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05-21-79 City Council MinutesRegular Meeting 0f The City Council May 21, 1979 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 May 21, 1979 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson and Stockman. Also present were: City Manager, Jeff Sweet; City Attorney, Robert Skare, Assistant Engineer, Tom Snetsinger and Council Secretary, Sue Ann Oman. Thorsen was absent. Approval of Minutes of May 7, 1979 MOVED by Johnson, seconded by Stockman and carried to approve the minutes of May Tip 1979 as amended: Under Approval of Minutes of Boards and Commissions change "approve" to "receive and file". Under. Public Hearing Increase in CDBG Entitlement Funds Year V add to the title of the resolution "Year V" after "submission of". Under Award of Bid on Street Maintenance Materials change the second motion as follows and add the following: MOVED by Johnson, seconded by Stockman and carried to award the bid to Koch Refining Comps)ay for 1979 Road Oil. The low bidder was not awarded the bid because of unpredictable prices and availability of crude oil. Bills and Claims MOVED by Anderson, seconded by Stockamn and carried to approve the payment of the bills as submitted on the check register. , Licenses MOVED by Johnson, seconded by.Stockman and carried to approve the issuance of the licenses as listed on the license list. NO. LICENSEE TYPE FEE 5961 Robbinsdale Transfer, Inc. Garbage 26.00 5962 Schumacher Wholesale Meats, Inc. Per. Vehicle 75.00 5963 Woodlake Sanitary Service Garbage 156.00 596+ Ellis A. Olson (Golden Valley Lilac Festival) Itinerant Food Exempt 5965 Ost Sanitation Service Garbage 26.00 5966 Holiday Motor Hotel Already Paid 5967 Viking Pioneer (Golden Valley Health Center) 'N.P. Vend. (7) 20.00 5968 Viking Pioneer (Golden Valley Health Center) Per. Vend. (9) 55.00 5969 Viking Pioneer (Golden Valley Health Center) Cigarettes 2+.00 5970 Ray's Trucking Service Garbage 52.00 5971 DAn's Disposal Garbage 26.00 5972 Advance Carter Co. (David's Deli) Cigarettes 1@.00 5973 American Provision Per. Vehicle 60.00 597+ Golden Valley Super Valu Cigarettes 2+.00 5975 Acorn Vending (Brookview) N.P. Vend. (2) 7.50 9® Regular Meeting of The City Council - May 21, 1979 NO. LICENSEE 5976 Acorn Pending (Brookview) 5977 Tarco of Minnesota 5978 Nisgood Company John E. Blanchard Co., Inc. - Off Sale TYPE FEE Cigarettes 16.00 GArbage 28.50 Garbage 26.00 MOVED by Stockann, seconded by Johnson and carried to approve the Off Sale Liquor license for John E. Blanchard Co., Inc. Schullers Tavern, Inc. - On Sale and Off Sale MOVED by Johnson, seconded by Anderson and carried to approve the On Sale and Off Sale liquor license for Schullers Tavern, Inc. subject to their enclosing the trash bins within the next 90 days. Holiday Motor Hotel - On Sale and Off Sale MOVED by Johnson, seconded by Stockman and carried to approve the On Sale and Off Sale liquor license for Holiday Motor Hotel. Samurai - On Sale MOVED by Anderson, seconded by Stockman and carried to approve the On Sale liquor license for Samurai. House Moving Licenses - Badger Movers, Roger Stubbs Co., William Otting MOVED by Stockamn, seconded by Johnson and carried to approve the house moving licenses for Badger Movers, Roger Stubbs Co. and William Otting. Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and carried to receive and file the minutes of the Boards and Commissions meetings as listed on the agenda from E through I. HRA - April 9, 1919, April 16, 1979, May 7, 1979; Planning Commission - April 23, 1979, April 30, 1979; Bassett Creek Flook Control Commission - April 19, 1979; Council/Manager Meeting - March 27, 1979, April 24, 1979; Building Board of Review - May 15, 1979. Golden Auto Towing Contract MOVED by Johnson, seconded by Stockman and carried to authorize negotiation of the towing contract with Golden Auto with the option that the City be able to renew beyond 1980. Call Public Hearing - Calvary Office Site MOVED by Anderson, seconded by Stockman and carried to call a public hearing for the rezoning of the Calvary Office Site for June 4, 1979. 91 Regular Meeting of the City Council - May 21, 1979 Set Executive Session Re: Jon R. Horkey vs. City of Golden Valley MOVED by Johnson, seconded by Anderson and carried to set an executive session regarding Jon R. Horkey vs. City of Golden Valley for June 11, 1979 at 8:30 15.m. subject to normal standards we have set for executive sessions. Call Public Hearing - PUD #16B - Cheyenne Land Company 6-18-79 MOVED by Stockman, seconded by Johnson and carried to call a public hearing on PUD #16B for June. -18, 1979. Call Public Hearing - PUD #23 - Gittleman Corporation MOVED by Johnson, seconded by Anderson and carried to call a public hearing on PUD #23 for June 18, 1979. Vallee D'Or Litigation MOVED by Anderson, seconded by Johnson and carried to open a new account for this and transfer $10,000 from General Contingency to Vallee D'Or Litigation Fund. Call Public Hearing - 79 S1 11,79 LF 3�, 79 Wm 4 and 79 SS 3 - forth Wirth Parkway Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 S1 .11 The motion for the adoption of the foregiong resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman 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 1 Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 LF 3 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman 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 qb Member Johnson introduced and read the written resolution and moved its adoption: Regular Meeting of the City Council - May 21, 1979 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 WM 4 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Ma or 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 PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 SS 3 The motion for the adoption of the foregoing resolution,was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman 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 Bid ming - Rhode Island and Wisconsin/Margin MOVED by Johnson, seconded by Stockman and carried to award the bid to the low bidder, Carl Bolander & Son, in the amount of $325,885.43 and direct the Staff to not store any gravel material on the Laurel Avenue property. Bid Opening - Flag Avenue The City Manager informed the Council of a potential conflict of interest regarding the construction of Flag Avenue due to the fact that he is buying property on Flag Avenue and will be assessed for the project. MOVED by Stockman, seconded by Johnson and carried that the Council recognizes the potential conflict of interest and permits the City Manager to remove himself from action relative to Flag Avenue. MOVED by Anderson, seconded by Stockman and carried to award the bid to the low bidder, Bury & Carlson, in the amount of $7.,656.35. Quotations - Tree Removal MOVED by Stockman, seconded by Johnson and carried to use Mulligan Tree Service to remove the 11 trees at a price of $200.00 each and to accept this project. Mulligan Tree Service was picked because they were the only company who could transplant the trees immediately. Regular Meeting of the City Council - May 21, 1979 MOVED by Johnson, seconded by Anderson and carried to allocate $2,200 from Park Reserve to Park Maintenance for this project. Quotations received: Instant Shade Today, Inc. $175/each $1,925 Vernon Hennes $180/each $1,980 Mulligan Tree Service $200/each $21200 Quotations - Park Tractor Repair MOVED by Anderson, seconded by Johnson and carried to award the quotation to Valley Equipment in the amount of $1,620.00 as the only quote. April Budget Report MOVED by Anderson, seconded by Stockman and carried to receive and file the April budget report. Authorization to hire Curt Pearson as Special Legal Counsel_ MOVED by Johnson, seconded by Anderson and carried to authorize the employment of Curt Pearson of the firm of LeFevere, Lefler, Pearson, O'Brian and Dwarz at $50.00 per hour for the purpose of legal assistance in the Bassett Creek Flood Control Project. Authorization for Mavor and Manager to enter into Agreement with Corps of Engineers MOVED by Stockman, seconded by Johnson and carried to authorize the Mayor and Manager to enter into the Section 215 agreement on the Bassett Creek Watershed Project with the Army Corps of Engineers. Closing of Fund Balances MOVED by Anderson, seconded by Johnson and carried to authorize the following transfers: Building Fund (61%) $24,523.1+ Parks 1972 Bond Construction $ 2,917.89 Park Capital Imp. Fund $12 760.85 $40,20-1--.19-9 Request Transfer of Funds to Employ Intern MOVED by Johnson, seconded by Anderson and carried to authorize a $3,900.00 from General Contingency to the City Manager's budget for the purpose of employing a management intern. L_' K Regular Meeting of the City Council - May 21, 1979 Authorization to Hire Barr Engineering MOVED by Johnson, seconded by Stockman and carried to authorize the hiring of Barr Engineering for an amount not to exceed $2,500 to study alternatives to stop flooding problems on DeCola Pond. Marilou E. Thibault - Golden Valley Lilac Festival Marilou Thibault was present to ask the Council for a donation to the Lilac Festival. MOVED by Anderson, seconded by Johnson and carried to authorize payment for the Lilac Festival, Inc. of $500.00 from the City Budget for the purpose of promoting the City of Golden Valley. Diane Hanson - Construction of Flag between Duluth and Earl Mrs. Hanson had requested that her communication be removed from the agenda. E. E. Berglund -United Transportation Union MOVED by Anderson, seconded by Stockman and carried to receive and file the letter dated April 20, 1979 from United Transportation Union and refer it to Minneapolis, Northfield & Southern Railroad. HRA - Vacation of Rhode Island MOVED by Johnson, seconded by Stockman and carried to call a public hearing for June 18, 1979 for vacation of Rhode Island. Liberty Carton - Appreciation for Contribution of Rescue Truck John Rudolph expressed his appreciation as well as the Fire Department's appreciation for the donation of the rescue truck. Ben Fitterman and Mike Fitterman were present to accept the City's appreciation for the rescue truck. Member Stockman introduced and read the written resolution and moved its adoption: RESOLUTION (Accepting Donation of Rescue Vehicle) 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 and Stockman and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the May and his signature attested by the City Clerk. See Resolution Book page gL. Second Reading - Gambling Ordinance MOVED by Anderson, seconded by Johnson and carried to bring on the table for second reading an ordinance entitled: Regular Meeting of the City Council - May 21, 1979 AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO, REPEALING INCONSISTENT ORDINANCE, AND PROVIDING A PENALTY FOR VIOLATION MOVED by Johnson, seconded by Stockman and carried to approve the ordinance here in quoted by title on its second reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES Waiver of Platting - First National Bank of St. Paul - R. L. Johnson Daniel J. Cole, Jr., attorney for First National Bank of Saint Paul, was present to request the waiver of platting and a waiver of the cash in lieu of. R. L. Johnson was present to ask for approval of the waiver of platting. MOVED by Stockman, seconded by Johnson and carried to refer action until June 4, 1979 as requested by the proponent. Second Reading - Rezoning - Laurel Avenue West of Turners Crossroad MOVED by Anderson, seconded by Johnson and carried to bring on the table for second reading an ordinance entitled: AN ORDINANCE AMENDING THE ZONING CODE (Residential Zoning District) MOVED by Anderson, seconded by Stockman and carried to approve the ordinance herein quoted by title on its second reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES Final Plat Approval - Golden Valley Estates Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Acceptance of Plat - Golden Valley Estates) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman 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 9(4 Waiver of Public Hearing - 79 WM 6 Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council - May 21, 1979 Willis J. Holmquist, 7301 Lanham Lane, was in favor of the improvement. Member Anderson 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 79 WM 6 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 and.Stockman 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 11 Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 79 WM 6 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson and Stockman 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 9 Waiver of Platting - Gary Johnson, 4540 Westwood Lane Gary Johnson was present to request the waiver of platting. MOVED by Anderson, seconded by Stockman and carried to approve waiver of the platting ordinance as follows: 315 Natchez Avenue South PARCEL A All that part of the North 1/2 of the South 1/2 of that part of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 29, North Range 24, West of the 4th Principal Meridian, lying South of the North 33 feet thereof described as follows: Beginning at the Northwest corner of the above described tract of land; thence - South along the West line of the above described tract of land a distance of 170 feet; thence East parallel with the North line thereof a distance of 239 feet; thence North on a line parallel with the West line of said above described tract of land to a point distant 16$.5 feet North of the South line of the above described tract of land; thence West parallel with the South line of said above described tract of land to an intersection with a line drawn parallel with the East line of the above described tract of land from a point on the North line there distant 430 feet West from the Northeast corner thereof; thence L� 1 M Regular Meeting of the City Council - May 21, 1979 North along said parallel line to the North line of said above described tract of land; thence West along North line to the point of beginning. Except that part thereof lying East of a straight line drawn from a point on the North line thereof distant 182.85 feet from East from the Northwest Corner thereof, to a point on the South line thereof distant 220.50 feet East from the Southwest Corner thereof and there terminating. Subject to Natchez Avenue South over the West 33.00 feet thereof. 4540 Westwood Lane PARCEL B All that part of the North 1/2 of the South 1/2 of that part of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 29, Range 24, lying South of the North 33.00 feet thereof described as follows: Beginning at a point on the North line of the above described tract of land 320.00 feet West of the Northeast corner thereof; thence West along said North line 110.00 feet; thence South parallel with the East line of above described tract of land to a point 168.50 feet North of the South line of above described tract of land; thence East parallel with said South line 110.00 feet; thence North to the point of beginning. Subject to an easement for driveway purposes over the East 33.00 feet of the South 25.00 feet thereof and together with an easement for driveway purposes over the East 353.00 feet of the North 33.00 feet of the South 168.50 feet of above first described tract of land. Subject to easements, restrictions, reservations and covenants of record if any. To be combined with all that part of the North 1/2 of the South 1/2 of that part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 29, North Range 24, West of the 4th Principal Meridian, lying South of the North 33.00 feet thereof describes as follows: Beginning at the Northwest corner of the above described tract of land; thence South along the West line of the above described tract of land a distance of 170.00 feet; thence East parallel with the North line thereof a distance of 239.00 feet; thence North on a line parallel with the West line of said above described tract of land to a point distant 168.50 feet North of the South line of the above described tract of land; thence West parallel with the South line of said above described tract of land to an inter- section with a line drawn parallel with the East line of the above described tract of land from a point on the North line thereof distant 430.00 feet West from the Northeast corner thereof; thence North along said parallel line to the North line of said above described tract of land; thence West along said North line to the point of beginning. Except that part thereof lying West of a straight line drawn from a point on the North line thereof distant 182.85 feet East from the Northwest corner thereof, to a point on the South line thereof distant 220.50 feet East from the South - west corner thereof and there terminating. Waiver of Platting - Samurai MOVED by Stockman, seconded by Anderson and carried to approve the waiver of the platting ordinance as follows: 98 Regular Meeting of the City Council - May 21, 1979 850 Louisiana Ave. South PARCEL A (80,911+ Square Feet) The South 101.00 feet of Lot 1 and all of Lot 2, Block 1, BAKER'S INDUSTRIAL PARK. Subject to easements of record, if any. 700 Louisiana Avenue South PARCEL B (56,538 Square Feet) That part of Lot 1, Block 1, BAKER'S INDUSTRIAL PARK, lying North of the South 101.00 feet.thereof. Subject to easements of record, if any. The Council noted that the land dedication or cash in lieu of had been taken care of previously. Transportation Committee Report - Mary Anderson Member Anderson gave a brief summary of the Northwest Hennepin Transportation Committee's last meeting. May 29, 1979 Commission Appreciation Dinner The Commission appreciation dinner to be held May 29, 1979 was briefly discussed. Format of Brookview Study Committee Interviews The Council decided to meet at 7:15 on May 22, 1979 before the interviews start to organize questions to be asked during the interviews. Adjournment MOVED by Johnson, seconded by Stockman and carried to 9 jo rn a A:15 p.m. ATTEST: R. HOOVER,