11-03-80 City Council MinutesRegular Meeting
of the
City Council
NOvember 3, 1980
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 November 3, 1980, 6:30 P.M.
The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen.
Also present were: City Manager Jeff Sweet, City Attorney, Robert Skare, Engineer,
Lowell Odland and Secretary, Terri Schroetke.
Approval of Minutes - October 20, 1980
MOVED by Mitchell, seconded by Johnson and carried to approve the minutes of October
20, 1980 as amended:
Page 174: Tax -Exempt Financing Policy - Anderson voted no
Page 178: South Tyrol Skating Rink - In the motion change "Wirth" to Tyrol
Page 178: Vallee D'or Purchase Agreement, Second Motion - Add to the end of
the motion, "including delinquent taxes and assessments."
-Approval of Consent Agenda
MOVED by Anderson, seconded by Johnson and carried to approve the items listed on the
consent agenda, indicated by an asterisk(-).
-Bills and Claims
MOVED by Anderson, seconded by Johnson and carried to approve the bills as submitted.
-Licenses
MOVED by Anderson, seconded by Johnson and carried to approve the issuance of licenses
#6541 - #6549.
-Minutes of Boards and Commissions
MOVED by Anderson, seconded by Johnson and carried to approve the minutes of Boards and
Commissions, listed on the agenda as items 1F - 1H:
1F - Planning Commission - September 22, 1980
1G - Building Board of Review - October 21, 1980
1H - Board of Zoning Appeals - October 14, 1980
*Ken Garfield - Resignation from Safety Council
MOVED by Anderson, seconded by Johnson and carried to accept the resignation of Ken
Garfield from the Safety Council, to receive and file the letter relative to closing
out the Safety Council bank account, and to request the Mayor write a letter of
appreciation to Mr. Garfield.
1
Regular Meeting of the City Council - November 3, 1980
-Sweeney Lake Association Re Dredging of Sweeney Lake
MOVED by Anderson, seconded by Johnson and carried to receive and file the letter from
Harvey E. Skaar relative to the resident's request for dredging of Sweeney Lake.
-Ken Bjorn - Opposition to Granting of Variance for 1245 Angelo Drive (Agenda Item 2-C)
MOVED by Anderson, seconded by Johnson and carried to receive and file the letter from
Ken Bjorn, 1201 Angelo Drive, stating his opposition to the granting of a variance for
Merlin Hovden, 1245 Angelo Drive.
*Roof Repair at Brookview
MOVED by Anderson, seconded by Johnson and carried to accept the quote from Bernard L.
Dalsin Company in the amount of $1,900.00 for roof repair at Brookview. (Only one
quote was submitted for consideration).
-Authorization to Purchase Radar Equipment
MOVED by Anderson, seconded by Johnson and carried to authorize the purchase of two radar
units from M.P.H. Industries, Inc. in the amount of $519.50 each.
-Approval of Special Use Permit for PUD #27 (Gittleman Corporation)
MOVED by Anderson, seconded by Johnson and carried to approve the special use permit for
PUD #27, authorizing the Mayor and Manager to sign same.
`Call Public Hearing - Fredsalls Addition - December 1, 1980
MOVED by Anderson, seconded by Johnson and carried to call a public hearing for final
plat approval, Fredsalls Addition for December 1, 1980.
*Call Public Hearing - Rezoning - Q. Petroleum - December 15, 1980
MOVED by Anderson, seconded by Johnson and carried to call a public hearing on the re-
zoning of Q. Petroleum, 8950 Olson Memorial Highway from Residential to Commercial for
December 15, 1980.
-Call Public Hearing - Overhead Street Lights (RSL 116) Regent Avenue - December 1, 1980
Member Anderson introduced and read the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 116
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,
Johnson, Mitchell, 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
her signature attested by the Clerk. See Resolution Book Page
Regular Meeting of the City Council - November 3, 1980
*Call for Feasibility Study - Overhead Street Lights (RSL 117) Hillsboro Avenue
Member Anderson introduced and read the following resolution and moved its adoption:
RESOLUTION
ORDER PREPARATION OF REPORT ON IMPROVEMENT
RSL 117
The motion for the adoption of the foregoing resolution was seconded by Member Johnson
and upon vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, Mitchell, 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
her signature attested by the Clerk. See Resolution Book Page
*Authorization to Rebuild Transmission in City Sweeper
MOVED by Anderson, seconded by Johnson and carried to authorize the expenditure of
$1,257.09 to M & M Hydraulic Equipment Company for the rebuilding of the transmission
in a city sweeper.
-Quotations - Maintenance Shop Windows
MOVED by Anderson, seconded by Johnson and carried to accept the quote from Knutson
Construction Co. in the amount of $1,395.00 for installation of windows in the Central
Maintenance Shop. Quotes received as follows:
Volp Construction $1,936.00
D.J. Kranz Co. $2,250.00
Knutson Construction Co. $1,395.00
-Quotations - Heaters for Utility Building
MOVED by Anderson, seconded by Johnson and carried to accept the quote from Air -Con
Heating Inc. for repair and/or replacement of heating units in the Utility Building.
Quotes received as follows:
Repair Replacement
Thomas Air Conditioning $2,015.00 $2,200.00
Air -Con Heating, Inc. $1,688.00 $2,235.00-
*Less 2% discount
MOVED by Anderson, seconded by Johnson and carried to make a budget adjustment from
unappropriated retained earnings of the Utility Fund to account 21-4383-750-82 - Building
Repair.
*Monthly Budget Report - September 1980
MOVED by Anderson, seconded by Johnson and carried to receive and file the monthly
budget report for September 1980.
Perishable Seafood License - Seafood Minnesota
Steve Frank, Proponent - Present to answer questions
MOVED by Anderson, seconded by Mitchell and carried to approve the issuance of a perishable
food vehicle license to Seafood Minnesota for the period of November 7 - 9, 9 a.m. - 4:30 pm
Regular Meeting of the City Council - November 3, 1980
Solicitors License - Boy Scout Troop #475
MOVED by Johnson, seconded by Mitchell and carried to approve the issuance of solicitors
license #6962 to Boy Scout Troop #475.
Solicitors License - Progressive Sales
MOVED by Anderson, seconded by Mitchell and carried to approve the issuance of solicitors
license #6961 to Progressive Sales.
On -Sale and Sunday Liquor License - El Torito Restaurant
Bill Roe, Regional Administrator - Made presentation on behalf of E1 Toritor and answered
questions.
MOVED by Anderson, seconded by Johnson and carried to approve the issuance of an On -Sale
and Sunday Liquor License to El Torito Restaurants.
Human Rights Commission - Authorization to Attend No -Fault Investigation Training Conf.
MOVED by Anderson, seconded by Johnson and carried to endorse the participation of two
members of the Human Rights Commission in two training sessions relative to the No -Fault
Grievance Process, to be held in Plymouth, November 10 & 13.
Human Riqhts Commission - Hearinq Process
MOVED by Anderson, seconded by Johnson and carried to request the Human Rights Commission
to review their procedures relative to investigating complaints and be prepared to discuss
the subject with the City Council at one of tis regularly scheduled meetings, yet to be
determined.
Application for Tax -Exempt Financing - Reinertson & Associates
MOVED by Johnson, seconded by Stockman and carried to ask the three chairs of the Board
of Zoning Appeals, Building Board of Review and Planning Commission to serve as a
screening committee, to meet with the Council subcommittee on tax-exempt financing and
City staff, to review this application and future applications for tax-exempt financing.
Cable TV Joint Powers Agreement
MOVED by Johnson, seconded by Anderson and carried to approve the Cable TV Joint Powers
Agreement, authorizing the Mayor and Manager to sign same.
Council subcommittees
MOVED by Johnson, seconded by Andersonandcarried to approve the formation of two
Council subcommittees as follows:
1. Citizen Communications - Johnson and Stockman
2. Planning Commission Liaison - Anderson and Mitchell
Breck School Request
MOVED by Johnson, seconded by Anderson and carried to request the Mayor send a letter
to Breck School indicating the Council's general support in Breck School moving to
Golden Valley and also, welcoming them to the community.
Regular Meeting of the City Council - November 3, 1980
Public Hearing - General Plan Approval PUD #29 (United Properties Drive-in Bank)
Councilmember Mitchell abstained from discussion and voting because of a possible
conflict of interest.
Boyd Stofer, Vice President, United Properties - Made presentation for drive-in
banking facilities in the Valley Square Office Building.
Marilyn Hayes, Assistant Vice President, 5th Northwestern Bank - Made presentation on
behalf of 5th Northwestern Bank.
Dick Wosfeld, Bather, Ringrose, Wolsfeld, Jarvis & Gardner - Spoke to the issue of
parking and traffic.
Mr. Kpperstein, Banco Corporation - Spoke to the issue of a possible detached facility.
Bill Forster, Planning Commission - Presented the Commission's recommendation for denial.
Mayor Thorsen opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Dennis Jackson, 6745 Country Club Drive - Opposed
Hal Lutz, 7547 Country Club Drive - Opposed
Douglas Jacobson, New Hope Resident - Spoke to issue of parking
Mayor Thorsen closed the public hearing.
MOVED by Anderson, seconded by Thorsen and carried to refer back to the Planning
Commission, indicated the Council sees the land use as acceptable but would like a
revised plan showing the drive-in facility on the east side of building instead of
the west side.
ANDERSON - YES JOHNSON - NO MITCHELL - ABSTAIN STOCKMAN - NO THORSEN - YES
Lack of majority vote, motion fails.
MOVED by Johnson, seconded by Stockman and carried to grant General Plan Approval to
PUD #29.
ANDERSON - NO JOHNSON - NO MITCHELL - ABSTAIN STOCKMAN - NO THORSEN - NO
Public Item - Appeal of BZA Denial - PUD #29 Parking Waiver
Mahlon Swedberg, BZA - Presented the BZA's recommendation for deinal.
Mayor Thorsen opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Seeing and hearing no one,
the Mayor closed the public hearing.
MOVED by Stockman, seconded by Johnson and carried to uphold the BZA denial for a
parking waiver for PUD #29 proposed drive-in banking facility.
Mayor Thorsen called for a 3 -minute recess.
Regular Meeting of the City Council - November 3, 1980
Public Item - Appeal of BZA Denial - 1245 Angelo Drive (Merlin Hovden)
Merlin Hovden, 1245 Angelo Drive - Proponent
Mahlon Swedberg, BZA - Presented the Board of Zoning Appeal's recommendation for denial.
Mayor Thorsen opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Dick Moon, 1140 Angelo Drive - Questioned if duplex status would show on tax roles
Rick Stevens, 1340 Toledo - Opposed
Gary Levinson, 1230 Angelo Drive - Opposed
Gary Beckworth, 1301 Angelo Drive - Opposed
Jim Lyon, 5045 Alfred - Opposed
Herb Bedwell, 1335 Angelo Drive - Opposed
Douglas Jacobsen, 3812 Boone - Proposed buyer of home - in favor
Herb Franks, 1346 Toledo - Opposed
Ken Bjorn, 1201 Angelo Drive - Opposed
Erwin Schaeffer, 1240 Angelo Drive - Opposed
Steve Fitterman, 960 Adeline Lane - Opposed
Mayor Thorsen closed the public hearing.
MOVED by Mitchell, seconded by Stockman and carried, finding that the property is not
a legal nonconforming use and all applications for waivers be denied.
Public Hearing - First Reading - Rezoning of H & I Enterprises
MOVED by Johnson, seconded by Stockman and carried to bring on the table for first reading
an ordinance amendment entitled:
AN ORDINANCE AMENDING THE ZONING CODE
(Commerical Zoning District - H.I. Enterprises)
Mayor Thorsen opened the meeting for public input and persons present to do so were
afforded theopportunity to express their views thereon. Seeing and hearing no one,
the Mayor closed the public hearing.
MOVED by Johnson, seconded by Anderson and carried to approve on first reading the
ordinance amendment herein quoted by title. Upon roll call vote, the vote was as follows:
ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES
Public Hearing - Street Vacation - Ottawa Avenue (Breck School)
Councilmember Stockman noted he would abstain due to possible conflict of interest.
Regular Meeting of the City Council - November 3, 1980
Public Hearing - Vacation of Ottawa Avenue (continued)
Mayor Thorsen opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Joe Gitis, 5 Ottawa Avenue - Thinks residents on street should be given keys to the
gate at Breck School, guaranteed access, and no loss of city services.
Mayor Thorsen closed the public hearing.
Member Johnson introduced and read the following resolution and moved its adoption,
subject to reserving easements for utilities:
RESOLUTION
(STREET VACATION - PORTION OF OTTAWA AVENUE)
The motion for the adoption of the foregoing resolution was seconded by Member Mitchell
and upon vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, Mitchell, and Thorsen, Councilmember Stockman abstained, and the following
voted against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and her signature attested by the Clerk. See Resolution
Book Page
MOVED by Johnson, seconded by Mitchell and carried that it is the intent of the Council
that approval is based upon receipt of a letter of intent from Breck School outlining
the circumstances residents will be permitted to obtain access to the property.
Proposed LRT Fact Finding Trip
MOVED by Anderson, seconded by Mitchell and carried to authorize the Mayor to participate
in a fact finding trip for the Project Coordinating Group for the Light Rail Transit
Study, with the cost of the trip to be borne by the City of Golden Valley.
Commission Appointments
No action taken. Place on November 17 agenda.
Announcement of Meetings
Wednesday, November 12, 9:30 a.m. - Anderson and Thorsen to meet with Met Council
Representative Pat Hasselmo re 1-394.
Wednesday, November 5, 7:00 P.M. - Anderson and Stockman to interview applicants for
South Wirth Parkway Committee, following that meeting, they will discuss council
salaries.
Adjournment
MOVED by Mitchell, seconded by Anderson and carried to adjourn at 11:30 P.M.
ATT E S •
ROSEMARY THORSEN,IMAYOR SEC ETARY