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05-03-83 CC MinutesRegular Meeting of the City Council May 3, 1983 • 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 May 3, 1983 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; City Attorney, Robert Skare; and Deputy City Cleric, Judy Nally. Approval of City Council Minutes - April 19, 1983 MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the minutes of the City Council meeting of April 19, 1983 as submitted. Approval of Council/Manager Minutes - March 9, and April 12, 1983 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the minutes of the Council/Manager meeting of March 9, 1983 as submitted. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the minutes of the Council/Manager meeting of April 12, 1983 as submitted. Approval of Agenda MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the agenda of May 3, 1983 as amended: Addition of Item 6D: League of Minnesota Cities Conference Attendance Addition of Item 6E: Council Representative to the Tax Exempt Finance Commi ttee Approval of Consent Agenda MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the issuance of licenses #8373 to #8388 and #5472 to #5473, voiding #8373. *Solicitor's License - Clean Water Action Project MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the solicitor's license for the Clean Water Action Project. *Solicitor's License - People for Survival/MN Freeze Campaign MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the solicitor's license for People for Survival/MN Freeze Campaign. Regular Meeting of the City Council May 3, 1983 *Summary of Current Solicitor's Licenses • MOVED by Johnson, seconded by Anderson and motion carried unanimously to receive and file the summary of solicitor's licenses which expire June 30, 1983. *Mi nutes of Boards and Commissions MOVED by Johnson, seconded by Anderson and motion carried unanimously to receive and file the minutes received as follows: Brookvi ew Improvement Committee - March 22, 1983 Board of Zoning Appeals - April 12, 1983 Bassett Creek Flood Control Commission - March 16, 1983 Building Board of Review - April 18, 1983 Planning Commission - April 25, 1983 Open Space and Recreation Commission - April 25, 1983 *Call for Public Hearing - Rezoning to R-2 - 9025 23rd Avenue North - 6/7/83 MOVED by Johnson, seconded by Anderson and motion carried unanimously to call a public hearing to consider rezoning 9025 23rd Avenue North from the Residential (Single Family) to the Two Family (R-2) Residential Zoning District for June 7, 1983. Recommendation for Implementation of the Housing Policy MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive the Recommendation for Implementation of the Housing Policy frau the Planning • Commission and place it on the agenda for the Council/Manager meeting for May 10, 1983 and request that a Planning Commission member be present for discussion. Mary Hills Paris Chuck Burmeister, Chair, Open Space and Recreation Commission; Bob Close, Landscape Architect; and Chuck Corlett, Policy and Progranmi ng Supervisor were present to review and answer questions regarding the proposed planting and site plan for Mary Hills Park. Chuck Burmeister stated that the concerns of the neighborhood have been addressed. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the proposed planting and site plan for Mary Hills Paris as recanmended by the Open Space and Recreation Commission. Bob Close was asked to provide the Council with information regarding the differences between prairie grass and meadow grass, the costs of maintenance and i nstal lation. Open Space Management Plan Chuck Burmeister, Chair, Open Space and Recreation Commission, and Chuck Corlett, Policy and Programming Supervisor were present to answer questions regarding the Open Space Management Plan. MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the amendments to the Open Space Management Plan as recanmended by the Open Space and Recreation Commission. Regular Meeting of the City Council Human Service Needs and Dover Hill Management May 3, 1983 • Council Member Mitchell reviewed the Council Subcommittee report. Robert Skare answered questions regarding the Dover Hill Management Plan. MOVED by Johnson, seconded by Anderson and motion carried unanimously to receive and file the Subcommittee Report and to authorize the Subcanmittee to proceed as outlined and report back to the Council. Request by Human Rights Commission for Authorization to Send Letter MOVED by Anderson, seconded by Stockman and motion carried to allow the Human Rights Commission to send the letter they requested to Senator Jim Ramstad and Representative Jim Heap regarding support of Senate File 83 and House File 109. Mayor Thorsen voted no. Public Hearing - RSL 134 - Lee and Major 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. Robert VanHoe, 2700 Lee Avenue North, opposed Lois Coffey, 2611 Major Avenue North, opposed • Doug Pagenkopf, 4500 Hampton Road, in favor Cyril Dargay, 2650 Major Avenue North, opposed Rafael Fernandez, Jr., 2641 Major Avenue North, opposed Morris Vogel, 2701 Lee Avenue North, opposed Gary Krupp, 2701 Major Avenue North, in favor Steve Anderson, 2640 Major Avenue North, in favor The Mayor closed the public hearing. Member Mitchell introduced the following resolution and moved its adoption: nESruvTIctU No 3 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 134 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 9 Regular Meeting of the City Council May 3, 1983 Public Hearing - RSL 135 - Merribee Drive and Hampton 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. Ethel Gutches, 4508 Merribee Drive, opposed. Raymond Kaufmann, 4516 Merribee Drive, opposed. Doug Pagenhopf, 4500 Hampton Road, in favor. The Mayor closed the public hearing. MOVED by Mitchell, seconded by Anderson and motion carried to deny the request for installation of street lights (RSL 135). Council Member Johnson voted no. Public Hearing - RSL 136 - Lee Avenue and Bassett Creek Drive 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: �FSi i Ur/�N .Vc . 9, -416 0 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 136 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 Public Hearing - RSL 137 - Quail and Perry Avenue North 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. Bill Fuhrmann, 2490 Quail Avenue North, in favor. Thomas Hanson, 2775 Quail Avenue North, in favor. David Monson, 2680 Quail Avenue North, in favor. • The Mayor closed the public hearing. I Regular fleeting of the City Council May 3, 1983 Public Hearinq - RSL 137 - Quail and Perry Avenue North - Continued Member Stocknan introduced the following resolution and moved its adoption: Pr'S&-uTjc1j N6. 83-11l RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 137 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 83. Public Hearing - Preliminary Plat Approval - Meadowbrook School Addition Lowell Odland reviewed the plat and answered questions from the Council. Dr. John Young, Director of Business Affairs, Hopkins School District #270, was present to answer questions from the Council. Peggy Leppik, Planning Commissioner, stated that the Planning Commission had recommended approval of the preliminary plat. 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 notion carried unanimously to approve the preliminary plat as proposed. MOVED by Anderson, seconded by Stockman and motion carried unanimously to waive the dedication requirement of land or cash, because of the provision of playgrounds and open space on the school property, but to reserve the right to require dedication if the grounds are rezoned. Public Hearing - First Reading - Rezoning to B&PO - 5400 Glenwood Avenue MOVED by Stockman, seconded by Johnson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: ©11oiN141vc'6 W.54 All ORDINANCE AMENDING THE ZONING CODE (Business & Professional Office Zoning District) 5400 Glenwood Avenue Dr. John Young, Director of Business Affairs, Hopkins School District #270, was present to answer questions from the Council. Peggy Leppik, Planning Commissioner, stated that the Planning Commission had recommended approval of the rezoning. 0 Regular Meeting of the City Council May 3, 1983 Public Hearing - First Reading - Rezoning to B&PO - 5400 Glenwood Avenue - ontinue • 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 Anderson and motion carried unanimously to approve on first 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 - Hayes Enterprises - Industrial Revenue Bond Application Greg Hayes, Hayes Enterprises; Ron Berg, Miller Securities; John Gabriel, and Roger Gordon were present 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 Stockman introduced the following resolution and moved its adoption: ,QE;Cl-U*Iva" /v6. 53 -4 Z RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS 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 Informal Public Hearing - First Reading - Ordinance Amendment - Council Salaries MOVED by Anderson, seconded by Mitchell and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: trltuinluNcr No, 5-q l AN ORDINANCE AMENDING THE CITY CODE (Council and Mayor Salary Schedule) 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 on first reading the ordinance amendment herein quoted by title. • 0 Regular Meeting of the City Council May 3, 1983 Informal Public Hearing - Second Reading - Ordinance Amendment - Change in Liquor icense • MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: (T"'r"o1 igNCC No 5"IZ AN ORDINANCE AMENDING THE CITY CODE (Change in Liquor License) 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 on second reading the ordinance amendment herein quoted by title. Informal Public Hearing - Second Reading - Proposed Amendment - Sign Ordinance MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: &11b11NAkC- 5(13 AN ORDINANCE AMENDING THE CITY CODE (Sign Regulations) 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 on second reading the ordinance amendment herein quoted by title. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the ordinance summary for publication. Letter from Larry Hickman Regarding 6909 Medicine Lake Road Larry Hickman and Joe Sarych were present to request that Joe Sarych be allowed to sell flowers from his residence at 6909 Medicine Lake Road until a new agreement could be negotiated. Robert Skare reviewed the legal background and stated that the Council could not legally allow Mr. Sarych to continue to sell fl owe rs because it is without legal power or authority to do so. MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letters from Larry Hickman and others, regarding 6909 Medicine Lake Road and to take no further action. The Attorney was asked to draft a response to Larry Hickman including the reasons for the Council action. 3� Regular Meeting of the City Council May 3, 1983 Letter from Marie Wolpert Regarding Parking on the East Frontage Road of Highway • Marie Wolpert, 500 Lilac Drive North and Sherman Greenberg, 515 Clover Leaf Drive were present to review the parking problems surrounding the Flower City offices located at 400 Lilac Drive North. Mr. Greenberg asked questions regarding the original zoning of the property and expanding of the parking lot. Robert Skare stated the Council can take no action regarding approval previously given by the Board of Zoning Appeals. Lowell Odland reviewed the parking problems and solutions in the area. Member Johnson introduced the following resolution and moved its adoption: rlfsc tllcu Nv. S' 3—,q3 RESOLUTION RESTRICTING PARKING ON EAST FRONTAGE ROAD - TH 100 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. MOVED by Johnson to call a public hearing to consider restricting the parking on Woodstock from 8:00 AM to 5:00 PM for May 17, 1983. Motion failed for lack of a second. • The Public Works and Public Safety Departments will monitor the area and will make a recommendation to the Council regarding any future action needed and will send information concerning the Board of Zoning Appeals action to Mr. Greenberg. *Extension of Deadline for PUD Permit PUD #36 - Lakeview Terrace MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve a second 90 day extension to July 31, 1983 for signature of the PUD Permit for PUD #36, Lakeview Terrace. *Weed Eradication Rates MOVED by Johnson, seconded by Anderson and motion carried unanimously to increase the rate for weed eradication by $3.00 to a flat rate of $43.00 per hour with a one hour minimum. Capital Improvement Program MOVED by Johnson, seconded by Stockman and motion carried to receive and file the 1983 - 1987 Capital Improvement Program. The Council will discuss the Capital Improvement Program at the Council/Manager meeting on May 10, 1983. Community Center • MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the taking of bids on the roof repair to the Community Center and Pro Shop. 11 Regular Meeting of the City Council Local Addendum to IUOE 49 Contract May 3, 1983 MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the Mayor and Manager to sign the local addendum to IUOE 49 contract. *Bids - Street Construction and Maintenance Materials MOVED by Johnson, seconded by Anderson and motion carried unanimously to award the bids for street construction and maintenance material to the follcwi ng lowest responsible bidders: Bryan Rock Products Class 2 Aggregate $ 5.42/ton Bryan Rock Products Crushed Rock 5.42/ton Bryan Rock Products Binder Stone 5.92/ton Bryan Rock Products Rec Rock 6.42/ton Bryan Rock Products Ball Diamond Mix 6.42/ton C. S. McCrossan MC Plant Mix 2331 19.80/ton C. S. McCrossan Wearing Course/Mix 12.90/ton C. S. McCrossan Bituminous Materials /Mix 170.00/ton Commercial Asphalt AC Plant Mix 2341 16.75/ton TCI Trap Rock Inc. Seal Coat Aggregate 10.71/ton Barton Sand & Gravel Winter Sand 3.14/ton The bid tabulation is attached and made a part of the minutes as Exhibit A. MOVED by Johnson, seconded by Anderson and motion carried unanimously to award the bid for road oil to Koch Asphalt for $1.024/gallon for MC 30,70,250 and • $1.024/gallon for RC 250,80. The bid was as follows: MC 30,70,250 RC 250,80 Koch Asphalt $1.024/gallon $1.024/gallon *alternate 1.00/gallon* 1.00/gallon* *Bids - Tree Removal MOVED by Johnson, seconded by Anderson and motion carried unanimously to receive the two bids for removal of diseased trees and delay awarding the bid for two weeks to allow staff time to analyze the bids. Police Fitness Program Glen Olson, Director of Public Safety was present to review the Police fitness program and answer questions from the Council. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to transfer $3,245 from the Contingency Fund to Program 335, Line Item 4411 Conference and Schools to fund the Police Fitness Program. Proposed Change in Ethics Code Jeff Sweet reviewed the reasons for the change in the Ethics Code. MOVED by Mitchell, seconded by Anderson and motion carried unanimously to call • for an informal public hearing to consider an ordinance amendment to the Code of Ethics for May 17, 1983. ■1 Regular Meeting of the City Council Termination of Contract with Bullseye Golf May 3, 1983 • Jeff Sweet reviewed and distributed information regarding the proposed agreenent with Kokesh. Todd Christensen, Golf Manager and Kris Tovson, Pro Shop Manager were present to answer questions from the Council. MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager to enter into a Termi nation Agreement with Bul lseye Golf Center, Inc. for supplying the Golf Shop. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the Mayor and Manager to enter into an Agreement with Kokesh Athletic and Golf Supplies, Inc. for supplying the Golf Shop. Announcements of Meetings Council Member Anderson and Mayor Thorsen will attend the Legislative Breakfast on May 9, 1983 at 7:00 AM at the Maple Grove Fire Station on Hemlock Lane. Council Members Stockman and Thorsen will meet with members of the Human Rights Commission on May 16, 1983 at 4:30 PM in the Mayor/Council Office regarding Dover Hill Management Plan and human service needs. Council Member Anderson and Mayor Thorsen will attend the joint meeting of elected officals of municipalities and school board members of School District #281 on May 19, 1983 at 6:00 PM at the North Campus of the Hennepin Technical • Center. Council Member Anderson and Mayor Thorsen will attend the Chamber Breakfast on May 6, 1983. • Commission Appointments Council Member Stockman reported on the interview he and Council Member Johnson had wi th Gordon McDonal d for an opening on the Open Space and Recreation Commi ssion. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to reap- point Jennifer Kahlow to the Open Space and Recreation Comm ssion for a three year term ending February 28, 1986 and appoint Gordon McDonald to the Open Space and Recreation Commi ssion for' a one year term beginning May 3, 1983 and ending February 28, 1984. All Commission and/or Board members who have not received their Certificates of Appointment or Certificates of Appreciation will be asked to attend a Council Meeting to receive them. Charlie Sutton Day Proclamation MOVED by Anderson, seconded by Mitchell and motion carried unanimously to proclair 1'3y 7, 1983 at Charlie Sutton Day in Golden Valley. �0 Regular Meeting of the City Council May 3, 1983 League of Minnesota Cities Conference Attendance Council Members Anderson and Johnson have indicated an interest in attending the League of Minnesota Cities Annual Conference from June 14-17, 1983 in B1 oani ngton. Council Representative to the Tax Exempt Finance Committee Jeff Sweet stated that he may request Public Financial Systems to evaluate future industrial revenue bond appl icatons. MOVED by Mitchell, seconded by Anderson and motion carried unanimously to appoint Council Member Stockman as a non-voting member to the Tax Exempt Finance Commi ttee Adjournment MOVED by Mitchell, seconded by Anderson and motion carried unanimously to adjourn the meeting at 11:30 PM. Rosema Thorse@�r,- r ATTEST: • J d Na y, Deput City Clerk •