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12-06-76 City Council MinutesREGULAR MEETING of the CITY COUNCIL December 6, 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 December 6, 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 - November 15, 1976 MOVED by Anderson, seconded by Johnson and carried to approve the minutes, of the regular meeting of November 15, 1976 as corrected. ADDroval of Licenses MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of licenses as submitted by the City Clerk. LICENSES FOR APPROVAL December 6, 1976 No. Licensee Type Fee 4283 Lupient Oldsmobile Co. Itinerant Food $13.00 4284 Rudy Luther's G M C Itinerant Food 11.00 4285 The Salvation Army Solicit, magazines Exempt 4286 Golden Valley Mobil Service Filling Station 55.00 4287 Henrietta Hansen Cigarettes 12.00 4288 Golden Valley Sports Center Cigarettes 12.00 4289 Log Cabin Service it of 4290 Tyrol West Bldg. if It 4291 Perkin's Cake & Steak House Ifit 4292 Westview Liquors 4293 Red Owl Stores, Inc. " 4294 Fluidyne, Inc. " 4295 Westview Superette " to 4296 Minneapolis Clinic " " 4297 Continental Minnesota " of 4298 Product Design & Engineering 4299 Woodfill Services 4300 Hoban Properties 4301 Burger King " 4302 Golden Valley House 4303 Winnetka Coffee Kup " 4304 7 Eleven Store " 4305 Q Petroleum Corporation 4306 Cork 'n Cleaver " 4307 Mpls. Elks Club 044 " 4308 Cramer's Food Mart " 4309 Bert's Golden Valley Mobil " 4310 Lupient Oldsmobile MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of licenses as submitted by the City Clerk. Regular Meeting of the City Council, December 6, 1976 Councilmember Swartz abstained from voting on approval on the licenses for Lupient Oldsmobile. Approval of Verified Accounts MOVED by Thorsen, seconded by Anderson and carried to approve payment of the verified accounts as submitted on the prelist. Human Rights Commission Minutes -_November 11, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Human Rights Commission of November 11, 1976. Environmental Commission - Re: Proposed Noise Ordinance Mr. Wallace Klovstad, Chairman of the Environmental Commission appeared before the Council to discuss the proposed noise ordinance. Also appear- ing before the Council was Mr. Al Perez, Chief of the Noise Pollution Control Division of the Minnesota Pollution Control Agency. Mr. Kenneth Wofford, 1610 Winnetka Avenue North, requested that he be advised of any hearings in regard to the problem of the Noise Pollution Ordinance for his testimony. MOVED by Swartz, seconded by Johnson and carried to request the staff to analyze the proposed Ordinance and submit suggested alternatives by the second Council meeting in February. Park & Recreation Commission Minutes - October 28, 1976 Open Space & Trail Committee Minutes - October 20, 1976 MOVED by Anderson, seconded by Swartz and carried to receive and file the minutes of the Park & Recreation Commission of October 28, 1976, and the Open Space and Trail Committee minutes of October 20, 1976. Planning Commission Minutes - November 22, 1976 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission of November 22, 1976. Call Public Hearing - Westwood Office Park - Preliminary Plat & Zoning MOVED by Anderson, seconded by Johnson and carried to call a public hear- ing for the purpose of reviewing the preliminary plat and rezoning the property included in the Westwood Office Park from Industrial to Business and Professional Office zoning to be heard on January 3, 1977. Housing & Community Development Commission Minutes - November 24_1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Housing & Community Development Commission of November 24, 1976. Regular Meeting of the City Council, December 6, 1976 Pro os ed Ordinance Amendment - Council Salary Increase The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on the proposed Council salary in- crease. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then announced the meeting be open for public input on said Council Salary Increase Ordinance Amendment and persons present to do so were afforded the opportunity to express their views thereon. Mr. Jim Fiorentino, 5630 Woodstock asked if any Councilmembers were de- pendent on their Council salary as it relates to the cost of living in- crease. Mr. Robert Zitur expressed opposition to increase in the salaries of the Councilmembers. Mr. Kenneth Wofford, 1610 Winnetka Avenue North stated that the decision to be made by the Council is a matter of conscience. The Mayor then closed the public hearing. MOVED by Johnson, seconded by Swartz and carried to defer further consider- ation of this proposed Ordinance amendment to the second meeting in January, 1977. Valley Wood Preliminary Plat (from 11/1/76) MOVED by Swartz, seconded by Johnson and carried to approve the preliminary plat as submitted by the proponent. MOVED by Anderson, seconded by Johnson and carried to request the staff to submit an explanation of the ramifications of closing or moving the highway access westerly or widening the service road to be submitted to the Council before receipt of the final plat if possible. Mr. Jim Fiorentino, 5630 Woodstock expressed concern in regard to the traffic problem in relationship to the plat. Platting Waiver - 6448-6470 Glenwood Avenue MOVED by Swartz, seconded by Thorsen and carried to grant the platting waiver as recommended by the Planning Commission with the condition that the utility easements for water and sewer be recorded and the shed on the western part of the parcel be removed and the following legal descriptions be assigned to the newly divided lots: Parcel A - 6470 Glenwood Avenue: That part of Lot 5, "Auditor's Subdivision Number 322, Hennepin County, Minnesota" lying West of the following described line: Commencing at the Northeast corner of said Lot 5; thence on an assumed bearing of West along the North line of said Lot 5 a dis- tance of 50.60 feet to the point of beginning of the line to be Regular Meeting of the City Council, December 6, 1976 0 described: thence South 11 04'52" West to the South line of said Lot 5 and there terminate. Also that part of Lot 6, "Auditor's Subdivision Number 322, Hennepin County, Minnesota" lying East of the following des- cribed line and its Southerly extension: Beginning at the Northwest corner of hot 5, said Auditor's Subdivision Number 322; thence South 24622'27" West to the South line of said Lot 6 and there terminate. For the purpose of this description the East line of said Lot 6 is assumed to have a bearing of North. Subject to easements of record, if any. Parcel B - 6448 Glenwood Avenue That part of Lot 5, "Auditor's Subdivision Number 322, Hennepin County, Minnesota" lying East of the following described line and its Southerly extension: Commencing at the Northeast corn- er of said Lot 5; thence on an assumed bearing of West along the North line of said Lot 5 a distance of 60.60 feet to the tint of beginning of the line to be described; thence South 11 04'52" West to the South line of said Lot 5 and there terminate. Sub- ject to easements of record, if any. Board of Zoning Appeals - Liberty Carton Mr. Ben Fiterman representing the Liberty Carton Company was present to request an appeal to the decision of the Board of Zoning Appeals. MOVED by Thorsen, seconded by Swartz and carried to deny the appeal as requested. Councilmember Johnson voted nay. MOVED by Swartz, seconded by Thorsen and carried to refer the question of applicability of energy conservation in the City Code to the Building Board of Review for study and recommendation using the Liberty Carton appeal as an example of questions being posed as regards energy conser- vation and asthetics. Board of Zoning Appeals - Animal Humane Society Mr. Alan T. Stensrud proponent for the Animal Humane Society appeared in regard to an appeal the Board of Zoning Appeals decision. MOVED by Anderson, seconded by Thorsen and carried to refer this item to the Board of Zoning Appeals for reconsideration with the stipulation that the Council is taking this step because they are not aware if the propon- ent negotiated an alternative. R.S.L. 73 - Valders & Orkla Drive The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on the proposed public improvementts. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Engineer briefly backgrounded the residential street lighting project on Valders and Orkla. Regular Meeting of the City Council, December 6, 1976 The Mayor announced the meeting was open for public hearing on said resi- dential street lighting and persons present to do so were afforded the opportunity to express their views thereon. Mr. Roy Johnson, 1049 Orkla Drive expressed opposition to the installation of the lights. Mr. Dave Forse, 1100 Valders Avenue North, stated that he had not been con- tacted in regard to street lighting but is in favor of installation of lights in that area. Mike Sell, 1400 Valders Avenue No., stated his approval of the street light installation. Mr. Stan Rustad, 1114 Orkla Drive also approved of installation of lighting further west on Orkla Drive. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Johnson and carried to deny the request as submitted because of the policy favoring larger lighting districts in regard to installation of residential street lighting. Eileen Hedberg - Re: Election JudgLes The Council briefly discussed letters received from two election judges in regard to problems encountered during the general election. MOVED by Johnson, seconded by Anderson and carried to bring on for a first reading an Ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Establishing New Election Precincts) MOVED by Anderson, seconded by Johnson 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 Johnson - Yes Hoover - Yes Swartz - Yes Thorsen - Yes ADDlication to Solicit Funds - Unification Church MOVED by Swartz, seconded by Anderson and carried to defer approval of the application to solicit funds from the Unification Church until the court case which has been instigated as a result of the proponent soliciting prior to the approval of a license, has been resolved. The Council requested the attorney to advise the proponent that no action has been taken due to the court case and if they wish to pursue approval of the license they must appear to submit their request in person. Regular Meeting of the City Council, December 6, 1976 Schraber/Gemlich - Re: Storm Sewer The City Council briefly discussed the problems encountered in the construc- tion of storm sewer at Kentucky and Western. MOVED by Johnson, seconded by Swartz and carried to request the City Engineer and City Attorney to determine if the cost of condemnation can be assessed to to persons directly affected by the improvement of installation of storm sew- er and report back to the Council at the meeting of December 20, 1976. Bid Opening - 12/6/76 - Aerial Topographic Maps The City Manager advised the Council of the results of the bid opening of December 6, 1976 for Aerial Topographic Maps. MOVED by Swartz, seconded by Thorsen and carried to award to the low and only bidder Mark Hurd Aerial Photos in the amount of $24,300.00. Volunteer Fire Organization The Council briefly reviewed the position paper presented by the City Manager in regard to the operation of the Volunteer Fire Organization. MOVED by Johnson, seconded by Thorsen and carried to note approval of the position paper as presented by the City Manager. Planning - St. Louis Park - Hwy. 12 & Turners Crossroad The Council discussed a situation encountered regarding the planning group authorized by the City of St. Louis Park to offer alternatives to the Hwy. 12 & Turners Crossroad intersection. MOVED by Johnson, seconded by Anderson and carried to contact the property owners in that area to meet with the City Engineer and the State Hwy., Representative to offer alternative suggestions to solutions at that inter- section. Annual Weed Report - Mayor Hoover MOVED by Thorsen, seconded by Swartz and carried to receive and file the Annual Weed Report as submitted by Mayor Hoover. Swanson and Associates - Re: B.Z.A. peal MOVED by Anderson, seconded by Swartz and carried to defer the discussion of this matter to the first meeting in January, 1977 as requested by the proponent. J. Brekke - Re: Resignation from Human Rights Commission MOVED by Anderson, seconded by Johnson and carried to receive and file the letter of resignation as received from Mr. John Brekke and request the City Clerk to send a letter of appreciation to Mr. Brekke for his services to the Human Rights Commission. Regular Meeting of the City Council, December 6, 1976 Dr. R. J. Fredsall - Call Public Hearin - 520 Westwood Dr. So. 2-22-77) Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION (Providing for Public Hearing on Certain Proposed Public Improvements) 77SS4 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following mem- bers voted in favor thereof: Anderson, Hoover, Johnson, 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 - $ 3 . Tax Forfeited Land Sale Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE OF TAX FORFEITED LAND The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 _Z8q Member Swartz introduced the following resolution and MOVED its adoption: RESOLUTION (Tax Forfeit Property Sale) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 2LL Bid Opening - 12/1/76 -Group Health Maintenance Program The City Manager advised the Council of the tabulation of bids as received on December 1, 1976 for Group Health Maintenance. MOVED by Anderson, seconded by Johnson and carried to award the Group Health Maintenance Organization contract to Group Health Plan, Inc. Resolution AvDrovine Revised Emergency Plan Member Johnson ''introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING REVISED GOLDEN VALLEY EMERGENCY PLAN Continued: Regular Meeting of the City Council, December 6, 1976 The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 L9] 1977 Suburban Nursing Service MOVED by Anderson, seconded by Swartz and carried to amend the 1977 budget to increase by $4,200.00 the Health Services Funds and to show estimated receipts of $4,200.00 from Community Health Services Acta Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 2_Z9 Renewal of Interceptor Maintenance Anreement MOVED by Thorsen, seconded by Johnson and carried to authorize the Mayor and Manager to sign the Interceptor Maintenance Agreement Number 54 with the Metropolitan Waste Commission. Quotations - Public Safety Building Intercom The City Manager presented the quotations as received for the Public Safety Building intercom. They were as follows: Hauenstein-Burmeister Electronic Design Co. Electronic Design Co. Electronic Design Co. (Ektacom) - $2,845.00 - 3,101.00 (Aiphone) - 3,714.00 (Rauland) - 4,989.00 MOVED by Swartz, seconded by Thorsen and carried to award purchase to low bidder as recommended by the City Manager, Hauenstein-Burmeister at $2,845.00. Attorney Opinion - Re: Valley Square Moratorium MOVED by Thorsen, seconded by Johnson and carried to receive and file the opinion submitted by the attorney regarding the Valley Square Mora- torium. MOVED by Anderson, seconded by Johnson and carried to place discussion of this matter on the agenda of December 20, 1976 and request the staff submit comment on a possible moratorium. Mayor Hoover voted nay. Regular Meeting of the City Council, December 6, 1976 Anti Recession Revenue Sharia& - Ap_propriations MOVED by Anderson, seconded by Swartz and carried to designate the appropri- ation of the City's current and future allocations from Anti -Recession Reven- ue Sharing program to the Comprehensive Planning and Community Development Budget for 1977. Commission Guidelines - Responses from Commissions MOVED by Anderson, seconded by Johnson and carried to refer comments received by Commission Chairman to Councilmembers Swartz and Thorsen for the purpose of summarizing for the December 20, 1976 Council meeting. The Council determined to set January 11, 1976 as the day to meet with the Commission Chairman to discuss Commission operation and 1977 appointments. Medicine LakeLmRrovements MOVED by Anderson, seconded by Swartz and carried to place this matter on the agenda for the first meeting in February to set a date for a hearing on the improvements. Council Action on Commission Non -Attendance MOVED by Johnson, seconded by Thorsen and carried to declare the Human Rights Commission appointments of Barbeau, Brown, and Pieper terminated due to poor attendance and lack of response by the individuals to a letter sent to them regarding this matter. The Council determined to place on the agenda of December 20, 1976 appoint- ments to the Human Rights Commission to fill these vacancies. Ronald Haskvitz - Re: Group Home Ordinance & Youth Committee MOVED by Swartz, seconded by Johnson and carried to request the staff to prepare a proposed Group Home Ordinance and Shelter Ordinance in regard to the letter received from the Human Rights Commission Chairman Ronald Hask- vitz dated November 15, 1976. David Kahn - Re: Community Education Advisory Council - District 281 MOVED by Anderson, seconded by Johnson and carried to receive and file the letter received from Mr. David Kahn and request that he attend the upcoming meeting of the District 281 Community Education Advisory Council and Council - member Thorsen will make a recommendation at the next meeting regarding his appointment to that Council. Appointments to N.W H.S. Council The Council determined to defer these ber 7, 1976. Appointments to Ethics Committee The Council determined to defer these ber 7, 1976 also. appointments to the meeting of Decem- appointments to the meeting of Decem- 1 1 Regular Meeting of the City Council, December 6, 1976 Meeting w—it h,Le-i—Sl —at ors - 12/16/76 Boulevard The Council determined to meet with the Legislators at the Boulevard Restaurant at 7:00 a.m., on December 16, 1976. The Council adjourned at 1:10 a.m. Attest .I:..J_- .._ City�' Cle k n 1 Mayor