Loading...
08-15-77 City Council Minutes130 Regular Meeting Of The City Council August 15, 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, Swartz and Thorsen. Also present were City Manager, Barkley G. Omans; City Engineer, Lowall Odland; City Attorney, Robert Skare; and Council Secretary, Kathy Middleton Approval of Minutes of August 1, 1977 MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of August 1, 1977• Approval of Verified Accounts (Bills and Claims) MOVED by Thorsen, seconded by Anderson and carried to approve the payment of the verified accounts as submitted on the prelist. Approval of Licenses MOVED by Johnson, seconded by Anderson and carried to approve the issuance of the licenses as submitted. LICENSES FOR APPROVAL August 15, 1977 No. Licensee Type Fee 4808 Theodore Wirth Chalet Cigarettes $ 12.00 4810 Pako Vend NP 17.00 4811 American Fish & Sea Food, Inc. Food Process, Plant 100.00 Minutes of Northeast Fire Station Planning Committee -'July 28, 1977 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Northeast Fire Station Planning Committee Meeting of July 28, 1977• Minutes of Building Board of Review Meeting - August 2, 1977 MOVED by Thorsen, seconded by Swartz and carried to receive and file -the minutes of the Building Board of Review Meeting of August 2, 1977. Minutes of Planning Commission Meeting - August 8, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission Meeting of August 8, 1977. Minutes of Park and Recreation Commission Meeting - July 7, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Park and Recreation Commission Meeting of July 7, 1977• 13 1 Regular Meeting of the City Council - August 15, 1977 Minutes of Environmental Commission Meeting'- August 8, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Environmental Commission Meeting of August 8, 1977• Eve Elkins Re: Letter of Resignation from Human Rights Commission MOVED by Anderson, seconded by Swartz and carried to receive and file the letter of resignation and send a letter of appreciation. MOVED by Thorsen, seconded by Johnson and carried to have the Mayor communicate to the Human Rights Commission to get back from them their evaluation of the detached worker. July Budget Report MOVED by Swartz, seconded by Johnson and carried to receive and file the July Budget Report. Resignation City Assessor MOVED by Johnson, seconded by Thorsen and carried to send a letter of appreciation for a job well done. Park and Recreation Director Regard City Car Policy City Manager requests the Council review the existing policy. MOVED by Anderson, seconded by Johnson and carried to request the Staff to prepare the background material necessary to review the policy relative to the use of City cars . Crystals Joint Powers Agreement Scott Ave. Storm Extension City Manager reviewed the background. This is a two-way agreement between Golden Valley and Crystal that we would act as the contracting party and agent for Crystal to extend this one block. MOVED by Johnson, seconded by Anderson and carried changing the proposed agree- ment to eliminate the portion of the sentence in paragraph 3 from extension on. Member Swartz introduced the following written resolution and moved its adoption. RESOLUTION (Authorizing Agreement with.City of Crystal of Extension of Joint Installation Storm Sewer System) 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 1,4,1. I :J Regular Meeting of the City Council - August 15, 1977 Crystals Joint Powers Agreement Scott Ave. Storm Extension (con't) City Manager requests the Council to authroize the change order #2 with Northdale Construction Company in the amount of $64,447. MOVED by Anderson, seconded by Swartz and carriedto authorize the change order #2 with Northdale Construction Company in the amount of $64,447. Second Reading of Shade Tree Diseases Ordinance MOVED by Swartz, seconded by Johnson and carried to bring on table for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Shade Tree Diseases) John Brenna, Director of Park and Recreation and Michael Volpe, City Forester, reviewed the map and what the designation of areas mean. Northeast section of City where the majority of dutch elm trees are is designated as #1. East of Hwy. 100 and North of Golden Valley Road. Red - Inaccessibility - where trees are harder to reach Green - Damaging to environment Brown - Imminent development - where trees will be coming down Four main concerns of Dutch Elm control are: 1. Recognition 2. Sanitation 3. Disposal 4. Reforestation Mayor opened the hearing for public input. E.I. Olson, 2420 Brookridge - Would be willing to pay the bill for the added cost of removing inaccessible trees on his property. Dave Brown, 5121 Circle Downs - Opposed - Have carried on own program on diseased elms. Michael Berens, 2590 Brookridge - Would like the City to comply equally among all trees. Burt Kees, 3338 Kyle Ave. - Favor only on a cost basis. Donald Mayberg, 5010 Circle Downs - In favor 1) Feels pestimistic about proposal 2) Highly unlikely that any method devised would remove the disease 3) There will always be pockets of Elm disease that will exist. Russell Sovde, 2405 Vale Crest Rd. - Concerned with the fact that if his area is designated inaccessible would the trees have to be removed. 1 1 1 1 Regular Meeting of the City Council - August 15, 1977 Second Reading of Shade Tree Disease.Ordinance (con't) Frederick Held, 5001 Colonial Dr. - Agrees on priority. Feels if you exempt one property owner you should exempt all property owners. Carl Auerbach, 3230 Kyle Ave. N. - Doesn't know if opposed or favor ordinance. Would like to know what will be the obligation of the people in the exempted areas. Mervin Langum, 1385 Oak Grove Circle - Wondered if any possibility that some of the trees that are difficult to handle, if there is room and don't destroy any aesthetic property, could there be a draft from the normal procedures and trees buried on site. William Goolsbee, 2150 Spruce Trail - Would favor an ordinance allowing an exemption area. Larry Sawyer - General Mills - Felt this should be a community action program in order to get under control. Jody Sehl.in, 4525 Douglas Ave. - Concerned if this ordinance includes Oak trees. Craig Fitch, 2530 Brookridge Ave. - Opposed. Would like to be treated the same as everyone else. All property should be inspected. S. Brown, 5120 Circle Down - Concerned with calling basis. Earl Ekberg, Jr. 2140 Spruce Trail - Would like some direction on what to do. In favor of ordinance. Mayor closed hearing for public input. Member Swartz, seconded by Johnson and carried to approve the ordinance herein quoted by title on its second reading. Upon roll call vote the members were recorded as voting as follows: AN ORDINANCE AMENDING THE CITY CODE (Shade.Tree Diseases) ANDERSON - YES HOOVER - YES SWARTZ - YES JOHNSON - YES THORSEN - YES Moved by Anderson, seconded by Thorsen and carried to request the Staff and Park and Recreation Department develop and present to the Council one and/or alternate mechanism by which the City could implement the ordinance just passed. John Brenna, Director of Park and Recreation Department gave background on financial status. Regular Meeting of the City Council - August 15, 1977 Waiver of Platting Ordinance - 2185 Bonnie Ln - 3830 Bassett Creek Dr. from /1/77 Jody Sehlin, Chairperson of Planning Commission, gave background of Planning Commission Meeting. MOVED by Swartz, seconded by Johnson and carried to grant the waiver of platting ordinance subject to City Attorneys approval of legal description without the requirement of a survey. Mayor Hoover opposed. City Attorney approved the following legal description. PARCEL A - 3830 Bassett Creek Dr. TRACT A, Registered Land Survey No. 292, Files of Registrar of Titles, County of Hennepin, except that part thereof lying Northerly of a line described as beginning at the most Easterly corner of TRACT A; thence Westerly along the line dividing TRACTS A and D in said -Registered Land Survey a distance of 182.6 feet; thence Northerly in a straight line to a point on the Easterly extension of the Southerly line of Lot 5, Block 3, Mary Hills, distant 43 feet Easterly of the Southeast corner of said Lot 5; thence Westerly along said extended line 43 feet to the Southeast corner of said Lot 5 and there terminating together with lot 6 Block 3 Mary Hills. Subject to easements, restrictions and encumbrances of record and also subject to a nonexclusive right or easement for pedestrian traffic for ingress and egress to Bassett's Creek, reserved by parties of the first part, over the above described parcel, for the benefit of That part of TRACT A, Registered Land Survey No. 292, Files of Registrar of Titles, County of Hennepin lying Northerly of a line described as beginning at the most Easterly corner of TRACT A; thence Westerly along the line dividing TRACTS A and D in said Registered Land Survey a distance of 182.6 feet; thence Northerly in a straight line to a point on the Easterly extension of the Southerly line of Lot 5, Block 3, Mary Hills, distant 43 feet Easterly of the Southeast corner of said Lot 5; thence Westerly along said extended line 43 feet to the Southeast corner of said Lot 5 and there terminating; except that part lying between the Easterly extension of the Northerly and Southerly lines of Lot 5, Block 3, Mary Hills, and lying Westerly of a line running from a point in the Easterly extension of the Northerly line of said Lot 5, distant 47 feet Easterly, measured along the said extension, from the Northeast corner of said Lot, to a point in the Easterly extension of the Southerly line of said Lot 5, distant 43 feet Easterly, measured along said Southerly line extended from the Southeast corner of said lot, and except that part of said Tract lying Northwesterly of the Northeasterly extension of the Northwesterly line of said Lot. 1 1 1 Regular Meeting of the City Council - August 15, 1977 Waiver of Platting Ordinance - 3920 Glenwood Ave. (P.C. Minutes 6/13/77) MOVED by Thorsen, seconded by Johnson and carried to approve Waiver of Platting subject to an additional 10' of Right of Way for Roanoke Circle and the interior lot to be combined with the Southerly parcel. MOVED by Swartz, seconded by Thorsen, and carried that the deferred assessments and capitalized interest be levied upon the property. PARCEL A 4011 - Roanoke Circle The West 110.00 feet North to South of the East 2 acres of the South 3 acres of the East 1/2 of the South 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29 North, Range 24 West of 4th Principal Meridian. Except the South 266.00 feet as measured along the East and West lines thereof. Subject to an easement for Roanoke Circle over that part of the North 10.00 feet thereof lying West of the West line of Lot 2, Block 2, RUSSELL'S WIRTH PARK ADDITION extended Southerly, Subject to easements of record, if any. PARCEL B 3920 Glenwood Ave. The South 266.00 feet as measured along the East and West lines, of the West 110.00 feet North to South of the East 2 acres of the South 3 acres of the East 1.2 of the South 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 19, Township 29 North, Range 24 West of 4th Principal Meridan. Metropolitan Council Re: Metro System Statement (from 7/18/77) Jeff Sweet, Assistant City Manager gave brief resume of what has happened. Member Swartz introduced the following resolution and moved its adoption RESOLUTION (Initiating Reconciliation Procedures Regarding Transportation Portion of Metropolitan System Statement) 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. Oji$ Member Thorsen introduced the following resolution and moved its adoption RESOLUTION (Asking for a delay in planning Grant) 136 6 Regular Meeting of the City Council - August 15, 1977 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, 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 — j Petition Re: Stop signs on Olympia Street and Rhode Island Steve Schatman, 1360 Rhode Island Ave. — Concerned that Olympia Street is turning into a drag strip. MOVED by Johnson, seconded by Swartz and carried to receive and file petition and refer to Safety Council and have them report back to City Council on the status of this request and the Stop Sign Policy within 30 days. Jan Jansen Re: Letter Colonial Apt. Land Erosion MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter from Mr. Jan Jansen and refer the proponent to the City Engineer. Petition and Waiver of Hearing Re: Surfacing of Alley - 4217 Woodstock Ave. Member Anderson introduced the following written resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING IN CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 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, Thorsen and the following voted against the same: none, whereupon said resolution was declared duly adopted, signed by the Mayor andhis signature attested by the City Clerk. See Resolution Book page l3 Member Thorsen introduced the following written resolution and moved its adoption RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 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 adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page \'�1�, 1 137 Regular Meeting of the City Council - August 15, 1977 Easement on Duluth Member Swartz introduced the following written resolution and moved its adoption RESOLUTION (Authroization to Purchase or Condemn Easement -6155 Duluth St.) 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, 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 City Clerk. See Resolution Book page 131. Metro HRA Motion Authorizing Expanding Existing Agreement MOVED by Swartz, seconded by Johnson and carried to authorize the Assistant City Manager to enter into an agreement with the Metro HRA concerning acquisition sites for Section 8 new construction. Designation of Polling Places Member Anderson introduced the following written resolution and moved its adoption RESOLUTION (Designation of Polling Places) The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz 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: noen, whereupon said resolution was declared duly adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page. 10% Low and Moderate Income PUD Requirement MOVED by Anderson, seconded by Johnson and carried to refer to the Planning Commission the memo from Jeff Sweet and brochure relative to using 235 and request their study and recommendation to the City Council. Revenue Sharing Use Hearing 7:30 August 22, 1977 MOVED by Anderson, seconded by Swartz and carried to set the Public Hearing for Revenue Sharing at 7:30 p.m. on August 22, 1977• Letter on Functional Classification Discussed letter written by Mayor and City Engineer to relieve conflict and disagreements of Functional Classification Plan. Regular Meeting of the City Council - August 15, 1977 Ethics Committee Mayor had written each member.of the Ethics Committee and they reported that they are working on a final draft and would get back to the City Council by the first of September. Valley Square Commission MOVED by Thorsen, seconded by Swartz and carried to appoint Roy Johnson to fill out Dick Johnson's remaining term in the Valley Square Commission. Work Session Work Session agenda; Interviews, Revenue Sharing Use Hearing, Inspecting Department discussion with Jon Westlake, Medicine Lake Rd., Bulletin, Capital Long Range Improvement,Commission Report, Minutes, Commission By -Laws. Adjournment MOVED by Johnson, seconded by Thorsen and carried to d' urn a Council Meeting at 11:37 p.m. Robert R. Hoover, Mayor ATTEST: KathyMid e n Council Secretary 1 iJ