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02-07-77 City Council Minutes1 REGULAR MEETING of the CITY COUNCIL February 7, 1977 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 February 7, 1977 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 - January 17, 1977 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of the regular meeting of the Council of January 17, 1977 as corrected. Approval of Minutes - January 25,� 1977 MOVED by Swartz, seconded by Thorsen and carried to approve the minutes of the special meeting of January 25, 1977 as submitted. Approval of Verified Accounts MOVED by Anderson, seconded by Swartz and carried to approve payment of the verified accounts as submitted on the prelist. Claim - Travelers Insurance CM!U „- John Hanson Attorney. Mayor Hoover requested permission to remove himself from the table during discussion of this matter in regard to a possible conflict of interest. MOVED by Anderson, seconded by Thorsen and carried to receive and file and refer to the insurance carrier and the City Attorney the claim received from Travelers Insurance Company and John Hanson Attorney. Approval of Licenses LICENSES FOR APPROVAL Feb. 7, 1977 NO Licensee Type Fee 4378 Golden Hills Liquor Cigarettes $24.00 4379 Reed Drug " 12.00 4380 Chester Bird Am. Legion Post of 12.00 4381 Eldon's Auto Service " 12.00 4382 Edina Realty, Inc. Vending P 15.00 4383 Edina Realty, Inc. Vending NP 5.00 MOVED by Thorsen, seconded by Johnson and carried to approve the issuance of the licenses as submitted by the City Clerk. Councilmember Anderson abstained from voting on the licenses for Edina Realty. i Regular Meeting of the City Council, February 7, 1977 Housing & Community Development Commission Minutes - January 12 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Housing & Community Development Commission of January 12, 1977. Human Rights Commission Minutes - January 13, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Human Rights Commission of January 13, 1977. Park & Recreation Commission Minutes - January 20, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Park and Recreation Commission of January 20, 1977. VaIJR Square Commission Minutes - January 18, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Valley Square Commission of January 18, 1977. Plannina Commission Minutes - January 24. 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission of January 24, 1977. MOVED by Thorsen, seconded by Johnson and carried to communicate to the Park and Recreation Commission the recommendation that they add a Section D. under Article 1, to state "all meetings of the commission shall be open to the public with due notice given". MOVED by Anderson, seconded by Johnson and carried to communicate to the Boards and Commissions that the Council would request them to prepare rules of procedure for their individual Board or Commission and submit them to the Council for review before the first meeting in April. Park Board - Re: Dutch Elm 1977 Program Janet Duebner, chairperson of the Park & Recreation Commission presented the report to the Council on the recommendations of the Commission regard- ing the 1977 Dutch Elm Disease Program. The Council commended the Park & Recreation Commission for the excellent work done in compiling the report. MOVED by Anderson, seconded by Johnson and carried to receive and file the report and request the staff to submit to the Council recommendations for implementation of the proposed program as soon as possible after any action taken by the State Legislature. I Regular Meeting of the City Council, February 7, 1977 Ordinance Amendment - Counc,-,il Salary Increase - 2nd 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 (Adopting a New Salary Schedule for Members of the City Council and Mayor) MOVED by Thorsen, seconded by Johnson and carried to approve the amendment to the ordinance herein quoted by title on second reading and order publi- cation thereof. 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 See Ordinance Book page Preliminary Plat - Curry!-Tieva Addition The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said preliminary plat. Said affi- davit was then examined approved and ordered filed in the office of the City Clerk, Mr. Don Hughes, representing the Planning Commission presented the findings of the Commission in regard to this plat. The proponents, David Curry and Richard Tieva appeared before the Council to request approval of the preliminary plat. The Mayor then opened the meeting for public input on the preliminary plat and persons present to do so were afforded the opportunity to express their views thereon. Maureen Nielsen, 6150 Wynnwood Road expressed concern about the drainage in the area. Arland D. Brusven, 6107 Heritage Circle expressed support of the proposed plat. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Johnson and carried to approve the prelimin- ary plat subject to the Planning Commission conditions: (1) no variances to be granted for the proposed structures, (2) requirements of the Engin- eering Department be met, (3) all properties related to the plat become part of the plat, (4) all costs should be borne by the new lots and (5) 10% dedication or cash in lieu of. U& Regular Meeting of the City Council, February 7, 1977 W. H. Varner - Re: Housing & Community Development Funds MOVED by Swartz, seconded by Thorsen and carried to'receive and file the communication from W. H. Varner regarding the Housing & Community Devel- opment Funds. Housing & Community Development Block Grant Hearing #2 Mona Moede, chairperson of the Housing and Community Development Commission briefly reviewed the proposed allocations of the Community Block Grant Funds. The Mayor then opened the meeting for public input from those present in regard to recommendations for use of the funds. Leroy Jarvis, 2400 Rhode Island Avenue requested approval of the funding of the senior citizens program as submitted. Joyce Orbach, 3920 Glenwood requested approval of the funding for the Youth Employment Service as proposed. Robert Zitur, 2155 Aquila Avenue North requested that sidewalks along Medicine 4 Lake Road be considered, ,n a Joseph Klug, 2400 Rhode Island Avenue requested approval of the funding of the senior citizens program. c U Sharon Hardy, 2400 Rhode Island Avenue expressed the need the physically ,n handicapped persons have in regard to the proposed senior citizens program. 0 0 David Kahn, member of the Park & Recreation Commission presented a report V opposing the use of the funds for the senior citizen program at Dover Hills explaining duplication of service with the Brookview Seniors Program. Olive Ray, 2400 Rhode Island Avenue expressed her opinion that the two programs Cecile Jarvis, 2400 Rhode Island Avenue disclaimed several statements made by David Kahn. Bob Walstead, 2400 Rhode Island Avenue described the uses of the Dover Hills Building for other groups, Mona Moede, chairperson of the Housing & Community Development Commission expressed concern over the dispute regarding the senior citizens program recommendation. David Kahn presented a proposal to mesh the programs rather than to fragment them by approving the proposed allotment. Edmund Johnson, 2400 Rhode Island Avenue explained the health services available at Dover Hills. Jan Hoel, seniors activity director of Brookview Seniors Club attempted to clarify some of the statements from a memo written by herself and read by David Kahn. Patti Walstead, resident manager at Dover Hills explained the programs and activities available at the residence. Lei Regular Meeting of the City Council, February 7, 1977 The Mayor then closed the public hearing. The City Manager explained the procedural steps of submitting the appli- cation to the Federal Government for funding. MOVED by Johnson, seconded by Anderson and carried that $15,450 be allo- cated the Golden Valley Senior Citizen Program. MOVED by Swartz, seconded by Thorsen and carried to amend the foregoing motion to designate at least $5,800 to be designated for transportation for persons at Dover Hills. MOVED by Anderson, seconded by Thorsen and carried to authorize $8,000 of the Housing & Community Development Block Grant Funds for the Youth Employment Service as proposed by the Housing & Community Development Commission. Mayor Hoover voted nay. MOVED by Johnson, seconded by Swartz and carried to authorize $25,000 from the Housing & Community Development Block Grant Funds for the re- moval of substandard properties and housing development. MOVED by Swartz, seconded by Thorsen and carried to authorize $3,876 from the Housing & Community Development Block Grant Funds for the Housing & Community Development Commission budget. MOVED by Johnson, seconded by Thorsen and carried to authorize $37,000 from the Housing & Community Development Block Grant Funds for the con- tinuation of projects recommended for Year 11 and financing the Lakeview Heights Park building construction and the Planner in Grant Program Administrator. MOVED by Johnson, seconded by Anderson and carried to allocate the re- maining funds for storm sewer construction as recommended by the Housing and Community Development Commission. MOVED by Swartz, seconded by Johnson and carried that the Housing Assist- ance Plan as submitted #y Assistant City Manager Jeff Sweet be included in the application. Member Thorsen introduced the following resolution and MOVED its adoption: A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF GOLDEN VALLEY GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attest- ed by the City Clerk. See Resolution Book page® (o 12 Regular Meeting of the City Council, February 7, 1977 B.Z.A. Appeal - C. Nemitz — 2000 Mary Hills Drive (from 12/20/76) Mr. Don Hughes, representing the Planning Commission reported the findings of the Commission in regard to this appeal. The Mayor then opened the hearing for public input from those persons present. Mary King, 4025 Wasatch Lane requested denial of the appeal. George Wilcox, 4035 Wasatch Lane also requested denial of the appeal. The Mayor then closed the public hearing. MOVED by Johnson, seconded by Swartz and carried to deny the requested appeal of the Board of Zoning Appeals decision. Waiver of Platting - Mark Hurd - 345 Pennsylvania Avenue South Don Hughes, representing the Planning Commission presented the findings of the Commission in regard to this waiver. Mr. Gene Bormes, representing the Mark Hurd Aerial Photo Company requested a waiver of the platting ordinance on behalf of the proponent. MOVED by Anderson, seconded by Johnson and carried to approve the waiver of the platting ordinance subject to the dedication of 10% of the land as a 55 foot green strip on the southern edge of the property and assign the following legal descriptions to the newly divided parcels: Parcel A - 7350 Laurel avenue - That part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 117, Range 21, Hennepin County, Minnesota, Plat 84405, Parcel 4541, described as follows: Commencing at a point on the East line of said Northeast 1/4 of the Northwest 1/4, distant 778.58 feet South of the Northeast corner thereof; thence West parallel with the North line of said Northeast 1/4 of the Northwest 1/4 to its intersection with a line drawn parallel with and distant 542.25 feet East of the West line of said Northeast 1/4 of the Northwest 1/4 as measured along a line 44 para-alel with the North line of said Northeast 1/4 of the Northwest c 1/4; said point being the actual point of beginning oU the tract to o be described; thence continuing West parallel with said North line to a point distant 250.30 feet East from the West line of said Northeast m 1/4 of the Northwest 1/4 as measured along said parallel line; thence 10 North parallel with the West line of the Northeast 1/4 of the --Northwest 1/4 a 84.72 feet; thence East parallel with the North line of said North- east 1/4 of the Northwest 1/4 a distance of 291.95 feet; thence South parallel to the West line of said Northeast 1/4 of the Northwest 1/4 a distance of 84.72 feet to the actual point of beginning ...combined with ... That part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 117, Range 21, Hennepin County, Minnesota, Plat 84405, P Parcel 4592, described as follows: Commencing at a point in the East line of the Northeast 1/4 of the Northwest 1/4 distant 778.58 feet South of the Northeast corner thereof; thence West parallel with the North line of said Northeast 1/4 of the Northwest 1/4 to its inter- section with a line drawn parallel with and distant 250.30 feet East 13 Regular Meeting of the City Council, February 7, 1977 of the West line of said Northeast 1/4 of the Northwest 1/4 as measured along a line parallel with the North line of said Northeast 1/4 of the Northwest 1/4; said point being the actual point of beginning of the tract to be described; thence South and parallel with the West line of the Northeast 1/4 of the Northwest 1/4 a distance of 522.295 feet South to the South line of said Northeast 1/4 of the Northwest 1/4; thence East along the South line of said Northeast 1/4 of the Northwest 1/4 292.03 feet; thence North parallel with the West line of said Northeast 1/4 of the Northwest 1/4 521.52 feet; thence West parallel with the North line of said Northeast 1/4 of said Northwest 1/4 291.95 feet to point of beginning. Subject to Laurel Avenue and easements of record. Parcel B - 345 Pennsylvania Avenue South - That part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 117, Range 21, Hennepin County, Minnesota, Plat 84405, Parcel 4557, described as follows: Com- mencing at a point on the East line of said Northeast 1/4 of the North- west 1/4, distant 778.58 feet South of the Northeast corner thereof; thence West parallel with the North line of said Northeast 1/4 of the Northwest 1/4 to its intersection with a line drawn parallel with and distant 250.30 feet East of the West line of said Northeast 1/4 of the Northwest 1/4 as measured along a line parallel with the North line of said Northeast 1/4 of the Northwest 1/4; said point being the actual point of beginning of the tract to be described; thence North parallel with the West line of the Northeast 1/4 of the Northwest 1/4 a distance of 84.72 feet; thence West parallel with the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 250.30 feet to the West line of said Northeast 1/4 of the Northwest 1/4; thence South along the West line of said Northeast 1/4 of the Northwest 1/4 a distance of 407.915 feet; thence East parallel with the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 250.30 feet; thence North parallel with the West line of said Northeast 1/4 of the Northwest 1/4 a distance of 323.195 feet to the actual point of beginning ... combined with ... That part of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 117, Range 21, Hennepin County, Minnesota, Plat 84405, separated from Parcel 4592, described as follows: Commencing at a point on the East line of said Northeast 1/4 of the Northwest 1/4, distant 778.58 feet South of the Northeast corner thereof; thence West parallel with the North line of said Northeast 1/4 of the Northwest 1/4 to its intersection with a line drawn parallel with and distant 250.30 feet East of the West line of Northeast 1/4 of the Northwest 1/4 as measured along a line para- llel with the North line of said Northeast 1/4 of the Northwest 1/4; thence South parallel with said West line of the Northeast 1/4 of the Northwest 1/4 a distance of 323.195 feet to the actual point of beginning of the land to be herein described: thence South on said parallel line 199.10 feet, more or less, to the South line of said Northeast 1/4 of the North- west 1/4; thence West along said South line to the West line of said Northeast 1/4 of the Northwest 1/4; thence North along said West line to its intersection with a line drawn parallel with the North line of said Northeast 1/4 of the Northwest 1/4 from the actual point of beginning; thence East to the actual point of beginning. Subject to Pennsylvania and Laurel Avenues. Subject to easements of record. 14 Regular Meeting of the City Council, February 7, 1977 8401 - Preliminary Plat Concept - Discussion Only - D. C. Bell - 8601 Plymouth Mr. Ray Milbauer representing D, C. Bell Company appeared before the Coun- cil to request preliminary plat concept approval. MOVED by Swartz, seconded by Thorsen and carried that the Council will meet with the Planning Commission on February 28, 1977 to discuss the philosophy of open space and double bungalows. Glenwood Parkway Service Drive Improvements - 77 SI 2 (from 11/15/76) The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said public improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Engineer briefly described the proposed public improvements. The Mayor then opened the meeting for public input on the proposed public improvements and persons present to do so were afforded an opportunity to express their views thereon. Mr. Wayne DeTuncq, 1830 Glenwood Parkway presented a petition signed by the area residents opposing the street improvement. The Mayor then closed the public hearing. MOVED by Swartz, seconded by Johnson and carried to deny the petition re- questing the public improvements due to the expense of the project. Park Construction Company - Re: Extended Work Hours The Council reviewed the letter received from the Park Construction Company regarding extended work hours on the excavation project at the Laurel Ave- nue ponding site. MOVED by Swartz, seconded by Thorsen and carried to approve the extension of work hours from 6:00 a.m. to 11:00 p.m. until March 15, 1977 on the con- dition that it be -cancelled if any complaints are received from the area residents. Open _pace & Trails Committee - Function and Organization Mr. Paul St. Marie appeared before the Council in regard to a proposal from the Open Space and Trails Committee on their function and organization. MOVED by Anderson, seconded by Johnson and carried to set a meeting with the Open Space and Trails Committee to discuss this matter for March 2, 1977 at 7:30 p.m. Pako Corporation - Re: Public Safe Department Awards The Council reviewed the letter received from the Pako Corporation propos- ing commendation awards to the Public Safety Department. to Regular Meeting of the City Council, February 1, 1977 MOVED by Johnson, seconded by Swartz and carried to accept the donation from the Pako Corporation of the commendation plaques. Earl Johnson - Re: Street Department Commendation MOVED by Thorsen, seconded by Johnson and carried to receive and file the letter from Earl Johnson regarding the commendation to the street depart- ment for the excellent work during the recent strike. Bid Opening - 1/24/77 - Car Towing and Impounding The City Manager presented the results of the bid opening on January 24, 1977 for car towing and impounding services. MOVED by Thorsen, seconded by Swartz and carried to award the contract to Golden Auto Parts, Inc., the low and only bidder as recommended by the City Manager. MOVED by Swartz, seconded by Johnson and carried to authorize the Mayor and City Manager to sign the agreement with Golden Auto Parts, Inc., for the towing and impounding of vehicles in Golden Valley. Personnel Policy & Handbook The City Manager briefly explained the changes in the personnel policy and requested the Council to adopt the revised policy as an official resolution. Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION (Personnel Policy - City of Golden Valley Employees) The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following mem- bers 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 -7 Extension of C.E.T.A. Agreement MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and City Manager to enter into an agreement with Hennepin County for the purpose of administering and receiving C.E.T.A. funds. Quotations - Sickle Bar Mower The City Manager presented quotations received for a sickle bar mower for weed eradication. They were as follows: Valley Equipment Company, Burns- ville, $1,390; Duke Durfee Company, Inc., $1,744; Valley Equipment Company, St. Cloud, $1,815.63. MOVED by Swartz, seconded by Thorsen and carried to authorize purchase of the sickle bar mower from the Valley Equipment Company in the amount of $1,390 as recommended by the City Manager. 16 Regular Meeting of the City Council, February 7, 1977 Architect - Phase 11 - Brookview MOVED by Thorsen, seconded by Johnson and carried to authorize the engage- ment of Frederic Sicora, architect for the purpose of completion of the Phase II of the Brookview Golf Course as recommended by the City Manager. Back to Basic Values - Long �Underwear and Sweaters The Council briefly reviewed the memo from the Energy Coordinator and the City Manager regarding the current energy crisis. MOVED by Johnson, seconded by Anderson and carried to set a meeting with the Environmental Commission to investigate some of the matters as they relate to energy waste in the private sector. MOVED by Anderson, seconded by Johnson and carried to request the Manager to bring proposals for a survey of the Civic Center heating system and other energy efficiency measures. Set Bid_ Opening for Scott Avenue Storm Sewer - March 17. 1977 MOVED by Swartz, seconded by Johnson and carried to authorize the staff to proceed with preparations for a bid opening for the Scott Avenue Storm Sew- er -project for March 17, 1977. Set Easement Vacation Hearin IndeRendent School District #275 MOVED by Johnson, seconded by Swartz and carried to call a public hearing on the vacation of an easement for Independent School District #275 on March 21, 1977. Medicine Lake Road Improvements (from 12/6/76) MOVED by Swartz, seconded by Thorsen and carried to hold a public hearing on the question of interest of upgrading Medicine Lake Road by the residents living in the area abutting the road for March 16, 1977 at 7:30 p.m. with a presentation to be made by the Hennepin County Highway Department. MOVED by Swartz, seconded by Thorsen and carried to amend the above motion to be designated as an informational meeting rather than a public hearing. Council Work Sessions MOVED by Anderson, seconded by Thorsen and carried to set April 11, 1977 as the first in a series of four council work sessions to be held on the second Monday of each month of April, May, June and July. Legislative Update - M. Anderson Councilmember Anderson verbally reviewed the memo she presented to the Council regarding various legislative concerns. Regular Meeting of the City Council, February 7, 1977 The Council adjourned at 1:30 a.m., to reconvene at 7:30 p.m., on February 9, 1977 for the purpose of interviewing persons interested in serving on boards and commissions. Attest: City ClevIV tr F1 1 Mayor