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09-05-78 City Council Minutes19, 2 Regular Meeting, Of The City Council September 5, 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 September 5, 1978 at 6:30 p.m. The following members were present: Anderson, Hoover, Johnson, Stockman and Thorsen. Also present were: Jeff Sweet, City Manager; Lowell Odland, City Engineer; Robert Skare, City Attorney; and Kathy Middleton, Council Secretary. Approval of Minutes of August 21, 1978: MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of August 21, 1978 as corrected: page 173 - Under Public Hearing P.0 D. #18A Concept Plan Laurel Avenue 170' West of Turners Crossroad: Should be deferred to September 18th meeting. 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. Dutch Elm Disease: City Manager presented a letter from the Director of Parks and Recreation stating that a number of Elm Trees have been mis-measured and therefore, resulting in a total of $2,990.00 owed to our City Tree Contractor. Out of the $2,990.00, $600 should be charged to Acct. #4385 and the remainder of $2,390 to Acct. #4420. MOVED by Anderson, seconded by Johnson and carried to pay the bill of $2,990.00 as recommended by the City Manager. Approval of Licenses: MOVED by Johnson, seconded by Stockman and carried to approve the issuances of the licenses as submitted on page 977. Minutes of the Planning Commission Meeting - August 14 & 28, 1978: MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission Meetings of August 14th and August 28, 1978. Minutes of the Housing & Community Development Commission Meeting - August 23, 1978: MOVED by Johnson, seconded by Thorsen and carried to receive and file the minutes of the Housing & Community Development Commission Meeting of August 23, 1978• 1 11 Regular Meeting of the City Council - September 5, 1978 Minutes of the Safety Council Meeting - July 24, 1978: MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Safety Council Meeting of July 24, 1978. MOVED by Anderson, seconded by Thorsen and carried to authorize the installation of a stop sign on Major Avenue North at 34th Ave. N. as recommended by the Safety Council. Minutes of the Special Meetinq of Park and Recreation Commission - August 15, 1978 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Special Meeting of the Park and Recreation Commission of August 15, 1978. Mary Hills Park: Burt Brown, Acting Chair of Park and Recreation Commission, was present to make a request to the Council for a recreation facility in the space north of the new Northeast Fire Station. Five maps were presented showing five different plans for this facility. The Commission recommended the Plan #5 along Dresden Lane, which would require a joint powers agreement with Robbinsdale. John Brenna, Director of Park and Recreation Department, was present to discuss the joint powers agreement with Robbinsdale and the financial status of this park. MOVED by Anderson, seconded by Johnson and carried to give concept approval for the recreation facility and Plan #5 as proposed by the Park and Recreation Commission. Roxanne McCabe, HRC Re: Proposed ordinance change: Roxanne McCabe, Human Rights Commission member, made a request to the Council to add "Sexual Preference" to the Human Rights Ordinance. MOVED by Anderson, seconded by Thorsen and carried to request the Staff to prepare a memo regarding this matter and proposed revision to return to the Council no later than one month from now. Monica Sheridan Re: Resiqnation from Environmental Commission: MOVED by Anderson, seconded by Johnson and carried to receive and file the letter of resignation and to request the Mayor to send a letter of thanks for her service. James Haglund Re: Resignation from Park and Recreation Commission: MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter of resignation and to request the Mayor to send a letter of thanks for his service. David Kahn Re: Resignation from Park and Recreation Commission: MOVED by Stockman, seconded by Anderson and carried to receive and file the letter of resignation and request the Mayor to send a letter of appreciation for his service. Regular Meeting of the City Council - September 5, 1978 Wayne Burggraaff, Richfield Re: Resolution Supporting City of Richfield Lawsuit Contesting PELRA Compulsory Binding Arbitration Provision: Member Anderson introduced and read the following resoution and moved its adoption and to authorize the expenditure of $100 for contribution to be drawn from the General Contingency Fund. RESOLUTION SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS 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 s'�_ Dr. Carroll Vomhof, Community Education Re: Representatives to Adviso Committee: MOVED by Thorsen, seconded by Johnson and carried to direct the Mayor to write to the Chair of the Board of Education of District #281 that we renominate as our representatives on the Advisory Council Verne Baker and John Fischbach. MOVED by Anderson, seconded by Johnson and carried to request the Mayor to send a letter to Verne Baker and John Fischbach thanking them for their willingness to serve. Virginia Levy, League of Women Voters Re: Human Rights Commission Proposed Ordinance Chanqe: MOVED by Johnson, seconded by Thorsen and carried to receive and file the communication from the League of Women Voters. Paul Gallick, G.V. State Bank Re: Request for Building Permit: MOVED by Anderson, seconded by Thorsen and carried to defer action on this until the meeting of September 18, 1978. Public Hearing Rezoning - 625 Decatur Ave. North for light industrial: MOVED by Johnson, seconded by Stockman and carried to defer the public hearing for rezoning for Decatur Ave. North to the September 18th meeting as requested by the Proponent. Public Hearing Rezoning - Scattered Site Housing Sites: Virginia Levy, Chair of Housing & Community Development Commission, gave a brief review of the information meetings held with residents of each of the sites. Regular Meeting of the City Council - September 5, 1978 Public Hearing Rezoning - Scattered Site Housing Sites: The Commission recommended these sites to the Council: Scott Avenue - for a duplex Douglas Drive site - for a fourplex Part or all of the Plymouth and Gettysburg site, or the Plymouth and Boone site; the choice should depend upon soil tests, environmental assessment, cost and the likelihood of other private development - for 3 duplexes The Commission strongly recommends that the Council not consider the Lindsay Street site for subsidized housing. Don Hughes, Planning Commission member, reviewed the recommendation of the Planning Commission. The recommendation from the Planning Commission was that out of the five sites proposed only the land use for Scott Avenue be approved. Mayor Hoover opened the meeting for general questions. David Johnson, 2141 Brunswick Ave. - Concerned with what P.U.D. stands for. Mayor Hoover opened the meeting for public input on specific sites and persons present to do so were given the opportunity to express their views thereon. Scott Avenue & #100: No one present. Lindsay Avenue & #100: Ann Wilson, 1125 Welcome Circle - Opposed to housing project. Presented a petition with 90% of the homeowners against the project. Douglas Drive North of Duluth Site: Mrs. Joe Mastrian, 2101 Brunswick Ave. N.- Questions on total site plan. Plymouth Site: Barbara Brown, 1409 Independence - Unclear of location for site. L.J. Harvatin, 1310 Castle Court - Opposed to Boone & Plymouth sites. Additional General Comments: Carl Wilson, 1125 Welcome Circle - Opposed. N. Friedemann, 1121 Welcome Circle - Concerned with the Cities relationship with Canadian Finance Corporation. Russ Allanson, 1114 Welcome Circle - Opposed to housing. Mayor Hoover closed the public hearing. Regular Meeting of the City Council - September 5, 1978 Public Hearing Rezoning - Scattered Site Housing Sites: cont MOVED by Stockman, seconded by Johnson and carried that the Lindsay Avenue and Highway #100 site be eliminated from the list. MOVED by Johnson, seconded by Stockman and carried to accept the Scott Avenue and Highway #100 site as recommended by the Housing & Community Development Commission to be deisgnated for scattered site housing site for a duplex. MOVED by Anderson, seconded by Johnson and carried to accept site #4 Douglas Drive as a site for four units with the condition that the site plan take into account a design that would allow compatible development to the North. MOVED by Johnson, seconded by Anderson and carried to accept the Gettysburg and Plymouth sites as one of the sites for scattered site housing and the kind of building can be designated depending on the site design. Member Thorsen voted nay. MOVED by Anderson, seconded by Johnson and carried to continue the public hearing for these three sites to November 6, 1978. MOVED by Thorsen, seconded by Johnson and carried that it is the intent of this Council to implement the two recommendations of the Housing & Community Develop- ment Commission in regard to the Review Committee and Open Houses as the basis for citizen involvement and that we ask the Staff to bring this matter before us at the appropriate time. Public Hearing 78 WM 5 Maren Lane and Wisconsin Avenue: City Engineer stated the proposed project consists of installing watermain on Wisconsin Avenue and Proposed Maren Lane. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their opinions thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. Member Anderson introduced and read the written resoliution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78 WM 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 folloiwng 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� Regular Meeting of the City Council - September 5, 1978 Public Hearing 78 WM 5 Maren Lane and Wisconsin Avenue: con't Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 78 WM 5 The motion for the adoption of the foreqoinq 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 -,�,1 Public Hearing 78 LF 4 Maren Lane: City Engineer stated this proposed project consists of installing sanitary sewer on proposed Wisconsin Avenue North and Proposed Maren Lane: Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. No Persons were present to express their opinions. Mayor Hoover closed the hearing. Member Thorsen introduced and read the written resolution and moved its adoption. RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 78LF4 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockmanand 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 '-he written resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 78 LF 4 Regular Meeting of the City Council - September 5, 1978 Public Hearing,'78 LF 4 Maren Lane: (con't) The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote bieing 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 MOVED by Anderson, seconded by Stockman and carried that it is the intent of the Council not to assess more than $15.00 or $16.00 a foot on this project. Public Hearing RSL #92 Perry Avenue North: City Engineer stated this project was for installation of three 175 watt mercury vapor lights on new polies on Perry Avenue: Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Marge Hanson, 4920 West Bend Road - Concerned with placement of the poles. Sue Eastes, 2070 Ordway St. - Questioned why the lights were requested. J.E. Culhane, 4925 West Bend Road - In favor Mr. Mars, 4840 Markay Bridge - Concerned where the pole is being placed. D.E. Tracey, 2142 Perry Ave. - Opposed. Do not like the looks of the light. Rosemary Mars, 4840 Markay Bridge - Would prefer decorative lighting. J.E. Rausch, 4840 Westbend Rd. - Concerned with the two types of lighting. Mayor Hoover closed the hearing. MOVED by Johnson, seconded by Thorsen and carried to continue the public hearing on RSL #92 until thetime the residents come in with another petition for ornamental street lighting. Noble Avenue Street Repair: City Engineer reviewed the street condition: MOVED by Stockman, seconded by Johnson and carried to authorize the Engineering Department to expend $1,500 for street repair for Noble Avenue at Bassett Creek Drive. Mayor Hoover voted nay. 1 199 Regular Meeting of the City Council - September 5, 1978 Noble Avenue Street Repair (con't): Mrs. Rudolph Martignacco, 4846 Golden Valley Rd. - presented pictures to the Council showing damaged walkwav on Noble Avenue. MOVED by Anderson, seconded by Johnson andcarried to request from Staff at the next meeting information on 1) temporary immediate kinds of solution to the problem, 2) information on replacing the culvert to specifications that would enable state aid roadway plus sidewalks, 3) total improvement on Noble Avenue. MOVED by Johnson, seconded by Stockman and carried to request the Mayor to send a letter to District #281 acknowledging their letter and outlining the kind of information requested as well as the liability the City faces and requesting the School Board consider bussing students until the City can take some action to remedy this problem. Proposed Amendment to Dog Ordinance: Dr. Gordon Johnson, Golden Valley - was present to answer questions. MOVED by Anderson, seconded by Thorsen and carried to direct the Staff to prepare the dog ordinance with the wording for Section 615.39 of two or more persons, each of a different household, instead of four persons to be placed on the next council agenda for first reading. Bid Opening 8/29/78 Fire Stations: City Manager reviewed the bids received and recommended two actions. 1. To rebid the Northeast Fire Station. 2. To award the bid on the Southeast Fire Station to the low bidders, West Electric, Inc., Grendahl Mechanical, Inc. and Lowry Hill. Construction bid for the total amount of $283,625. Mr. Tom Cofman, Wallace & Mundt, Architects - was present to answer Questions. MOVED by Anderson, seconded by Johnson and carried to reject all the bids for the Northeast Fire Station. MOVED by Johnson, seconded by Thorsen and carried to award the bid to the low bidders for the Southeast Fire Station taking the deducts as specified by Staff and authorize the Mayor and Manager to enter into the appropriate contract for the Southeast Fire Station for the total amount of $283,625. MOVED by Johnson, seconded by Thorsen and carried to approve the method of providing additional revenue for financing the deficit as recommended by the City Manager. 1) Not to fill the Administrative Assistant position in the Public Safety Depart. 2) Reduce expenditures for equipment to $10,000 total for both stations. 3) Apply proceeds of sale of fire station #2 towards construction costs. 200 Regular Meeting of the City Council - September 5, 1978 Bid Opening 8/7/78 Re: Fire Truck: City Manager presented the bids and recommended award to General Safety Equipment. MOVED by Johnson, seconded by Thorsen and carried to award the Cid of purchase of a fire truck from General Safety Equipment Corporation in the amount of $85,709• Bid Opening 8/3/78 78 WM 1, 78 LF 1, 78 SS 5: City Manager presented the bids and made recommendation to award construction to Burschville Construction as low bidder. MOVED by Anderson. seconded by Stockman and carried to award the bid for construction to Burschville Construction Company in the amount of $70,608.00 as the low bid. Townhouse Assessment Policy: City Manager reviewed the assessment of the cost of sealcoating of Unity Avenue to a townhouse or planed unit development. Staff recommendation was that the assessment be done on a per parcel basis with the total cost for the improvement being divided equally between the people in the planned unit develop- ment or townhouse. MOVED by Anderson, seconded by Johnson and carried to accept the staff recommend- ation. Temporary Loan to Finance Rhode Island Acquisition: MOVED by Johnson, seconded by Anderson and carried to approve the loan to the H.R.A. for $37,440 and that the funds are to be appropriated from the Utility Fund at 6% interest. MOVED by Anderson, seconded by Johnson and carried to approve the loan to the City in the amount of $303,648.80 for the purchase of properties along the West side of Rhode Island Avenue North to be appropriated from the Utility Fund to the State Aid Construction Fund. Quotations Re: Greensmower - Brookview Golf Course: Councilmember Thorsen abstained from voting due to a possible conflict of interest. City Manager presented the quotations received and recommended the award to Minnesota Toro, Inc. �i n 1 Regular Meeting of the City Council - September 5, 1978 Quotations Re: Greensmower - Brookview Golf Course: con't Quotations received were: Minnesota Toro, Inc. $4,970.00 Reinders Turf Equipment $6,138.75 Tri State Toro Company $6,200.00 MOVED by Johnson, seconded by Anderson and carried to award the purchase of a greensmower from Minnesota Toro, Inc. for $4,970.00 as the low quote. Quotations Re: Retaining Wall Material (logs) - Brookview parking lot: City Manager presented the quotations received and recommended the award to Page & Hill Forest Products, Inc. as the low quote. Quotations received were: Page & Hill Forest Products, Inc. $6.45/each $3,870 St. Regis Paper Company $7.16/each $4,296 Thompson Lumber Company $9.97/each $5,982 MOVED by Anderson, seconded by Thorsen and carried to award the purchase of the retaining wall logs from the low quote, Page & Hill Forest Products, Inc. in the amount of $3,870. tations Re: Tree Removal - Bassett Creek: City Manager presented the quotes received and recommended award to Tri-State Tree Service, Inc. Quotations received were: Tri-State Tree Service, Inc. Tim's Tree Service, Inc. $2,950.00 3,470.00 MOVED by Johnson, seconded by Thorsen and carried to award the contract for tree removal to Tri-State Tree Service, Inc. in the amount of $2,950.00 as the low quote. Quotations Re: Air Compressor - Brookview: City Manager stated that a number of firms were contacted for repair of the unit, but only one can do the job now, whereas the others have a two week waiting list. Therefore, recommendation is to Thomas Air Conditioning for $2,075 to be taken from the Golf Operation Budget Capital Outlay Fund. MOVED by Johnson, seconded by Thorsen and carried to approve the quote from Thomas Air Conditioning in the amount of $2,075 to do the repiar work on the air conditioner. �1 WIN Regular Meeting of the City Council - September 5, 1978 1979 Budget: MOVED by Anderson, seconded by Thorsen and carried to receive and file the 1979 budget report and discuss it at the special budget meeting on Thursday, September 7th. Contract to Conduct Economic Study of Valley D'or Townhouse: City Manager reviewed the preparations being taken for a contract to conduct the economic feasibility study of Valley D'Or Townhouses which would anlayze the impact of not completing Phase II. No Council action taken. Human Resources Associates Re: Authorization to sign agreement. MOVED by Johnson, seconded by Anderson and carried to authorize the Mayor and Manager to sign the new agreement for Human Resources Associates. Appointment to Northwest Human Services: Council consensus for the Mayor to set up an appointment with Barbara King Smith for an interview. Appointments to Valley Square Commission: Council consensus to defer action for two weeks so all past Valley Square Commission Members can be surveyed to see if interested in serving on the new commission. Ordinance Permitting Gambling by Charitable Organizations: MOVED by Anderson, seconded by Johnson and carried for Council to review prior information received and defer to November 6th Council Meeting. Mary Anderson Re: Council/Commission Relations: Councilmember Anderson submitted a reporton.concerns with Council/Commission relations. MOVED by Johnson, seconded by Thorsen and carried to receive and file the report from Councilmember Anderson. MOVED by Johnson, seconded by Thorsen and carried to set October 10th for the next Council worksession. Items for agenda: Council/Commission Relations - Memo from Councilmember Anderson Council Evaluation of City Manager. Resolution Creating T.H. #12 Task Force: Member Anderson introduced and read the written resolution and moved its adoption: Im 203 Regular Meeting of the City Council - September 5, 1978 Resolution Creating T.H. #12 Task Force: con't RESOLUTION (Authorizing Participation in Highway #12 Task Force) The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon. the followinq 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 MOVED by Thorsen, seconded by JJoohnson and carried to authorize the Mayor to contact the T.H. #12 Committee members to survey which members we should appoint to which intercommunity task force. MOVED by Johnson, seconded by Anderson and carried to request the Mayor to send a letter to the residents along T.H. #12, South of #55, to update them as to the process of what has transpired. Council Secretary: Councilmember Stockman requested that a weekly calendar listing Council activities be made for the Council's use. Council consensus to put this on the October 10th worksession. Laurel fond Area Request: Councilmember Thorsen received an invitation for the Council on a presentation concerning priairie grass. Council consensus was not to accept this invitation at this time. Other Items: MOVED by Anderson, seconded by Johnson and carried to appoint Rachel Tollefson to the Human Rights Commission to be effective until February 28, 1979• MOVED by Thorsen, seconded by Johnson and carried to appoint Orion Benson to the Environmental Commission to be effective until February 28, 1981. MOVED by Anderson, seconded by Thorsen and carried to appoint Earl Hoffman to the Environmental. Commission to be effective until February 29, 1980. MOVED by Johnson, seconded by Stockman and carried to set September 21, 1978, at 6:30 P.M. in the Gold Room, for an executive session regarding the lawsuits with Health Central and the Unification Church using the standard format. W4, Regular Meeting of the City Council - September 5, 1978 Ad j ou rnmen t: MOVED by Stockman, seconded by Johnson aid carried to recess at 12:40 p.m. to September 7th Budget Meeting at 7:30 p.m. ATTEST: COU CIL FCRETARY LICENSES FOR APPROVAL SEPTEMBER 5, 1978 NO. LICENSEE TYPE FEE 5397 A & J Enterprises N.P. Vend 1 5.00 5398 A & J Enterprises Per. Vend 2 20.00 5399 A & J Enterprises Per. Vend 2 20.00 5400 A & J Enterprises N.P. Vend 2 7.50 5401 A & J Enterprises Cig. 6.00 5402 A & J Enterprises Per. Vend 1 15.00 5403 A & J Enterprises N.P. Vend 2 7.50 5404 Ala Carte Cig. 6.00 5405 Ala Carte Per. Vend 1 15.00 5406 Ala Carte N.P. Vend 1 5.00 5407 Bang Bang Oil Co. Sp. Food Handling 20.00 + 2.00 penalty 5408 Sigurd Olson School Food Estab. Exempt 1