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12-01-81 City Council MinutesRegular Meeting of the City Council December 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 December 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 0 Bland; City Attorney, Robert Skare; and Secretary, Judy Nally. Approval of Minutes - November 17, 1981 MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the minutes of November 17, 1981, as submitted. Approval of Agenda MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve the agenda of December 1, 1981, as amended: Addition of Item 3D: Request from. LeRoy Marshall Regarding Project Mobility Addition of Item 5E: Council Planning Session Agenda Addition of Item 6F: Planning Commission Subcommittee Report Addition of Item 6G: AMM Requests Approval of Consent Agenda MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #7194 to #7226 as submitted, *Solicitor's License - David Dickmann MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the solicitor's license for David Dickmann. Liquor License - MGM Liquor Due to the timing of the public items and public hearings, the following item was discussed in two parts. Robert Skare reviewed the application for off -sale liquor license and the franchise agreement. He stated his concerns relative to the "pecuniary interest" between the franchisor and the franchisee, and that in his opinion he could see no problem with the license being approved subject to the following conditions: Regular Meeting of the City Council December 1, 1981 s Liquor License - MGM Liquor - Continued 1. Express written approval of the State Liquor Control Commission. 2. A favorable written opinion of the State Attorney General's Office. 3. That upon receipt of an unfavorable ruling from either the State Liquor Control Commission or the Attorney General that the applicant/licensee will immediately and voluntarily suspend and terminate its off -sale intoxicating liquor marketing and sales, without the necessity of formal revocation of license proceedings by the City Council. Pat Maglich - Proponent and Charles Modell - Attorney for MGM Liquor - appeared before the Council to answer questions from the Council and the City Attorney. He stated that he would agree that if the State Liquor Control or the Attorney General ruled unfavorably, he would stop marketing, selling liquor and would surrender the liquor license. Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION REGARDING APPLICATION OF MGM LIQUOR WAREHOUSE, INC. FOR OFF -SALE INTOXICATING LIQUOR LICENSE 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, Mitchell and Stockman, and the following voted against the same: Johnson and Thorsen, 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 . *Minutes of Boards and Commissions MOVED by Mitchell, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Item 1G1: Bassett Creek Flood Control Commission - October 15, 1981 Item 1G2: Brookview Select Committee - November 10, 1981 Item 1G3: Board of Zoning Appeals - November 10, 1981 Public Hearing - RSL 124 - Zealand Avenue Lowell Odland presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mrs. Donald Smith - 8485 Winnetka Heights Drive - Proponent - was present to answer questions. Roy Franzen - 2145 Zealand Avenue - He had questions regarding the type of street lights, overhead or ornamental, and what the costs were for both types. He is in favor of the project. Gerald Hansen - 2165 Zealand Avenue - He had questions regarding the upkeep costs of the lights and questioned the reasons for the difference in cost between overhead and ornamental lights. The Mayor closed the public hearing. L7 C Regular Meeting of the City Council December 1, 1981 Public Hearing - RSL 124 - Zealand Avenue - Continued Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 124 The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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 Public Hearing - 82 SI6 --Tennant Road Lowell Odland presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. C. J. Schwebach - 5804 Olson Memorial Highway — Proponent - was present to answer questions. Mike Thorsen - Director of Systems - Tennant Company - He stated that Tennant Company would deed the right-of-way needed to the City. Tennant Company is in f avor of the project. Florence Larson - 5808 Olson Memorial Highway - She had questions regarding the length of time available before the assessment had to be payed. She is in favor of the project. Anna Pepin - 506 Olson Memorial Highway - She had questions regarding the rate of interest. She is in favor of the project. The Mayor closed the public hearing. The Council will review changing the length of the assessment for this project at the assessment hearing in the fall of 1982. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 82 SI 6 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, 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 0 1 1 (7) 6 Regular Meeting of the City Council December 1, 1981 Public Hearing - 82 SI 6 - Tennant Road - Continued Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 82 SI 6 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, 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 Public Hearing - Preliminary Plat Approval - Westview Development Robert Halseth - Proponent and Lee Mosher - Attorney representing Robert Halseth - appeared before the City Council to review the plat and to answer questions from the Council. Mr. Mosher stated that the proponent will change the name of the development to Halseth Addition, will comply with the requests from the Hennepin County Department of Transportation, but requested that the cash -in -lieu of land not be imposed. 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 preliminary plat subject to the following conditions: 1. The name of the plat be changed so as not to be confused with the PUD plat of Westview Business Center. 2. That the owner/developer comply with the requests lised in the letter from the Hennepin County Department of Transportation, dated September 24, 1981. 3. That the owner/developer be required to donate a cash sum of $14,800 in lieu of land as required by Section 440:80 of the City Subdivision Regulations. Public Hearing - 5000 Olson Memorial Highway - PUD #32 - General Plan Approval John Pluhar - ADDA Corporation - Proponent - appeared before the Council to review the plan, exchange agreement and to answer 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION ACCEPTING AND APPROVING OF PLAN FOR PUD #32 OAK BROOK OFFICE PARK Regular Meeting of the City Council December 1, 1981 97 Public Hearing - 5000 Olson Memorial Highway - PUD #32 - General Plan Approval - z ontinue The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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 MOVED by Anderson, seconded by Stockman and motion carried unanimously to authorize the Mayor and Manager to sign the exchange agreement with Oak Brook Office Park. Waiver of Public Hearing - RSL 127 - Flag Avenue at Olympia Street Member Stockman 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 RSL 127 The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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 *Response to Noise Wall Request MOVED by Mitchell, seconded by Johnson and motion carried unanimously to receive and file the letter from Allan Pint, P.E., for the Minnesota Department of Transportation, dated October 30, 1981, regarding the retaining wall along the north side of I-394. *Letter from MTC Regarding Removal of Heaters in Passenger Waiting Shelters MOVED by Mitchell, seconded by Johnson and motion carried unanimously to receive and file the letter from David Jessup, Manager -Civil Engineering, for the Metropolitan Transit Commission, dated November 20, 1981, regarding the removal. of heaters in passenger waiting shelters. BOR -SON Request for City Assistance for Medley Hills Project Jeff Sweet distributed the proposal from BOR -SON and reviewed ideas on how the Council should proceed. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the information from BOR -SON and authorize a subcommittee of Council - member Anderson and Mayor Thorsen to prepare a proposal of how the Council will deal with the issue. Don Jacobson - Director of Development - BOR -SON Construction Companies - reviewed the plan and answered questions from the Council. Regular Meeting of the City Council December 1, 1981 Request from LeRoy Marshall Regarding Project Mobility MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the Mayor to send a letter to the Legislator's regarding funding for Project Mobility. *Call for Feasibility Study - RSL 125 - Independence Avenue Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 125 The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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 . *Call for Feasibility Study - RSL 126 - Westchester Circle Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 126 The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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 Call for Public Hearing - False Alarm Ordinance - 1/19/82 Jim Crawford - Director of Public Safety - was present to answer questions from the Council. MOVED by Johnson, seconded by Stockman and motion carried unanimously to set a public hearing for January 19, 1982 to consider the False Alarm Ordinance. *October Budget Report MOVED by Mitchell, seconded by Johnson and motion carried unanimously to receive and file the budget report for October, 1981 as submitted. 1 C] 1 Regular Meeting of the City Council December 1, 1981 Public Safety Building Remodeling Jim Crawford - Director of Public Safety - reviewed the plan for the remodeling of the Public Safety building and answered questions from the Council. Jim Horne - Architect - reviewed the alternatives in the bids and answered questions from the Council. MOVED by Stockman, seconded by Johnson and motion carried unanimously to advertise for bids on the Public Safety building remodeling, including the three alternatives and the energy modifications. Closing of Highway 12 Access at Tyrol Trail Lowell Odland answered questions from the Council and the public. The Mayor opened the meeitng for public input and persons present to do so were afforded the opportunity to express their views thereon. Bert Gardner - 1031 North Tyrol Trail - was present to add names to the petition to close the highway 12 access, and questioned who would be notified of the meeting. The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing for January 5, 1982 on the proposed closing of the access on Highway 12 and to request that the staff notify the residents south of Glenwood Avenue, north of Highway 12, east of Highway 100, and west of Theodore Wirth Parkway. *Authorization for Expenditure for Replacing of Staff Cars MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the expenditure of funds for the purchase of two autos in accordance with the Capital Long Range Improvement Program, total cost not to exceed the estimate in the Equipment Replacement budget. Contract for Landscape Architect Services MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the hiring of Bob Close for preparation of a landscape plan for the Laurel Avenue green belt for an amount not to exceed $3,500 and for consulting services to the Building Board of Review for an amount not to exceed 100 hours at $30 per hour without further Council approval. MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the expenditure from the Public Land Fund for the landscape architect services in designing the Laurel Avenue green belt. *Quotes - Sweeper Brooms MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the purchase of sweeper brooms to the lowest responsible quoter, Patco Company in the amount of $3,716.50. The quotes were as follows: Patco Company $3,716.50 Mac QueenEquipment Company 3,775.00 Bryan Equipment, Inc. 3,800.00 119 Regular Meeting of the City Council *Quotes - Fire Coats December 1, 1981 MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the purchase of 15 Nomex Fire Coats from the lowest responsible quoter, Conway Fire and Safety in the amount of $2,310.00. The quotes were as follows: Conway Fire and Safety, Inc. $154.00/each Minnesota Fire, Inc. 161.58/each Weber Troseth Co. 156.00/each *Quotes - Dragline Rental MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the rental of dragline from the lowest responsible quoter, Leo Koppy at $60.00 per hour. The quotes were as follows: Leo Koppy G. L. Contracting Terry Bros., Inc Brookview Budget $ 60.00/per hour 68.00/per hour 95.00/per hour Jeff Sweet informed the Council that the Brookview Budget will be available for distribution for the Council meeting on December 15, 1981. *Authorization for Mayor and Manager to Sign Hennepin County Community Health Services Aqreement MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager to sign the Community Health Services Agreement with Hennepin County. Council Planning Session Agenda Jeff Sweet distributed the agenda for the Council Planning Session to be held at Brookview Golf Course on December 5, 1981 from_ 8:00 AM to 2:00 PM. Announcements of Meetings Councilmember Anderson and Mayor Thorsen will meet on December 2, 1981 in the Mayor's office at 10:00 AM with John Schevenius regarding I-394. Councilmember Anderson and Mayor Thorsen will meet on December 2, 1981 in the Mayor's office after the meeting noted above regarding the Medley Hills Project. The Council is invited to an Open House at Calvary on December 13, 1981 at noon. *Guidelines for Park Changes Councilmembers Anderson and Johnson will set a meeting to discuss the proposed guidelines for park changes at another date. *Commission Appointments Timeframe Councilmembers Johnson and Stockman will set a meeting to discuss setting a time -frame and procedures for the advertising and interviewing for possible Commission members at another date. i 1 1 CJ 1 Regular Meeting of the City Council State Budget Crisis December 1, 1981 The Council will discuss the impacts and actions for the 1981 and 1982 of the State budget crises at the Council Planning Session on December 5, 1981. I-394 Subcommittee MOVED by Anderson, seconded by Thorsen and motion carried unanimously to receive and file the Mayor's memo dated November 25, 1981 regarding the I-394 subcommittee. Planning Commission Subcommittee Report MOVED by Mitchell, seconded by Anderson and motion carried unanimously to receive and file the notes on meeting of the Joint Council/Planning Commission Meeting, dated November 20, 1981, and to include this with information from the City Manager for the December 15, 1981 City Council Meeting. AMM Requests Councilmember Anderson reported that the Hennepin County Board of Commissioners authorized the establishment of a Burglary Prevention and Prosecution Task Force and asked if any member of the Council would be interested in serving on the Task Force. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to ask the staff to prepare a response for the December 17, 1981 hearing on the Surface Water Management Plan proposed by the Metropolitan Council. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 11:35 PM. ATTEST: