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11-21-77 City Council MinutesREGULAR MEETING OF THE CITY COUNCIL November 21, 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 November 21, 1977 at 6:35 p.m. The following members were present: Anderson, Hoover, Johnson, Thorsen. Also present were: Assistant City Manager, Jeff Sweet; City Engineer, Lowell Odland, City Attorney, Robert Skare and Council Secretary, Kathy Middleton. Councilmember Stephen Swartz arrived at 6:40 p.m. Approval of Minutes of November 7,.1977 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of November 7, 1977 as corrected: page 178 - Under Planning Commission Re: Turners Crossroad and Hwy. 12 add "discussed with Golden Valley property owners" to read MOVED by Anderson, seconded by Johnson and carried to request that the Staff communicate to the Planning Commission an interim report on the status of the intersection including the St. Louis Park proposals and any alternatives discussed with Golden Valley property owners and any response or lack of response to that. MOVED by Anderson, seconded by Johnson and carried to add correction to minutes of November 7, 1977 as follows: page 172 - Under Metro Council Response to Development Frame Work add the the words "proposed statement" to read MOVED by Johnson, seconded by Anderson and carried to have the proposed statement that Rosemary Thorsen has presented to the Council and,accept it in concept and direct the Staff to put it in appropriate form. Approval of Minutes of November 10, 1977 Special Meeting MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of November 10, 1977 Special Meeting as corrected: page 180 - Motion MOVED by Swartz instead of Anderson, seconded by Thorsen and carried to etc. Approval of Verified Accounts (Bills and Claims) MOVED.by Anderson, seconded by Johnson and carried to pay the bills as submitted on the prelist and receive and file the claim from Arnold Palmer and submit it to our insurance company. Approval of Licenses Councilmember Stephen Swartz abstained from voting on license #4854 Jim Lupient Oldsmobile. Regular Meeting of the City Council - November 21, 1977 On -Sale Liquor License - Golden Valley House, Inc. change in ownership City Attorney reviewed letter sent to City Council. Stated if the Council is to consider granting the on -sale license he recommends that the approval be conditioned on the deposit of the represented pro forma funds and financing funds within a specified time limit. 1 LICENSES FOR APPROVAL NOVEMBER 21, 1977 NO. LICENSEE TYPE FEE 4843 Theisen Vending Co. Cig. $ 12.00 4844 Cigarette Sales Cig. 12.00 4845 Golden Hills Drug Store Cig. 12.00 4846 Grotta's Union 76 Cig. 12.00 4847 Golden Valley Sports Center Cig. 12.00 4848 Russell's Golden Valley Service Cig. 12.00 4849 Westview Liquors Cig. 12.00 4850 Cork'n Cleaver Cig. 12.00 4851 Log Cabin Service Inc. Cig. 12.00 4852 Cross Road Skelly Service Cig. 12.00 4853 Public Safety Bldg. Police Dept. Cig. Exempt 4854 Jim Lupient Oldsmobile Co. Itin. Food 15.00 4855 Nemo's Seafood Itin. Food 12.00 4856 Golden Valley House, Inc. Non -Per. Vend (3) 10.00 4857 Golden Valley House, Inc. Food Est. +2facilities 140.00 4858 Golden Valley House, Inc. Cig. 6.00 pr. 4859 Golden Valley House, Inc. Motel 50.00 4860 Golden Valley House, Inc. Tavern 350.00 4861 Golden Valley House, Inc. Amuse. Dev. 25.00 4862 Bang Bang Oil Co. HOLD- Grocery 50.00 4863 Sir Vend: G.H. Tennant Cig. 12.00 4864 Sir Vend: Custom Tool Cig. 12.00 4865 Produce Design & Engineering Cig. 12.00 4866 Perkins Cake & Steak House Gig. 12.00 4867 Lee's Catering Co. Cig. 12.00 4868 Harold Jessen: United Dressed Beef Cig. 12.00 4869 Queens Plaza Liquors, Inc. Cig. 12.00 4870 Suburban Tire, Inc. Cig. 12.00 4871 Westview Superette Cig. 12.00 4872 Pederson -Franke Jobbing Cig. 12.00 4873 Valley Drugs Cig. 12.00 4874 Winnetka Coffee Kup Cig. 12.00 4875 Red Owl Stores, Inc. Cig. 12.00 4876 Byerly Food Cig. 12.00 MOVED by Thorsen, seconded by Johnson and carried to approve the issuance of the licenses as submitted on page 132 with the exception of #4862- Bang Bang Oil Company. On -Sale Liquor License - Golden Valley House, Inc. change in ownership City Attorney reviewed letter sent to City Council. Stated if the Council is to consider granting the on -sale license he recommends that the approval be conditioned on the deposit of the represented pro forma funds and financing funds within a specified time limit. 1 Regular Moeting of the City Council - November 21, 1977 On -Sale Liquor License - Golden Valley House, Inc. change in ownership (con't) Assistant City Manager stated that The Golden Valley House, Inc. should have to meet all the appropriate health ordinance in relation to the inspection made by the City Sanitation Department. Mr! and Mrs. Paul Thomas were present to answer questions from the Council. MOVED by Anderson, seconded by Johnson and carried to approve the liquor license conditioned by the stipulations put on by the Attorney and Assistant City Manager and also of the personal guarantee by the individual owners of.any bills owed the City by the Corporation. Minutes of the Human Rights Commission Meeting - October 13, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file th eninutes of the Human Rights Meeting of October 13, 1977. Due to the absence of Ron Haskvitz, the Council laid over his letter regarding miscellaneous items with the exceptionof Project Mobility. The Council decided that they would not make any further contact with MTC on Project Mobility. Minutes of the Board of Zoning Appeals Meeting - November 15, 1977 MOVED by Swartz, seconded by Johnson and carried to receive and file the minutes of the. Board of Zoning Appeals Meeting of November 15, 1977. Minutes of the Bassett Creek Flood Control Commission Meeting - October 20, 1977 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission Meeting of October 20, 1977. Minutes of the Building Board of Review Meeting - November 15, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Building Board of Review Meeting of November 15, 1977. Minutes of the Planning Commission Meeting - November 14, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Planning Commission Meeting of November 14, 1977. MOVED by Thorsen, seconded by Johnson and carried to set hearing for P.U.D. #1-B Concept for December 19, 1977 at 7:30 p.m. Minutes of the Southeast Fire Station Planning Committee Meeting - November 14, 1977 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Southeast Fire Station Planning committee of November 14, 1977. 1 186 Regular Meeting of the City Council - November 21, 1977 Minutes of the Park and Recreation Commission Meeting - November 3, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Park and Recreation Commission Meeting of November 3, 1977. MOVED by Anderson, seconded by Johnson and carried to request the Mayor to communicate to the Park and Recreation Commission that their proposal for use of the property owned by the City east of Jersey Avenue and south of Courtlawn Circle abutted on the south by Laurel Avenue will be considered by the Council. Safety Council Response to stop signs at Jersey and Western MOVED by Anderson, seconded by Johnson and carried to receive and file thecletter from the Safety Council. Bid Opening November 17, 1977 11:00 a.m. Tennis Court Lighting The Assistant City Manager presented the bid tabulations and recommends awarding of the bid to Cramer Electric as low bidder. MOVED by Thorsen, seconded by Johnson and carried to award the bid of tennis court lighting to Cramer Electric in the amount of $11,300.00 as low bid. Resolution authorizing acceptance of donation of land from Elmo Ginkel Member Swartz introduced and read the written resolution and moved its adoption RESOLUTION (Authorizing the acceptance of a donation of real estate as a gift from Elmo Ginkel and June Ginkel, his wife) 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, adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page October Budget Report MOVED by Swartz, seconded by Anderson and carried to receive and file the October budget report. MOVED by Johnson, seconded by Anderson and carried the transfer of funds of $8,000 from 1977 Budget Contingency to Municipal Court Work. 1 1 1 13 7 Regular Meeting of the City Council - November 21, 1977 Renewal Interceptor Maintenance Agreement #54 and #147 Assistant City Manager stated these are routine renewals that are already in effect with the Metropolitan Waste Control Commission. MOVED by Thorsen, seconded by Johnson and carried to authorize the Mayor and City Manager to renew for 1978 Interceptor Maintenance Agreement No. 54 as revised. MOVED by Anderson, seconded by Thorsen and carried to authroize the Mayor and City Manager to renew for 1978 Joint Use Rental Agreement No. 147. Public Hearing P.U.D. #21 Elks Club #44 - Edward Martin Liquor License application Don, Hughes, of the Planning Commission, made presentation for the Planning Commission. Stated that it was moved to recommend denial of the general plan for P.U.D. #21, noting it is not an appropriate land use, and that the Comprehensive Plan indicates a Business and Professional Office use for the property. The motion was carried with one nay vote. Bill Ringsred, proponent, a trustee with the Elks Lodge gave the reasons for their proposal. The Mayor then opened the meeting for,. -public input on P.U.D. #21 Elks Club #44 andpersons present to do so were afforded an opportunity to express their views thereon. Dennis Jackson, 6745 Country Club Dr. - Representative for neighborhood. Opposed to the rezoning. Main concerns of the neighborhood were: conjestion; noise; traffic and child safety. Wallace Marx, 550 Varner Circle - Opposed. Two concerns feels Council should contend with are: Resident's point of view and the basic ordinance. J.B. Swildens, 7140 Glenwood Ave. - Opposed. Feels there should be some form of follow-up system if they are granted the rezoning. E.W. Hampel, 7240 Glenwood Ave. - Opposed. Concerned with the noise at Schullers and feels it will be the same. C. McNicholl, 7200 Glenwood Ave. - Opposed. Wanted to know why Elks Club is in financial trouble and what ways have they tried to raise money. E.F. Vizard, 7120 Glenwood Ave. - Opposed. Mrs. Dennis Jackson, 6745 Country Club Dr. - Opposed. Statedno one in their neighborhood was notified about the Elks Club putting up a screen or barrier. J.D. Rousseau, 6809 Country Club Dr. - Feels there will be no basic change to the neighborhood or no change in the number of cars in attendance at the Elks Restaurant. Mrs. Marx, 550 Varner Circle - Opposed to the Sunday brunch. Regular Meeting of the City Council - November 21, 1977 Public Hearing P.U.D. #21 Elks Club #44 (con't) Cy Evenson, Representative from the Chamber of Commerce Board of Directors - Feels the Elks Club should be given a change because of the good they have done and so no other club will be able to come in and take over the building. E. Bergquist, 521 Varner Circle - Opposed. Concerned with who holds the mortgage for Elks building. Tony Ferrara, 100 S. Meadow Lane - Elks member. In favor. State number cars in attendance at the restaurant will not change from the number ofcars at parties at the Elks. Dwayne Haugen, New Hope - Elks member. In favor. Stated the Elks would not let anything durogatory happen to that place. Mrs. Ferrara, 100 S. Meadow Lane. - In favor. Concerned that if the Elks do not get support something worse could take over the building. W.J. Adams, 400 Osborn Dr. - Feels the property will not change. J.C. Portmann, 6494 Westchester Circle - In favor of the rezoning if there is a review at the end of the year. Mrs. ARch Olson, 7740 Ridgeway Rd. - States unfair to compare Schullers to the Elks Club. Mayor announced the names of people sending letters in favor of the rezoning. Francis Smith, Past Grand Exalted ruler of the Elks Lodge; James Kelly, President of Golden Valley Jaycees; James Bensen, General Superintendent of Honeywell Inc.; Don Ritland, President of Minnesota Elks Association; E.W. Rockney, Pako Corporation. Representative from Austin Decorators, 5741 Woodstock Ave. - No objection to request. Harold Schiller, 7445 Winnetka Heights Dr. - Concerned why no one had any objections to the noise and traffic at Schullers. J.P. Jackson, 7001 Country Club Dr. - Opposed. Concerned with traffic problems. Don Hughes, Planning Commission member, stated basic conern is not with the :Elks Club but the property around the Club. M. Sedlacek, 7225 Country Club Dr. - Opposed. Concerned with the noise. Mayor closed the hearing. MOVED by Anderson, seconded by Swartz and carried to continue the matter for further consideration by the Council to November 30, 1977 at 7:30 p.m. in the Council Chambers. I 99 Regular Meeting of the City Council - November 21, 1977 Second Reading of Ordinance to designate thru streets MOVED by Swartz, seconded by Anderson to bring on the table for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Traffic Regulations) MOVED by Anderson, 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: ANDERSON - YES HOOVER - YES SWARTZ - YES JOHNSON - YES THORSEN - YES Waiver of Platting Ordinance - 1445 Kelly Dr. 1500 Oregon Ave. Don Hughes, representative from the Planning Commission gave the Commissions recommendation to approve the request with the stipulation that the proponent dedicate a five foot easement for street right-of-way off Kelly Drive North. This is all subject to the filing of the proper deed with the City. MOVED by Anderson, seconded by Johnson and carried to approve the waiver of platting ordinance request subject to the dedication of the five foot easement for street right of way off Kelly Drive North. WEST PARCEL 1500 Oregon Ave. The North 100 feet of the East Half of Lot 11, Keene Higbee and Bitzer's Golden Valley Out -Lots, except the East 179.00 feet thereof. Subject to road easement over the West 13.26 feet thereof. EAST PARCEL - 1445 Kelly Drive The East 179.00 feet of the North 100.00 feet of the East Half of Lot 11, Keene Higbee and Bitzer's Golden Valley Out -Lots. Subject to road easement over the East 5.00 feet thereof. Metro 500 Appeal from Building Board of Review on sign Glen Cording, Acting Chairperson of Building Board of Review gave their report and recommendation for denial of request because the entire sign structure on the roof has to be considered as sign area and hence, becomes non -conforming in two respects - square footage and location. Proponent - Greg Dahl, Attorney for Metro 500, Inc. stated plans and reasons for request. -190 Regular meeting of the City Council - November 21, 1977 Metro 500 Appeal from Building Board of Review on sign MOVED by Swartz, seconded by Anderson and carried to defer action on this and get a report from the Staff on the definition under the ordinance of the portion of the roof structure that constitutes the sign, thepresent value of that sign and the cost of the proposed remodeling of the sign. Also a report from the City Attorney on the facts involved relating to the interuption of the use of the station. These items to be brought to the next Council meeting on December 5, 1977. Hennepin County Re: Funding for community planning boards MOVED by Johnson, seconded by Anderson and carried to authorize the Mayor to draft a response to the Hennepin County addressing reasons why we do not agree with City funding of the planning boards. John Hogenson Re: Proposed Superamerica Station Convenience Store Jon Westlake, Director of Planning Dept. reviewed with the Council the proposed Superamerica Station Convenience Store. Lowell Odland, City Engineer, stated the proposal is to remove the existing station and build a new station that will allow for right-of-way acquisition for a Boone Ave. interchange. MOVED by Swartz, seconded by Anderson and carried that it is the opinion of the City Council that the proposed Superamerica Station in conjunction with a convenience store operation is no more obnoxious or detrimental to the welfare of the community than the enterprises or businesses permitted under the zoning ordinance for that property. The Council discussed with the Proponent the possiblility of a Boone Ave. interchange grade separation with potential acquisition of some of the property in question. The Proponent noted the possiblity in the future that there is potential acquisition of the property. Petition - RSL #81 - Ridgeway Rd. - Ornamental Street Lighting (PH 1-16-78) Member Thorsen introduced and read the following resolution and moved its adoption RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 81 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 agains 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 91 Regular Meeting of the City Council - November 21, 1977 Petition - RSL #82 - Street Lights - Boone & Mandan Ave. - (PH 12-19-77) Member Anderson introduced and read the written resolution and moved its adoption RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 82 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: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor andohis signature attested by the City Clerk. See Resolution Book page Petition - RSL #83 - Street Lights - 23rd Ave. No. & Decatur (PH 12-19-77) Member Johnson introduced and read the written resolution and moved its adoption RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 83 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: 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 Report status and options public health nursing MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor and City Manager to sign the joint powers agreement. MOVED by Anderson, seconded by Thorsen and carried to appoint Councilmember Johnson to the.Board of Directors from the date it is formed through December 1978. Golden Valley Country Club - Request for DNR Permit on Bassett Creek City Engineer stated this is a permit for work on Bassett Creek. MOVED by Anderson, seconded by Thorsen and carried to approve the permit application subject to meeting the requirements of the Bassett Creek Flood Control Commission. State of Minnesota participation in Hwy. 55 Pedestrian Bridge Member Johnson introduced and read the written resolution and moved its adoption RESOLUTION (Cost participation on TH 55 Pedestrian Bridge with MN/DOT) Regular Minutes of the City Council - November 21, 1977 State of Minnesota participation in Hwy. 55 Pedestrian Bridge (con't) 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 Attendance at National Meetings MOVED by Johnson, seconded by Anderson and carried that every Councilmember should attend at least one State or National meeting a year. Declaration of a Christmas party Mayor Hoover made a public announcement that he will be inviting all the Council members and their spouses to a Christmas open house at his house on December 11, 1977 at 6:00 p.m. Letter from Open Space Commission - Mary Bowman, Chr. MOVED by Johnson, seconded by Swartz and carried to receive and file the.letter from Mary Bowman and to declare a vacancy on the Open Space Commission. Adjournment MOVED by Johnson, seconded by Thorsen and carried to2nthe meeting at 11:56 p.m. ROBERT R. HOOVER, MAYOR ATTEST: i C unci etary