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08-16-83 CC MinutesRegular Meeting of the City Council August 16, 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 August 16, 1983 at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; Assistant City Engineer, Tom Snetsi nger; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally. Approval of Minutes - August 2, 1983 MOVED by Stockman, seconded by Anderson and motion carried unanimously to approve the minutes of the City Council meeting of August 2, 1983 as submi tted. Approval of Agenda MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the agenda of August 16, 1983 as amended: Addition of Item 1E2: Water Tower Painting Bill Addition of Item 5B: Alternative Layout for Brodkvi ew Community Center Approval of Consent Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve • the items on the consent agenda, indicated by an asterisk(*). *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. *Bill Regarding Mark Hurd, Inc. Legal Defense MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the payment of $300.98 fram the Special Legal Cases Budget regarding the Mari, Hurd, Inc. Legal Defense. Water Tower Painting Bill Staff recommends partial payment to the contractor for painting the water tower. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to authorize payment of the bill for $35,226.00, submitted by Schumann Bros. , Inc., for painting the water tower. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #8465 to #8472 and #5485, voiding #8469 and #8471. • Regular Meeting of the City Council *Minutes of Boards and Commissions August 16, 1983 • MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - August 1, 1983 Human Rights Commission - July 14, 1983 Brookvi ew Improvement Committee - August 4, 1983 Planning Commission - August 1, 1983 Board of Zoning Appeals - August 9, 1983 Don Mosher, Senator Boschwi tz's Office, Regarding Funding Don Mosher, from Senator Boschwi tz's office was present to ask what concerns the Council had regarding various issues, such as the federal budget, revenue sharing, cable TV and answered questions from the Council. The City has requested matching funds for a Civil Defense Siren project and Mr. Mosher will inquire about the status of the funds and relay that information to the Council. Barbara McKernan, NWHHSC, Regarding Day Care Barbara McKernan, from the Northwest Hennepin Human Services Council was present to request $5,000 of CDBG monies for day care subsidies and answer questions from the Council. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to request the staff to prepare a proposed CDBG amendment and ask for a recommendation from • the Human Rights Commission relative to the request for day care funding, whether small subsidies to a large number of recipients or a larger subsidy to a smaller number of recipients is better, look at the relationship of the day care funding and the Adventure Club. Public Hearing - 5800 Duluth Street - Ordinance Violation Following the presentation of extensive evidence as to the present condition of the property from Mr. Lloyd Becker, the Director of Zoning and Inspections, including photographs, written reports and Mr. Becker's own testimony based upon his personal physical examination of the Reinertson property, Mr. Mark Reinertson (who acknowledged being the property owner) was afforded the opportunity to respond. Mr. Reinertson stated that construction materials, construction equipment, construction trucks and trailers (mobile homes) had been brought onto the site without a building permit having been issued. The evidence presented reflected broken concrete blocks, planks, torn insulating materials, high grasses and noxious weeds on the property. Mr. Reinertson stated that children and vandals have come upon the property and have caused the breakage of the materials and that in turn this debris has made it difficult to remove the weeds and grasses. The City Attorney, in response to questions from the Council, indicated that three courses of action were open to the City: (a) prosecution of the property owner on misdemeanor charges for violation of various debris, litter and weed ordinances as well as violation of mobile home and disabled vehicle ordinances; (b) removing debris and litter and weeds with the use of city equipment and assessing the cost thereof to the property owner if the latter fails to do so • after proper notice; (c) seeking a civil court order relative to removal of the larger construction equipment and mobile trailer vehicles based upon and if the other actions of notice from the Council and prosecution action are not successful in abating the violations. Regular Meeting of Regular Meeting August 16, 1983 Public Hearing - 5800 Duluth Street - Ordinance Violation - Continued • Mr. Becker concluded his presentation noting that the mobile trailers had broken windows, padlocked doors and gasoline and paint cans lying in their immediate vicinity and asked Mr. Rei nertson's cooperation in removing these conditions which he characterized as an immediate hazard to children. Council members then spoke to the issues, questioned whether these conditions were not attractive nuisances to children, and inquired whether the City might not have some duty for proceeding to remove these conditions and possible liability for not so doing. The Council next discussed allowing the property owner some additional time to remove and abate the violations before the City took official action on the sane. There was further discussion concerning allowing a somewhat longer period of time to remove the heavier equipment although it was noted that these also pose a danger to the health and welfare of the community for the reasons earlier stated. At the conclusion of this discussion it was MOVED by Anderson, seconded by Johnson and motion carried unanimously as follows: That the City Council for the City of Golden Valley finds that there exists on the property owned by Reinertson and Associates at 5800 Duluth Street within the City conditions of litter, refuse, noxious weeds and grasses, disabled and inoperable vehicles, illegally parked mobile home vehicles and related problems which threaten the health, safety and welfare of the surrounding community in the form of a harboring area for rodents, a hazard and detriment to neighboring residents and a potential immedi ate danger to chil dren and others, al l i n vi olation of Golden Val ley Ci ty Code Ordinances Section 465, 625, 655, 660 et. al. and therefore orders that (1) on or before August 26, 1983 the named property owner cause the abatement of • those violations dealing with refuse (City Code Section 625), litter (City Code Section 655), and weed and grass control (City Code Section 660) as said violations are here above outlined and detailed, and that (2) on or before September 6, 1983 the above named property owner cause the removal of those items of construction equipment, construction vehicles and mobile trailers which are in violation of applicable city ordinances here above referred to, and that (3) in the event of the non-compliance of the property owner with either of items 1 or 2 above the City Attorney is directed to commence the appropriate misdemeanor prosecutions for said violations and seek civil court relief where deemed offending vehicles, trailers and equipment specified in item 2 above, and the city staff is hereby directed to use city personnel and equipment to cause the removal and abatement of those conditions specified in item 1 above and assess the cost thereof against the property upon which said conditions have been found to exist. Public Hearing - 83 SI 6 - Laurel Avenue Soo Line Crossing Tom Snetsinger presented the project and answered questions. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Rick Kohen, 6051 Laurel Avenue, approve. Clare Miller, 5720 Laurel Avenue, opposed. • Clarence Green, 5740 Laurel Avenue, he had questions regarding the assessments. Roger Boerger, 6051 Laurel Avenue, approve. IN Regular Meeting of Regular Meeting August 16, 1983 Public Hearing - 83 SI 6 - Laurel Avenue Soo Line Crossing - Continued • Lee Widstron, 6051 Laurel Avenue, she had questions regarding when the project will be completed. Yvonne Mjos, 6051 Laurel Avenue, she had questions regarding zoning in the area. William Bergmann, 6051 Laurel Avenue, approve. The Mayor closed the public hearing. Member Anderson introduced the following resolution and moved its adoption: nrQ1J'r1aV AIt , �5-q'5- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 83 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 Member Mitchell introduced the following resolution and moved its adoption: n trltk &� 0- � , RESOLUTION ORDERING CONS CTION OF • CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83 SI 6 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 - Second Reading - Ordinance Establishing Reserve Fund MOVED by Johnson, seconded by Mitchell and motion carried to bring on the table for second reading the ordinance amendment herein entitled: cmNAM(k W, 661 AN ORDINANCE AMENDING THE CITY CODE (Establishing A Storm Sewer Reserve Fund) 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 Anderson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. n U Regular Meeting of Regular Meeting August 16, 1983 Public Hearings - Second Readings - Proposed Sauna Ordinance • MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: 0,7 W / L1 A1fG_ AA. i Regular Meeting of Regular Meeting August 16, 1983 *Call for Public Hearing - RSL 140 - Windsor Woods - 9/20/83 • Member Johnson introduced the following resolution and moved its adoption: OUihlaNCk W - X3-17 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 140 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 , Call for Public Hearing - Proposed Amendment - Taxicab Ordinance - 9/20/83 Dean Mooney, Deputy Director, and Robert Skare, City Attorney, reviewed their memos and answered questions from the Council. The City Attorney was asked to prepare a draft taxicab ordinance for review at the September 6, 1983 meeting. MOVED by Johnson, seconded by Anderson and motion carried unanimously to call a public hearing to consider amendments to the Taxicab ordinance for Septenber 20, 1983. 10, , *Public Safety Communications Agreement MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the Mayor and City Clerk to sign the Public Safety Communications agreement. Effect of Recent Open Meeting Law Decision MOVED by Anderson, seconded by Mitchell and motion carried unanimously to receive and file the memo from the City Attorney, dated August 5, 1983 regarding the effect of recent open meeting law decision and to proceed as in the past. *Authorization for Tent Sale at Jim Lupient Oldsmobile Co. MOVED by Johnson, seconded by Stockman and motion carried unanimously to grant permi ssion to Jim Lupi ent 01 dsmobil a Co. to set up a tent for a sal es promotion at 7100 Wayzata Boulevard from August 18 through September 6, 1983, with the hours being Monday through Friday from 8:00 AM to 9:00 PM and Saturday, 8:00 AM to 6:00 PM. *Authorization for West Suburban Kiwanis Club Garage Sale - 965 Decatur Avenue MOVED by Johnson, seconded by Stockman and motion carried unanimously to grant permission to the West Suburban Kiwani s Club for a garage sale at 965 Decatur on September 10, 1983 subject to the following conditions: 1. Proponent contact Public Safety Department prior to exact date of sale and have arrangements in place should extra duty officers be required for • traffic control. 2. A letter from the property owner to the Zoning and Inspections Department acknowledging they are aware of the type of event and with their approval noted. 0 • • Regular Meeting of Regular Meeting August 16, 1983 *Authorization for West Suburban Kiwanis Club Garage Sale - 965 Decatur Avenue Continued 3. Coordination with the Golden Valley Fire Marshal to address any fire protection needs if necessary. 4. Clarification of method of removal from premises of all items not sold. 5. The City Sanitarian be contacted by the proponents and all necessary approvals, inspections or licenses as necessary be arranged for. *Bids - Heating System for Central Garage and Paris Maintenance Building MOVED by Johnson, seconded by Stockman and motion carried unanimously to reject the bids for the Paris Maintenance garage heating system because the bids were too high above the cost estimate and to award the bid of installation for the Central garage heating system to the lowestresponsible bidder, Rainbow Mechanical for $26,825. The bids were as follows: Central Garage Rainbow Mechanical $26,825.00 Duty, Inc. 28,328.00 Berghorst 28,970.00 *Quotes - Loop Detectors Paris Maintenance Garage $23,825.00 25,928.00 28,970.00 MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the installation of loop detectors on the north side of Meadow Lane at TH 55 from the lowest responsible bidder, Hoffman Electric for $1,200.00. The quotes were as follows: Hoffman Electric $1,200.00 Egan McKay Electrical 1,256,00 Collins Electric Co. 1,435.00 Bids - Relocation of Sanitary Sewer for South Wirth Parkway MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the bid for the reconstruction of sanitary sewer for South Wirth Parkway to the lowest responsible bidder, Orvedahl for $122,294.00. The bids were as follows: Amount Bid Corrected Bid Orvedahl $122,294.00 OK Barbarossa & Sons 152,177.00 OK G. L. Contracting 172,669.36 $196,411.22 Orfei & Sons 156,061.46 OK Nodland 148,863.00 OK Northdale 123,980.75 OK Alternative Layout for Brookview Community Center Jeff Sweet reviewed the alternative layout and answered questions from the Council. MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize • a transfer of $400 from the Building Fund to the Community Center Fund to cover the cost of preparation of the alternative plan for Brodkview community center prepared by TDKA. 1 Regular Meeting of the City Council Announcements of Meetings August 16, 1983 The Council has been i nvi ted to a open house for the South Wi rth Condami nium Project on August 18, 1983 at 4:00 PM at the offices of the developer. Council Member Stockman and Mayor Thorsen will meet with two members of the Open Space and Recreation Commi ssion on August 22, 1983 at 4:00 PM in the Mayor/Council Office regarding the Brookvi ew pool study. The Council set an executive session to consider the status of the Mark Hurd Aerial Company lawsuit for August 30, 1983 at 6:00 PM in the City Manager's Conference Roan. LMC/AMM Regional Meeting Staff was requested to make one reservation for Council Member Anderson for the LMC/AMM Regi onal Meeti ng to be hel d September 29, 1983, i n B1 oani ngton. Certificates of Appointment Peggy Leppick, Planning Commi ssion, was present to receive her Certificate of Appoi ntment. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 10:00 PM. • ATTEST: 5�,4016Y u y 6Natoly, Deputy i ty C1 erk • Rosemary Thorset�Ma r I