07-18-77 City Council MinutesI -Lo
Regular Meeting
Of The
City Council July 18, 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 July 18, 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 Engineer
Lowell Odland and Council Secretary Kathy Middleton. City Attorney Robert Skare
arrived at 6:35.
Approval of Minutes - July 5, 1977
MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of
July 5, 1977 with the following corrections:
page 112 League of Women Voters
In motion add the words "The League"
page 109 Under Waiver of Platting Ordinance New Hope Nursing Home -
Douglas and Medicine Lk. Rd. - Add the words "were present"
after Mr. & Mrs. Thompson - owners of the New Hope Nursing
Home.
page 106 Under Authorize Transfer of Budget from Contingency to Central
Mechanical Services - Add the words "for mechanic training".
Approval of Verified Accounts (Bills and Claims)
MOVED by Swartz, seconded by Anderson and carried to approve the payment of the
verified accounts as submitted on the prelist.
MOVED by Swartz, seconded by Thorsen and carried to receive and file the letter
from Mr. & Mrs. Sam Gold regarding a claim for damages on sewer backup.
Soliciting License Unification Church
Mr. Steve Schutte or no other representative of the Unification Church was present.
Mayor Hoover opened the meeting to hear public opinions.
Mr. Glen Amundson - 7236 Harold Ave. - Has documented instants that the Unification
Church has a political motive for collecting money. Stated that the Religion
part of it is a front for its political activity.
Janice Winters - 230 Nicollet Mall, Minneapolis - Ex -member of the Unification
Church. Stated what she did for the Unification Church.
Sheri Leaf - 7320 Columbus Ave. S. - Ex -member of the Unification Church.
Stated the money was not being used for what they say it is being collected for.
Irene Serr - 500 Turnpike Rd. - Concerned with the outcome of the court case.
Regular Meeting of the City Council July 18, 1977
Soliciting License Unification Church (con't)
City Attorney reviewed the outcome of the court case regarding both the Unification
Church and Marcia Held. Deferred for three months and put on a probation.
Amelia Gallagher - 7541 Ridgeway Rd. Concerned with the requirements to obtain
a license to solicit.
Fran Stien - 105 Quebec Ave. S. - Wanted to know if given a permit to solicit does
it mean that they solicit publicly on streets alone or on private property.
Also, when people come in to apply for a soliciting license and there any requirements
for explanation of what they are soliciting for.
Dr. Hurbert Serr - 500 Turnerpike Rd. - On basis of fraud and deceit with the
statements made regarding purposes the Unification Church used, asked the Council
to deny the permit.
Mayor closed the public hearing.
MOVED by Anderson, seconded by Johnson and carried to defer action until meeting of
October 3, 1977.
MOVED by Johnson, seconded by Anderson and carried to receive and file the letter
from Glen Amundson regarding the Unification Church.
Minutes of Park and Recreation Commission Meeting - June 2, 1977
MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes o
of Park and Recreation Commission Meeting of June 2, 1977•
MOVED by Johnson, seconded by Anderson and carried to ask the Mayor and Manager to
meet with the Chairman of Park and Recreation Commission to make sure they have a
complete understanding of the direction they can go and limitations regarding.
personnel prior to the meeting.
Minutes of Open Space Commission Meeting- June 22, 1977
MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of
the Open Space Commission Meeting of June 22, 1977.
Minutes of Planning Commission Meeting - July 11, 1977
MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes
of the Planning Commission Meeting of July 11, 1977•
Health Central P.U.D. #17 (from May 16, 1977)
Special Counsel, Herbert Lefler was present.
1
115
Regular Meeting of the City Council
Health Central P.U.D. #17 (con't)
July 18, 1977
Roger Scherer, Chairman of the Board for Health Central, Inc. - ask that the
Council come to some decision on the following three matters: Health Central
Inc. will not dedicate two acres of land to the City for public use; Health
Central, Inc. will not agree to refrain from development of "Area H"
consisting of 2.1 acres and Health Central, Inc. will not agree to the payment
to the City.of $63,494 or any amount.
MOVED by Swartz, seconded by Johnson and carried to meet again with Mr.
Herbert Lefler and.to include City Manager in an executive session on Wednesday,
July 20, 1977 at 4:00 p.m. and to defer any action on any matter until after
that time.
Public Hearing 77 -SI -11 Street Improvement Xerxes Ave. N.
City Engineer Lowell Odland reviewed the possibility of street improvement
at the intersection.
Mayor open for public input
Mayor closed the public input.
Member Anderson introduced the following written resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 -SI -11
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 Clerk. See Resolution Book page /0 15' .
Public Hearing RSL 77 Street Lights Cumberland Hills - Indiana Ave. N.
Mayor opened for public input
There
Ralph Cafer
- 1713
Xerxes Ave. N. -
Likes what he
sees. But is concerned
closed public
that Golden
Valley
in this process
does not make a
negiotation that will hurt
a number of
people
that are trying
to remove Ewald
Dairy from the area.
Patrick Doran
- 1915 Xerxes Ave. -
Concerned with
the driveway across from his
home. Also,
asked
what the cost was per lot.
Mayor closed the public input.
Member Anderson introduced the following written resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 -SI -11
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 Clerk. See Resolution Book page /0 15' .
Public Hearing RSL 77 Street Lights Cumberland Hills - Indiana Ave. N.
Mayor opened for public input
There
were
no residents
present
Mayor
then
closed public
input.
Regular Meeting of the City Council July 18, 1977
Public Hearing RSL 77 Street Lights Cumberland Hills - Indiana Ave. N. (con't)
Member Thorsen introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 77
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 Clerk.
410(1
Public Hearing P.U.D. #20 - Elmo Ginkel
Bob Wagman, Vice -Chairman of Planning Commission - covered the Planning Commission
review. The Planning Commission recommended that this permit be denied.
Woody Ginkel - Property Owner - Went through the concept and basic material
involved.
Bonnie McWilliams - 2213 Kings Valley Rd. E. - Represents Board of Directors of
Kings VAlley. Is opposed. Concerned about the Park. Would like to have the park
enlarged rather than made smaller. Also, concerned with the continued upkeep of
these apartments if Elmo Ginkel is permitted to build.
Ken Sandsted 2231 Kings Valley Rd. - Opposed. Is in support with Planning
Commission Meeting. He is also concerned with traffic on the road if they are
given a permit. Feels it is unappropriate to approve P.U.D. #20 until Gallant
patio project is established.
Nilly Young - 110 Jersey Ave. S. - Concerned with the cost of rental of the units.
Mayor closed the public hearing.
City Manager brought two items of concerns of the Staff.
1. Medley Lane is undeveloped land as it stands. There are two homes to the North
and a Park on the South. A question will come up if the street is improve on
equity of assessment.
2. Sewage service and cover for the sewer pipe.
MOVED by Johnson, seconded by Thorsen and carried to deny the concept plan of
P.U.D. #20 because it is at variance with single family zoning and not compatable
with adjacent residences.
Waiver of Platting - Thomas Johnson 5125-5145 Golden Valley Rd.
There were no residents present regarding waiver of platting.
1117
Regular Meeting of the City Council
July 18, 1977
Waiver of Platting.- Thomas Johnson 5125-5145 Golden Valley Rd.
MOVED by Thorsen, seconded by Swartz and carried to approve the waiver of
platting.
5125 Golden Valley Rd.
That part of Lot 28, Auditor's Subdivision No. 330, Hennepin County, Minnesota,
described as follows:
Beginning at a point on the east line of said Lot 28, distant 87 feet North
of the southeast corner thereof; thence North, along the east line of said
Lot 28, to the northeasterly corner thereof; thence Southwesterly, along the
northwesterly line of said Lot 28, to its intersection with the westerly line
of the East 115 feet of said Lot 28; thence continuing southwesterly along the
Northwesterly line of said Lot 28, a distance of 20 feet; thence southeasterly
68 feet to the point of intersection of the west line of the East 115 feet
of said Lot 28 and the north line of the South 87 feet of said Lot 28; thence
Easterly, along the north line of the South 87 feet of said Lot 28, to the
point of beginning.
5145 Golden Valley Rd.
The Westerly 168 feet of Lot 27, and that part of Lot 28, described as follows,
to wit:
Beginning at the southwest corner of Lot 28; thence East to the southeast corner
thereof; thence North, along the east line of said Lot 28, 55 feet; thence
West, parallel with the south line of said Lot 28, a distance of 75 feet; thence
North, parallel_with:the east line of said Lot'28, a distance of 32 feet;
thence West, parallel with the south line of said Lot 28, a distance of 40
feet; thence Northwesterly, a distance of 68 feet to a point in the northerly
line of said Lot 28, distant 20.0 feet southwesterly from the intersection of
the northerly line of said Lot 28 with a line parallel with and 115 feet
West of the east line of said Lot 28; thence Southwesterly, along the said
northerly line to the northwest corner of said Lot 28; thence South to the
point of beginning, all in Auditor's Subdivision No. 330, Hennepin County,
Minnesota.
Petition Re: Stop Sign - Jersey and Western Ave.
City Manager had two comments:
1. That staff did recommend last winter both a sidewalk and stop signs at the
intersection because of comments from the Safety Council and people at the
school.
That the stop signs alone do not create.a safe pedestrian crossing situation
without the sidewalks.
2. That we should not take any action putting in the stop signs until the
improvement is completed at Western Avenue to make a visible crossing.
The Proponent - Nili Young - Concerned that once Western is paved there will be
heavy traffic on it.
Regular Meeting of the City Council July 18, 1977
Petition Re: Stop Sign - Jersey and Western Ave. (con't)
MOVED by Anderson, seconded by Johnson and carried to refer letter and petition
to the Safety Council with this Council making a request to the Safety Council
to respond to us by the Meeting of September 6, 1977•
MOVED by Anderson, seconded by Swartz and carried to send a copy of the letter
and petition and thefact that we have referred it to the Safety Council, to
the Planning Commission with a request for their comments on any conflicts
in the existing plan.
Metropolitan Council Re: Metro system statement
MOVED by Swartz, seconded by Anderson and carried to receive and file letter
of the Metropolitan Council and defer action until meeting of August 15, 1977•
Waiver Re: Sanitary Sewer - 6155 Duluth St. 77 -LF -5
Proposed office building going up on the South side of Duluth Street and East
of the Mobile Station.
Member Thorsen introduced the following written resolution and moved its
adoption:
RESOLUTION WAIVING THE PUBLIC HEARING
PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3
AND ORDERING CONSTRUCTION
OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS
77 -LF -5
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 lb
Member Johnson introduced the following written resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
77 -LF -5
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, whereupons said resolution was declared
duly passed and adopted, signed by the Mayor and his signature attested by the
City Clerk. See Resolution Book page �D'.
Regular Meeting of the City Council
July 18, 1977
Waiver Re: Sanitary Sewer 6155 Duluth St. 77 -LF -5 (con't)
MOVED by Johnson, seconded by Thorsen and carried to appropriating $6,059
from the water fund 77-WM-7 authorizing the construction, as the property has
already been assessed for water.
Noise Enforcement Program Options
Jeff Sweet, Assistant City Manager came before the Council to answer any questions
the Council might have on the memo of Noise enforcement program options.
MOVED by Anderson, seconded by Thorsen and carried to direct the City Attorney
to draw up an ordinance for first reading incorporating NPC -4 Motor Vehicle
Noise Regulations by September 6, 1977.
Resolutions - SSOF - Property donation
City Manager stated these are two resolutions which are in connection with the
SSOF donation of property.
Member Swartz introduced the following written resolution and moved its adoption:
RESOLUTION
(Authorizing the acceptance of a Donation of Real Estate as a Gift)
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, 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 Clerk. See Resolution
Book page it/ .
Member Swartz introduced the following written resolution and moved its adoption:
RESOLUTION
(Acknowledging gift in memory of R.A. White)
The motion for the adoption of the foregoing resolution was 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 duly passed and adopted
signed by the Mayor and his signature attested by the City Clerk. See Resolution
Book page 113 .
June Budget Report
MOVED by Anderson, seconded by Swartz and carried to receive and file the June
Budget Report.
1240
Regular Meeting of the City Council
July 18, 1977
Resolution requested by Auditors Re: MWCC Credits
City Manager stated the recommended is requested by the Auditors in that
there has never been, at least in the record, a formal Council Action.
Member Swartz introduced the following written resolution and moved its adoption
RESOLUTION
(Directing Application of Credit From Acquisition of Sewer Interceptors
by Metropolitan Wast Control Commission)
The motion for the adoption of the foregoing resolution was seconded by Member
Thorsen, andupon vote being taken thereon the following voted in favor thereof:
Anderson, Hoover, Johnson, Swartz and Thorsen; and the following voted against
the same: noen, whereupon said resolution was declared duly passed and adopted,
signed by the Mayor and his signature attested by the Clerk. See Resolution
Book page (�
Resolution stating intent to lease fire radios from Hennepin County
City Manager stated that Hennepin County has changed their mind in reference
to leasing to Municipalities that they do not serve by communication services.
Member Anderson introduced the following written resolution and moved its
adoption:
RESOLUTION
(Fire Radio Service)
The motion for the adoption of the foregoing resolution was 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 duly passed and adopted,
signed by the Mayor and his signature attested by the City Clerk. See Resolution
Book page 06 .
Dutch Elm Ordinance Amendment
John Brenna - presented map with designated areas and explained areas.
(1) Inaccessible areas; (2) Impact on the environment (3) Development areas.
Donald Mayberg - 5010
Circle
Downs - Expressed two concerns
with Dutch Elm
Disease. 1) Portions
of open
areas are extremely difficult
if not impossible
to remove trees. 2)
The difficulty
to get someone to come
in to do this.
Asked the Council to
consider
the open area present be declared
inaccessible
land and to share in
the cost
of removal of the trees that
are accessible to
the street.
Member Thorsen abstained
from
voting.
1
1
1
Regular Meeting of City Council
Dutch Elm Ordinance Amendment (con't)
July 18, 1977
MOVED by Anderson, seconded by Johnson and carried to bring on for a first reading
an ordinance amendment entitled:
AN ORDINANCE AMENDING THE CITY CODE
(Shade Tree Diseases)
MOVED by Swartz, seconded by Johnson and carried to approve the ordinance herein
quoted by.title on its first reading and defer for futher consideration the
second reading until the meeting of August 15, 1977• Upon roll call vote the
members were recorded as voting as follows:
ANDERSON - YES JOHNSON - YES
HOOVER - YES
SWARTZ - YES THORSEN - ABSTAINED
MOVED by Anderson, seconded by Johnson and carried to refer Mr. Mayberg's letter
to Park and Recreation Commission and ask for their comments on the financial
effects.
Appointment of Architect Southeast Fire Station Site
Councilmember Swartz declared this a potential conflict of interest and removed
himself from table.
MOVED by Thorsen, seconded by Johnson and carried to grant award on the appointment
of architect of S.E.F.S.S. to Wallace & Mundt and Armstrong, A.I.A.
MOVED by Thorsen, seconded by Johnson and carried that they follow a procedure in
which the Building Board of Review is involved and that the Council make a final
decision on the building permit, for both the Northeast and Southeast Fire
Stations.
MOVED by Johnson, seconded by Thorsen and carried to have the Mayor send out
letters to former members of the Committee and to residents in the area to form
a S.E.F.S.S. Review Committee asking them to respond if interested.
Council -Citizen Communications
MOVED by Swartz, seconded by Thorsen and carried to defer to August work session.
Capital Long Range Improvement Committee
MOVED by Anderson, seconded by Swartz and carried to receive and file and implement
the procedures as summarized by the Assistant City Manager. Deadline to Assistant
City Manager is August 15, 1977.
Regular Meeting of the City Council
July 18, 1977
August Work Session
MOVED by Anderson, seconded by Thorsen and carried to set date of Council
Work Session for August 22, 1977 and the agenda should include: news on
Medicine Lake Rd.; Meeting with Jon Westlake; Capital Long Range Improve-
ment; Whole Philosophy of Minutes.
Commission Appointment
Mayor will send out an exploratory letter to some people whose names we might
submit and to include in the letter that their name has been suggested as a
possible member of the Housing and Community Development Commission and if
you are interested to submit your application.
Status of Ethics Committee
MOVED by Thorsen, seconded by Anderson and carried to ask the Ethics Committee
for a report on the status of what they are doing by the meeting of August 1,
1977•
Adjournment
MOVED by Johnson, seconded by Thorsen and carried to adlourn at 11:00 p.m.
Robert R. Hoover, Mayor
ATTEST:
, � -, ea, C Z/ ,, (2 /&,- 'i " /' & 4, 0 -
Kath Midd , Council Secretary
LJ