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12-05-77 City Council MinutesRegular Meeting Of The City Council December 5, 1977 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on December 5, 1977 at 6:45 p.m. The following members were present: Anderson, Swartz and Thorsen. Also present were: Assistant City Manager, Jeff Sweet, City Attorney, Robert Skare, City Engineer, Lowell Odland and Council Secretary, Kathy Middleton. Due to the absence of the Mayor, the Mayor Pro -tem, Councilmember Anderson, called the meeting to order. Approval of the Minutes of November 30, 1977, Special Meeting MOVED by Swartz, seconded by Thorsen.and carried to approve the minutes of November 30, 1977 as amended: page 190 Under The basic concerns discussed by the Council should read: 1. Level of use of the property if rezoning is proposed. 2. The matter of zoning that property for commercial use even on a temporary basis. 3. The appropriateness using of the P.U.D. in such circumstances. 4. Control of the enforcement process under a P.U.D. and how to deal with it. Approval of the Minutes of November 21, 1977 MOVED by Thorsen, seconded by Swartz and carried to approve the minutes of November 21, 1977 as submitted. Approval of Verified Accounts (Bills and Claims) MOVED by Thorsen, seconded by Swartz and carried to approve payment of the bills on the prelist as submitted. Approval of Licenses LICENSES FOR APPROVAL DECEMBER 5, 1977 NO. LICENSES TYPE FEE 4877 Golden Valley Lanes Cig. 12.00 4878 M G M Liquor Warehouse, Inc. Cig. 12.00 4879 7 Eleven Store Cig. 12.00 4880 Reed Drug Cig. 12.00 4881 Henrietta Hansen Cig. 12.00 4882 Brunswick Carriage House Lanes #279 Cig. 12.00 4883 Colight, Inc. Cig. 12.00 4884 Minneapolis Clinic Gig. 12.00 4885 The Company Store, Inc. Cig. 12.00 4886 Holiday Motor Hotel Cig. 12.00 4887 Woodfill Services Cig. 12.00 4888 Griswold Coffee Co. Cig. 12.00 4889 Griswold Coff Co. Cig. 12.00 4890 Best Foods Services Cig. 12.00 1 1 1 1 1 Regular Meeting of the City Council - December 5, 1977 Approval of Licenses (con't) NO. LICENSES TYPE FEE 4891 Q Petroleum Cig. 12.00 4892 Byerly Beverages, Inc. Cig. 12.00 4893 My Pie Cig. 12.00 4894 Walgreen Drug Cig. 12.00 4895 Opportunity House, Inc. Cig. 12.00 MOVED by Swartz, seconded by Thorsen and carried to approve the issuance of the licenses as submitted on page 1173. Minutes of the Open Space Commission Meeting - November 16, 1977 MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Open Space Commission Meeting of November 16, 1977. MOVED by Swartz, seconded by Thorsen and carried to receive and file the letter from the Open Space Commission dated November 27, 1977 and grant the extension of time from March 31, 1978. Minutes of the Environmental Commission Meeting - November 14, 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Environmental Commission Meeting of November 14, 1977. MOVED by Thorsen, seconded by Swartz and carried to ask the Staff to send the Chairperson of the Environmental Commission a copy of the letter sent to the Open Space Commission Chairperson on the designation of use for the $40,000 Land Acquisition Account. Minutes of the Southeast Fire Station Planning Committee - November 29, 1977 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Southeast Fire Station Planning Committee Meeting of November 29, 1977. Minutes of the Valley Square Commission Meeting - November 15, 1977 MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Valley Square Commission.meeting of November 15, 1977. Golden Valley Mrs. Jaycees Re: Bingo notification and request to use Brookview MOVED by Swartz, seconded by Thorsen and carried to approve the request for the use of Brookview to play bingo for the purpose to raise money to buy playground equipment for Brookview Park. Northern States Power Franchise MOVED by Thorsen, seconded by Swartz and carried to direct the City Attorney to draft an ordinance incorporating the proposed changes included in the City Attorney's memo for first reading at the December 19, 1977 Council Meeting. 196 Regular Meeting of the City Council - December 5, 1977 Appointment of Architect for Senior/Community Center Study MOVED by Swartz, seconded by by Thorsen and carried to award the construction of the Senior/Community Center Study to the firm of McEnary, Kraft, Birch and Kilgore, Inc. Resolution closing sinking funds Assistant City Manager stated the resolution relates to closing out accounts established to pay off Trunk sewer #1 sinking fund and a series of August 1, 1956 sinking fund which funds were created for the payment of bonds sold to finance certain special assessment projects and the interest thereon. Member Swartz introduced the written resolution and moved its adoption RESOLUTION (Authorizing Closing of Sinking Funds) 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, 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 Sewer Charge MOVED by Thorsen, seconded by Swartz and carried to direct the Staff to draft a proposed ordinance regarding the rate changes and place it on the December 19, 1977 agenda. Resolution Team Police Grant Assistant City Manager stated this resolution was a request by the Minnesota Crime Control Planning Board authorizing sponsorship of the Team Policing Grant for 1978. Member Swartz introduced and read the written resolution and moved its adoption. RESOLUTION (Authorizing Sponsorship of Golden Valley Team Policing Grant for FY 1978) 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, 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 Regular Meeting of the City Clerk - December 5, 1977 Wage and salary transfers MOVED by Thorsen, seconded by Swartz and carried to transfer $30,500 from salary contingency and $11,825 from General Contingency to various general funds. Public Hearing Landscaping Laurel Avenue Ponds John Brenna, Director of Park & Recreation Department, highlited proposed plan. Burt Brown, Chrm. of Park & Recreation Commission, spoke on two concerns. 1) Grass on the North side of the East pond. 2) Trail routes Paul St. Marie, Open Space Commission member, spoke on.two concerns. 1) Reaffirm primary purpose of this area was to form a barrier between the commercial and residential area. 2) Site of the trails. The Mayor Pro -tem opened the meeting for public input on landscaping of Laurel Avenue ponds and persons present to do so were afforded the opportunity to express their views thereon. H.A. Himmelstein, 110 Kentucky Ave. S. - Question on the plan whether it was proposed or the orginal and the cost charged. E.G. Heilman, 250 Kentucky Ave. S. - Spoke in support of the proposed plan. Had some concerns with the financing. Mayor Pro -tem closed the public hearing. MOVED by Thorsen -j. seconded by Swartz and carried to direct the Staff to use natural planting as suggested. MOVED by Thorsen, seconded by Swartz and carried to approve the planting plans as submitted and authorize a transfer of $10,000.00 from the public land fund for the project. Public Hearing 77 SI 13 Paved portion of Western Ave. (curb & gutter) City Engineer reviewed the three alternative plans. A) Installation of concrete curb and gutter the entire length of the street with bituminous surfacing. B) Bituminous surfacing without any curb and gutter 27 feet wide between Glenwood and Florida Court and 24 feet wide west of Florida Court. C) Combination curb and gutter from Glenwood to Florida Court and no curb and gutter just bituminous surfacing from Florida Court to the west line. The Mayor Pro -tem opened the meeting for public input on paved portion of Western Avenue and persons present to do so were afforded the opportunity to express their views thereon. R. Blau, 6530 Western Ave. - In favor of bituminous paving only. 98 Regular Meeting of the City Council - December 5, 1977 Public Hearing 77 SI 13 Paved portion of Western Ave. (curb and gutter) Member Swartz introduced the resolution and moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS (Alternate Plan B with 27 ft. and 24 ft. wide roadway) 77 -SI -13 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, 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 Member Thorsen introduced the written resolution and moved -its adoption RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 77 -SI -13 The motion for the adoption of the foregoing resolution was seconded by Member Swartz and upon vote being taken thereon, the following voted in favor thereof: Anderson, 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 Public Hearing RSL 80 Street Lights- Walley & Decatur Ave. City Engineer reviewed the background of the request. Mayor Pro -tem opened the hearing for public input on RSL 80 street lights - Walley & Decatur Avenue and persons present to do so were afforded the apportunity to express their views thereon. No one was present to express their opinions. Member Thorsen read the written resolution and moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 80 The motion for the adoption of the foregoing resolution was seconded by Member Swartz and upon vote being taken thereon, the following voted in favor thereof: Anderson, 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 pane L a Regular Meeting of the City Council - December 5, 1977 Public Hearing Preliminary Plat Kings Creek 5915 Glenwood Ave. Herb Polachek, Planning Commission member, gave the report of the Planning Commission and their reasons for denial. Proponent - Rick Sather, representing. Centurion Company, presented their request. Mayor Pro -tem opened the hearing for public input on Preliminary Plat Kings Creek and persons present to do so were afforded the opportunity to express their views thereon. L.G. LeBlanc, 225 Brunswick Ave. S. - Feels the proposed plan is a little to dense for the area. G.M. Eiden, 345 Brunswich Ave. S. - Stated plan is not as bad as original proposal. Mayor Pro -tem closed the public hearing. MOVED by Thorsen, seconded by Swartz and carried to deny the request for platting on the grounds that all the lots fail to meet the required lot width or area and are far below the dimensions of nearby residences. Public Hearing Plat Golden Valley Estates 8301 Plymouth Ave. Jon Westlake gave the Planning Commissions recommendation. Proponent - Fran Hagen representing Graham Development presented their request. Mayor Pro -tem opened the hearing for public input on Plat Golden Valley Estates, 8301 Plymouth Ave. and persons present to do so were afforded the opportunity to express their views thereon. D.E. Cottrell, 1149 Orkla Dr. - Question on whether the present.grade of his back yard remains the same. Is not opposed to plan. R.L. Bergquist, 1300 Castle Court - Concerns with rezoning of lots. S. Gillogly, 1220 Orkla Dr. - Spoke in favor of plan. L.J. Harvatin, 1310 Castle Court - Representing the residents in his area. Spoke in favor of the plan. Mayor Pro -tem then closed the public hearing. MOVED by Swartz, seconded by Thorsen and carried to approve the preliminary plat of Golden Valley Estates as submitted subject to cash in lieu of land dedication. MOVED by Swartz, seconded by Thorsen and carried to include on the Council agenda with the final plat approval,the resolution calling the public hearing for the rezoning of lots 2,3,4 & 5 Busch's Acres. 360 Regular Meeting of the City Council - December 5, 1977 First Reading P.U.D. Ordinance Amendment MOVED by Thorsen, seconded by Swartz and carried to bring on for a first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amending the Planned Unit Development Ordinance) MOVED by Swartz, seconded by Thorsen and carried to approve the ordinance herein quoted by title on its first reading and of move to second reading December 19, 1977. Upon roll call vote being taken thereon, the members were recorded as voting as follows: ANDERSON - YES SWARTZ - YES THORSEN - YES Metro 500 Appeal from Building Board of Review on sign MOVED by Swartz, seconded by Thorsen and carried to approve the application for the sign.permit subject to the following conditions: that only the lettered area is being approved as the continuation of a nonconforming use and not the entire roof structure, removal of the lower pylon sign, removal of the lettering from the face of the service station building as the situation currently exists, reduction in the size of the roof structure to the ten foot maximum height and that this approval applies to this particular item and application only. MOVED by Swartz, seconded by Thorsen and carried to request that the City Attorney draft an amendment to the sign ordinance based on the recommendations stated in his memo. Waiver of Platting Ordinance - 6860 Harold Ave. H. Polechek, Planning Commission member stated the request was to add 20' to lot 13 Block 3 Windsor Woods and the Planning Commission approved unanimously. MOVED by Thorsen, seconded by Swartz and carried to approve the waiver of platting. PARCEL A Tract A, Registered Land Survey No. 367, Files of Registrar of Titles, County of Hennepin, EXCEPT the south 20.00 feet of said Tract A. That part of the west 25.00 feet of lot 29, "Auditor's Subdivision Number 322, Hennepin County, Minnesota", lying between the southerly right-of-way line of State Highway No. 55 as described in the Notice of Lis Pendans filed November 20, 1950, and a line 20.00 feet northerly of, measured at a right angle to and parallel with the southerly line of Tract A, Registered Land Survey No. 367, Files of Registrar of Titles, County of Hennepin, and its easterly extension. PARCEL B - The south 20.00 feet of Tract A, Registered Land Survey No. 367, Files of Registrar of Titles, County of Hennepin. 1 2.01 Regular Meeting of the City Council - December 5, 1977 Waiver of Platting Ordinance - 6860 Harold Ave. (con't) The West 25.00 feet of the south 20.00 feet of that part of Lot 29, "Auditor's Subdivision Number 322, Hennepin County, Minnesota", which lies northerly of the easterly extension of the south line of Tract A, Registered Land Survey No. 367, Files of Registrar of Titles, County of Hennepin. Lot 13, Block 3, Windsor Woods, except that part lying Easterly of a line drawn from a point in the Easterly line of said lot, distant 25 feet Northerly of the Southeast corner of said lot, to a point in the Southerly line of said lot, distant 3.5 feet Westerly, measured along said Southerly line, from the Southeast corner of said lot, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Waiver of Platting Ordinance 221 Sunnyridge Lane H. Polechek, Planning Commission member gave a brief summary of request. Mayor Pro -tem opened meeting to hear public input. Mr. R. Johnson, 221 Sunnyrdige Lane - gave some background of his property and the reasons for his request. Ann Murry, 200 Meadow Lane N. - Concerned with the proposed housing and lot division. F.R. Sleavin, 201 Meadow Lane - Concerned with lot sizes. Mayor Pro -tem closed the hearing. MOVED by Swartz, seconded by Thorsen and carried to defer the,matter until the meeting of December 19, 1977. Mr. Francis Hogenson Re: Request for use of a warming house durincglabor dispute Francis Halgason, attorney for International Union for Electrical Radio and Machine Workers, stated the request is for a permit to place a small shack on street right- of-way for use as a warming house for the,)picketers while the strike is in process. MOVED by Swartz, seconded by Thorsen and carried to grant a temporary permit until March 30, 1978 subject to the conditions that the City not be responsible for maintenance of the property or any damages done to the.property due to snow plowing or any other City activity. Adjournment MOVED by Thorsen, seconded by Swartz and carried to adjourn the meeting at 11:15 p.m. ISA 0 PRO- M ATTEST: COUNCIL SECRETAR