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12-19-77 City Council MinutesRegular Meeting Of The City Council December 19, 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 19, 1977 at 6:30 p.m. The following members were present: Anderson, Johnson, and Thorsen. Also present were: Assistant City Manager, Jeff Sweet, Assistant City Attorney, Allen Barnard, 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 December 5, 1977 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of December 5, 1977 as amended: page 196 Under Wage and salary transfers change -$11,025 to $11,825. Motion should read 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. page 195 Under Public Hearing Landscaping Laurel Avenue Ponds add public land fund to motion to read 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. page 193 Under Metro 500 Appeal from Building Board of Review on sign add statement that this approval applies to this particular item and application only to read 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. Mayor Hoover arrived at the meeting at 6:40 p.m. Approval of Verified Accounts (Bills and Claims) MOVED by Thorsen, seconded by Johnson and carried to approve the payment of the bills as submitted on the prelist. 1 fj 1 1 "'0 Regular Meeting of the City Council - December 19, 1977 Final payment Scott Avenue Storm Sewer 76 SS 4 MOVED by Johnson, seconded by Thorsen and carried to approve final payment of the Scott Avenue Storm Sewer. Approval of Licenses Assistant City Manager added one license application to the list for Dale Movers, type - House Moving - Fee $50.00. NO. LICENSES LICENSES FOR APPROVAL DECEMBER 19, 1977 TYPES FEE MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of the licenses with the addition of #4920 as submitted on page 1217. On -Sale liquor license application Elks Club MOVED by Johnson, seconded by Thorsen and carried to approve the request for an On -Sale liquor license contingent on the change of the discrimination clause of the By -Laws of the Elks Club by April 1978. Councilmember Stephen Swartz arrived at the Council meeting at 6:45 p.m. 4896 Red Beards Itin. Food 11.00 4897 Lupient Oldsmobile Cig. 12.00 4898 Honeywell Cig. 12.00 4899 Fireman's Fund Ins. Com. Cig. 12.00 4900 St. Regis Paper Co. Cig. 12.00 4901 Golden Valley Golf Club Cig. 12.00 4902 Florida West Bldg. Cig. 12.00 4903 Red Lobster Inns of America Cig. 12.00 4904 Harry Johnson dba Midwest Vending Cig. 12.00 4905 4906 B & K Vending T.J.'s Bottle Shop Inc. Cig. Cig. 12.00 12.00 4907 Gopher News Cig. 12.00 4908 Pako Corp. Cig. 12.00 4909 Golden Hills "66 Station" Cig. 12.00 4910 The White House Cig. 12.00 4911 Uncle John's Pancake House Cig. 12.00 4912 Gordon's Drive -In Restaurant Cig. 12.00 4913 Westwood Lake Offices Cig. 12.00 4914 Dalberg Electronics Cig. 12.00 4915 Burger King 6600 Wazata1. Blvd. Cig. 12.00 4916 Hoban Properties Cig. 12.00 4917 Golden Valley Ice Center Cig. 12.00 4918 Golden Valley Health Center Cig. 12.00 4919 Ron-Vik, Inc. Cig. 12.00 4920 Dale Movers, Inc. Moving Houses 50.00 MOVED by Anderson, seconded by Thorsen and carried to approve the issuance of the licenses with the addition of #4920 as submitted on page 1217. On -Sale liquor license application Elks Club MOVED by Johnson, seconded by Thorsen and carried to approve the request for an On -Sale liquor license contingent on the change of the discrimination clause of the By -Laws of the Elks Club by April 1978. Councilmember Stephen Swartz arrived at the Council meeting at 6:45 p.m. Regular Meeting of the City Council - December 19, 1977 Minutes of the Planning Commission Meeting - November 28, 1977 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Planning Commission Meeting of November 28, 1977. MOVED by Thorsen, seconded by Anderson and carried to ask the Park and Recreation Commission to give recommendations regarding the renaming of Woodlawn Park. Minutes of the Human Rights Commission Meeting - November 10, 1977 MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Human Rights Commission Meeting of November 10, 1977. Southeast Fire Station Planning Committee Concept Proposal Glen Olson, Deputy Director and Joh Rudolph, volunteer Fire Chief, presented the concept plans of the Southeast Fire Station. MOVED by Anderson, seconded by Johnson and carried to approve the proposed recommendations on policy decisions of the Southeast Fire Station and to compliment the Planning Committee on their prompt action. Northeast Fire Station Planning Committee request for approval of appearance before BZA. Assistant City Manager stated that there has been some changes made to the original concept plan presented to the Council last month and they are now seeking a waiver. Glen Olson, Deputy Director presented the additional changes. MOVED by Johnson, seconded by Anderson and carried to accept the Northeast Fire Station Planning Committee report and to authorize their appearance before the Board of Zoning Appeals. Location of Laurel Avenue Pond Trails Assistant City Manager summerized the last meeting regarding the Laurel Avenue Pond trails and stated that it is the recommendation of the Environmental Commission and the Open Space Commission that the trails be re-routed. Edward Heilman presented a petition to the Council from residents in the neighborhood bordering the Laurel Avenue ponds indicating their support of the proposed location for the walkway to be constructed between the ponds and to the south of the east pond. MOVED by Anderson, seconded by Swartz and carried to approve the original route of the trail between the ponds and on the South side of the East pond. 1 Regular Meeting of the City Council - December 19, 1977 Public Hearing 78 -SI -1 Turners Crossroad Improvements St. Louis Park's City Engineer explained the street project improvement on Turners Crossroad and.the cost participation requested from Golden Valley. The Mayor opened the meeting for public input on Turners Crossroad improvements and persons present to do so were afforded the opportunity to express their views thereon. Harold Lynch, 824 Westwood Dr. S. - Feels it will be a tax burden. Would like to see a complete development plan for that area. Tom Erickson, Lawyer representing residents on the East side of Turners. Opposed. Feels this would not do the job as far as traffic problems are concerned. Gordon Landsman, 5940 St. Croix - Concerned with the service road crossing Vernon Avenue. Mayor closed the public hearing. Member Anderson introduced and read the written resolution and moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 -SI -1 The motion for the adoption of the foregoing resolution was duly 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 City Clerk. See Resolution Book page MOVED by Anderson, seconded by Johnson and carried to initiate street improvement No. 78 -SI -2, to direct the staff to prepare premliminary plans for the area adjacent to Turner's Crossroad_ North of TH 12, and to present the proposed plan to the Planning Commission and Council for further action. - MOVED by Johnson, seconded by Thorsen and carried to direct the Staff to outline an assessment procedure for 78 -SI -1 based on a split between front foot assessment, area assessment, and general fund or municipal state aid and -to present to the Council 30 days prior to the assessment hearing. Public Hearing RSL #82 Street Lights Boone and Mandan Avenue City Engineer gave a brief description of where the lights will be installed. The Mayor opened the meeting for public input on RSL #82 Street Lights and persons present to do so were afforded the opportunity to express their views thereon. R.L. Duerksen, 1361 Mandan Aven. - In favor of project. Glades Orndorf, 1346 Boone Ave. - Concerned with the assessment Mayor closed the public hearing. Regular Meeting of the City Council - December 19, 1977 Public Hearing RSL #82 Street Lights Boone and Mandan Avenue (con't) Member Thorsen introduced and read the written resolution and moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 82 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, 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 #83 Street Lights 23rd Avenue North and Decatur City Engineer gave a description of where the lights will be installed. The Mayor opened the meeting for public input on RSL #83 street lights and persons present to do so were afforded the opportunity to express their views thereon. Emily Johnson, 23rd and Decatur - In favor. Question on the difference between the ornamental street lights and the regular street lights. Mayor closed the public hearing. Member Johnson introduced and read the following resolution and -:moved its adoption RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 83 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, 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 Public Hearing P.U.D. #1-B Concept 5800 St. Croix Ave. - Colonial Acres Kathryn Herje, Planning Commission member, gave their reasons for denial. Allen Saeks, Attorney for the Colonial Acres, introduced three gentlemen that spoke on three different areas of the request. 0607 Regular Meeting of the City Council - December 19, 1977 Public Hearing P.U.D. #1-B Concept 5800 St. Crois Ave. - Colonial Acres (con't) James Van Vugt, Administrator, spoke on the general concept. Tom Horty, Architect, spoke on the site and the proposal. Melvin Miles, National Consultant on Retirement Homes, spoke on the parking facilities and amount of traffic generated. Mayor opened the meeting for public input on P.U.D. #1-B Concept 5800 St. Croix Ave. and persons present to do so were afforded the opportunity to express their views thereon. Dr. Gordon Landsman, 5940 St. Croix Ave. - Concerned with the relationship with this to the original P.U.D. concept. J.J. Cervantes, 1626 Welcome Ave. - Would like to keep the area residential and also concerned with the parking situation and the height of the building. W.J. Kreber, 1500 Yosemite Ave. N. - Concerned with the traffic and the height of the building. R.L. Schultz, 1520 Constance Dr. W. - Would favor an office building instead of a non-paying tax use. R. Albinson, 1804 Springvalley Cir. N. - In favor. Feels this would change the image of the area. E.M. Gibson, 5615 St. Croix Ave. - Opposed. Dr. Mixer, 166 Ardmore Dr. - In favor of proposal. Elsie K1ien, 1450 Yosemite Ave. N. - Concerned with the traffic J.W. Kuns, 1610 E. Constances Dr. - In favor J.P. May, 1530 Yosemite Ave. N. - Concerend with the sewer system. Mayor closed the public hearing. MOVED by Swartz, seconded by Thorsen and carried that the decision on the application for P.U.D. #1-B be deferred until the Council meeting of February 6, 1977 and that the matter be re-referred to the Planning Commission with an indication of the Councils interest in pursuing the general concept and with a request that the Planning Commission provide further information and make further recommendations to the Council with respect to matters of building height, set back, traffic planning and Management plan. Waiver of Platting Ordinance - 221 Sunnyridge Lane Assistant City Manager reviewed the request. MOVED by Johnson, seconded by Anderson and carried to grant the waiver subject to no additional waivers and no further subdivision of the lot. Motion not carried. Councilmember Swartz, Councilmember Thorsen and Mayor Hoover voted nay. 1Q Regular Meeting of the City Council - December 19, 1977 Audit Report Mr. Larry Robertson and Mr. John Allerson from Peat, Marwick, Mitchell and Company presented the audit report to the Council. MOVED by Johnson, seconded by Swartz and carried to ratify the treasurer's actions of the Logis's trust fund and accept the fund for deposit in the City's account. MOVED by Anderson, seconded by Swartz and carried to refer the Auditor's report and comments to the Staff and request that the Staff reply with comments and recom- mended action back to the Council in 60 days for the February worksession. MOVED by Anderson, seconded by Johnson and carried to authorize the Staff to employ Peat, Marwick, Mitchell and Company for 1977 Audit at a price not to exceed $10,200. Second Reading P.U.D. Ordinance Amendment Mayor opened the meeting for public input on Second Reading of P.U.D. Ordinance Amendment and persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their opinions. MOVED by Swartz, seconded by Johnson and carried to bring on the table for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Planned Unit Development Ordinance) MOVED by Anderson, seconded by Swartz 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 JOHNSON - YES HOOVER - YES SWARTZ - YES THORSEN - YES First Reading Northern State Power Franchise Ordinance Assistant City Manager requested that this be deferred as the City is still in the process of negotiations with N.S.P. First Reading Sewer Rate Changes MOVED by Johnson, seconded by Anderson and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Sewer Service Rates) 209 Regular Meeting of the City Council - December 19, 1977 First Reading Sewer Rate Changes (con't) MOVED by Anderson, seconded by Swartz and carried to approve the ordinance herein quoted by title on its first reading and to move to second reading January 3, 1977. Upon roll call vote being taken thereon, the members were recorded as voting as follows: ANDERSON - YES HOOVER - YES SWARTZ - YES November Budget Report JOHNSON - YES THORSEN - YES MOVED by Swartz, seconded by Johnson and carried to receive and file the November Budget Report. MOVED by Anderson, seconded by Thorsen and carried to approve the following supplemental appropriations for the 1977 Budget: $ 3500 from Program 141 City Clerk to program 101 General Administration $ 500 from Program 141 City Clerk to program 143 Vote Registration $ 600 from Program 102 Accounting to program 142 Elections $ 3000 from Program 102 Accounting to program 106 Assessing MOVED by Swartz, seconded by Thorsen and carried to authorize the following reappro- priations from the 1977 budget to the 1978 budget: Program 028 Special Contingency - $27,000 Program 180 General Building Operations Capital Outlay - $2,500 Program 320 Police Patrol - $1,050 Program 445 Central Mechanical Services - $2,500 Program 751 Sewer Maintenance - $40,000 Tennis Court Lighting Agreement Assistant City Manager reviewed the agreement. MOVED by Johnson, seconded by Thorsen and carried to authorize the Mayor and Manager to enter into the agreement contingent on the approval from the Golden Valley High School Board. MOVED by Thorsen, seconded by Johnson and carried amending the revenue estimate to show the state grant which would be $6,955 and to transfer the $1,955 from 1978 General Contingency and transfer the $5,000 from the Park Bond Issue to appropriate the sum of $13,910 to Park Construction. L� 210 Regular Meeting of the City Council - December 19, 1977 1978-79 Wage & Salary Recommendations Assistant City Manager reviewed the recommendations. Member Johnson introduced and read the resolution and moved its adoption RESOLUTION (Setting 1978 - 1979 Wages and Benefits) The motion for the adoption of the foregoing resolution was seconded by Member Anderson andupon 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 City Clerk. See Resolution Book page MOVED by Swartz, seconded by Thorsen and carried that the blank in the Managers salary shall be stated as a vacancy after April 30, 1978; and the City Manager be contracted at the same rate of salary for the period he works in 1978; and that he also be granted four weeks of vacation for the period ending April 30, 1978; and to set the Assistant City Manager's salary at $20,000.00 for 1978. Resolution authorizing submittal of Planning Assistance Grant Application Member Thorsen introduced and read the written resolution and moved its adoption RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION 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, 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 Sign Ordinance Amendment - City Attorne MOVED by Anderson, seconded by Johnson and carried to receive the sign ordinance amendment and request that it be placed on the agenda of the next Council meeting for first reading. Statement of position Re: Medicine Lake Road MOVED by Swartz, seconded by Anderson and carried to adopt the statement of position of Medicine Lake Road and send copies to all communities and Hennepin County. 1 Regular Meeting of the City Council - December 19, 1977 Community goal setting workshop proposal MOVED by Anderson, seconded by Thorsen and carried to request the Assistant City Manager to contact Mr. Peter Greg andset a goal setting session preferably for the weekend of January 21st, 22nd or if not, for January 28th, 29th for the City Council and the City Manager. MOVED by Thorsen, seconded by Johnson and carried to move the Janaury worksession from January 9th to January 12th at 7:30 p.m. Local Board of Review date MOVED by Anderson, seconded by Johnson and carried to set the Local Board of Review Date for May 23, 1978 at 7:30 p.m. Metropolitan Transit Commission Re: Paratransit Councilmember Mary Anderson gave a report on paratransit. Interviews MOVED by Anderson, seconded by Thorsen and carried to set up a schedule to interview applicants for the four Tuesdays in January beginning with January 10, 1978 and at the first session we interview the people on the list for the Senior/Community Center. Safety Council letter Re: Stop Sign Policy MOVED by Johnson, seconded by Anderson and carried to receive and file the stop sign policy sent by the Safety Council. Adjournment MOVED by Swartz, seconded by Johnson and carried to adjourn the meeting at 12:55 p.m. MAYOR PRO -TEN ATTEST: 1 I LF-�