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10-17-77 City Council Minutes-64 Regular Meeting of the City Council October 17, 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 Rd. in said City on October 17, 1977. The following members were present: Anderson, Hoover, Johnson and Thorsen. Also present were: City Manager, Barkley G. Omans, City Engineer, Lowell Odland, City Attorney, Robert Skare and Council Secretary, Kathy Middleton., Councilmember Stephen Swartz arrived at 6:50 p.m. Approval of Minutes of September 28, 1977 MOVED by Johnson, seconded by Anderson and carried to approve the minutes of the Special Budget Meeting of September 28, 1977 as corrected. page 154 Under Special Contingency for Capital Outlay motion should read "Moved by Swartz, seconded by Thorsen and carried to appropriate $145,000.00 in a special contingency for capital outlay expenditure and to transfer to the Public Land Fund $10,000.00 instead of $15,000.00 making the total to the General Land Acquisition Fund $50,000.00. (#4922)". Approval of Minutes of October 3, 1977 MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of the regular Council Meeting of October 3, 1977 as corrected: page 162 Under Approval of Licenses motion should read "Moved by Thorsen seconded by Swartz and carried to approve the issuances of licenses #4827, #4828, #4829 and #4830 as submitted. " page 161 Under Unification Church Soliciting License add the work Statement and change the word Income" to "fiscal"'`to read: "to defer action on the exempt license application pending submission to the City Council of a certified income and expenditure statement of the Unification Church's most current fiscal year. "" Approval of Verified Accounts (Bills and Claims) MOVED by Anderson, seconded by Thorsen and carried to approve payment of the verified accounts as submitted on the prelist. MOVED by Thorsen, seconded by Johnson and carried to receive and file the claims and forward themto the Insurance Carrier. MOVED by Thorsen, seconded by Johnson and carried to request the manager to check on the feasibility of getting a summarized annual report from our Insurance Carrier of the claims and a summary from the Staff on the review of the claims. 11 1 if Regular Meeting of the City Council - October 17, 1977 Approval of Licenses MOVED by Anderosn, seconded by Johnson and carried to approve the issuances of the licenses as submitted on page 974. LICENSES FOR APPROVAL October 17, 1977 No. Licensee 4831 North Side Mens Y Club 4832 Griswold Coffee Co. 4833 Griswold Coffee Co. 4834 Loretta Thielen 4835 Pat Thomas Chrysler - Plymouth Type Fee Solicit Exempt (Pumpkins at Byerly) Food Veh. Fleet $50.00 (9) Perishable Food Estab. 100.00 Solicit -candy Exempt Campfire Girls New & Used Veh. 250.00 Minutes of the Building Board of Review Meeting - October 4, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Building Board of Review Meeting of October 4, 1977. Minutes of the Human Rights Commission Meeting - September 8, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Human Rights Commission Meeting of September 8, 1977. Minutes of the Open Space Commission Meeting - September 21, 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Open Space Commission Meeting of September 21, 1977. Call for Public Hearing on P.U.D. #21 Elks Club MOVED by Johnson, seconded by Swartz and carried to set the date for the Public Hearing on the P.U.D. #21 Elks Club for November 21, 1977 at 7:30 p.m. MOVED by Anderson, seconded by Johnson and carried to insturct that all the residents East of Glenwood, North of Hwy. 55 and South of Country Club Dr. be notified of the Public Hearing date by post cards in addition of those that are required to be notified by the ordinance. MOVED by Johnson, seconded by Anderson and carried toaddto the next work session the posting of signs,on the property involving rezoning„ thedate§_._. of Public Hearings. Chester Bird American Legion Post 523 Re: American Legion Convention Parade MOVED by Anderson, seconded by Johnson and carried to request the Mayor to respond to the Chester Bird American Legion Post 523 indicating the Councils concurrence and approval of their convention plans. 1(515 166 Regular Meeting of the City Council - October 17, 1977 Al Desautels, Chr. of Environmental Com. Re: Ad Hoc Dutch Elm Disease Committee MOVED by Swartz, seconded by Thorsen and carried to receive and file the memo from the Environmental Commission. Mary Zimmerly Re: Assessment Hearing MOVED by Swartz, seconded by Anderson and carried to receive and file the letter and request that the Mayor respond to it indicating what courses of action Mrs. Zimmerly can take to appeal. Bid Opening Sept. 22, 1977 11:00 a.m. 77 WM 5, 77 IF 4, 77 SS 5, 77 SI 15 International Paper Plat Member Swartz introduced and read the written resolution and moved its adoption RESOLUTION (State Highway Department - Cost Participation in Construction of 77 SI 15) 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, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page City Manager recommends awarding the bid to C.S. McCrossan for $195,785.68 as low bid. MOVED by Swartz, seconded by Thorsen and carried to award the bid subject to the signing of the:!coopenative agreement to C.S. McCrossan for $195,785.68 as low bid. Bid Opening Sept. 22, 1977 11:00 a.m. 77 SI 10 International Paper Plat. Member Thorsen introduced the following written resolution and moved its adoption: RESOLUTION (State Highway Department - Cost Participation in Construction of 77 SI 10) 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, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page 1 �I 1 Regular Meeting of the City Council - October 17, 1977 Bid Opening Sept. 22, 1977 11:00 a.m. 77 SI 10, International Paper Plat City Manager recommends awarding the bid to Bury & Carlson for $35,677.80 as low bid. MOVED by Johnson, seconded by Thorsen and carried to award the bid subject to the signing of the cooperative agreement to Bury & Carlson for $35,677.80 as low bid. Resolution respecting Tax Forfeited Land Member Anderson introduced the written resolution and moved its adoption RESOLUTION (Tax Forfeit Property Sale) 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 September Budget Report MOVED by Swartz, seconded by Thorsen and carried to receiveand file the September Budget Report. Public Hearing 77 SI 14 Street Impr. or Oiling on Sunnyridge In. City Engineer reviewed the project. Mayor opened hearing for public input. Mr. V.M. Mylan, 204 Sunnyridge Lane - Would favor blacktopping. J. Murray, 200 Meadow Lane - In favor of dust abatement. C.A. Pederson, 240 N. Meadow Lane - In favor of upgrading. Mr. W. Baum, 200 Sunnyridge Lane - In favor of blacktopping R. Johnson, 221 Sunnyridge Lane - In favor of blacktopping D. Johnson, 234 Sunnyridge Lane - Staed with taxes as high as they are now, feels they can put up with the dust. Dr. Baker, 220 Sunnyridge Lane - sent in a letter supporting bituminous surfacing. Mrs. Clarence Tolg, 206 Sunnyridge Lane - sent in a letter opposing blacktopping. Mayor closed hearing of public input. Member Thorsen introduced the written resolution and moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 77 SI 14 1�7 Regular Meeting of the City Council - October 17, 1977 Public Hearing 77 SI 14 Street Impr. or Oiling on Sunnyridge Lane. 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, adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolution book page Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 77 SI 14 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson andupon 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 passed, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution book page MOVED by Anderson, seconded by Thorsen and carried at the time of assessment hearing the Council consider setting the assessment period over ten years. Public Hearing 77 SI 13 Paved portions of Western Ave. - Curb & Gutter City Engineer reviewed the project. Mayor opened the hearing for(.public input. Mr. & Mrs. R. Blau, 6530 Western Ave. - In favor. Chose option B or C. Mrs. Blau - Asked if there was something temporary that could be done because of the bad ruts. Mr. C. Burmeister, 6505 Glenwood - Against whole program. Would like to see some other solutions. Mayor closed public hearing. MOVED by Swartz, seconded by Johnson and carried to continue theipublic hearing to December 5, 1977 to allow some time for consultation between the Residents and the Engineering Dept. and also to discuss any alternatives that they might have. First Reading of Noise Ordinance MOVED by Swartz, seconded by Johnson and carried to bring on for a first reading an Ordinance Amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Providing additional noise regulations) Regular Meeting of the City Council - October 17, 1977 First Reading of Noise Ordinance (con't) MOVED by Swartz, seconded by Thorsen and carried to approve the ordinance herein quoted by title on its first reading and to move to second reading November 7, 1977. Upon roll call vote being taken thereon, the members were recorded as voting as follows: ANDERSON - YES HOOVER -- YES SWARTZ - YES No Parking Ottawa Ave. Between Glenwood and Natchez JOHNSON - YES THORSEN - YES D. L. Mooney, School Liaison Officer gave a review for the needs of no parking on Ottawa Avenue. Member Anderson introduced and read the written resolution and moved its adoption RESOLUTION (Restrictive Parking on Certain Portions of Ottawa Avenue) The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen andupon 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 Housing Community Development Block Grant Reallocation of year 3 funds Jeff Sweet gave background information. Member Johnson introduced the written resolution and moved its adoption RESOLUTION (Designating the Housing Community Development Block Grant Fund of $23,450 with first priority for improvements to Brookview Community Center to remove the architectual barrier and the remaining amount for the feasibility study as proposed.) 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 duly passed, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page 170 Regular Meeting of the City Council - October 17, 1977 Appeal from B.Z.A. Re: Joining of Sports Center and Gas Station (from 10-3-77) Jeff Sweet reviewed memo regarding future development possibilities in the area. MOVED by Thorsen, seconded by Anderson and carried to deny the appeal. Managers Intent to Retire MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter of retirement from the City Manager. Resolution Re: Assessment Member Johnson introduced and read the resolution and moved its adoption RESOLUTION (Determining total amounts that would have been assessed against certain parcels of tax forfeited lands if such properties had been subject to assessments at the time of determination by the Citv Council of the following schedules and directing the City Clerk to prepare an abstract showing the descripiton of each parcel land forfeited to the State for non-payment of taxes andthe total amount that would have been assessed against each parcel if it had been subject to assessment: and.directing said City Clerk to certify that same to the County Auditor pursuant to the provisions of Chapter 394, Laws of Minnesota.) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson andupon 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 (Mayor Hoover had to leave the meeting and appointed Mary Anderson as Mayor Pro Tem) Landscaping on Laurel Avenue Ponds - Park & Recreation Director John Brenna, Park and Recreation Director presented a map of the proposed landscaping. Council heard recommendations from the Chairpersons of the Park and Recreation Commission, Environmental Commission and the Open Space Commission. J. Wind 250 Jersey Ave. S. - On the upper part of theNorth side plant with blue grass and formal areas down to the pond for residents use. Nili Young, 110 Jersey Ave. S. - Concerned with .the type of grass used in this area. Regular Meeting of the City Council - October 17, 1977 Landscaping on Laurel Avenue Ponds - Park & Recreation Director MOVED by Johnson, seconded by Thorsen and carried to set for an informal public hearing for the Meeting of December 5, 1977 at 7:30 p.m. MOVED by Johnson, seconded by Thorsen and carried that inaddition to the adjacent property owners, people on Pennsylvania up to Ridgeway and the Good Shepard Church will be notified. Recommended Policy on Waiting Shelters - Director Public Works City Engineer reviewed the proposed policy. MOVED by Johnson, seconded by Thorsen and carried to request that the.City Engineer meet with the Metropolitan Transit Commission to develop a criteria of needed bus shelters. City Attorney memo Re: Application for liquor license for the Elk's Club MOVED by Johnson, seconded by Thorsen and carried to receive and file the memo from the City Attorney on application for liquor license for the Elk's Club. Hennepin County Assessing Contract MOVED by Swartz, seconded by Thorsen and carried to hold this matter over until the next Council Meeting of November 7, 1977. Metropolitan Council System Statement Appeal MOVED by Johsnon, seconded by Swartz and carried to authorize the Mayor and City Manager to enter into a stipulation agreement to reconcile the difference between the City and the Metropolitan Council. Agreement with Herb Lefler for legal services City Manager presented a letter from Herb Lefler regarding an estimate for legal services in the Health Central Inc. case. MOVED by Johsnon, seconded by Thorsen and carried to engage Herb Lefler as attorney for the case at $50.00 per hour estimated at $15,000.00: further, that a transfer of $15,000.00 be made from the contingency fund to a special legal case, Health Central Inc., within the 1978 budget. Report to Commissions Re: Liability and Indemnification MOVED by Swartz, seconded by Johnson and carried to receive and file the report and request the Staff to provide a copy to each Chairperson of the Boards and Commissions. n 17 2 Regular Meeting of the City Council - October 17, 1977 Resolution supporting Hennepin County Trails Member Swartz introduced and read the written resolution and moved the adoption RESOLUTION SUPPORTING THE HENNEPIN COUNTY PARK RESERVE DISTRICT'S EFFORT TO SERCURE LAND AND WATER CONSERVATION FUND CONTINGENCY RESERVES FOR THE NORTH HENNEPIN TRAIL CORRIDOR. The motion for the foregoing resolution was duly seconded by Member Thorsen and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Johnson, Swartz and Thorsen and the following voted against the same: none, whereupon said resolution was declared duly passed, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page Designation of Commissions responsible for preparation of Housing Policy MOVED by Thorsen, seconded by Johnson and carried to put on the next work session of November 10, 1977 at 7:30 to set dead lines. Adjournment MOVED by Johnson, seconded by Thorsen and carried t 'ajour7eeting:�at 11:30 p.m. ATTEST: Cou cil S ary Robert R. Hoover, Mayor 1