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02-03-81 City Council MinutesE Regular Meeting of the City Council 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 February 3, 1981 at 6:30 P.M. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet, Assistant City Attorney, Allen Barnard, Engineer, Lowell Odland and Secretary, Janet Kauth. Approval of Minutes — January 13, 1981 MOVED by Anderson, seconded by Johnson and carried to approve the minutes of the special meeting of January 13, 1981 as submitted. Approval of Minutes - January 20, 1981 MOVED by Mitchell, seconded by Johnson and carried to approve the minutes of the regular meeting of January 20, 1981 as amended: Page 21, Housing Policy, Change the first sentence to read, "Page 3, Paragraph 4 of the Housing Policy changed to read as follows . . ." Page 21, Housing Policy-, Change the second sentence to read, "The P.U.D.'s" (omitting apostrophe). Page 21, Housing Policy, Change fourth line to read "plan.as part of the P.U.D." instead of 'plan as part of any P.U.D.' Page 23, Minutes - Human Rights Commission, Add to the end of sentence "No Fault Grievance Procedure" deleting the word 'same.' *Approval of Consent Agenda MOVED by Johnson, seconded by Mitchell and carried to approve the items on the consent agenda, indicated by an asterisk(*), except for items 3-B, 6-D, and 3-A. *Bills and Claims MOVED by Johnson, seconded by Mitchell and carried to approve payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Mitchell and carried to approve the issuance of licenses #6657 - #6666, except for #6659, Fisher Bros. Fisheries (will be acted upon in separate motion lated on the agenda.) *Minutes of Boards and Commissions MOVED by Johnson, seconded by Mitchell and carried to receive and file the minutes of the Boards and Commissions listed on the agenda as items 1F - 1H: 1F - Open Space & Recreation Commission - January 26, 1981 1G - Human Rights Commission - January 8, 1981 1H - Planning Commission - January 12, 1981 Regular Meeting of the City Council - February 3, 1981 15 *Tax Forfeited Property Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION TAX FORFEITED PROPERTY SALE 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; Johnson, Stockman, Anderson, Mitchell 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 *Quotations -.1981-Tree.Trimming MOVED by Johnson, seconded by Mitchell and carried to accept the quotation from Tim's Tree Service in the amount of $2,900.00 for boulevard tree trimming for 1981. The following quotations were received: Tim's Tree Service $2,900.00 Tri-State Tree Service $3,850.00 Aaron's Tree Service $3,100.00 *Appointment of Assistant Weed Inspector MOVED by Johnson, seconded by Mitchell.and carried to approve the appointment of Tom Felt] as Assistant Weed Inspector for 1981. *Local Board of Review Date Notification. MOVED by Johnson,,seconded by Mitchell and carried to set Wednesday, June 10, 1981, 7:00 P.M. as the Local Board of Review Date. Licenses MOVED by Anderson, seconded by Mitchell and carried to approve the issuance of a perishable food vehicle license to Fisher Bros. Fisheries on February 13 and 14,. 9:00 A.M. to 6:00.P..M.. and February 15, 9:00 A.M. to 4:00 P.M., subject to the following: 1. Payment of required license fee 2. Written permission from the property owner where the sale is to be held 3. Location of the sales vehicle be confirmed in license application 4. Hours of sale to be determined MOVED by Stockman, seconded by Johnson and carried to approve the issuance of a solicitors license to the Greater Minneapolis Girl Scout Council. Notification of Change of Ownership - Holiday Motor Motel MOVED by Johnson, seconded by Mitchell and carried to.receive and file the notification of change in ownership of the Holiday Motor Motel from Northern Federal Savings & Loan Associatlon (Riche]], Inc.) to Richard and Martha Williams. 16 Regular Meeting of the City Council - February 3, 1981 Open Space & Recreation Commission - Youth Athletic Fields Rhoda Jaffe, Chair - Presented the Commission's recommendation that Seeman Park be upgraded for the coming year for Little League, and Lions Club Park to be used in 1982 for Little League. John Brenna, Director of the Park & Recreation Department - recommended use of Kions Club Park in 1982 for the Babe Ruth and Little League baseball games. MOVED by Anderson, seconded by Mitchell and carried to approve the use of Seeman Park by Little League and Babe Ruth for 1981 and authorize the staff to make expenditures for its development and direct the staff to hold an informational meeting for the neighborhood on the use of the park by Little League. MOVED by Johnson, seconded by Mitchell and carried to approve in concept, the use of Lions Club Park as a youth athletic complex providing a total of four diamonds for the Little League and Babe Ruth Associations and authorizing the staff to develop an agree- ment between the Little League and Babe Ruth Associations and the City for use of Seeman Park and Lions Club Park, spelling out the relationship between the two asso- ciations and the City, and return the agreement to the Council for approval within 60 days. Open Space &.Recreation Commission Rhoda Jaffe, Chair - Presented the Commission's recommendation to shield the Colonial Acres neighborhood from the industrial area to the south by putting in a drainage pipe and covering it over with a buffer of natural plantings. MOVED by Stockman, seconded by Johnson and carried to accept the recommendation of the Open Space & Recreation Commisssion and submit to staff for consideration and recommendations. Open Space & Recreation Commission - 1981 Fees and Charges Rhoda Jaffe - Chair - Presented the Commission's recommendations for the 1981 fees and charges. MOVED by Anderson, seconded by Mitchell and carried to accept the recommendations of the Open Space & Recreation Commission for the 1981 fees and charges. Open Space & Recreation Commission - 1981 Dutch Elm Program & 1981 Recap Rhoda Jaffe, Chair -_Presented the Commi-ssion's recommendation on the 1981 Dutch Elm program and the 1980 recap. MOVED by Johnson, seconded by Mitchell and carried to accept the recommendation of the Open Space & Recreation Commission for the 1981 Dutch Elm program. Human Rights Commission - No fault Grievance Procedure Members Richard Huntley and Carole Epstein - Present to explain the no fault grievance procedure. MOVED by Johnson, seconded by Mitchell and carried to receive and refer the no fault grievance procedure to legal staff for comment and return to the Council by the second Council meeting in March. 1 1 Regular Meeting of the City Council - FebruarY 3, 1981 1 r Public Item - Request of Courage Center to Locate in 1-1 Zoning District William Schoenbohm, Executive Director of Courage Center - Present to request approval for Courage Center to locate in 1-1 zoning district. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. George Swenson, 2100 Mary Hills Drive - opposed to the Courage Center locating in 1-1. zoning district because of traffic and parking problems. Larry Smith, 2085 Mary Hills Drive - opposed to location; concerned with zoning precedent. Eleanor Swanson, 2125 Indiana Avenue - opposed to location John Misner, 2365 Lee Avenue - opposed to location Rita Seeman, 2040 Mary Hills.Drive - opposed to location Mrs. Leuchovius, 2520 Lamplighter Lane - in favor Mary King, 4025 Wasatch Lane - opposed to location David Seeman, 2040 Mary Hills Drive — opposed to location Dorothy Myers, 4040 Wasatch Lane - opposed to location I Myra Helsel, 4 110 Golden Valley Road - in favor Mr. Schuldt, 2130 Mary Hills Drive - opposed to location Fred Thorson., President of the Board of Courage Center —Stated the request was con- sistent with zoning laws and they would need no additional parking. Mel Cohen, 4005 Wasatch Lane - opposed to location M. J. Keough, 3830 Bassett Creek Drive - opposed to location Connie Kane, 3850 Bassett Creek Drive - opposed to location Wally Erickson, 2155 Zane Avenue North - Member of the Board of Courage Center - Spoke In favor of location Mr. Wilcox, 4035 Wasatch Lane - opposed to location Mrs. Egan, 4000 Bassett Creek Drive - opposed to location Mrs. Murray,.3831 Bassett Creek Drive - opposed to location Mayor Thorsen closed.the public hearing. MOVED by Stockman, seconded.by Johnson and carried to deny the request of Courage Center as proposed uses are not compatible with 1-1 zoning code because they will generate traffic in excess of that contemplated by the language of the 1-1 zoning categories. 19 Regular Meeting of the City Council - February 3, 1981 Glenwood Hills Neighborhood Association - Request Public Hearing on Zoning of.Courage Center MOVED by Johnson,.seconded by Mitchell and carried to receive and file the petition from the Glenwood Hills Neighborhood Association requesting a.pubiic hearing on the zoning of the Courage Center and consider at February 3, 1981 meeting. Public Hearing - First Reading - Rezoning - Vantage Company (Industrial) Tom Loftus, Vice President and General Manager of Vantage Company - Present to request the rezoning of approximately 2.4 acres of land currently zoned "Light Industrial" to an "Industrial" zoning district at 700 Xenia Avenue South. Bill Forster, Planning Commission - Presented Planning Commission's recommendation for approval. The Mayor opened the meeting for public l.nput 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 Anderson, seconded by Mitchell and carried to defer action until staff has reviewed to see if use could fit into light industrial category and consider at the next scheduled meeting of the City Council on February 17, 1981. Member Johnson voted no. Public Hearing - First Reading - Rezoning - General Mills (Industrial) Stan Tabor, General Mills - Requested the rezoning of approximately 30..3 acres of land zoned "Open Development" to an "Industrial" zoning district. Bill Forster, Planning Commission - Stated that the Planning Commission recommends approval of the rezoning. The Mayor 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 Johnson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Industrial Zoning District - General Mills, Inc.) MOVED by Anderson, seconded by Johnson and carried to approve on first reading the ordinance herein quoted by title: Upon roll call vote, the vote was as follows: ANDERSON - YES STOCKMAN - YES THORSEN - YES MITCHELL - YES JOHNSON - YES Public Hearing - 81 SI 2 (Concrete Curb & Gutter) - Jersey Avenue Lowell Odland, City Engineer, Presented staff's recommendation for approval of the installation of 81 S1 2. The Mayor 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. Regular Meeting of the City Council - February 3, 1981 Public Hearing -- 81 SI 2 (continued) Member Johnson.introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81 S1 2 The motion for the adoption of the foregoing resolution.was seconded by Member Stockman and upon vote being taken thereon, the following members 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 ?. Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 81 SI 2 The motion for the adoption of the foregoing resolutionwasseconded by Member Stockman and upon vote being taken thereon, the following members 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 9� Public Item (continued) Waiver of Platting Ordinance : 1600 York Mrs. Hickey, proponent - Present MOVED by Anderson, seconded by Johnson and carried to approve the waiver of platting ordinance for 1628, 1632 and 1636 York Avenue, subject to the two newly created lots being combined with 1631 Xerxes and 1633 Xerxes Avenue North. Parcel A: Lot 16 and that part of Lot 17, lying North of a line which is parallel to and 20 feet South of the North line of said Lot 17, all In Block 5, McNair Manor. (To David W. and Marilyn L. Johnson) Parcel B: Lot 18 and that part of Lot 17, lying South of a line which is paral-le1 to and 20 feet South of the North line of!said Lot 17, all in Block 5, McNair Manor. (To Lee J. acid Clarrene E. 'Hickey) Public item - Waiver -of Platting Ordinance - 23rd & Winnetka Bill Forster, Planning Commission - Presented Planning Commission's recommendation for approval. Mr. Luke Lam - Proponent MOVED by Stockman, seconded by Johnson and carried to approve waiver of the platting ordinance for division of lot at 23rd & Winnetka: WESTERLY PARCEL: The East 42.48 feet of Lot 3, as measured along the North and South lines thereof, Block 2, Richland Hills Second Addition, according to the recorded plat thereof. (Area is 6433 square foet) �a Regular Meeting of the City Council - February 3, 1981. Waiver of Platting Ordinance - 23rd & Winnetka (continued) EASTERLY PARCEL: Lot 4, Richliand Hills Second Addition, according to the recorded plat thereof. (Area is 19,147 square feet) Communication to Community Re Comprehensive Plan MOVED by Anderson, seconded by Johnson and carried to authorize the Mayor to refine the communication to the community regarding the comprehensive plan and authorize staff to mail it, and to transfer 51,50.0 from Contingency to Division #166 - Planning Department to cover distribution costs. Closing of Lindsey Street Access to H.Ighway #100 Bill Forster, Planning Commission - Presented the Planning Commission's recommendation to close Lindsey Street Access to Highway #100. MOVED by Stockman, seconded by Johnson and carried to receive and file the recommendation from the Planning Commission and communicate to the Planning Commission through the subcommittee, the reasons for the Council's delay in implementing the recommendations. Recommendations on 1981-1985 Capital Improvements Program Bill Forster, Planning Commission - Presented the Planning Commissrion's recommendations on 1981-1985 Capital Improvements Program. MOVED by Johnson, seconded by Mitchell and carried to receive and file the recom- mendations of the Planning Commission on the 1981-1985 Capital Improvements Program and consider them when the Council has the recommendations from the Open Space and Recreation Commission and staff. Public Item - Waiver of Platting Ordinance - Outlot A, Vallee D'or 1st Addition Jeff Sweet, -City Manager - Stated this waiver is necessary to implement the purchase agreement previously approved by the Council. MOVED by Anderson, seconded by Johnson and carried to approve the waiver of the platting ordinance for Vallee D'or, Outlot A, 1st Addition: PARCEL 1: That part of Outlot A, VALLEE D'OR, 1st ADDITION, described as follows: Commencing at the northeasterly corner of said Outlot A; thence North 89 degrees _10 minutes 00 seconds, West, along the north line of said Outlot A, 144.47 feet to the point of beginning; thence South 58 degrees, 30 minutes, 49 seconds West, 296.15 feet; thence South 26 degrees, 33 minutes, 34 seconds West, 18..70 feet; thence South 66 degrees, 45 minutes 10 seconds West, 74.49 feet; thence South 53 degrees, 19 minutes, 38 seconds West, 52..80 feet; thence North 85 degrees, 59 minutes, 03 seconds West 77.53 feet to a point of curve; thence northwesterly along a tangential curve con- cave to the right, a delta of 39 degrees, 10 minutes, 00 seconds, radius of 153.73 feet, a length of 105.09 feet; thence North 46 degrees, 49 minutes, 03 seconds West, 114 feet more or less to the northerly line of said Outlot A; thence northeasterly and easterly along the northerly line of said Outlot A, to the point of beginning. A Regular Meeting of the City Council - February 3, 1981 Waiver of Platting Ordinance - Outlot A, Vallee D'or Ist Addition (continued) PARCEL 2: Outlot A, Vallee D'Or, Ist Addition, excepts the following: Commencing at the northeasterly corner of'said.0utlotjA; thence north 89 degrees, IO minutes, OO seconds, West along the north line of said Outlot A, 144147 feet to the point of beginning; thence south 58 degrees, 30 minutes, 49 seconds West, 296.15 feet; thenceSouthl 26 degrees, 33 minutes, 34 seconds west, 18.70 feet; thence South Wdegrees, 45 minutes, 10 seconds West, 74.49 feet;. thence South 53 degrees,',19 minutes, 38 seconds West, 52.80 feet; thence North 85 degrees, 59 minutes, 03 seconds West 77.53 feet to a point of curve; thence northwesterly along a tangential curve concave to the right, a delta of 39 degrees, 10 minutes, 00 seconds, radius of 153.73 feet, a.length of 105.09 feet; thence North 46 degrees, 49 minutes, 03 seconds West, ',114 feet more or less, to the northerly line of said Outlot A; thence northeasterly and easterly along the northerly line of said Outlot A, to the point of beginning. Public Hearing - Ist & 2nd Reading - Fl.00d Plain Management and Zoning District MOVED by Anderson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled, AN.ORDINANCE AMENDING THE ZONING CODE FLOOD PLAIN MANAGEMENT AND ZONING DISTRICT 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 publ.ic hearing. MOVED by Johnson, seconded by Mitchell and carried to approve on first reading the ordinance herein quoted by title. Upon roll call vote, the vote was as follows: ANDERSON - YES STOCKMAN - YES THORSEN - YES MITCHELL - YES JOHNSON - YES MOVED by Johnson, seconded by Mitche-1 and carried to bring on the table for second reading an ordinance amendment entitled: .AN ORDINANCE AMENDING THE ZONING CODE FLOOD PLAIN MANAGEMENT AND ZONING DISTRICT The Council noted that the ordinance was being given second reading at this time so that residents in the City could continue to qualify for federal flood insurance. 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 Johnson, seconded by Mitchell and carried to approve on second reading, the ordinance herein quoted by title. Upon roll call vote, the vote was as follows: ANDERSON - YES STOCKMAN - YES THORSEN - YES MITCHELL - YES JOHNSON - YES MOVED by Anderson, seconded by -Thorsen -and carried to request the staff to report back at the second Council meeting in March, the possible need for an amendment regarding the Planning Commission's process. Regular Meeting of the City Council - February 3, 1981 Public Hearing - 1st Realing - License & Business Regulations - Fees and Charges MOVED by Stockman, secon ed by Mitchell and carried to delete the on -sale liquor license charge from the Droposed ordinance to be considered separately in March. Councilmember Anderson r quested correction on Page 3 of the ordinance, changing Hotel -Motel charge from $50.00 .to $5.00 per room. 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 pub is hearing. MOVED by Johnson, secondd by Anderson and carried to bring on the table for first reading an ordinance ame dment entitled: JAN ORDINANCE AMENDING THE CITY CODE Licenses and Business Regulations - Fees and Charges MOVED by Anderson, secon ed by Mitchell and carried to approve on first reading the ordinance herein quoted y title. Upon roll call vote, the vote was as follows: ANDERSON - YES STOCKM N - YES THORSEN - YES MITCHELL - YES JOHNSON- YES Public Hearing - 1st Reading - Heating, Ventilation,_Ai_r Conditioning & Refrigeration Code MOVED by Anderson, seconded by Johnson and carried to bring on the table for first reading an ordinance amendment entitled: N ORDINANCE AMENDING THE CITY CODE Heating, Ventilation, Air Conditioning and Refrigeration Code Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunityto express their views thereon. Seeing and hearing no one, the Mayor closed the pub is hearing. MOVED by Mitchell, secon ed by Johnson and carried to approve on first reading the ordinance herein quoted Dy title. Upon roll call vote, the vote was as follows: ANDERSON - YES STOCKM N - YES THORSEN - YES MITCHELL - YES JOHNSON - YES Public Hearing - 1st MOVED by Johnson, se reading an ordinance Mayor Thorsen opened the afforded the opportunity the Mayor closed the pub' MOVED by Mitchell, seco ordinance herein quoted ANDERSON - YES STOC Ing - Miscellaneous Fees and Charges by Mitchell and carried to bring on the table for first ent entitled: AN ORDINANCE AMENDING THE CITY CODE Miscellaneous Fees and Charges meeting for public input and persons present to do so were to express their views thereon. Seeing and hearing no one, is hearing. led by Stockman and carried to approve on first reading the ,y title. Upon roll call vote, the vote was as follows: �N - YES THORSEN - YES MITCHELL - YES JOHNSON - YES Regular Meeting of the City Council - February.3, 1981 Pondwood Associates - Request for Industrial Revenue Bond MOVED. by Johnson, seconded by Mitchell and carried to refer) the request of Pondwood Associates for tax-exempt financing to the Tax -Exempt Financing Committee for review. Resignation of Jody.Sehlin from Planning Commission MOVED by Anderson, seconded by Mitchell and carried to receive and file the resignation of Jody Sehlin from the Planning Commission, and requesting: the Mayor send her a letter of appreciation for her services to Golden Valley. Fee Schedule Revisions MOVED by Anderson, seconded by Johnson. and carried to approve the non -ordinance fees and charges as recommended by the Director of Administrative Services. Community Center Solicitati.on Committee Mayor Thorsen Informed the Council she had spoken with Bob ',Provost, who stated he would be happy to co-chair the committee with Len Frame. Mayor Thorsen will meet with Mr. Frame when he returns from out of town and sit down with the two of them and go over thelist of names that were shared at the last meeting and Will have some information on the 10th of February. Announcements of Meetings The Council will consider 1-394 position statement at a special meeting on February 10, 4:30 P.M. in the Gold Room at City Hall. Mayor Thorsen and Councilmember Anderson will meet as a subcommittee on 1=394 prior to the special Council meeting of February 10 to outline discussions for the Council. Time of this meeting will be 9:00 A.M., Friday, February 60 1981 in the Mayor/Council Office. Member Mitchell announced a meeting of the Council subcommittee on Police Policy will meet on March 6, 1981 at 12:00 with the Police Department and City Manager. Adjournment MOVED by Mitchell, seconded.by Thorsen and carried to adjourn at 11:30 P.M. ATTEST: