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08-01-77 City Council MinutesRegular Meeting of The City Council August 1, 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 August 1, 1977 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson, Thorsen. Also present were City Manager Barkley.G. Omans, Assistant Engineer Tom Snetsinger, Assistant City Attorney Allen Barnard and Council Secretary Kathy Middleton. Councilmember Swartz was absent. Approval of Minutes of July 18, 1977 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of July 18, 1977 with the completion of legal description of Waiver of Platting for Thomas Johnson 5125-5145 Golden Valley Rd. and the following corrections: page 119 Under Public Hearing P.U.D. #20 Elmo Ginkel Moved by Johnson seconded by Thorsen and carried to deny the concept plan of PUD #20 because it is at variance with single family zoning and not compatable with adjacent residences. page 116 Under Resolution Stating Intent to Lease Fire Radios from Hennepin County remove the work "is" to read "has"; City Manager stated that Hennepin County "has" changed their mind in reference :to leasing to Municipalities that they do not serve by communication services. page 115 Under Appointment of Architect Southeast Fire Station Site Motion made by Thorsen, seconded by Johnson add the word "and" --- the Building Board of Review is involved "and" that the Council make a final decision on the building permit, Approval of Verified Accounts (Bills and Claims) MOVED by Anderson, seconded by Johnson and carried to approve the payment of the verified accounts as submitted on the prelist. MOVED by Thorsen, seconded by Anderson and carried to receive and file the letter of Mrs. John Walerius regarding a claim for damages on sewer backup and refer letter to Insurance Company and to Legal Counselor. Approval of Licenses MOVED by Johnson, seconded by Thorsen and carried to approve the issuance of the licenses as submitted. LICENSES FOR APPROVAL - AUGUST 1, 1977 No. Licenses Type Fee 4805 Carousel Porsche -Audi, Inc. Vend. P. $15.00 4807 Anderson Cadillac, Inc. New & Used Veh $250.00 Regular Meeting of the City Council August 1, 1977 Minutes of Valley Square Commission Meeting — July 21, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Valley Square Commission Meeting of July 21, 1977. Minutes of Safety Council Meeting - June 27, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Safety Council Meeting of June 27, 1977. Minutes of Bassett Creek Flood Control Commission Meeting -_June 16, 1977 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission Meeting of June 16, 1977. Minutes of Suburban Sanitary Disposal Authority Meeting - May 24, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Suburban Sanitary Disposal Authority Meeting of May 24, 1977. Minutes of Housing and Community Development Commission Meeting - July 7, 1977 MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Housing and Community Development Commission Meeting of July 7, 1977. Minutes of Environmental Commission - July 11, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Environmental Commission Meeting of July 11, 1977. Minutes of Park and Recreation Commission Meeting - July 7, 1977 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of Park and Recreation Commission Meeting of July 7, 1977. Minnesota DOT Re: Federal Aid System MOVED by Anderson, seconded by Johnson and carried to request Mayor to send letter to Minnesota Department of Transportation regarding 1976 Functional Classification Map indicating errors and disagreements. Animal Humane Society Re: Donation City Manager, Barkley Omans gave brief background on contributions of Golden Valley, MOVED by Johnson, seconded by Thorsen and carried to donate $200.00 to the Humane Society. Dick Johnson Re: Resignation from Valley Square Commission MOVED by Anderson, seconded by Johnson and carried to receive and file the letter of resignation and send a letter of appreciation. Regular Meeting of the City Council August 1, 1977 I.D.S. #281 Re: Quarter Meetings MOVED by Anderson, seconded by Thorsen and carried to receive and file the letter from I.D.S. #281 and note time and dates on calendar. Petition Re: Street Improvement or Oiling Sunnyridge Lane Member Anderson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 77 -SI -14 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, 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 Robert A. Blau Re: Western Avenue Deadend Member Thorsen introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 77 -SI -13 (Western Avenue Deadend) 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 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 Construction Equipment Variance City Manager gave brief background. Because of high surface waters the contractor is requesting to pump.24 hours as is necessary to hold the water level down which will involve bring in a generator to run those pumps. MOVED by Johnson, seconded by Thorsen and carried to grant a 3 week variance for pumping equipment operating on Scott Avenue by Northdale Construction Company. Four Water Services on Golden Valley Road City Manager gave brief background information. On the sidewalk on Golden Valley Road we have run into four water services that have to be lowered. Recommend the contractor in the area. M P Utilities $58.57/hr. Pederson Brothers $130.00/hr. �i. "'n Regular Meeting of the City Council August 1, 1977 Four Water Services on Golden Valley Rd. (con't) Anticipate 20 hrs. for the job. MOVED by Johnson, seconded by Anderson and carried to award the bid for water services to M P Utilities in the amount of $58.57/hr as low quote. Approval of Summary of Executive Meeting of July 20, 1977 and July 28, 1977• Allen Barnard, Assistant City Attorney removed himself from the table. Herbert Lefler, Special Legal Counselor took the chair at table. Rosemary Thorsen was elected as secretary and read the report of summary of Executive Meetings of July 20th aid July 28th. MOVED by Johnson, seconded by Anderson and carried to approve thesstatement of the Executive Meeting with one addition; add, on second meeting last sentence of first paragraph "No other member" Herbert Lefler Special Counsel pointed out some alternatives for the Council. 1. Acceed in part or in whole to the request of Health Central in the July 6th letter. 2. The Council could do nothing except to continue in its efforts to discuss and negotiate the matter with Health Central. 3. The Council could reject the position taken by Health Central in full, affirm the special use permit that has been drafted and sent to Health Central along with the development contract and related documents and indicate to Health Central thatif it wishes to proceed it was working within a certain time frame. Herbert Lefler read the resolution to the public. Attorney, J.E. Brill, Jr., representing Roger Scherer, Chairman of Health Central, was present to ask City Cguncil to grant the request for changes in the P.U.D. Mayor closed the public hearing. Member Thorsen introduced the following resolution and moved its adoption: A RESOLUTION REJECTING THE PROPOSALS OF HEALTH CENTRAL, INC. RELATING TO PROPOSED PLANNED UNIT DEVELOPMENT NO. 17, AFFIRMING THE TERMS AND CONDITIONS OF THE PROPOSED SPECIAL USE PERMIT AND DEVELOPMENT CONTRACT RELATING TO SAID PLANNED UNIT DEVELOPMENT AND CONFIRMING THE TIME WITHIN WHICH APPLICANT MAY PROCEED TO IMPLEMENT THE PLAN. The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken the following members voted in favor thereof: Anderson, Hoover, Johnson and Thorsen and the following voted against the same: none; whereupon said resolution was duly declared passed and adopted signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page \� . L 1 1 °� 7 Regular Meeting of the City Council August 1, 1977 Public Hearing Curb &.Gutter 77 -SI -12 Orkla Dr. from 24th Ave. to Medicine Lk. Rd. 25th AVe. N. from Bies Dr. to Orkla Dr. Mayor opened meeting for public input. Phil Zaugg - 8229 Medicine Lake Rd. - Didn't understand why public hearing was called. Wass opposed. Dave Young - 2445.Orkla Dr. - In Favor, Felt homes would look much neater. Charles O'Brien - 2400 Orkla Dr. - In Favor. Stated 2 more parties were in favor whose names are not on the list because they were not home when the petition was brought around. Mayor closed public input. Member Anderson introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS /,;L/ 77 -SI -1-3 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 and Thorsen and the following voted against the same: 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 04 . Member.Thorsen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 77 -SI -12 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 and Thorsen and the following voted against the same: 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 A . Waiver of Platting Ordinance - 2185 Bonnie Ln - 3830 Bassett Creek Dr. Mr. Tom Sackett - present address 4312 W. Broadway - moving to 3830 Bassett Creek Dr. - Questions regarding if creek should move either way who owns land and who should maintain it and also who is liable. MOVED by Johnson, seconded by Anderson and carried to carry over to next meeting of City Council of August 15, 1977 to allow for legal opinion. Regular Meeting of the City Council August 1, 1977 Safety Programs Inc. Letter Re: Soliciting Advertising in Name of Fire Department City Manager stated that sometime ago the council did pass a policy that the name of the City is not to be used for solicitation. The Public Safety Director refused the letter of the Safety Programs Inc. to use name of the City Fire Department in obtaining advertising in pamphlets without the permission of the City Council. Mr. Don Saunders, President of Safety Programs, Inc. stated that they would recommend that they would not have to use our letterhead. George Erickson - Fire Inspector - Stated the pamphlets are very useful and needed. MOVED by Johnson, seconded by Thorsen and carried to get quotes on 2,000 booklets without advertising and get this from Mr. Saunder's Company (Safety Programs, Inc.) as well as a couple of others. Final Resolution Re: International Expressway Park Plat City Manager stated the plat is in order. Member Johnson introduced the resolution and moved its adoption RESOLUTION (Acceptance of Plat - Expressway International Park) 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, Johnson, 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 _t 9,5 . MOVED by Anderson, seconded by Johnson and carried to have the Mayor wait to sign the resolution until the check for pond excavation is received and the easement is signed. Southeast Fire Station Citizen Committee Mayor stated we have not received any response for Committee MOVED by Johnson, seconded by Thorsen and carried to appoint John Rudolph, Fire Chief, David Hanson, Assistant Fire Chief, Jim Crawford, Public Safety Director to the S.E.F.S. Citizen Committee. Rules and Regulations of Commissions MOVED by Johnson, seconded by Thorsen and carried to put this on work session of August 22, 1977. Regular Meeting of the City Council August 1, 1977 Ethic Committee Response Mayor will write a letter to all Ethic Committee members on status of what they are doing. Commission Interviewing time MOVED by Johnson, seconded by Thorsen and carried to set 1/2 hr. before work session for interviewing. Work session time changed to 7:00 p.m. instead of 7:30 P.M. on August 22, 1977. Adjournment MOVED by Johnson, seconded by Anderson and carried/to y(djo)dFp meeting at 9:05 a.m. Robert R. Hoover, Mayor Falk1*16 c e� Council Se r tary