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09-01-81 City Council MinutesRegular Meeting of the City Council September 1, 1981 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 1, 1981.at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; Assistant City Attorney, Allen Barnard; and Secretary, Judy Nally. Approval of Minutes - August 18, 1981 MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the minutes of August 18, 1981, as amended: Page 159: Public Item - Order for Removal of Hazardous Building - 3202 Kyle Avenue - addition to the first motion of the following - regarding 11.. removal of the hazardous building at..." Approval of Minutes - August 11, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the minutes of August 11, 1981 as submitted. Approval of Consent Agenda MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except items 1F and 5E. Item 1F has previously been approved. *Bills and Claims MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. Joan Bills Claim MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the Joan Bills claim, which has already been referred to the City Attorney and the City's insurance carrier. Member Stockman abstained stating conflict of interest. Letter from City Attorney Regarding Liability of Commission Members Assistant City Attorney, Allen Barnard, wished to clarify the misunderstanding by the Planning Commission regarding the liability and indemnification of advi- sory commission members. He stated that the Council can, depending upon the circumstances, indemnify advisory Commission Members. Mayor Thorsen stated that she will contact the Chairman of the Planning Commission and clear up the misun- derstanding through discussion, or if necessary, have the City Attorney prepare a memo. Licenses MOVED by Anderson, seconded by Johnson, and motion carried unanimously to authorize the issuance of license #7173 as submitted. Regular Meeting of the City Council �i *Minutes of Boards and Commissions September 1, 1981 MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Item 1G: Building Board of Review - August 18, 1981 Item 1H: Bassett Creek Flood Control Commission - July 16, 1981 Item II: Planning Commission - August 24, 1981 *Letter from Gary Edelston Regarding Diamond Sports MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the letter from Gary Edelston, dated August 13, 1981, regarding diamond sports. Babe Ruth Request MOVED by Stockman, seconded by Anderson and motion carried unanimously to accept the recommendation of staff not to install the dugouts, but to authorize an expenditure, not to exceed $1,000, to install concrete slabs from the Park Capital Improvement Fund for benches for the Babe Ruth fields to be located at Sandburg Junior High. Water Connection - Xerxes Avenue - Petition Lowell Odland reviewed the alternatives of the residents on Xerxes Avenue to hook-up to water services. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the recommendation of the staff to utilize Option III and to approve the method of finance and construction for water service for the properties on Xerxes Avenue. Request for Deferal of Hearing on 1710 Douglas Drive MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the request for deferal. Letter from Dan Super Regarding Ballfields MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the letter from Dan Super regarding ballfields. Infiltration/Inflow Analysis Program Lowell Odland reviewed the program and funding. Member Johnson introduced and read the following resolution and moved its. adoption: RESOLUTION APPROVING THE INFILTRATION/INFLOW AGREEMENT WITH THE METROPOLITAN WASTE CONTROL COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a 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 FI and adopted, signed by the Mayor and her signature attested by the Deputy i y MOVED by Johnson, seconded b Stockmap and motion carried unanimousl o authorize the payment of l0%from Utility Reserve to participate in thet Infiltration and Inflow Program. 1 1 Regular Meeting of the City Council September 1, M17 Call for Public Hearing - Winsdale Street Easement Vacation - October 6, 1981 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing regarding easement vacation of Winsdale Street between Gettysburg and Flag for October 6, 1981. *Contract Settlement Between City and Minnesota Crime Prevention Center MOVED by Anderson, seconded by Johnson and motion carried unanimously to enter into a contract settlement between the City of Golden Valley and the Minnesota Crime Prevention Center and authorize the expenditure of $2,000 for use of their services. Set Guidelines for September 15 Little League Field Decision MOVED by Johnson, seconded.by Anderson and motion carried unanimously to limit consideration of hearing on options to provide Little League fields for the continued use of Seeman Park for one year. The City Council directed the City Manager to report back to the City Council what possibilities were discussed with the Seeman Park residents as far as the time limit set for the use of Seeman Park as a Little League field. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to notify the residents of Seeman Park that the consideration of the use of Seeman Park by Little League will be addressed at the October 6, 1981 Council Meeting and.that the Open Space and Recreation Commission, Little League Association and the Alternative Athletic Field Committee also be notified of the meeting date. Request for Deferal of Hearing on 1710 Douglas Drive -,Don Bloomquist Robert Frisbee - Attorney for the proponent, Don Bloomquist - appeared before the Council to state reasons why the Council should defer the rezoning to Light Industrial public hearing on the property located at 1710 Douglas Drive. MOVED by Anderson, seconded by Johnson and motion carried unanimously to deny the request from Don Bloomquist to defer the consideration of rezoning to Light Industrial. Public Hearing - 1710 Douglas Drive - Rezoning to Light Industrial Robert Frisbee - Attorney for the proponent, Don Bloomquist - appeared before the Council to review the background of the building and reasons for the request for rezoning to Light Industrial. Bill Forester - Planning Commissioner - presented the Planning Commission's recommendation that the rezoning be denied, and answered questions from -the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Robert Perkins - 1431 W. Constance Drive - He felt that the building should be brought back in line with the current zoning code. He has experienced problems with water runoff across his property. Regular Meeting of the City Council September 1, 1981 - 3� Public Hearing - 1710 Douglas Drive - Rezoning to Light Industrial - Continued Mrs. Wiebesick - 6145 St. Croix - She had complaints about the general upkeep of the building, not mowing the lawn, odors from the building. Bob Ramsey - 6121 St. Croix - He wanted to express the fact that if he were going to try and sell his house with the change in the zoning, no one would be interested in living so close to land that is zoned Light Industrial. Mr. Putnam - 6155 St. Croix - He wished to complain about the noise, semi -trucks in the back, equipment in the back of the building and traffic going through his yard. C. Horn - 1855 Hampshire Lane - Mr. Horn stated that at one time his downstairs was Mr. Swanson's lab and his den was his office, he wanted to know if that was legal. J. Culver - 1510 W. Constance Drive - He stated that just because the building was zoned that way before doesn't mean it should be zoned that way again. He also stated there should be some kind of buffer zone between residential and industrial use. Robert Frisbee - Attorney for the Proponent, Don Bloomquist - He stated the proximity of other trucks and activity going on in the area; he also stated that when the property was originally rezoned it was done with the Planning Commission and City Council approval. He also stated that any of the residents could and should have had their questions answered when the public hearing was held in 1965. The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to deny the request for rezoning for Light Industrial use for the following reasons: said rezoning does not conform to the Comprehensive Plan, represents spot zoning, heavy use for property abutting residential area, would not conform to a Light Industrial use as presently built, and would not fit the set -back require- ments. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN -YES Public Hearing - First Reading - 4680 Olson Memorial Highway - Rezoning to Radio Zoning Jean Pool - Proponent - was present to answer questions from the Council. Bill Forester - Planning Commissioner - was present and stated that the Planning Commission had voted to approve the rezoning to Radio Zoning. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the rezoning from Industrial to Radio Zone District for the property located at 4680 Olson Memorial Highway. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES 1 1 1 Regular Meeting of the City Council September 1, 1981 Public Item - Preliminary Plat Approval - Meadowbrook School Addition John Young - Director of Business Affairs, School District 270 - appeared before the City Council to review their proposal. Bill Forester - Planning Commissioner- was present and stated that the Planning Commisison approved the subdivision with the following exceptions: compliance with the right-of-way requirements and recommendations of the Hennepin County Transportation Department, donation of land or payment of cash -in -lieu thereof for park dedication, rezoning of the property from the Institutional to the Business and Professional Office 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the preliminary plat subject to the compliance with the right-of-way requirements of Hennepin County. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to refer this property to the Planning Commission for rezoning from Institutional to Business and Professional Office. MOVED by Anderson, seconded by Johnson and motion carried unanimously that it is the Council's intent to request cash -in -lieu of land dedication from the plat of Meadowbrook School Addition. Public Hearing - Second Reading - Sunday Bruch Ordinance MOVED by Mitchell, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Sunday Sale of Liquor) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Public Hearing - Second Reading - Rezoning to Light Industrial - Vanmann Construction MOVED by Anderson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Light Industrial Zoning District - Vanmann Construction Company) Regular Meeting of the City Council September 1, 1981 Public Hearing - Second Reading - Rezoning to Light Industrial - Vanmann Construction - Continued The Mayor opened the meeting- for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - Second Reading - Radio Zoning District MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Radio 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON -'YES MITCHELL - YES STOCKMAN - YES THORSEN -YES Public Hearing - Second Reading - Railroad Zoning District MOVED by Mitchell, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Railroad 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN -YES Public Hearing - Second Reading - Industrial Zoning District MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for second reading the ordiance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Industrial Zoning District) Regular Meeting of the City Council September 1, 1981 Public Hearing - Second Reading - Industrial Zoning District - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously to accept the amendment to the Industrial Zoning District. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title as amended. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Waiver of Public Hearing - 81 SI 8 - 2321 Kyle Avenue North Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81 SI 8 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 81 SI 8 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a 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 Deputy City Clerk. See Resolution Book Page *Quotations - Laurel Pond Landscaping MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the planting of Laurel Avenue Ponds from the lowest responsible quoter, Midwest Landscaping in the amount of $5,180.00. The quotes were as follows: Midwest Landscaping $5,180.00 Mickman Bros. Landscaping 5,565.50 Shoreacre Gardens 5,782.00 Lee's Landscaping & Nursery, Inc. 6,520.00 141 The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, voted against the same: none, whereupon said resolution was and the declared following duly passed and adopted, signed by the Mayor and her signature attested by the Deputy City Clerk. See Resolution Book Page Member Johnson introduced and read the following resolution and its adoption: -moved RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 81 SI 8 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a 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 Deputy City Clerk. See Resolution Book Page *Quotations - Laurel Pond Landscaping MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the planting of Laurel Avenue Ponds from the lowest responsible quoter, Midwest Landscaping in the amount of $5,180.00. The quotes were as follows: Midwest Landscaping $5,180.00 Mickman Bros. Landscaping 5,565.50 Shoreacre Gardens 5,782.00 Lee's Landscaping & Nursery, Inc. 6,520.00 141 Regular Meeting of the City Council September 1, 1981 ,9 Dates for Future Council/Manager Meetings MOVED by Johnson, seconded by Mitchell and motion carried unanimously to set the Council/Manager meetings for the rest of the year at 4:00 PM on the second Tuesday of the month. It was suggested that the City Manager notify the Chair of the Housing and Redevelopment Authority that the Housing and Redevelopment Authority consider changing the meeting time to 7:00 PM on the second Tuesday of the month. Public Notice for Little League Decision on October 6, 1981 It was suggested that a notice be printed in the Post stating the changes in the meeting dates. The Council felt that at this time it would not be appropriate to take public input regarding the Little League ballfield issue as all interested organizations have already received notice that this issue will be discussed at the September 15, 1981 meeting. 1982 Budget MOVED by Johnson, seconded by Anderson and motion carried unanimously to set two budget meetings for September 8, 1981 at 4:00 PM and September 17, 1981 at 4:00 PM. Response to Tax and Service Survey MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the staff response to the tax and service survey. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize a contribution of $500 to the League of Women Voters of Golden Valley, money to be taken from the General Budget Contingency, for work done on the tax and service survey. Report on Liquor License Availability Jeff Sweet outlined the liquor license availability and recommended that the Council set up a Council Subcommittee to develop criteria for the issuance of liquor licenses and that they present a report to the full City Council. MOVED by Anderson, seconded by Stockman and motion carried unanimously to authorize the subcommittee of Councilmembers Johnson and Mitchell to establish the criteria for the granting of liquor licenses and to report back to the full City Council within 90 days. *Easement with Northwestern Bell Telephone MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager to sign the easement with Northwestern Bell Telephone, subject to the conditions outlined in the August 25, 1981 letter from Jim Yount to Jeff Sweet. *Budget Report - July, 1981 MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the budget report dated July, 1981 as submitted. 1 1 Regular Meeting of the City Council *Fire Station Sale Proceeds September 1, 1981 MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the addition to the resolution regarding the sale of Fire Station 2 as "Proceeds shall be deposited in the Fire Station Construction Fund and at December 31, 1981 any balances remaining in said Construction Fund shall be transferred to the Building Fund". Announcements of Meetings The Liquor License Subcommittee will meet on September 28, 1981 at 4:00 PM. The Police Policies Subcommittee will meet on October 19, 1981 at 4:00 PM. Housing Conference, September 16, Sheraton Northwest, Sponsored by AMM and Met Council— The Council suggested that maybe the Planning Commission and the Human Rights Commission would be interested in attending this conference. The fees would be paid by the City. Councilmembers Anderson and Stockman will be attending the conference. The Mayor will contact the Planning and Human Rights Commission. National League of Cities, Detroit, Michigan, November 28 - December 2, 1981 Councilmember Anderson suggested that the City make two reservations for this conference and the Councilmembers who will be attending shall be named at a later, date. It was also suggested to check into the possibility of checking into the Minnesota headquarters hotel. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 9:20 PM. ATTEST: Secretary 6F Rose" Tho or