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04-18-84 CC MinutesRegular Meeting of the City Council April 18, 1984 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 April 18, 1984 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and and Thompson. Also present were: Acting City Manager, Lowell Odland; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally. Approval of Minutes - April 3, 1984 MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve the minutes of the City Council meeting of April 3, 1984 as submitted. Approval of Agenda MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the agenda of April 18, 1984 as amended: Addition of Departmental Item: Approval of Right -of -Way Acquisition for Laurel Avenue Addition of Mayor and Council Items: BZA Vacancies, Chamber of Commerce Foundation Appointment and Mandated and Discretionary Services Provided by Hennepin County 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 (*). *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #9056 to #9086, and #5553 to #5559. *Taxi Cab and Taxi Driver Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of taxi cab licenses and taxi driver licenses as recommended by staff. *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 Appeals - April 10, 1984 Human Rights Commission - March 15, 1984 Planning Commission - April 9, 1984 Open Space and Recreation Commission - March 26, 1984 Regular Meeting of the City Council April 18, 1984 *Call for Public Hearing - Ordinance Amendment - Chapter 15 - PUD Procedures - 5/15/84 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider an ordinance amendment to Chapter 15 regarding PUD procedures for May 15, 1984. Call for Public Hearing - Easement Vacation - Laurel Avenue and Request for Expansion of Parking Lot - 6/5/84 Mayor Anderson introduced the agenda item recommending that the Council have the proponent and Open Space and Recreation Commission present their reports and recommendations at the public hearing. Tom Miller, Proponent, stated he would attend the public hearing and make his presentation at that time. Chuck Burmeister, Open Space and Recreation Commissioner, also stated that he would attend the public hearing and present the Commission recommendations at that time. Robert Skare stated that a formal public hearing should be held. MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a formal public hearing regarding an easement vacation and request for expansion of the parking lot at 7400 Laurel Avenue for June 5, 1984. Continued Public Hearing — Street Vacation - Busch Street Lowell Odland introduced this agenda item, and answered questions from the Council. Robert Skare stated that passage of the street vacation does not require a four- fifths vote. Robert Johnson, proponent, was 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. Lee Watson, Attorney representing Carl Jacobson, requested the Council deny the petition for the street vacation and reviewed the reasons for his request. Robert Johnson, proponent, reviewed his plans for the area. The Mayor closed the public hearing. Robert Skare answered questions from the Council. a Regular Meeting of the City Council April 18, 1984 Continued Public Hearing - Street Vacation - Busch Street - Continued Member Stockman introduced rthe following resolution and moved its adoption: RESOLUTION FOR STREET VACATION - PORTION OF BUSCH STREET The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson, 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 The development of the Busch Property as a single use eliminates the need for a public street through the property. Since there are no public utilities within the right-of-way, there is no longer a public need for the street. Also, the adjoining property is a single parcel which does have access onto 10th Avenue and an addition can be added to the building provided it meets the Zoning Code requirements. Public Hearing - Cul-de-sac Vacation - Busch Street Lowell Odland introduced the agenda item. 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: RESOLUTION FOR CUL-DE-SAC VACATION - BUSCH STREET The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson, 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 - First Reading - Conditional Use Permit 82-2 Amendment — 7000 Wayzata Boulevard Steve Swartz, Attorney representing the proponent, requested that the Council defer action on the Conditional Use Permit Amendment and reviewed the reasons for the request. Jim Lupient, Proponent was also present to answer questions from the Council. Lowell Odland answered questions regarding the request. 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 Thompson, seconded by Stockman and motion carried unanimously to continue the public hearing for the conditional use permit 82-2 amendment of 7000 Wayzata Boulevard to June 5, 1984. I Regular Meeting of the City Council April 18, 1984 Public Hearing - First Reading - Conditional Use Permit 82-3 Amendment - 6980 Wayzata Boulevard • Steve Swartz, Attorney representing the proponent, requested that the Council defer action on the Conditional Use Permit Amendment and reviewed the reasons for the request. Jim Lupient, Proponent was also present to answer questions from the Council. Lowell Odland answered questions regarding the request. 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 continue the public hearing for the conditional use permit 82-3 amendment of 6980 Wayzata Boulevard to June 5, 1984. Public Hearing - First Reading - Conditional Use Permit 82-4 Amendment - 6980 Wayzata Boulevard Steve Swartz, Attorney representing the proponent, requested that the Council defer action on the Conditional Use Permit Amendment and reviewed the reasons for the request. Jim Lupient, Proponent was also present to answer questions from the Council. Lowell Odland answered questions regarding the request. • 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 Thompson, seconded by Stockman and motion carried unanimously to continue the public hearing for the conditional use permit 82-4 amendment of 6980 Wayzata Boulevard to June 5, 1984. Public Hearing - First Reading - Conditional Use Permit - 704 Pennsylvania Avenue South MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE ( Conditional Use Permit for Industrial Zoning District) 704 Pennsylvania Avenue South Lowell Odland introduced this agenda item. Steve Swartz, Attorney for the proponent, and Jim Lupient, Proponent were present to answer questions from the Council. Don Singer, Planning Commissioner, stated the Planning Commission recommended approval of the conditional use permit. 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. Regular Meeting of the City Council April 18, 1984 Public Hearing - First Reading - Conditional Use Permit - 704 Pennsylvania Avenue South - Continue MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. That the site be properly landscaped and maintained particularly with respect to the required screening along the north property line separating the Industrial Zoning District from the Residential Zoning District all in accordance with the City Zoning Ordinance and City Landscape Standards. 2. The paved asphalt parking lot shall be the only location where motor vehicles of any type can be parked whether they are visiting or there for a lengthly stay and absolutely no parking shall be allowed on any grass or sodded landscaped area. 3. If some of the smaller areas in the building should be subleased for office space, the required parking for such office space must be made up from the paved parking lot in front of the building. 4. Violation of any of the above conditions or any other provisions of the City Zoning Code shall be grounds for the City Council to consider revocation or suspension of this conditional use permit. Public Hearing - Second Reading - Ordinance Amendment - Liquor Ordinance MOVED by Stockman, seconded by Thompson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: • AN ORDINANCE AMENDING THE CITY CODE (Intoxicating Liquors) Robert Skare introduced the agenda item and reviewed the ordinance amendments. 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 to approve on second reading the ordinance amendment herein quoted by title. Public Hearing - Second Reading- Rezoning to Radio Zoning District - 2401 Mende ssohn Avenue North MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: A. Y't /Ia net" -/2c! -'E'o AN ORDINANCE AMENDING THE ZONING CODE (Radio Zoning District) 2401 Mendelssohn Avenue North 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. 0 Regular Meeting of the City Council April 18, 1984 Public Hearing - Second Reading - Rezoning to Radio Zoning District 2401 Mendelssohn Avenue North - Continued • MOVED by Stockman, seconded by Johnson and motion carried to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - NO *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, Secretary, Hennepin County Agricultural Society, received April 2, 1984 regarding the County Fair and inform her of the City's intent not to contribute funds to help finance the fair. *Letter from Glen Christiansen Regarding Resignation from Board of Zoning Appeals MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Glen Christiansen, dated April 12, 1984, regarding his resignation from the Board of Zoning Appeals and request the Mayor send him a letter of appreciation for his service to the community. *Call for Public Hearin - General Plan Approval Amendment - PUD #8 - Dover Hill - 5/15 84 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider approval of the general plan amendment for PUD #8, Dover Hill for May 15, 1984. *Call for Public Hearin - General Plan Approval - PUD #45 - Health Central - 1 84 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider approval of the general plan for PUD #45, Health Central for May 1, 1984. *Request for Temporary Trailer - South Wirth Parkway MOVED by Stockman, seconded by Johnson and motion carried unanimously to grant the request for a temporary sales office submitted by PEMBCO for the South Wirth Condominium site subject to the following conditions: 1. Handicap access to and into trailer. 2. Connection to City sewer or in the absence of sewer, a holding tank and pick up facilities as proposed. 3. Connection to City water so at least hand washing is available. (Bottled water may suffice for drinking only, if no water main exists.) 4. A security light or lights as required and coordinated with Public Safety. 5. The trailer be skirted and some potted landscape around it. 6. Any additional signage if proposed, be coordinated with Zoning and Inspection Department. 7. To avoid extensions of time periods, trailer be approved for 12 months 40 following date of Council action. Regular Meeting of the City Council April 18, 1984 *Approval of Easement - Golden Valley Lutheran College • MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the payment of $150,000 and authorize the Mayor and Acting City Manager to sign a purchase agreement for the right-of-way. Approval of Change Order for Brookview Community Center Remodeling Lowell Odland introduced the agenda item. Chuck Corlett, Program and Policy Superintendent was present to answer questions. MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the change order submitted by TKDA for $1,800 to reconstruct the east wall of the Brookview Community Center. *Establishment of Additional Program for Senior Citizen Division MOVED by Stockman, seconded by Johnson and motion carried unanimously to establish a Senior Citizen Instruction program within the Senior Citizen Division by increasing programs 603 and Rec Charges Revenue by $450.00 and appropriate from Contingency to Program 603, $120.00. *Medicine Lake Road Funding Member Stockman introduced the following resolution and moved its adoption: j-" mac, -/-)c. S7'/ J �' RESOLUTION SUPPORTING THE APPROVAL OF THE CRYSTAL, GOLDEN VALLEY, NEW HOPE FEDERAL AID URBAN (F.A.U.) PROJECT SUBMITTED FOR A STREET • RECONSTRUCTION PROJECT FOR 1986 THROUGH 1988 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, Bakken, Johnson, Stockman and Thompson, 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 *Fill for Brookview MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the payment of $1.25 per cubic yard for hauling fill to the Brookview site as proposed by Turner Excavating. Approval of Right -of -Way Acquisition for Laurel Avenue Lowell Odland introduced the agenda item. MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the condemnation settlement of $55,500 with MN&S Railroad. • I Regular Meeting of the City Council April 18, 1984 *Quotes - Printing of Summer Brochure • MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the printing of the 16 page summer brochure from the lowest responsible bidder, Nystrom Publishing for $2,163.00. The quotes were as follows: 12 page 16 page Nystrom Publishing $1,750.00 $2,163.00 Twin City Litho 1,835.00 2,283.00 PMS/ASI 1,874.00 2,365.00 Post Publishing 2,009.00 2,556.00 Orion Printing 2,370.89 2,636.54 Sand Graphics 2,185.00 2,697.00 *Quotes - Police Radar Units MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the purchase of two radar units from the lowest responsible bidder, Kustom Quality Electronics for $3,990.00. The quotes were as follows: Per Unit Total Kustom Quality Electronics $1,995.00 $3,990.00 Don Streicher Guns 2,179.00 4,358.00 *Bids - Tree Removal MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize • the removal of diseased elm trees in 1984 from the lowest responsible bidder, Arp's Tree Service in Section A for $6,536.00; reject the bids in Section B because of irregularities and clarify and readvertise for new bids. The bids were as follows: Arp' s Tree Service Forest Valley Tree Midwest Stump Removal Northwest Tree Care Purchase of Computer System Section A Section B $6,536.00 $38,879.00 8,340.00 36,104.00 6,820.00 39,505.00 no bid 38,916.00 Lowell Odland introduced the agenda item. MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the following actions to implement the recommendations of the Data Processing Study: 1. Increase the Capital Outlay budget in Program 105 - Data Processing by $105,400. 2. Authorize transfer of the balance in the Police Special Fund ($12,400) to the General Fund as part payment of Public Safety's share of the cost of the system. 3. Authorize transfer of $93,000 from the Motor Vehicle Office Fund to the General Fund 4. Authorize LOGIS, with which we have a Joint Powers Agreement to act in our behalf to secure the necessary equipment for the system. Regular Meeting of the City Council Announcements of Meetings April 18, 1984 Council Members Stockman and Thompson will meet on April 19, 1984 at 12:00 PM regarding City business. Mayor Anderson updated the Council on the Historical Society Meeting she attended regarding the Golden Valley Cenntennial. Approval of City Manager Contract MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize the Mayor and City Clerk to sign the contract with the new City Manager, William Joy nes. Community Service Awards Mayor Anderson reviewed the background and presented awards for community service to: Clark Kirk on behalf of the VFW Post 7051, and Ben Fi terman of Liberty Carton Company. Council Member Stockman reviewed the background and presented a community service award to Jim Lupi ent of Lupi ent Oldsmobile. Each of the recipients thanked the Council for their award. Dean Mooney, Deputy Director also expressed appreciation on behalf of the Public Safety Department for the donations received. BZA Vacancies Mayor Anderson updated the Council on the vacancies and possible candidates for the Board of Zoning Appeals. Chamber of Commerce Foundation Board Appointment MOVED by Thompson, seconded by Bakken and motion carried unanimously to appoint Omar Schmidt as Golden Valley's representative to the Twin West Chamber of Commerce Foundation Board. Mandated and Discretionary Services Provided by Hennepin County Council Member Thompson distributed a copy of a Mandated and Non -Mandated Services Report of Hennepin County for the Council's Information. Adjournment MOVED by Stockman, seconded by Thompson and motion carried unanimously to adjourn the meeting at 9:10 PM. Mary-E.6O,derson, Mayor ATTEST: • J d Nal y,Deputy gity Clerk