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10-03-78 City Council MinutesRegular Meeting Of The City Council October 3, 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 in said City at 7800 Golden Valley Road on October 3, 1978 at 6:30 p.m. Due to the absence of the Mayor, Mayor Pro -tem, Mary Anderson called the meeting to order. The following members were present: Anderson, Johnson, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Attorney, Robert Skare; City Engineer, Lowell Odland and Council Secretary, Kathy Middleton. Mayor Hoover was absent. Approval of Minutes of September 18, 1978: MOVED by Stockman, seconded by Johnson and carried to approve the minutes of September 18th as submitted. Approval of Minutes of September 25, 1978: MOVED by Johnson, seconded by Stockman and carried to approve the minutes of September 25th as submitted. Approval of Executive Session - September 21, 1978: MOVED by Stockman, seconded by Johnson and carried to approve the statement as read as a summary of the executive session held on September 21st at 6:30 p.m. attached hereto and included as part of the minutes. STATEMENT A closed session of the City Council was held on Thursday, September 21, 1978 at 6:30 p.m. in the Valley Room of the Golden Valley City Hall. The meeting was attended by the City Council, its Special Counsel, Herbert Lefler, and the City Manager, Jeff Sweet. No other person was present. The purpose of the meeting was to enable the City Council to confer with its Special Counsel regarding the status of the litigation with Health Central, Inc., in connection with proposed PUD #17. The decision to hold a closed session for this purpose was made at the regular meeting of the City Council held on September 5, 1978, and is reflected in the minutes of that meeting. A continuous sound recording of the closed meeting was made. The recording was sealed and will be retained in the Mayor's custody. The only subject discussed at the meeting was the status of the litigation. The only action taken was to instruct Special Counsel as to the intent of the Council regarding settlement of the litigation. The meeting was adjourned at 7:20 p.m. Regular Meeting of the City Council - October 3, 1978 Approval of Executive Session - September 21, 1978 (cont.): MOVED by Johnson, seconded by Stockman and carried to approve the statement as read as a summary of the executive session held on September 21st at 7:21 p.m. attached hereto and included as part of the minutes. STATEMENT A closed session of the City Council was held on Thursday, September 21, 1978 at 7:21 p.m. in the Valley Room of the Golden Valley City Hall. The meeting was attended by the City Council, City Attorney, Allen Barnard, and City Manager, Jeff Sweet. No other person was present. The purpose of the meeting was to enable the City Council to confer with the attorney regarding status of litigation brought by the Unification Church. The decision to hold a closed session for this purpose was made at the regular meeting of the City Council held on Spetember 5, 1978, and is reflected in the minutes of that meeting. A continuous sound recording of the closed session was made. The recording was sealed and is being retained in the Mayor's custody. The only subject discussed at the meeting was the status of the litigation. The only action taken was to instruct the Attorney as to the intent of the Council as to how to proceed. The meeting was adjourned at 8:04 p.m. Verified Accounts (Bills and Claims): MOVED by Stockman, seconded by Johnson and carried to approve the payment of the bills as submitted on the prelist. Approval of the Licenses: Councilmember Stockman abstained from voting due to a possible conflict of interest on license #5420, #5421, #5422, #5423, #5424. MOVED by Johnson, seconded by Thorsen and carried to approve the issuance of the licenses as submitted on page 1168. YMCA Pumpkin Sale: MOVED by Johnson, seconded by Thorsen and carried to authorize the outside sale of pumpkins in a commercial zone pursuant to their letter received September 21, 1978. Fil M Regular Meeting of the City Council - October 3, 1978 Application for On -Sale, Off -Sale, Sunday Sale Liquor license - Richell, Inc.: City Attorney reviewed the application. All forms and financial information requested has been received by the City. Mr. William Lubov, Attorney for the proponent, was present to answer any questions. Mr. C. Richard Brisbois, proponent, was present to answer questions. Councilmember Stockman abstained from voting due to possible conflict of interest. MOVED by Thorsen, seconded by Johnson and carried to approve the issuance of the On -Sale, Off -Sale and Sunday Sale liquor license on the condition of payment to the City of any outstanding utility charges due; on the condition that the inspection by the Sanitary Department prove satisfactory and on the condition of a regular form for a personal guarantee from the owner to the City of Golden Valley be received. Notice of Liquor Violation - Golden Hills Liquor Store: City Manager advised the Council of a liquor violation regarding the Golden Hills Liquor Store selling to a minor. MOVED by Johnson, seconded by Thorsen, and carried to consider this matter on the Golden Hills Liquor Violation following the formal court hearing. Minutes of Boards and Commissions Meetinqs: MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the items from G through I and K through M and 0 & P. Board of Zoning Appeal - September 12, 1978; Building Board of Review - September 19, 1978; Human Rights Commission - May 11th, August 10, 1978; Planning Commission - September 11, 1978; H.R.A. - August 28th, September 7th & September 18, 1978; Park and Recreation - August 28, 1978; Housing & Community Development - September 7, 1978; Safety Council - August 28, 1978. Minutes of the Open Space Commission - August 16, 1978: Mary Bowman, Open Space Chair, was present to make a request for an expenditure of $3,950.00 for a consultant. MOVED by Thorsen, seconded by Johnson and carried to direct the Manager to contact Mr. Carl Vogt and draw up a revised proposal to carry out the matter regarding the inventory of open space in Golden Valley and any factors involved with whatever the City Staff would feel should be provided by the Consultant. Planning Commission Re: North Wirth Parkway Redevelopment Plan: Ron Edstrom, Planning Commission member, was present to make their report to the Council MOVED by Stockman, seconded by Johnson and carried to receive and file the minutes of the Planning Commission Meeting of September 25, 1978 regarding the North Wirth Parkway Area. GGL� Regular Meeting of the City Council - October 3, 1978 Mayor Hoover arrived at the meeting at 7:40 p.m. Public Hearinq P.U.D. #22 Brechet and Richter - General Plan: Mr. John Richter, Developer, made a few comments. Mr. Burnett of Volp Construction Company was present to review the structure of the building and to answer questions. Jody Sehlin, Chair of Planning Commission, gave their report and recommendation of unanimous approval with the following conditions: 1. No ingress and egress to Golden Valley Road except for a designated area for emergency vehicle access which is to be landscaped but designed to handle emergency equipment (The Commission notes this use is to be reviewed by the Public Safety Department.) 2. The main truck driveway to be located within 350 feet of the South portion of the site. 3. Exterior lighting. All outdoor illumination shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light therefrom being visible upon adjacent property or streets. 4. Visual barrier planting along West edge of parking lot pavement. 5• 135 foot sideyard setback on West side. 6. Subject to review by Public Safety Department, who should not only review safety aspects but also consider ingress and egress. (refer to Item #1 above) 7. Office space. (see Item #12 of the August 14, 1978 planning report) 8. Percentage of area covered by buildings not to exceed that shown on plot plan (34,000 square feet, total of 51,000 square feet including mezzanine). 9. Consider waiver of performance bond in light of the request by Planning Commission that this came forward as a P.U.D. rather than a zoning request. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mayor noted a letter received by the Council at the meeting of September 21, 1978 by residents listing a number of concerns. Vincent Carlson, 6532 Golden Valley Rd. - In favor. Questions on total site plan. Cliff Skjegstad, 6420 Golden Valley Rd. - In favor. Mayor Hoover closed the public hearing. MOVED by Johnson, seconded by Thorsen and carried to approve the General Plan of P.U.D. #22 subject to the following items as presented by the Planning Commission and amended by the Council: A. Items 1-7 as listed in the August 14, 1978 Planning Report. 1. The site contains a land area of 304,202 square feet, or 6.98 acres. 2. The building coverage is 32,400 square feet, or 11% of the site. 3. Finished floor elevation of the structure is 8761. Elevation of Golden Valley Road ranges from 880' to 882' and Douglas Drive from 879' to 8811. 4. Setbacks for structure and green area are greater than the ordinance requires on the South, West, and North. 5. The structure will be two stories in height with a mansard hand split cedar shingles on the North, East, and West sides. The remainder of the structure will be brick with an epoxy aggregate treatment. 6. Driveways and parking area are blacktop with a 6" concrete curb. 7. Landscaping. a) Berm areas should have elevations and be designed, including plantings for future sidewalks. b) In the final landscaping plan which receives review by the Building Board of Review the plans should indicate the trees to be saved on the site to determine if additional landscaping is needed. B. Items 1-20 as listed as standards in the August 14, 1978 Planning Report. I. No part of the development shall be sold or otherwise transferred from owner- ship except under terms of an approved subdivision. 2. Landscaping shall be properly maintained and replaced if damaged or harmed by winterkill, drought or other causes. 3. Easements for utilities shall be provided if requested by the City. 4. Provisions for surface water drainage shall be as required by the Engineering Department. 5. Trash, garbage, wastes, and other refuse shall be stored and disposed of in the manner as indicated on the approved plans. 6. Exterior storage of wastes, materials, equipment, trucks and other miscellaneous storage shall not be permitted. 7. No identification, rental, advertising, directional, or other signs shall be permitted except those specifically authorized and shown on the approved plans as part of this permit. 8. All development and uses shall be subject to annual inspection by the City for purposes of assuring continued conformity to the provisions of the permit. 9. All structures and grounds shall be properly and well maintained at all times. 10. A public pedestrian trail or easement shall be provided if required by the City Council. (Trail plans indicate present trail West side of Douglas Drive) 11. Changes in the use of floor areas within the buildings shall not be permitted except under terms of an amended special use permit. Permitted exterior changes without an amended special use permit are limited to what is approved on the plan. 12. All uses and development shall conform to office use being not less than 73.7% of the structure and warehouse no more than 26.3% of the structure. (Plan indicates 37,800 square feet office area and 13,500 square feet warehouse, for a total of 51,300 square feet.) Area of building coverage on the site is 32,400 square feet. 13. Interior concrete curbs shall be constructed within the property lines and City Right of Way to separate driving and parking surfaces from landscaped areas. Interior curbs shall not be less than six (6) inches in height. 14. Fire protection measures shall be as required by City Codes and the Public Safety Department. Regular Meeting of the City Council - October 3, 1978 15. Landscaping, as per the approved plans, shall be completely installed. The entire landscaped area shall be completed within 210 days following the completion of the exterior of the building. 16. The applicant's site planners and designers shall certify that development is in conformity to approved plans and conditions of this permit upon completion. 17. The entire site other than that devoted to the structure or landscaped areas shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage, and the areas that have the semi -movement shall be designed to meet the requirements of a minimum nine (9) ton axle load. 18. All outdoor illumination shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light therefrom from being visible upon adjacent property or streets. 19. All mechanical services shall be screened and utilities shall be underground. 20. There shall be no loud speakers utilized or other noice generated that may creat a nuisance on adjacent or nearby property. C. Items 1-8 of the Planning Commission motion from the August 14, 1978 Planning Commission minutes. 1. No ingress and egress to Golden Valley Road except for a designated area for emergency vehicle access which is to be landscaped but designed to handle emergency equipment (The Commission notes this use is to be reviewed by the Public Safety Department). 2. The main truck driveway to be located within 350 feet of the South portion of the site. 3. Exterior lighting. All outdoor illimination shall be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light therefrom being visible upon adjacent property or streets. 4. Visual barrier planting along West edge of parking lot pavement. 5. 135 foot sideyard setback on West side. 6. Subject to review by Public Safety Department, who should not only review safety aspects but also consider ingress and egress. (refer to Item #1 above) 7. Office space. (see Item #12 of the August 14, 1978 planning report) 8. Percentage of area covered by buildings not to exceed that shown on plot plan (34,000 square feet, total of 51,000 square feet including mezzanine). D. Minimum of 80% of the trees located within the 135 foot green area as measured from the West property line to be saved. 1 E. Approval of the Building Board of Review. F. Subject to conditions of the Use Permit. G. Council will waive the 10% cash in lieu of requirement because of items C 5 and D above. H. Council will waive the performance bond, but not the landscaping bond. Upon roll call vote the following were noted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES A Regular Meeting of the City Council - October 3, 1978 Member Stockman introduced and read the following written resolution and moved its adoption: RESOLUTION (Traffic Study) 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 MOVED by Johnson to request the information from the Attorney's office as to whether or not the City can legally restrict utility trucks and information necessary for us to look at a broader policy on the City's transportation policy for Country Club Drive and Golden Valley Road. Hearing no second the motion fails. Assessments Hearing: Mayor opened the meeting for public input on assessments hearing and persons present to do so were afforded the opportunity to express their views thereon. Orkla Drive 77 -SI -12: No one present to express their views. MOVED by Anderson, seconded by Johnson and carried to approve the assessment of Project 77 -SI -12. Western Avenue 77 -SI -13: Leonard Masbaum, 105 Florida Court - During course of improvements of street damage was done to his property. Would like this repaired. Mr. Luken, 6401 Glenwood - Concerned with assessment of Western Avenue. MOVED by Thorsen, seconded by Anderson and carried to approve the assessment of the Project 77 -SI -13. MOVED by Thorsen, seconded by Johnson and carried to change the assessment of this property at 6401 Glenwood Avenue to be just 40 feet because of the unusual configura- tion of the way the road touches the lot. Sunnyridge Lane 77 -SI -14: No one present. MOVED by Thorsen, seconded by Johnson and carried to approve the Project of 77 -SI -14. Glenwood 77 -SI -16: No one present to express their views. Regular Meeting of the City Council - October 3, 1978 MOVED by Anderson, seconded by Stockman and carried to approve the Project of 77 -SI -16. Sanitary Sewer - Duluth St. 77 -LF -5: No one present to express their views. MOVED by Anderson, seconded by Thorsen and carried to approve the Project of 77 -LF -5. Street Lights: No one present to express their views. MOVED by Stockman, seconded by Johnson and carried to approve the street light assessment. Ornamental Lighting - Ridgeway Rd. S. of Harold R.: MOVED by Anderson, seconded by Stockman and carried to approve the street light installation charge. Lateral Sewer: 77-2 77 -LF -4 & 77-WM-5 Representative from International Paper Co., 6100 Olson Highway - Concerned with special assessment against them. MOVED by Thorsen, seconded by Anderson and carried to approve the assessment of Project 77 -LF -4. MOVED by Anderson, seconded by Stockman and carried to approve the assessment of Project 77-WM-5. Weed Eradication: MOVED by Stockman, seconded by Anderson and carried to approve the assessment for the 78 Weed eradication. Delinquent Utility Billing - 78 MOVED by Thorsen, seconded by Stockman and carried to approve the payment of the delinquent utility bills. Dutch Elm Removal: Councilmember Thorsen abstained from voting due to a possible conflict of interest. MOVED by Anderson, seconded by Stockman and carried to approve the assessment for Dutch Elm removal. Regular Meeting of the City Council - October 3, 1978 Sealcoating: MOVED by Anderson, seconded by Thorsen and carried to approve the sealcoat assess- ment for Kewanee Way and Unity Avenue. Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 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 MOVED by Anderson, seconded by Thorsen and carried to certify the delinquent utility bills. MOVED by Johnson, seconded by Anderson and carried to certify the unpaid weed Eradication and Diseased Tree Control Charges. Councilmember Thorsen abstained from voting on diseased tree control due to a possible conflict of interest. MOVED by Stockman, seconded by Johnson and carried to request the staff to meet with the property owner of 105 Florida Court to negotiate a reasonable sum, equal to the other property owners, to resod his damaged property. Budget Hearing Adoption: Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Adopting a Budget for 1979 and Establishing the City Property Tax Levy for 1978 Collectible in 1979); 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 the following voted against the same: Thorsen, 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 Johnson introduced and read the written resolution and moved its adoption: RESOLUTION DESIGNATING PROPOSED EXPENDITURES OF REVENUE SHARING FUNDS -ENTITLEMENT PERIOD 10 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: Regular Meeting of the City Council - October 3, 1978 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 jr f Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION (Establishing Equipment Reserve Fund) 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 k_ Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Establishing a Park Reserve Fund) 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 / Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Authorizing and Directing Cancellation of 1978 Levy for Various Improvement Bonds) 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 passed and adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page Second Reading - Dog Ordinance: MOVED by Anderson, seconded by Stockman and carried to bring on the table for second reading an ordinance amendment entitled: ' AN ORDINANCE AMENDING THE ZONING CODE (Dog Control) MOVED by Thorsen, seconded by Johnson and carried to declare a moratorium on further plantings excluding brome grass and for staff to proceed with whatever commitment they feel appropriate regarding the brome grass. Councilmember Stockman voted nay. Mayor Hoover left the meeting at 10:20 p.m. Councilmember Anderson took the chair as Mayor Pro -tem. Tanya Slaughter, 4642 S. Cedar Lk. Rd. Re: Natchez Ave. & Highway #100: City Engineer gave a brief background of the posting of these signs. Mayor Pro -tem opened the meeting for public input. Tanya Slaughter, 4642 S. Cedar Lk. Rd. - was present to make her request. Al Trango, 4412 Cedar Lk. Rd. - Would like the signs taken down. Mrs. Delblock, 1653 Portland - Would like a new study done. M. Wild, 1600 Princton - Would like the signs on Natchez removed. Jody Sehlin, 4525 Douglas Ave. - Briefly reviewed the reasons some of the signs were installed. Diane Banta, 4612 S. Cedar Lk. Rd. - Would like signs taken down. R. H. Bloom, 4417 Avondale Rd. - Would not like the signs taken until further study is taken. r; 'Zj Regular Meeting of the City Council - October 3, 1978 MOVED by Anderson, seconded by Thorsen and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON -YES STOCKMAN - YES THORSEN - YES Waiver of Platting Ordinance - 434 Tosemite Ave. N. & Valley Wood Circle: MOVED by Anderson, seconded by Thorsen and carried to defer this item to the meeting of November 6, 1978. Gary Edelston, Landscaping of Ponds: MOVED by Thorsen, seconded by Stockman and carried to receive and file the letter from Gary Edelston. Mr. Gary Edelston, was present to make his request. Burt Brown, Chair of Park and Recreation Commission, gave the commission's recommendation to re-seed with Brome grass this fall. MOVED by Thorsen, seconded by Johnson and carried to declare a moratorium on further plantings excluding brome grass and for staff to proceed with whatever commitment they feel appropriate regarding the brome grass. Councilmember Stockman voted nay. Mayor Hoover left the meeting at 10:20 p.m. Councilmember Anderson took the chair as Mayor Pro -tem. Tanya Slaughter, 4642 S. Cedar Lk. Rd. Re: Natchez Ave. & Highway #100: City Engineer gave a brief background of the posting of these signs. Mayor Pro -tem opened the meeting for public input. Tanya Slaughter, 4642 S. Cedar Lk. Rd. - was present to make her request. Al Trango, 4412 Cedar Lk. Rd. - Would like the signs taken down. Mrs. Delblock, 1653 Portland - Would like a new study done. M. Wild, 1600 Princton - Would like the signs on Natchez removed. Jody Sehlin, 4525 Douglas Ave. - Briefly reviewed the reasons some of the signs were installed. Diane Banta, 4612 S. Cedar Lk. Rd. - Would like signs taken down. R. H. Bloom, 4417 Avondale Rd. - Would not like the signs taken until further study is taken. 230 Regular Meeting of the City Council - October 3, 1978 Mayor Pro -tem closed the informal hearing. MOVED by Stockman, seconded by Thorsen and carried to refer this to the Staff requesting that an analysis be taken on the effect this has on our citizens as well as the citizens of St. Louis Park and also that the Staff meet with the staff of St. Louis Park to explore the possibility to end this problem with their citizens. W. Crawford, MNDOT Re: Replacing radio tower: MOVED by Thorsen, seconded by Stockman and carried to receive and file the letter from Minnesota Department of Transportation. Little League Field Relocation: Burt Brown, Park and Recreation Commission, was present to make a request to the Council for permission for the Golden Valley Little League to relocate at Wesley Park. MOVED by Johnson, seconded by Thorsen and carried that the Park and Recreation Commission hold an informal public hearing with the heighborhood of Wesley Park in order to explain and get input on this issue before the final approval is given by the Council. Attorney Report Re: Amendment to Human Rights Ordinance: MOVED by Johnson, seconded by Stockman and carried to put this on the agenda for the meeting of October 16, 1978. Linda Terrell, N.W. Hennepin Human Services Council Re: Representative: MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter from Northwest Hennepin Human Services Council. Glen Cording, Re: Resignation from the Building Board of Review: MOVED by Johnson, seconded by Stockman and carried to receive and file the letter of resignation and request the Mayor to send a letter of thanks. John Dietrich Re: Resignation from the Environmental Commission: MOVED by Stockman, seconded by Thorsen and carried to receive and file the letter of resignation and request the Mayor to send a letter of appreciation. Dean Knutson, 1109 Welcome Circle Re: Final Landscaping on 5900 Block on Golden Valley Rd.: MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter from Mr. and Mrs. Dean Knutson and to ask the Mayor to respond. 231 Regular Meeting of the City Council - October 3, 1978 M. Ritland Re: License to trap squirrels: City Manager stated that Mr. Ritland has been live trapping squirrels that were doing damage to his property and requested the Council take some action on this. MOVED by Johnson, seconded by Thorsen and carried to authorize Mr. Ritland to live trap squirrels in accordance with the City Ordinance. Councilmember Stockman voted nay. Engineering Report Re: Country Club Drive: City Engineer reviewed the initial request to alleviate the drainage problem on Country Club Dirve. Mr. Odland recommended that the City install a sump near the outlet of the existing storm sewer. MOVED by Stockman, seconded by Thorsen and carried to accept the City Engineer's recommendation to alleviate the problem at the Golden Valley Country Club with an installation of a sump. MOVED by Thorsen, seconded by Johnson and carried to authorize the appropriation of $3,571.50 from the Public Works Reserve Fund for this project. Engineering Report Re: Bassett Creek Flooding Feasibility Study: City Engineer reviewed the meeting of the Bassett Creek Flood Control Commission at which meeting the Commission adopted a resolution calling for a feasibility study for the portion of the Creek between T.H. 100 and T.H. 55. MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of August 17, 1978. MOVED by Johnson, seconded by Stockman and carried to ask our Representative, Mr. Edward Silberman, to come to our November 6th Council. Meeting at 6:30 p.m. to discuss the Lake Improvement District. Call Public Hearing Held Property Rezoning to B & P.O.: MOVED by Thorsen, seconded by Johnson and carried to set a public hearing for rezoning to B & P.O. for November 6, 1978• August Budger Report: MOVED by Stockman, seconded by Johnson and carried to receive and file the August Budget Report. Manager's Memo Re: Vacated Vermont: MOVED by Thorsen, seconded by Stockman and carried to authorize the expenditure of $6,200.00 from Public Works Reserve Fund for the acquisition of Maren Lane. 231 . Regular Meeting of the City Council - October 3, 1978 M. Ritland Re: License to trap squirrels: City Manager stated that Mr. Ritland has been live trapping squirrels that were doing damage to his property and requested the Council take some action on this. MOVED by Johnson, seconded by Thorsen and carried to authorize Mr. Ritland to live trap squirrels in accordance with the City Ordinance. Councilmember Stockman voted nay. Engineering Report Re: Country Club Drive: City Engineer reviewed the initial request to alleviate the drainage problem on Country Club Dirve. Mr. Odland recommended that the City install a sump near the outlet of the existing storm sewer. MOVED by Stockman, seconded by Thorsen and carried to accept the City Engineer's recommendation to alleviate the problem at the Golden Valley Country Club with an installation of a sump. MOVED by Thorsen, seconded by Johnson and carried to authorize the appropriation of $3,571.50 from the Public Works Reserve Fund for this project. Engineering Report Re: Bassett Creek Flooding Feasibility Stud City Engineer reviewed the meeting of the Bassett Creek Flood Control Commission at which meeting the Commission adopted a resolution calling for a feasibility study for the portion of the Creek between T.H. 100 and T.H. 55. MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Bassett Creek Flood Control Commission of August 17, 1978. MOVED by Johnson, seconded by Stockman and carried to ask our Representative, Mr. Edward Silberman,.to come to our November 6th Council.Meeting at 6:30 p.m. to discuss the Lake Improvement District.. Call Public Hearing Held Property Rezoning to B & P.O.: MOVED by Thorsen, seconded by Johnson and carried to set a public hearing for rezoning to B & P.O. for November.6, 1978. August Budger Report: MOVED by Stockman, seconded by Johnson and carried to receive and file the August Budget Report. Manager's Memo Re: Vacated Vermont: MOVED by Thorsen, seconded by Stockman and carried to authorize the expenditure of $6,200.00 from Public Works Reserve Fund for the acquisition of Maren Lane. 232 Regular Meeting of the City Council — October 3, 1978 Relocation of Post Office: City Manager reviewed the meeting held with the Minneapolis Postmaster and his staff. MOVED by Thorsen, seconded by Johnson and carried to authorize a report from Staff to be submitted to the Council at its first meeting in December on possible uses of the postal site and their financing of it. Amendment to City Vehicle -Use Policy: MOVED by Thorsen, seconded by Johnson and carried to authorize the $75.00 per month for mileage to the deputy directors of Public Safety for the City Vehicle use. Extension of CETA Funding through 1978: MOVED by Johnson, seconded by Stockman and carried to authorize the Mayor and City Manager to enter into the amendment to the CETA contract. Supplemental Budget Adjustment L.E.A.A.: MOVED by Johnson, seconded by Stockman and carried to increase the general fund revenues (transfers in) by.$57,467 and increase general fund expenditures (police) by $57,467 for the budget year 1978. Acquisition of Right -of -Way for Wisconsin Avenue: Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION (Authorizing the acquisition by purchase or condemnation of certain property for Wisconsin Avenue right-of-way street, road and utility purposes as a part of Wisconsin Avenue) 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, 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 Pro -tem and her signature attested by the City Clerk. See Resolution Book page MOVEDby Johnson, seconded by Thorsen and carried to approve acquisition of the 9,200 feet of the clinic property at $18,400.00 and authorize the Mayor and Manager to enter into the purchase agreement. [i F] 1 1 233 Regular Meeting of the City Council - October 3, 1978 Bid Opening 9/13/78 11:00 a.m. 78 WM 5, 78 LF 4: City Manager presented the.bids and recommended award to Axel Newman as the low bidder. MOVED by Johnson, seconded by Stockman and carried to award the contract to the low bidder Axel Newman in the amount of $59,999.74. Housing Community Development Bonus Grant Funds: MOVED by Johnson, seconded by Stockman and carried to transfer $15,000 to the H.R.A. account for planning and administration from CDBG Year 11 Housing Administration Project. MOVED by Johnson, seconded by Thorsen and carried to authorize the submission of a letter of intent to the Metropolitan Council for up to $250,000 in Bonus Housing and Community Development Grant Funds. MOVED by Johnson, seconded by Stockman and carried to inform the Planning Commission of this letter of intent to the Metropolitan Council, for their information only. Quotations Re: Sod: City Manager reviewed the request for the purchase of sod from Annandale Sod becuase of an emergency situation where wash -outs occurred due to heavy rains. Mr. Feltl called the companies that gave low quotes for sod last summer but they were out of sod. Mr. Feltl then called Annandale Sod and purchased the sod. MOVED by Thorsen, seconded by Johnson and carried to ratify the purchase of the sod from Annandale Sod. Quotations Re: Painting: City Manager presented the quotations received for the painting of the fire Pumper. Recommended award to the low bidder Jim's Lyndale Body Shop for $1,330• Quotations received: Jim's Lyndale Body Shop $1,330 C.M. Odtzian & Son, Inc. $1,400 MOVED.by Johnson, seconded by Stockman and -carried to authorize the painting of the fire pumper by Jim Lyndale Body Shop for $1,330 as low quote. City Manager requested that the Council grant approval of the tank replacement by General Safety for $1,325. Recommended approval on this item without competitive bidding because of their close proximity to us and the fact that they built the Pumper originally. MOVED by Thorsen,.seconded by:Stockman and carried that we approve the tank replace- ment from General Safety for $1,325: -for the r.easons'given by.the City Manager. Regular Meeting of the City Council - October 3, 1978 Planning Analysis Re: Vallee D'Or Residential PUD Land: MOVED by Stockman, seconded by Johnson and carried to refer this'to the Open Space Commission for their consideration and to the Planning Commission for their information with a cover letter from the Mayor stating this is for their information only not comment. Agreement with New Hope Re: Sanitary Sewer: MOVED by Thorsen, seconded by Johnson and carried to authorize the Mayor and City Manager to enter into agreement with New Hope for the proposed sewer connection:. for Mobil Oil Company. Quotations Electric Control Box. City Manager presented quotations received. Because only one quote was received, recommended award to Industrial Electric Company for $4,300.00. Quotation received: Industrial Electric Company $4,300.00 MOVED by Johnson, seconded by Thorsen and carried to approve the quote of $4,300.00 from Industrial Electric Company for removal and replacement of the electric control box. Solicitors Ordinance Amendment: MOVED by Johnson, seconded by Stockman and carried to place the discussion for the solicitors license on an executive session at 6:00 p.m. October 10th with the rationale that this is intertwined with the legal action taken against us. Association of Metropolitan Municipalities Meeting - October 12, 1978: MOVED by Johnson, seconed by Thorsen and carried to receive and file the communi- cation from the Association of Metropolitan Municipalities. Councilmembers Anderson and Thorsen will attend. Ind. Schoo. District #281 Re: Joint Quarterly Meetings: MOVED by Thorsen, seconded by Johnson and carried to receive and file the notice of dates. Senator Humphrey III Re: Hennepin County Delegation Meetings for Municipalities. MOVED by Johnson, seconded by Thorsen and carried to change the worksession to Tuesday, November 14th. MOVED by Thorsen, seconded by Johnson and carried to receive and file the letter from Senator Humphrey III Hennepin County Delegates. NUMINd Flom Regular Meeting of the City Council - October 3, 1978 Appointment to Commissions: MOVED by Stockman, seconded by Johnson and carried to receive and file the Mayor's memo of the Valley Square Commission appointment. October Worksession: MOVED by Johnson, seconded by Stockman and carried to adopt the three items for the worksession Council/Commission Relation Council Evaluation of City Manager Councilmember Stockman memo Re: Council Secretary making a calendar of events Adjournment• MOVED by Stockman, seconded by Thorsen and carried to adjourn at 12:30 p.m. to the Council Worksession of October 10th. ATTEST: COUNCIL CgTARYtX RY 1 MAYOR PRO EM 236 L' I