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10-02-90 CC Minutes Regular Meeting of the City Council October 2, 1990 Pursuant to due call and notice thereof, a regular r�eeting of the City Council of the City of Golden Valley, Hennepin County, Plinnesota was held at 7800 Golden Valley Road in said City on October 2, 1990 at 6:30 P�1. The following members were present: Anderson, Bakken, Johnson and Thompson; and the following was absent: Stockr�an. Also present were: William Joynes, City P�anager; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes The minutes will be available at the October 16, 1990 r�eeting. Approval of Agenda P10VED by Thor�pson, seconded by Bakken and r�otion carried unanimously to approve the agenda of October 2, 1990 as amended: Addition of Communications and Petitions Petition from �Jestbrook �1anor (6200 Golden Valley Road) Regarding 6100 Golden Valley P,oad. Approval of Consent Agenda t10VED by Johnson, seconded by Thor�pson and r�otion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) , except rer�oval of Departmental Item - Approval of Application and License to Install Private Cor�r�uication Transr�ission Lines for C & L Communications Inc. *Bills and Clair�s �10VED by Johnson, seconded by Thompson and r�otion carried unanir�ously to authorize payment of the bids as submitted. *Licenses h10VED by Johnson, seconded by Thor�pson and r�otion carried unanimously to authorize the issuance of license #13448 to #13450 and #6212 to #6212. *Peddler's License - P1inneapolis Council of Car�p Fire �10VED by Johnson, secondeed by Thompson and r�otion carried unanimously to approve the pedder's license for the �1inneapolis Council of Camp Fire. *�1inutes of Board and Cor�missions P10VED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the r�inutes received as follows: B1 ack Hi story Plonth Cor�mi ttee - Septer�ber 13, 1990 Open Space and Recreation Cor�r�ission - Septer�ber 24, 1990 Ad Hoc Cor�mittee for Referendur� Process - Septer�ber 19, 1990 Regular Meeting of the City Council October 2, I990 Page 2 Public Hearing - Special Assessments Lowell Odland outlined the projects assessed in 1990. ' The Playor 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 r�ayor closed the public hearing. tlember Johnson introduced the following resolution and moved its adoption: RESOLUTIOPJ 90-62 RESOLUTION ADOPTING AP�D CONFIRMI�IG ASSESSPIENTS FOR VARIOUS PUBLIC IMPROVEMENTS The r�otion for the adoption of the foregoing resolution was seconded by �1ember Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson and Thor�pson; and the following was absent: Stockman; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the �1ayor and her signature attested by the City Clerk. P10VE0 by Thompson, seconded by Bakken and motion carried unanimously to approve the certification of the delinquent utility bills, weed eradication, Dutch Elm removal and r�iscellaneous delinquent invoices and assessment therefor. Continued Public Hearing - First Consideration - Ordinance #44 - Conditional Use Permit - 6100 Golden Valley Road Council Plember Bakken abstained on the discussion and voting of this agenda item because of a potential conflict of interest. Allen Barnard reviewed the procedure for continuing the item. Peter Beck, Proponent, requested the Council consider the item until the October 16, 1990 meeting. The �layor opened the r�eeting for public input and persons present to do so were afforded the opportunity to express their views thereon. John Richter, 5905 Golden Valley Road, opposed to proposal . Williar� E. Crowley, 6192 Golden Valley Road, opposed because of security reasons. Nancy Nord Bence, 5845 Golden Valley Road, opposed, asked questions about notifi- cation process and buffer zone between residential and business districts. Geri Neitzel , 6182 Golden Valley Road, will be at the October 16 meeting and will make her presentation at that time. PJorman Hope, 6150 Golden Valley Road, asked what the lawsuit was for. Ann Bennion, 1125 Welcor�e Circle, opposed to the proposal . Regular F1eeting of the City Counr.il October 2, 1990 Page 3 Continued Public Hearin - First Consideration - Ordinance #44 - Conditional Use Permit - 6100 olden Valley Road - Continued A1 Halloran, 5735 Golden Valley Road, opposed, feels there are too many group homes in Golden Valley. The tlayor closed the public hearing. hlark Grimes , Director of Planning and Development, infor�ed the residents that property owners within 500 feet of the proposal were sent a public hearing notice. P10VED by Johnson, seconded by Tho�pson and �otion carried unani�ously to continue the public hearing for consideration of the conditional use permit for 6100 Golden Valley Road to October 16, 1990. Informal Public Hearin - First and Second Consideration - Ordinance #45 - Adoption of A�ended t1innesota Building and t1echanica ode The following ordinance was P10VED by Thompson, seconded by Johnson: ORDINANCE #45, 2ND SERIES AN ORDINANCE AP1E�dDING THE CITY CODE (Adopting the Amended State Building Code) Allen Barnard introduced the agenda item. The Playor 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 P�ayor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSOPd - YES BAKKEN - YES JOHNSOPa - YES STOCKMAN - ABSENT THOP�PSON - YES h10VED by Johnson, seconded by Thompson and notion carried unanir�ously to suspend the rules and hold second consideration of the ordinance because the effective date of the Codes is July 14, 1990. The following ordinance was P10VED by Thompson, seconded by Bakken: ORDINANCE #45, 2MD SERIES AN ORDINANCE AMENDING THE CITY CODE (Adopting the Ar�ended State Building Code) The t9ayor 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 Playor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOH�lSON - YES STOCK�IAN - ABSENT THOP1PSON - YES Regular tteeting of the City Council October 2, 1990 Page 4 Informal Public Hearing - First Consideration - Ordinance #46 - Alcoholic Beverages Licensing and Regulations The following ordinance was P10VED by Thompson, seconded by Bakken: ORDINANCE #46, 2ND SERIES AN ORDINANCE AP1ENDING THE CITY CODE (Amendments Respecting Alcoholic Beverages Licensing and Regulation) Allen Barnard introduced the agenda item. The Playor 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 f�ayor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSON - YES BAKKEPJ - YES JOHNSON - YES STOCKt1AN - ABSENT THOMPSOP� - YES Informal Public Hearing - First Consideration - Ordinance #47 - Sanitation Requirements for Food and Beverage Establishments Allen Barnard introduced the agenda item and stated staff has requested the Council continue the public hearing to October 16, 1990. MOVED by Thompson, seconded by Bakken and �otion carried unani�ously to continue the public hearing for consideration of Ordinance #47 regarding sanitation requirements for food and beverage establishments to October 16, 1990. Petition from 4Jestbrook P1anor (6200 Golden Valley Road) Regarding 6100 Golden Valley Road �10VED by Tho�pson, seconded by Bakken and motion carried to receive and file the petition from the renters/residents at 6200 Golden Valley Road received September 28, 1990 regarding 6100 Golden Valley Road and consider it at the public hearing. Valley Days Budget Adjust�ent tJilliam Joynes introduced the agenda item. P10VED by Johnson, seconded by Thompson and �otion carried unai�ously to authorize payment of $2,630 for payment for outstanding bills for the Valley Days celebration. Regular t1eeting of the City Council October 2, 1990 Page 5 *Appointment of Election Judges for General Election �1e�ber Johnson introduced the following resolution and �oved its adoption: RESOLUTION 90-63 RESOLUTION APPROVING THE APPOINTPIENT OF ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD ON NOVEP�16ER 6, 1990 The �otion 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 and Thompson; and the following was absent: Stockman; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the �layor and her signature attested by the City Clerk. *Authorization to Sign Third Party Agreement with Greater P1inneapolis Day Care Association P10VED by Johnson, seconded by Thompson and �otion carried unanimously to authorize the Playor and City Manager to sign the Third Party Agreement with the Greater Minneapolis Day Care Association. Recommendation to Supre�e Court Advisory Co��ittee Regarding Rules of Criminal Procedure Willia� Joynes and Allen Barnard reviewed the agenda ite�. P1e�ber Johnson introduced the following resolution and �oved its adpption: RESOLUTION 90-64 RESOLUTION TO RECOP9P�END TO THE SUPREt1E COURT ADVISORY COPIMITTEE ON THE RULES OF CRIP1INAL PROCEDURE TO RESCIND THE AF1ENDf9ENTS TO P1INP�ESOTA RULES OF CRIP�INAL PROCEDURE 8.04 AND 11.07 The r�otion for the adoption of the foregoing resolution was seconded by tlember Thor�pson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson and Thor�pson; and the following was absent: Stockman; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the f1ayor and her signature attested by the City Clerk. Appointr�ent of City Building Official Plember Thompson introduced the following resolution and moved its adoption: RESOLUTION 90-65 RESOLUTION APPOINTI��G LLOYD BECKER CITY BUILDING INSPECTOR The motion for the adoption of the foregoing resolution was seconded by P1ember Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson and Thor�pson; and the following was absent: Stockman; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Playor and her signature attested by the City Clerk. Regular P1eeting of the City Council October 2, 1990 Page 6 *Call for Informal Public Hearing - Ordinance A�endment - Peddler's and Solicitor's License - 10/16/90 P10VED by Johnson, seconded by Thompson and motion carried unani�ously to call ' . for an informal public hearing to consider an ordinance amendment regarding peddler's and solicitor 's license for October 16, 1990. *Receipt of Oasis P�ental Health Program 1989-1990 Annual Report P�OVED by Johnson, seconded by Thompson and motion carried unaninously receive and file the Oasis P1ental Health Program Annual Report for 1989-1990, dated April 25, 1990. *Authorization to Si n Construction A ree�ent with Soo Line Railroad for Crossin and Laurel venue f�OVED by Johnson, seconded by Tho�pson and motion carried unanimously to authorize the �layor and City Planager to sign the construction agreement with the Soo Line Railroad for the crossing at Laurel Avenue. *Call for Public Hearing - Ordinance Amendment - Day Care Facilities - 11/13/90 MOVED by Johnson, seconded by Thompson and �otion carried unani�ously to call a public hearing to consider an ordinance a�endment regarding day care facilities for Nove�ber 13, 1990. Approval of Application and License to Install Private Co�munication Transmission Lines for C & L Co�munications Inc. Allen Barnard introduced the agenda item. Plember Johnson introduced the following resolution and moved its adoption: RESOLUTION 90-66 RESOLUTIOP! GRANTING LICENSE TO INSTALL PRIVATE COP4P�1UNICATION TRANSMISSION LINE FOR C & L COMr1UNICATIONS, INC. (7100 MEDICINE LAKE ROAD TO 2335 NEVADA AVENUE) The motion for the adoption of the foregoing resolution was seconded by tlember Thor�pson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson and Thompson; and the following was absent: Stockman, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Playor and her signature attested by the City Clerk. Bids - Cold Storage Building P10VED by Thompson, seconded by Bakken and r�otion carried unanimously to award the bid for the cold storage buidling to the lowest responsible bidder, Ebert, Inc. for $132,930.00. The bids were as follows: Ebert, Inc. $132,930.00 Pletcon Construction 146,500.00 rlosier Construction 204,400.00 David Volman Construction 213,600.00 Regular h1eeting of the City Council October 2, 1990 Page 7 Bids - Cold Storage Building - Continued �10VED by Johnson, seconded by Tho�pson and �otion carried unanimously to award the bid for fire protection of the cold storage building to the lowest responsible bidder, Independent Fire Protection for $13,300.00. The bids were as follows: Independent Fire Protection $13,300.00 National Auto Sprinkler 15,495.00 Carlson Auto. Fire Protection 15,600.00 Auto�atic Sprinkler Corp. 18,245.00 Midwest Fire Protection 20,658.00 NewPlech Companies, Inc. 21,500.00 *Quotes - Driving Ranqe Pole Re�oval and Replacement P10VED by Johnson, seconded by Tho�pson and �otion carried unanimously to authorize the removal of driving range poles on the south side of the range and replacement of two poles on the north side from the lowest responsible bidder, D & H Peterson & Sons for $2,000. The quotes were as follovrs: D & H Peterson & Sons $2,000.00 Electric Servaice 4,432.00 Announce�ents of Meetings No action taken. Mayor's Com�unications Mayor Anderson stated she received an announce�ent that Breck School will be holding an International Art Exhibit. Receipt of Open Space and Recreation Co��ission Reco��endation for Outdoor Pool Task Force Playor Anderson introduced the agenda item. Marti Plicks and George Plurad were at the meeting to review the reco��endations the Ad Hoc Committee. MOVED by Bakken, seconded by Tho�pson and motion carried unanimously to authorize the formation of an Outdoor Pool Task Force consisting of twelve me�bers as outlined in the minutes of the Ad Hoc Com�ittee for Referendum Process, dated September 19, 1990. �tOVED by Johnson, seconded by Tho�pson and �otion carried unanimously to adopt the Ti�eline for Action as outlined in the Committee minutes referenced above amending the first line to the end of October. The openings will be publicized in the PostNews and the newsletter, if deadlines permit, any interested people will be asked to fill out a co��ittee application and be intereviewed by the Council . The interviews could possibly be set at the October 16, 1990 Council �eeting. Regular Meeting of the City Council October 2, 1990 Page 8 Housing Task Force Update Council P�ember Thompson stated the Task Force has been collecting data and is pulling the pieces together for their report. Valley Plaza Shopping Center - Phil Krelitz Phil Krelitz appeared before the Council and stated he is interested in keeping and developing his property and requested the City either proceed with the development as proposed or allow him to develop the property. The Council stated they would pass this infor�ation on to the Housing and Redevleopment Authority for their consideration. Adjournment P10VED by Thompson, seconded by Johnson and �otion carried unanimously to adjourn the meeti ng at 8:32 P�1. 1� �t�'�'y.; � � � P1ary E. An rson, Playor ATTEST: •� � 6, .�_.�-�`+L�t.��.� `` ��, �,:� Ju 'fJally Administ tive Secretary � '`,r