to deny the appeal and request the B.Z.A. to review the backyard as to conformity. Nicholas Loscheider - 1315 Louisiana - B.Z.A. Appeal: Mr. Leroy Anderson of the Board of Zoning Appeals presented the findings of the board in regard to the appeal to allow construction of a home below the Bassett Creek Flood Plain level. MOVED by Anderson, seconded by Thorsen and carried to deny the appeal and sustain the ruling of the Board of Zoning Appeals. In discussion of the motion it was agreed by the maker and seconder to withdraw the motion. MOVED by Swartz, seconded by Anderson and carried to refer the matter back to the Board of Zoning Appeals for reconsideration at their meeting of Jan- uary 13, 1976 subject to the revision of the flood plain ordinance. Nicholas Loscheider - 1345 Louisiana 1316 Mar land - Fill Permit: MOVED by Anderson, seconded by Thorsen and carried to grant the request for permission to fill the lots at 1345 Louisiana and 1316 Maryland with any stipulations or qualifications required by the staff to meet the requirements of the ordinances. Ronald Haskvitz - Re: Campaign and Election Practices: Mr. Haskvitz appeared before the council to review the resolution passed by the Human Rights Commission to determine the need for a permanent com- mission to observe local campaign and election practices. MOVED by Swartz, seconded by Anderson and carried to defer continued dis- cussion on this matter to the next regular meeting on January 5, 1976. On/Off/Sundav Liquor License - Jax of Golden Valley formerly Michael's Mr. John Kozlak was present to request a license for on/off and Sunday sale of intoxicating liquor at the former Michael's restaurant to be opened approximately February 1, 1976 doing business as Jax of Golden Valley. Regular Meeting of the City Council, December 15, 1975 MOVED by Anderson, seconded by Swartz and carried to approve the issuance of said licenses subject to personal financial quarantee by the officers of the Krown Foods, Inc. MOVED by Anderson, seconded by Thorsen and carried to request the attorney to review the present ordinances in regard to the pro -rating of liquor license fees. Club License - V.F.W. Post #7051: Mr. Francis Tomaszewski and Kenneth Weller were present to request a club liquor license at 7775 Medicine Lake Road for the V.F.W. Post X67051. MOVED by Anderson, seconded by Swartz and carried to approve the issuance of the license as requested. Insurance Proposals - Bid OpeningDecember 10-, 1975: The City Manager presented the bids received for liability and Workman's Compensation insurance at the bid opening of December 10, 1975 and recom- mended continuing coverage with Home Insurance. MOVED by Thorsen, seconded by Swartz and carried to award the insurance con- tract to Home Insurance Company represented by Brandow, Howard, Kohler and Rosenbloom, Inc., with the additional premium for errors and omissions as recommended by the City Manager. MOVED by Thorsen, seconded by Swartz and carried to transfer the $20,700 from the 1976 Contingency Fund to cover the insurance premium. L.E.A.A. Grant Application - Neighborhood Officer Program: Member Swartz introduced and read the following written resolution and moved its adoption: RESOLUTION (Authorizing Submission of an Application to the Governor's Commission on Crime Prevention and Control - LEAA Funds) The motion for the adoption of the foregoing resolution was seconded by Member Anderson, and upon vote being taken thereon the following voted in favor thereof: Anderson, Hoover, Swartz and Thorsen and 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 / ? 9 . MOVED by Anderson, seconded by Thorsen and carried to place on the agenda of January 5, 1976 the discussion of the second lieutenancy position on the public Safety Department. MOVED by Swartz, seconded by Thorsen and carried to authorize the City Man- ager to defer the appointment of the second lieutenant position until the council determines what the long range structure of the Public Safety Depart- ment will be. Regular Meeting of the City Council, December 15, 1975 MOVED by Anderson, seconded by Swartz and carried to approve the issuance of said licenses subject to personal financial quarantee by the officers of the Krown Foods, Inc. MOVED by Anderson, seconded by Thorsen and carried to request the attorney to review the present ordinances in regard to the pro -rating of liquor license fees. Club License - V.F.W. Post #7051: Mr. Francis Tomaszewski and Kenneth Weller were present to request a club liquor license at 7775 Medicine Lake Road for the V.F.W. Post #7051. MOVED by Anderson, seconded by Swartz and carried to approve the issuance of the license as requested. Insurance Proposals= Bid Opening December 10. 1975: The City Manager presented the bids received for liability and Workman's Compensation insurance at the bid opening of December 10, 1975 and recom- mended continuing coverage with Home Insurance. MOVED by Thorsen, seconded by Swartz and carried to award the insurance con- tract to Home Insurance Company represented by Brandow, Howard, Kohler and Rosenbloom, Inc., with the additional premium for errors and omissions as recommended by the City Manager. MOVED by Thorsen, seconded by Swartz and carried to transfer the $20,700 from the 1976 Contingency Fund to cover the insurance premium. L.E.A.A. Grant Application - Neighborhood Officer Program: Member Swartz introduced and read the following written resolution and moved its adoption: RESOLUTION (Authorizing Submission of an Application to the Governor's Commission on Crime Prevention and Control - LEAA Funds) The motion for the adoption of the foregoing resolution was seconded by Member Anderson, and upon vote being taken thereon the following voted in favor thereof: Anderson, Hoover, Swartz and Thorsen and 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 Z2 � . MOVED by Anderson, seconded by Thorsen and carried to place on the agenda of January 5, 1976 the discussion of the second lieutenancy position on the public Safety Department. MOVED by Swartz, seconded by Thorsen and carried to authorize the City Man- ager to defer the appointment of the second lieutenant position until the council determines what the long range structure of the Public Safety Depart- ment will be. 240 Regular Meeting of the City Council, December 15, 1975 Licenses Approved: MOVED by Anderson, seconded by Thorsen and carried to approve the license list as submitted by the City Clerk with the addition of an exempt solicit- ing license #3778 for the Church of the Latter Day Saints. Councilmember Thorsen abstained from approval of the license for Big B's Pizza and Council - member Swartz abstained from approval of the Lupient Oldsmobile and Heilicher Brothers licenses. LICENSES FOR APPROVAL Dec. 15x 1975 No. Licensee Type Fee 3735 Ron-Vik, Inc. Cigarette $ 12.00 3736 Valley Drugs It 12.00 3737 Golden Valley Lanes it12.00 3738 Metro 300, Inc. " 12.00 3739 Golden Hills Drug Store It 12.00 3740 Fluidyne, Inc. (Midwest Vend Co.) " 12.00 3741 Grotta's Union 76 It 12.00 3742 Krown Foods, Inc. at Jax of G.V. 12.00 3743 My Pie 12.00 3744 Rosy's Liquors " 12.00 3745 Walgreen Drug " 12.00 3746 Brunswick Carriage House Lanes 12.00 3747 Lee's Catering Co. 12.00 3748 Westwood Hills Service " 12.00 3749 Golden Valley Health Center 12.00 3750 F. & H. Liquor Store '" 12.00 3751 Golden Valley Sports Center 12.00 3752 Cramer's Food Mart 12.00 3753 B. & J. Vending Service at 8941 10th 12.00 3754 States Electric (B.&J. Vend Serv.) 12.00 3755 Eldon's Auto Service " 12.00 3756 Westview Liquors 12.00 3757 Metro "500", Inc. 12.00 3758 Big B's Pizza 12.00 3759 Liquor Warehouse, Inc. " 12.00 3760 Lupient Oldsmobile 12.00 3761 Queens Plaza Liquors, Inc. 12.00 3762 The Company Store, Inc. 12.00 3763 Winnetka Coffee Kup 12.00 3764 Q Petroleum Corp. 12.00 3765 Harlan's Spur 12.00 3766 Golden Valley Steak House 12.00 3767 Heilicher Bros. 12.00 3768 Liberty Carton 12.00 3769 Golden Valley Golf Club " 12.00 3770 Lakeland Eng. Equip. Company Vend NP Exempt 3771 Col. Acres Nursing Home - 7 UP Vend NP 7.50 3772 Krown Foods, Inc. Food Est. 100.00 3773 Egan & Sons Air Cond. Co. Cigarettes 12.00 3774 Pako Corp. (ARA Services) it12.00 3775 H. Salt Esq. Fish & Chips It 12.00 3776 Malik's Union 76if o0 10.00 3777 L. Monty Carlson Solicit - World Books 3778 Church of Latter Day Saints Solicit Exempt 1 Regular Meeting of the City Council, December 15, 1975 Northwest Human Services - Joint Powers Agreement: Member Anderson introduced and read the following resolution and MOVED its adoption: RESOLUTION (Resolution to Create the Northwest Hennepin Human Services Council through a Joint and Cooperative Agreement) 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, Hoover, Swartz and Thorsen and 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_ _1.3 November Budget Report - Transfers and Reserves: MOVED by Swartz, seconded by Thorsen and carried to receive and file the November Budget Report as submitted. MOVED by Anderson, seconded by Swartz and carried to authorize the request- ed adjustments to the 1975 budget as submitted by the Finance Director. MOVED by Anderson, seconded by Thorsen and carried to approve the request to reduce the 1975 budget to re -appropriate them to the 1976 budget. Ponding - South of Lions Park: MOVED by Anderson, seconded by Swartz and carried to authorize the City Mana- ger to proceed to obtain an appraisal on the Alexander property. MOVED by Anderson, seconded by Swartz and carried to authorize the City Mana- ger to obtain an appraisal on the portion of the Neslund property south of Lions Park. Quotations - Hydraulic Frost Breaker: The City Manager presented three quotes received for an hydraulic frost breaker from the following: Long Lake Ford, $3,575,; Allied Steel Products, $4,125; and Hayden -Murphys $4,063., and recommended purchase be made through Hayden -Murphy. MOVED by Swartz, seconded by Anderson and carried to purchase the frost breaker from Hayden -Murphy as recommended by the City Manager. Cost Projection - Three Fire Station Operation: MOVED by Swartz, seconded by Anderson and carried to receive and file the cost projection report as submitted by the Public Safety Director. MOVED by Anderson, seconded by Swartz and carried to direct a copy of the report to Ray Stockman, chairman of the Northeast Fire Station Committee. Regular Meeting of the City Council, December 15, 1975 Golden Valley Health Center - Land Reclamation Permit Renewal: MOVED by Anderson, seconded by Swartz and carried to approve the fill permit renewal with the same stipulations as set forth by the Environmental Commis- sion. Planning Commission Minutes - November 11, 1975: MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission of November 11, 1975. Transportation Options Committee Minutes - November 13,_1975.: MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Transportation Options Committee of November 13, 1975. Civil Service Commission Minutes - December 4, 1975: MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Civil Service Commission of December 4, 1975. Board of Zoning Appeals Minutes - December_ 9, 1975: MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Board of Zoning Appeals of December 9, 1975. Rosemary Thorsen Memo: MOVED by Anderson, seconded by Swartz and carried to receive and file the memo defining Open Space from Councilmember Thorsen and refer to the Park and Recreation Commission and the Open Space Commission for their review and recommendations for approval or comments. Southeast Fire Station Committee Minutes - November 13L_1975: MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Southeast Fire Station Committee of November 13, 1975. Environmental Commission Minutes - December 8, 1975: MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Environmental Commission of December 8, 1975 and request the commission to continue to research the proposed ordinance considering excep- tions being made for control of nuisances and prepare a documented recommend- ation to the council. Housine and Community„ Development Committee Minutes - December 10, 1975: MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Housing and Community Development Committee of December 10, 1975. Regular Meeting of the City Council, December 15, 1975 Approval of Bills: MOVED by Swartz, seconded by Thorsen and carried to approve the payment of the verified accounts as submitted on the prelist. Adjournment: MOVED by Anderson, seconded by Swartz and carried to adjourn to December 29, 1975 to discuss wages and salaries and to December 31, 1975 to sign the year end register. The council adjourned at 2:15 a.m. Attest: lzh'L�LtL -/J I -A0 I City Cl#k 1 Mayor