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07-19-76 City Council MinutesREGULAR MEETING of the CITY COUNCIL July 19, 1976 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 July 19, 1976 at 6:30 P.M. The following members were present: Anderson, Hoover, Johnson, 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 - July 6, 1976 MOVED by Anderson, seconded by Johnson and carried to approve the minutes of July 6, 1976 as corrected. Town_ Meeting '76 Retort - D. Thomsen Mr. Don Thomsen, Chairman of the Bicentennial Town Meeting '76 appeared before the Council to present his report on the Town Meeting '76. Mr. Brad Finch briefly explained the budgetary problems encountered by the Committee and requested a contribution from the City to meet their financial commitments. MOVED by Anderson, seconded by Johnson and carried to request the steering committee of Town Meeting '76 to continue with their project for a six month period to review and interpret the data collected and submit a formal report to the Council. MOVED by Swartz, seconded by Anderson and carried to transfer $500.00 from the Contingency Fund to the Bicentennial Budget. MOVED by Johnson, seconded by Thorsen and carried to make a contribution of $240.00 for the Town Meeting '76 from the Bicentennial Budget. Approval of Verified Accounts MOVED by Swartz, seconded by Thorsen and carried to approve payment of the verified accounts as submitted on the prelist. Claim - Bernard.Schreiberg - Sewer Back -Up MOVED by Swartz, seconded by Johnson and carried to receive and file the claim submitted by Mr. Bernard Schreiberg. Claim - Stephen Bouchard - Lot Division MOVED by Anderson, seconded by Johnson and carried to receive and file the claim submitted by Stephen Bouchard and request the City Attorney to respond to the claimant in regard to the City's responsibility in the matter. Approval of Licenses Regular Meeting of the City Council, July 19, 1976 LICENSES FOR APPROVAL July 19, 1976 No. Licensee Type Fee 4246 Byerly Foods Food Vehicle Per. $15.00 4247 Johnson's Sanitation Garbage 26.00 4248 Dale VanCleave Peddler with Car 11.00 (art work) MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of the licenses as submitted by the City Clerk. B.C.F.C.C. Minutes - June 17, 1976 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of June 17, 1976. Call Public Hearing - General Plan ADDroval - Health Central MOVED by Anderson, seconded by Johnson and carried to call a public hearing to consider the general plan approval for Health Central for August 16, 1976. The Council requested the Mayor to direct a letter to the Park and Recreation Commission and the Environmental Commission for input regarding this P.U.D. to be submitted to the Council the Thursday before the hearing rather than to the developer. Housing and Community Development Commission Minutes - July 7 and 14, 1976 Moved by Johnson, seconded by Swartz and carried to receive and file the minutes of the Housing and Community Development Commission of July 7 and 14, 1976. Human Rights Commission Minutes - July 8= 1976 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Human Rights Commission of July 8, 1976. MOVED by Swartz, seconded by Anderson and carried to request the Mayor to direct a letter to the Chairman of the Human Rights Commission indicating that the Council has not and does not intend to ask Boards and Commissions for nominees to the Ethics Committee but applications will be submitted to the City Clerk. MOVED by Thorsen, seconded by Anderson and carried to request the Mayor direct a letter to the Commission Consultant, Mr. Gene Sylvestre indicating that the Council has not specified any amount to be designated for a Youth Employment Service. The Council determined to place on the agenda of August 2, 1976 discussion of subcommittees for Commissions and the review of guidelines for Commissions. Safety Council Minutes - June 28, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Safety Council of June 28, 1976. Regular Meeting of the City Council, July 19, 1976 C.L.I.C. Minutes June 15, 22, and 29 and July 13, 1976 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Capital Long -Range Improvement Committee of June 15, 22 and 29 and July 13, 1976. Board of Zoning Appeals Minutes - July 13, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Board of Zoning Appeals of July 13, 1976. Trevilla of Golden Valley —Re:_ Waiver Extension MOVED by Swartz, seconded by Johnson and carried to receive and file the letter received from Trevilla of Golden Valley and accept the withdrawal and terminate any waiver or plat approval previously given. Metro Council - Re: Population Estimate for Tax Levy Limitations MOVED by Anderson, seconded by Johnson and carried to receive and file the communication from the Metropolitan Council regarding the Population Estimate for Tax Levy Limitations. Department of Natural Resources - Re: Request for Permit Consideration MOVED by Anderson, seconded by Swartz and carried to receive and file the communication from the Department of Natural Resources and request the Engineer send a letter asking for notification from the Department before construction commences and also at the completion of the construction of the retaining walls. B.Z.A. Resignation - LeRov Anderson MOVED by Anderson, seconded by Johnson and carried to receive and file the letter received from the Chairman of the Board of Zoning Appeals in regard to the resignation of LeRoy Anderson. Edwards and Kelcey_,_Re: Flood Insurance Studies MOVED by Anderson, seconded by Thorsen and carried to receive and file the communication from Edwards and Kelcey, Inc. notifying the Council of a flood insurance study that will be conducted by this firm. Rezone - 7931-8021 Wayzata Blvd. (Business and Professional Office The City Clerk presented an affidavit showing publication in the official news- paper of the notice of public hearing on rezoning of the property located at 7931-8021 Wayzata Blvd. from Open Zoning to Business and Professional Office Zoning. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Mr. Warren Lundsgaard representing the Planning Commission appeared before the Council to present the findings of the Planning Commission in regard to the proposed rezoning. Regular Meeting of the City Council, July 19, 1976 Mr. Thorpe Sr., president of Thorpe Bros. Realtors, formally requested re- zoning of the property for the purpose of a two story professional building for his firm. The Mayor then announced that the meeting was open for public hearing on the proposed rezoning and all persons present to do so were afforded opportunity to express their views thereon. Mrs. R. E. Bolling, 1101 Wisconsin expressed concern for the traffic problems already present with the existing commercial establishments adjacent to that area. Dave Messer, 1120 Wisconsin questioned the need for two stories and how high the proposed building would be. He also asked what kind of screening would be provided. Charles J. Radloff, architect of Radloff Associates presented two site plans as prepared for the proponent. Dale Gustafson, 1030 Wisconsin asked what the zoning plans are for the area surrounding this rezoning site. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Swartz and carried to bring on for a first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Business and Professional Office Zoning District - Thorpe Bros. Inc.) MOVED by Anderson, seconded by Swartz and carried to approve the amendment 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 Johnson - Yes Thorsen - Yes Easement Vacation - 1815 Noble Drive (Proponent Request to Defer) MOVED by Anderson, seconded by Johnson and carried to defer the easement vacation for 1815 Noble Drive to the Agenda of August 2, 1976 as requested by the proponent. Sherwin Alpert - B.Z.A. Appeal - 1530 W. Constance Drive Mr. Mike Sell, Chairman of the Board of Zoning Appeals appeared before the Council to present the findings of the Board in regard to this appeal. The Mayor then opened the meeting for comment from persons present in regard to the appeal. Regular Meeting of the City Council, July 19, 1976 Mr. A. L. Robertson, 1541 W. Constance Drive expressed opposition to the grant of the appeal. Robert L. Schultz, 1520 W. Constance Drive explained his approval of the addition to the Alpert home as the owner of the property adjoining the Alpert residence. MOVED by Anderson, seconded by Swartz and carried to grant the appeal for a five foot waiver to a ten foot setback from the north property line for the construc- tion of a two car garage and family room to the Alpert residence on the condition that the current structure be removed prior to constructionand the proposed addition be constructed not closer than twenty feet from any existing structure other than that of the home it will adjoin. Lon Heinitz - Forseth Realty - Request for Council Finding MOVED by Anderson, seconded by Swartz and carried to accept the proponent's request that the communication be withdrawn. R. Haskvitz - Re: Dover Hill MOVED by Anderson, seconded by Thorsen and carried to receive and file the communication received from the Chairman of the Human Rights Commission, Mr. Ron Haskvitz in regard to Dover Hill. Councilmember Swartz requested permission to leave the table in regard to his possible conflict of interest on this item. The Council briefly discussed the letter directed to the Executive Director of the Minnesota Housing Finance Agency by Mr. Haskvitz of July 8, 1976. MOVED by Johnson, seconded by Thorsen and carried to request the Mayor to contact Mr. Haskvitz for clarification of his letter of July 8, 1976. Crystal Resolution - Re: Medicine Lake Road MOVED by Anderson, seconded by Thorsen and carried to receive and file the communication from the City of Crystal in regard to Medicine Lake Road. June Budget Report MOVED by Swartz, seconded by Thorsen and carried to receive and file the June Budget Report as submitted. M. Buranen - Re: Option on Property at Boone and Plymouth The City Council briefly discussed the option held on the property at Boone and Plymouth. MOVED by Swartz, seconded by Thorsen and carried that the Council not accept the option offer as presented by Mr. Buranen. Regular Meeting of the City Council, July 19, 1976 MOVED BY Anderson, seconded by Johnson and carried to request the Housing and Community Development Commission pursue with the Metropolitan Housing Redevelopment Authority the possibility of using the Housing and Community Development funds for land acquisition. Request Authorization for Short Term Government Investments MOVED by Swartz, seconded by Johnson and carried to authorize the Mayor, Manager and Treasurer to invest in Short Term Government Securities by means of an electronic telephone transfer. Quotations - Poles for Driving Range The City Manager presented quotations received on poles for the Brookview Driving Range and recommended the purchase be awarded to Bell Lumber and Pole Company in the amount of $732.40. MOVED by Johnson, seconded by Thorsen and carried to award purchase to the Bell Lumber and Pole Company as recommended by the City Manager and appropriate $735.00 from Brookview Fund for the purchase. South Trunk Storm Sewer - Drainage and Assessment Area The City Council reviewed a map presented by the City Engineer outlining a storm sewer assessment area for the south trunk of Bassett Creek. MOVED by Anderson, seconded by Johnson and carried to call a public hearing on 77 -SS -1 for the entire assessment area for August 17, 1976 at 7:30 P.M. MOVED by Anderson, seconded by Johnson and carried to request the Staff prepare an informational meeting for citizens interested in the proposed Storm Sewer Improvement for August 11, 1976 at 7:30 P.M. State Health Department Agreement on Food Licensing The City Manager informed the Council of a proposed agreement with the State in regard to the licensing of food establishments in the City. MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and Manager to enter into an agreement with the State of Minnesota Health Department in regard to licensing of local food establishments. Cancel Public Hearin - Preliminary Plat - Florida Addition 8/2/76 MOVED by Johnson, seconded by Thorsen and carried to cancel the public hearing tentatively set for August 2, 1976 as requested by the proponent. Estimate of Excavating Pond - DeCola's Wildwood Estate MOVED by Anderson, seconded by Thorsen and carried to receive and file the estimates presented by the City Engineer in regard to the excavation of the pond in the DeCola Wildwood Estates and place it under consideration for a 1977 budget item. LJ 1 Regular Meeting of the City Council, July 19, 1976 Elstad Property Development - South of Cortlawn Circle (from 7/6/76) The Council discussed policy questions relating to the development of the Elstad Property that is pending. MOVED by Johnson, seconded by Thorsen and carried to submit the following five point statement regarding recommendations to the Planning Commission on ponding requirements in regard to this development. 1. Council feels that 50 feet should be the minimum green area north of Laurel Avenue, which would enable our trail systems to continue; 2. That the City may be willing to acquire approximately fifty percent of the site for ponding; 3. That the number of lots which abut the pond should be kept to a minimum because of the problems that the City has experienced in the past with this type of arrangement; 4. That the City would be flexible in area reduction of the lots adjacent to the ponding and green strip if these minimum green areas or ponding were increased; 5. That all costs of development of this Plat should be borne by the developer. The Staff has knowledge of these potential costs of development and can communicate this if desired. Suburban Rate Authorit The Council briefly discussed the advisability of remaining as a member of the Suburban Rate Authority. MOVED by Johnson, seconded by Thorsen and carried to direct the represant- ative to the Suburban Rate Authority, Councilmember Anderson, to advise the Authority of the withdrawal of the City of Golden Valley. E. Oakland - Re: Election Judges MOVED by Swartz, seconded by Johnson and carried to receive and file the letter from Elaine Oakland in regard to the appointment of election judges for the upcoming Fall elections. M. Anderson - Re: Dutch Elm Disease Program The Council briefly discussed alternative programs possible in dealing with the Dutch Elm Disease. MOVED BY Anderson, seconded by Thorsen and carried to ask the Park and Recreation Department to explore other alternatives possible in dealing with the Dutch Elm Disease problem. Comprehensive Plan Transportation Section The Council determined to place a discussion of the Transportation portion of the Comprehensive Plan on the agenda of August 2, 1976 under the Mayor and Council items. Regular Meeting of the City Council, July 19, 1976 Scott Avenue Storm Sewer Cost Distribution The Council briefly discussed the ability of the City to prepay the construc- tion of the Scott Avenue Storm Sewer. The Council requested the Mayor contact individuals in the State Highway Department to negotiate alternative payment_ possibilities for the State Highway Department's share of construction. The Council adjourned at 11:00 P.M. to reconv to meet with the Building Board of Review. Attest: City Cle . Mayor 976 fl 1