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06-07-83 CC MinutesRegular Meeting of the City Council June 7, 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 June 7, 1983 at 6:30 PM. The following members were present: Anderson, Johnson, Stockman and Thorsen, and the following member was absent: Mitchell. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; Assistant City Attorney, Allen Barnard; and Deputy City Ci°erik, Judy Nally. Approval of Minutes - May 17, 1983 MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the minutes of the City Council meeting of May 17, 1983 as amended: Announcements of Meetings — delete repeat announcement rega rdi ng District 281 quarterly meeting. Approval of Agenda MOVED by Anderson seconded by. Stockman and motion carried unanimously to approve the agenda of June 7, 1983 as amended: Addi tion of Item 4A2: Notification Requirements Addition of Item 41: Noble Crossing Update • Addition of Item 5E: Agreement with New Hope for Reimbursement of Officer Costs Addition of Item 6D: LMC Constitutional Amendment Approval of Consent Agenda MOVED by Stockman seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) except Item 1F3a: On Sale and Sunday Sale Liquor license Renewal - The Samurai; Item 3A: Request to Serve Champagne at Brookview; and Item 5B2: Tree Removal - Bids. *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Bill Regarding Mark Hurd, Inc. Legal Defense MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the payment of $1,737.04 #roan the Special Legal Cases Budget regardi ng the Mark Hurd, Inc. Legal Defense. *Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #8408 to #8430 and #5479 to #5480, voiding #8408 and #8411. • Regular Meeting of the City Council June 7, 1983 *On Sale, Off Sale, Sunday Sale, and Wine Liquor License Renewals • MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the renewal of liquor 1icenses for on sale and Sunday sale to: The Ground Round and Jax of Golden Valley; for off sale only to: Byerly's Beverages; for wine only to: My Pie. On Sale and Sunday Sale Liquor License Renewal - The Samurai Mayor Thorsen stated that she has received complaints regarding compliance with the Minnesota Clean Air Act at the Samurai Restaurant and asked if the renewal of the liquor licenses could be conditioned upon his compliance with the Act. Allen Barnard reviewed options the Council has available to attach conditions to the approval of the liquor license. MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the renewal of liquor licenses for on sale and Sunday sale to The Samurai on the condition that they submit evidence of compliance to the Minnesota Clean Air Act prior to receiving the liquor license renewal. *Solicitor's License - Andco, Inc. MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the solicitor's license for Andco, Inc. *Minutes of Boards and Commissions • MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Apeal s - May 10, 1983 Building Board of Review - May 16, 1983 Brookvi ew Improvement Committee - May 12, 1983 and May 26, 1983 Human Rights Commission - May 12, 1983 Bassett Creek Flood Control Commission - April 21, 1983 Planning Commission - May 23, 1983 Open Space and Recreation Commi ssion - May 23, 1983 *Call for Public Hearing - Conditional Use Permit - 8000 Olson Memorial Highway - 7 /5/83 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider a conditional use permit to allow operation of a take out barbecue restaurant located at 8000 Olson Memorial Highway in a Commercial Zoning District. Report on Laurel Avenue Greenbelt No discussion and/or action taken. 0 q` Regular Meeting of the City Council Detached Worker Program Update June 7, 1983 • Kandi Larson -Lindenberg, Detached Worker was present to update the Council on the Detached Worker Program and answer questions from the Council . MOVED by Anderson, seconded by Stockman and motion carried unanimously to receive and file the Detached Worker Program Report for January - March, 1983 and to extend the Council's appreciation to Kandi Larson -Lindenberg. Public Hearing - First Reading - Rezoning to R-2 - 9025 23rd Avenue North Council Member Anderson abstained from the discussion and voting on this iter stating a potential conflict of interest. MOVED by Johnson, seconded by Thorsen and motion carried to bring on the table for first reading the ordinance amendment herein entitled: DeDlNgvCP_ /w.57 - AN ORDINANCE AMENDING THE ZONING CODE (Two -Family R-2 Residential Zoning District) David Reinke, Proponent, was present to answer questions frau the Council. Dave Thompson, Planning Commi ssioner, stated that the Planning Comd ssion had recommended approval of the rezoning by a 4 to 3 vote, reviewed the reasons the Commission stated for approval and denial of the rezoning 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. Dave McCunn, 8930 23rd Avenue North, opposed. Tom Zi ns, 8925 23rd Avenue North, opposed. Jim Johnson, 2315 Decatur Avenue North, opposed. David Reinke, 9045 23rd Avenue North, in favor. The Mayor closed the public hearing. Jeff Sweet stated that since this iten requires four votes for approval the next meeting in which a full council will be in attendance will be the July 19 meeting. MOVED by Stockman, seconded by Johnson and motion carried to continue the public hearing to the July 19 Council meeting and to send public hearing notices to those property owners previously notified. Council Member Anderson abstained. Publ i c Heari ng - Prel imi nary P1 at Approval - Standa rd Oil 3rd Addi tion Jerry Hauer, McCombs -Knudson Associates, Inc., representing the Proponent, was present to answer questions from the Council . . Dave Thompson, Planning Commi ssioner, stated that the Planning Comd ssion had recommended approval of the rezoning, reviewed the landscape plan and answered questions from the Council . N Regular Meeting of the City Council June 7, 1983 Public Hearing - Preliminary Plat Approval - Standard Oil 3rd Addition - Continued 0 The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Art Hinnenthal, representing Harkraft, Inc. he had concerns over access to his business, landscaping and maintenance of the property. The Mayor closed the public hearing. MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the preliminary plat as proposed. Public Hearing - First Reading - Conditional Use Permit - 9125 10th Avenue North MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: &1z0iAJPNLb No, 597 AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Industrial Zoning District) 9125 10th Avenue North Jerry Hauer, McCombs -Knudson Associates, Inc., representing the Proponent, was present to answer questions from the Council. Dave Thompson, Planning Commi ssioner, stated that the Planning Comd ssion had recommended approval of the conditional use permit 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. Conformance with the Site Plan Sheet No. 2 dated April 7, 1983 prepared by McCombs -Knudson Associates, Inc. 2. Installation of landscaping in accordance with the Landscape Planting Plan Sheet No. 4 submitted by Roy A. Anderson, Wehrman Consultants Associates, Inc., on April 13, 1983, with the addition of vines on the eastern and western perimeter fences. 3. Provision of a landscape bond in the amount of $24,000 which shall run for two (2) full growing seasons and until released by the Golden Val ley Inspection Department. The bond shall be executed and delivered to the Golden Val ley Inspection Department prior to initiation of the site work. 4. Protection of all green areas adjacent to parking and access areas by concrete curb. 5. Negotiation of an easement from the City of Golden Valley for access across Tract C of R.L.S. No. 1293. 6. Failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use permit. • ANDERSON - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES tf Regular Meeting of the City Council June 7, 1983 Public Hearing - First Reading - Ordinance Amendment - Non -Intoxicating Malt Liquor • MOVED by Stockman, seconded by Johnson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: oa//V4Nc& NO 5C AN ORDINANCE AMENDING THE CITY CODE (Non -Intoxicating Malt Liquors) 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. Informal Public Hearing - Second Reading - Ordinance Amendment - Ethics Code MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled`: cr&V1A fi1VC1z� A& , 595 AN ORDINANCE AMENDING THE CITY CODE (Code of Ethics) 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 Stockman and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Request to Serve Champagne at Brookview MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the request of Berdina Buhs to have a champagne "toast" at a grooms dinner scheduled for July 8 at the Brookview Picnic Shelter. *Letter from Eileen Roehlke, Hennepin County Agricultural Society Regarding County Fair Contribution MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Eileen Roehlke, received May 12, 1983, regarding the County Fair and inform her of the City's intent not to contribute funds to help finance the Fair. Letter from Peter Enck, Bassett Creek Flood Control Commission Regarding Watershed Management Organization Lowell Odland and Allen Barnard answered questions from the Council regarding the new Joint Powers Agreement that establishes the Bassett Creek Watershed Management Plan. C Reguar Meeting of the City Council June 7, 1983 Letter from Peter Enck, Bassett Creek Flood Control Commi ssion Regarding Watershed Management Organization - on irue • Member Anderson introduced the following resolution and moved its adoption: 2ESoLuricAi Nv, 83 5t RESOLUTION APPROVING THE CITY OF GOLDEN VALLEY EXECUTING A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF BASSETT CREEK 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, Stockman and Thorsen, and the following was absent- Mitchell, bsent:Mitchel1, 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 *Letter from T. G. Ryan, ISO Commercial Risk Services, Inc. Regarding Fire Insurance Classification MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from T. G. Ryan, dated May 19, 1983 regarding fire insurance classification. *Letter from Jo Nunn, League of Minnesota Cities Regarding Board • MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Jo Nunn, President, League of Minnesota Cities, dated May 19, 1983 regarding LMC Board. *Call for Public Hearing - 83 SI 4 - Duluth Street, Mendelssohn to Flag - 7/19/83 Member Stockman introduced the following resolution and moved its adoption: 12C-Socuri,oly 41o• k-�-670 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83 SI 4 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, Stockman and Thorsen, and the following was absent: Mitchell, 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 Notification Requirements - 83 SI 4 - Duluth Street, Mendelssohn to Flag The Council discussed where public hearing notices should be sent regarding the street improvement on Duluth Street. MOVED by Johnson, seconded by Anderson and motion carried unanimously to notify the following property owners of the public hearing on the proposed street improvement on Duluth Street; all those properties abutting Flag Avenue, Gettysburg Avenue, Independence Avenue and Mendelssohn Avenue, between Earl Street and Duluth Street including the four property owners on the north side of Duluth Street, between Flag Avenue and Ensign Avenue. Reguar Meeting of the City Council June 7, 1983 *Call for Public Hearing - 83 SI 7 - Wirth Parkway Service Road - 7/5/83 Member Stockman introduced the following resolution and moved its adoption: (e,,c-5a07-1C�V AJ6 . -51 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83 SI 7 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, Stockman and Thorsen, and the following was absent: Mitchell, 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 Cleric. See Resolution Book Page *Purchase of Teleprinter Equipment MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the purchase of teleprinter equipment for 911 emergency phone service subject to approval by the City of New Hope. *Signatory for Application of Training Reimbursement Money Member Stockman introduced the following resolution and moved its adoption: ,CE56LVrI0/V N0. X 3 J' RESOLUTION DESIGNATING SIGNATORY FOR APPLICATION OF TRAINING REIMBURSEMENT MONEY • 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, Stockman and Thorsen, and the following was absent: Mitchell, 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 *Parking on East Frontage Road of Highway 100 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the report from the City Engineer, dated June 2, 1983 regarding the parking on the east frontage road of Highway 100. *Extension of Use for Trail er'Office at Calvary MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the staff to coordinate with Bor-Son and Calvary for removal of the trailer office at Calvary by this fall. • r1l Regular fleeting of the City Council June 7, 1983 *No Parking - Hampshire Avenue North Member Stockman introduced the following resolution and moved its adoption: I?�S��U%loii n�v. Qti-S� RESOLUTION RESTRICTING PARKING ON HAMPSHIRE AVENUE NORTH 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, Stockman and Thorsen, and the following was absent: Mitchell, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the flayor and her signature attested by the Deputy City Clerk. See Resolution Book Page . Hockey Lighting at Hampshire Park Jeff Sweet stated that staff recommends approval as outlined in the report. MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive the report on the hockey lighting system glare reduction measures prepared by R. L. Feig & Associates, Inc., dated [lay 11, 1983 and authorize implementation of the plan as outlined in the report. Noble Crossing Update Lowell Odland updated the Council and answered questions on the Noble Avenue crossing. *Brookview Budget Adjustment • MOVED by Stockman, seconded by Johnson and motion carried unanimously to adjust the Brookview budget as follows: Pro Shop sale increase $44,000 Pro Shop merchandise purchases increase 36,350 Pro Shop professional services 1,250 Course maintenance capital outlay increase 28,500 Brookview sale of assets increase 2,500 *Bids - Resurfacing of Tennis Courts and Hard Surface Areas MOVED by Stockman, seconded by Johnson and motion carried unanimously to award the bid for resurfacing of tennis courts and hard surface areas to I. C. Sports for $22,618.50. A bid was received from Tennis West but the bid was withdrawn. Bids - Tree Removal Lowell Odland answered questions regarding the bids. MOVED by Anderson, seconded by Stockman and motion carried unanimously to award the bid for removal of diseased public and private elm and oak trees and stumps for 1983 from the lowest responsible bidder, Arps Tree Service for $77,108. The bids were as follows: Arps Tree Service $77,108 Ceres Tree Co. 84,908 I Regular Meeting of the City Council June 7, 1983 *Quotes - Compressor • MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase a compressor for the Public Safety building air conditioning unit frau the lowest responsible bidder, Air Comfort for $3,480 and transfer $3,500 to the Public Safety Building Remodeling project account, 31-4382-531-93 fron the Capital Improvements Program, Emergency Generator Project. The quotes were as follows: Air Comfort $3,480 Palen Kimbal 4,048 Yale, Inc. 6,648 *Engagement Letter with Anfinson, Hendrickson for Inventory Accounting System or Brookview MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the City Manager to sign the engagement letter with Anfinson, Hendrickson for the development of an inventory control system for Brodkvi ew. Final Approval - Hayes Enterprises - Industrial Revenue Bond Allen Barnard updated the Council on the Hayes Enterprises Industrial Revenue Bond application and answered questions frau the Council. Greg Hayes, Hayes Enterprises and Ron Berg, Miller Securities were present to answer questions from the Council. • Member Anderson introduced the following resolution and moved its adoption: (�ESvi-;�-�oN N0,�S3-b0 RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT 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, Stockman and Thorsen, and the fol lowi ng was absent: Mitchell, 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 City Clerk. See Resolution Book Page MOVED by Anderson, seconded by Johnson and motion carried unanimously to call a public hearing on final approval of Hayes Enterprises Industrial Revenue Bond Issue on June 21, 1983. The additional public hearing is required because the Internal Revenue Service promulgated new regulations under the provi sions of the Internal Revenue Code as recently amended by Tax Equity Fiscal Relief Act. Agreement with New Hope for Reimbursement of Officer Costs Jeff Sweet reviewed the temporary assignment of Officer Arons to the City of New Hope and recommended approval of the agreement. . MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the City Manager to enter into a letter of agreement with the City of New Hope for reimbursement of officer costs. Regular Meeting of the City Council Announcements of Meetings June 7, 1983 Council Members Anderson and Johnson will attend the League of Minnesota Cities Conference in Bloomington from June 14-17, 1983. Certificates of Appointment Mayor Thorsen presented Ann Gallagher and Emilie Johnson with a Certificate of Appointment. Appointment of NWSCCC Directors MOVED by Anderson, seconded by Johnson and motion carried unanimously to appoint Jeff Sweet and Ray Stockman as Golden Valley's representatives to the Northwest Suburbs Cable Communications Commi ssion for a one year tern ending in June, 1984. LMC Constitutional Amendment Council Member Anderson reviewed LMC constitutional amendment. Adjournment MOVED by Johnson, seconded by Anderson and motion carried unanimously to adjourn the meeting at 9:00 PM. C.._w Roserhary T s -e n, , ayo r ATTEST: U y N ly, Depu City Cleric 0 (6