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07-17-78 City Council Minutes158 Regular Meeting of the City Council July 17, 1978 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 July 17, 1978 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; City Attorney, Robert Skare and Council Secretary, Kathy Middleton. Approval of July 5, 1978 Minutes: MOVED by Johnson, seconded by Stockman and carried to approve the minutes of July 5, 1978 as corrected: page 142 - Under Energy Improvement and Remodeling - Add "conservation" to motion to read "carried to transfer $20,000 from the Capital Contingency Account to the building fund for the purpose of making energy conservation improvement." page 138 - Under Secretarial help for Commissions - add statement to motion. "That this is not a Council commitment for future appointments." page 137 - Item of Procedures for Agenda - Councilmember Stockman - Item was discussed and no Council action was taken. page 140 - Under Change of Public Hearing P.U.D. #18 A from 8/7/78 to 8/21/78: MOVED by Anderson seconded by Stockman andcarried that it is the intent of the Council to defer the public hearing for P.U.D. #18 A from August 7th to September 5th. Approval of Verified Accounts (Bills and Claims): City Manager presented a bill from Metro Engineering Incorporated for $14,759.38, approved by their bonding company, to be added to the bills prelist. MOVED by Anderson, seconded by Thorsen and carried to approve the payment of bills as submitted on the prelist plus add the bill from Metro Engineering Incorporated. Annual Dues League of Minnesota Human Rights Commistions: MOVED by Johnson, seconded by Thorsen and carried to approve the $81.25 dues to be sent to the League of Minnesota Human Rights Commission. 1 1 Regular Meeting of the City Council - July 17, 1978 Approval of Licenses: MOVED by Stockman, seconded by Johnson and carried to approve the issuance of the licenses as submitted on page 743. LICENSES FOR APPROVAL JULY 17, 1978 NO. LICENSEE 5373 James H. Bacon (Nanora Enterprise) 5374 Jerry Kleeberger (Suburban Tire) 5375 James C. G. Hong (Palace Restaurant, Inc.) 5376 James C. G. Hong (Palace Restaurant, Inc.) 5377 James C. G. Hong (Palace Restaurant, Inc.) 5378 Leonard Endeward 5379 Opportunity House, Inc. TYPE N.P. Vend 2 N. P. Vend 1 Malt "On Sale" Cig. Restaurant It. Food Motel Approval of Boards and Commiss dns Meeting Minutes: FEE 7.50 5.00 350.00 6.00 Prorated 100.00 12.00 50.00 + 5.00 Penalty MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the boards and commissions meetings as listed on the agenda from E through H. Community/Senior Citizens Ad Hoc Committee - July 6, 1978; Environmental Commission - June 12, 1978; Human Rights Commission - June 8, 1978; Housing & Redevelopment Authority - July 5, 1978. David Kahn, Chr. P.&Rec. Re: Funding Medley Hills Tennis Court Lighting: John Brenna, Director of Park and Recreation, was present to answer questions. MOVED by Anderson, seconded by Johnson and carried to appropriate from the public land fund $5,140 to provide the match for the state funding available for tennis court lighting. Councilmember Thorsen voted nay. Planning Commission Re: Valley Square Redevelopment Plan: MOVED by Johnson, seconded by Anderson and carried to receive and file the response from the Planning Commission regarding Valley Square Redevelopment Plan and consider their concerns at the time of the public hearing. Petition Re: Installation of Stop Signs on Major Avenue at 34th Avenue: MOVED by Anderson, seconded by Thorsen and carried to receive and file the request fro stop signs on Major and 34th Avenue and refer it to the Safety Council for their investigation and comment to be returned to the City Council no later than the September 5th meeting. AL Regular Meeting of the City Council - July 17, 1978 Petition & Waiver of PUblic Hearing Re: 78 SI 11 - 24th Avenue Northwest of Xylon: City Engineer stated this was a petition for curb and gutter along 24th Avenue Northwest of Xylon Avenue. Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 SI 11 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon vote being taken thereon the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 >i: ', Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING IN THE MANNER OF CONSTRUCTION 78 SI 11 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 L `, Sue Eastes Re: Resignation from the Park and Recreation Commission: MOVED by Johnson, seconded by Anderson and carried to receive and file the letter of resignation from Sue Eastes and send a letter of thanks. Petition & Waiver of Public Hearing Re: RSL 91 Windy Draw: City Engineer stated this was a petition for street lighting to be placed on Windy Draw. Member Johnson introduced and read the written resolution and moved its adoption: 1 1 1 L61 Regular Meeting of the City Council - July 17, 1978 Petition & Waiver of Public Hearing Re: RSL 91 Windy Draw: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 91 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 Petition & Waiver of Public Hearing Re: 78 WM 3 Lakeview Terrace: Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 WM 3 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 Anderson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING IN THE MANNER OF CONSTRUCTION 78 WM 3 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 i 11 162 Regular Meeting of the City Council - July 17, 1978 Petition & Waiver of Public Hearing Re: RSL 88 Lakeview Terrace: MOVED by Anderson, seconded by Stockman and carried to defer action until such time the proponent can be advised of the option of considering ornamental street lights. Petition & Waiver of Public Hearing Re: 78 SI 8 Lakeview Terrace: Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 SI 8 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 3i_. Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING IN THE 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 voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 Petition & Waiver of Public Hearing Re: 78 LF 2 Lakeview Terrace: Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 IF 2 1 F, 1 Regular Meeting of the City Council - July 17, 1978 Petition & Waiver of Public Hearing Re: 78 IF 2 Lakeview Terrace: The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 and read the written resolution and moved its adoption: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING IN THE MANNER OF CONSTRUCTION 78 LF 2 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 'j;. Brad Janzen Re: Mark Hurd Property: City Manager reviewed the agreement proposed with Mark Hurd Aerial Surveys, Inc. MOVED by Anderson, seconded by Johnson and carried that the Council endorse the Staff recommendations for this proposal with the addition of prohibition of easement from the easterly parcel to Pennsylvania Avenue. Open Space Re: Valley d'Or: MOVED by Johnson, seconded by Stockman and carried to receive and file the letter from the Open Space Commission regarding the First Wisconsin Mortgage Company listing land sale and to respond to the Open Space Commission that the Council will consider this matter at our August 28th Work session. MOVED by Johnson, seconded by Anderson and carried to request a summary from Staff of the statements made by legal counsel in regard to this property and its present status to be received by the Council on the 21st of August and to set a tentative meeting date of August 28th to review this matter. Public Hearing 78 SS 5 South Tyrol: City Engineer reviewed the proposed storm sewer project. The proposed project consists of providing addition to providing an outlet control for an storm sewer at locations existing pond in Tyrol Hills in where the surface water is presently draining onto and over an existing park (Tyrol Park). Regular Meeting of the City Council - July 17, 1978 Public Hearing 78 SS 5 South Tyrol (con't): Mayor Hoover opened the meeting for public input and persons present to do so were afforded theopportunity to express their views thereon. Fred Blumers, 1509 Alpine Pass - Concerned with assessment cost. In Favor. Mary Provost, 1429 South Tyrol Trails - Concerned with the immediate need for this area. Caroline Papke, 1515 Kaltern Lane - Opposed. Charles Wittaker, 4315 Tyrol Crest - Opposed. Concerned with flood damage in the pond area. J. Heidelberg, 1304 Tyrol Trail S. Opposed. J. Culea - 4325 Tyrol Crest - Opposed. Concerned with the inconveniencing of the neighborhood. Concerned with the cost. Mrs. Starr, South Tyrol - Opposed. Jody Sehlin, 4525 Douglas Ave. S. - Felt the City should check with the Highway Department on drainage before starting project. Mayor Hoover 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 SS 5 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, Stockman 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 ).C: Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 78 SI 5 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 a7 D 1 Regular Meeting of the City Council - July 17, 1978 Public Hearing Rezoning 610 Ottawa Avenue North: Jody Sehlin, Planning Commission Chairperson, reviewed the rezoning request for 610 Ottawa Avenue North from Commercial to Light Industrial. Stated the vote was unanimous to approve. Mr. Poole, Proponent, was present to explain what is being planned for this use of the land and rationale for requesting the rezoning. Mayor Hoover opened the meeting for public input and persons present to do so were given the opportunity to express their opinions thereon. Gordon Johnson, Golden Valley Clinic - In favor. Mayor Hoover closed the public input. MOVED by Anderson, seconded by Thorsen and carried to approve the waiver of rezoning from Commerical to Light Industrial. Upon roll call vote the following voted in favor. ANDERSON - YES HOOVER - YES STOCKMAN - YES Public Hearing 78 SC 1 Unitv Avenue and Kewanee Wav: JOHNSON - YES THORSEN - YES City Engineer stated the proposed project is for sealcoating Unity Avenue from Minnaqua to the service road and on Kewanee Way from 26th Avenue North to the Cul-de-sac. Mayor Hoover opened the meeting for public input and persons to do so were afforded the opportunity to express their opinions thereon. Richard Milford, 2460 Kewanee Way - Opposed. Cleo Williams, 2438 Unity Ave. - In favor. Mayor Hoover closed the public hearing. Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 SC 1 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 = A 4" 166 Regular Meeting of the City Council - July 17, 1978 Public Hearing 78 SC 1 Unity Avenue and Kewanee Way: cont Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 78 SC 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, Stockman 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 '��01 Public Hearing RSL 89 Street Lights Julianne Terrace: City Engineer stated the proposed project is for installing three 175 watt mercury vapor lights on new poles on Julianne Terrace. Mayor Hoover Opened the meeting for public input and persons present to do so were afforded the opportunity to express their opinions thereon. Lorraine Phillips, 8335 Julianne Terrace - In favor Barry Allen, 8355 Julianne Terrace - In favor Mayor Hoover closed the public hearing. Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 89 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnuon, Stockman 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 3 Public Hearing Preliminary Plat Approval Fredsall's Addition: City Attorney reviewed the history of the plat. Mayor Hoover opened the public hearing for public input and persons present to do so were afforded the opportunity to express their opinions thereon. r 4 , Regular Meeting of the City Council - July 17, 1978 Public Hearing Preliminary Plat Approval Fredsall's Addition: (con't) Dr. Fredsall, proponent, was present to make request. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Johnson and carried to give preliminary plat approval of the seven lots of the Fredsall's Addition. Public Hearing Valley Square Redevelopment Plan: Jody Sehlin, Planning Commission Chair, reviewed the plans and gave recommendations for the Valley Square Redevelopment Plan. Mery Mindess, Planning Commission member, made some additional comments. Mayor Hoover opened the meeting for public input and persons present to do so were given the opportunity to express their opinions thereon. Henry Rohloff, 720 Rhode Island Ave. _ Express concern with delaying action on the Valley Square Plan. Dennis Jackson, 6745 Country Club Dr. - Expressed concern with the H.R.A. Commission not getting input from the Planning Commission and from the Public. Mayor Hoover closed the public hearing. Member Johnson introduced and read the following written resolution and moved its adoption: RESOLUTION FINDINGS AND DETERMINATIONS BY, AND RESOLUTIONS OF, THE CITY COUNCIL FOR GOLDEN VALLEY, MINNESOTA RELATIVE TO AND APPROVING A REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT AREA FOR A COMMERCIAL BUSINESS DISTRICT REVITALIZATION PROGRAM IN GOLDEN VALLEY, MINNESOTA, ENTITLED "VALLEY SQUARE REDEVELOPMENT PLAN", DATED JUNE 7, 1978 AS REVISED JULY 10, 1978. 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, Stockman 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; Dr. Johnson and Blanche Krbechek Re: Docs Ordinance: Dr. Gordon Johnson,.member of the Minnesota Purebred Association, made a presentation of recommendations and suggestions for the City's new dog ordinance. Regular Meeting of the City Council - July 17, 1978 Dr. Johnson and Blanche Krbechek Re: Dog Ordinance (con't Max Alburn, Minnesota Purebred Association, was present to answer questions. MOVED by Johnson, seconded by Thorsen and carried to accept the two bite provision and direct the City Staff to incorporate that into our dog ordinance as specified herein section 615.36A including the mediation and to thank the people that worked on these revisions. Laverne Wold Re: Semi -truck trailer storage: LaVerne Wold was present to make request. MOVED by Thorsen, seconded by Stockman and carried to deny the request for semi - truck trailer storage. Safety Council Re: Stop Signs on Toledo Avenue: MOVED by Anderson, seconded by Johnson and carried to receive and file the communication received from the Safety Council regarding the stop signs on Toledo Avenue and Greenview Lane and direct the Mayor to communicate to the petitioner their recommendation to leave the stop signs as they are. June Budget Report: MOVED by Johnson, seconded by Stockman and carried to receive and file the June Budget report. Attendance Deputy Director at FBI Academy: MOVED by Stockman, seconded by Johnson and carried to approve the recommendation of the City Manager based on the qualifications of Deputy Director Jim Zelinsky and to be cancelled if either Director Jim Crawford or Deputy Director Glen Olson leave or are planning to leave their employment with the City during that period of September to December of this year. Staff Report Re: Possible uses for expanded Civic Center: City Manager presented a report on the possible uses of the land east of Winnetka Avenue between Golden Valley Road and 10th Avenue in regard to the needs for the Civic Center. MOVED by Johnson, seconded by Thorsen and carried to receive and file the report. Quotations: Golf Accessories for Par 3: City Manager presented the quotations and recommend award to Wittek Golf Supply as low quote. 1 i� 1 Regular Meeting of the City Council - July 17, 1978 Quotations: Golf Accessories for Par 3: con't Quotations received were: Wittek Golf Supply $2,751.35 Hornung's $2,893.10 Robbins Company $2,935.50 MOVED by Johnson, seconded by Stockman and carried to award the purchase of the start-up accessories for the Par 3 golf course to Wittek Golf Supply in the amount of $2,751.35 as low quote. Creation of Valley Square Commission: Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Creation of a Valley Square Commission) The motion for the adoption of the foregoing resolution was duly seocnded by Member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman 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 T.H. #12 Update: Mayor Hoover announced an invitation he received from Mayor Stern of St. Louis Park of a meeting with the Mayors of abutting communities for the purpose of discussing future improvement on Highway #12. MOVED by Stockman, seconded by Johnson and carried that Mayor Hoover become actively involved with the Mayors of abutting communities on Highway #12 and to keep the Council informed as to the suggested direction the other communities are taking and also to advise our task force of the same information. Extension of time for input on Housing Policy: MOVED by Johnson, seconded by Thorsen and carried to extend the time frame for the Housing & Community Development Commission's input on the Housing Policy to the Council from August 7th to September 14th, which when received by the Council will be referred to the Planning Commission for their review on their agenda of September 25th to be reported back to the Council by October 2nd. Commissions: MOVED by Anderson, seconded by Thorsen and carried to add to the August 28th work session agenda discussion of our concerns about commissions and their role in Plan B Government. Regular Meeting of the City Council - July 17, 1978 Comprehensive Planning - Councilmember Thorsen: Memo was presented to the Council by Councilmember Thorsen on the comprehensive plan review by Metro Council. MOVED by Johnson, seconded by Anderson and carried to receive and file the memo from Councilmember Thorsen. Adjournment: MOVED by Anderson, seconded by Thorsen and carried to adjourn the meeting at 12:30 a.m. ROBERT R. HOOVER, MAYOR ATTEST: COUNCIL StCRETARY } 1 1