11-06-96 CC minutesRegular Meeting
of the
City Council
November 6, 1996
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 November 6, 1996 at 6:30 p.m.
The following members were present: Anderson, Johnson, LeSuer, Micks and Russell (left
8:05 p.m.). Also present were: William Joynes, City Manager; Fred Salsbury, Director of
Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary.
Citizen Input
Mayor Anderson introduced the agenda item and opened the meeting for public input.
Thomas Smith, 6960 Madison Avenue West, property owner of an industrial condominium,
stated they are experiencing an extreme watershed and ponding problems. The retaining
wall is deteriorating due to the excess water runoff. Their parking lot has been patched a
number of times but because of the water coming in from 3 sides there is so much water
that it sits, ice builds up, and floods the condo. He requested a temporary solution to have
the water exit from the property or a permanent solution would be to install a bigger storm
sewer.
Sam Rubenstein, 605 Laurel Avenue, owns 2 units in the building at 6960 Madison Avenue
West, and conducts a business there and supports the previous speaker.
Dale Hoshal, 6960 Madison Avenue West, stated in 1993 he asked the City to review the
situation on the block, the City informed him that they were aware of the problem and
would take it under advisement. He stated the problem still continues today and
contractors refuse to work on paving the parking lot as it just erupts in the spring and asked
the Council help alleviate the situation.
Mayor Anderson stated she was made aware of the problem, the staff has been working
with the applicant and there are policy implications that should be thought through and
brought back to the Council for their review. The Council referred the item to staff for
review and will report back to the Council so they can make the appropriate policy
decisions. Staff will inform the applicant when the item is on the Council agenda for
discussion.
*Letter from Sally Johnson Regarding Resignation from Human Rights Commission
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Sally Johnson, dated October 10, 1996, regarding resignation from the
Human Rights Commission and request the Mayor send her a letter in appreciation for her
service to the community.
Regular Meeting of the City Council
November 6, 1996
Page 2
*Letter from Judith Curtiss, Regarding Ordinance #152
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Judith Curtiss, received November 6, 1996 regarding Ordinance #152.
*Letter from Minnesota Attorney General HumphreyIII I Regarding Ordinance #151
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Minnesota Attorney General Humphrey III, dated November 1, 1996
regarding Ordinance #151.
*Letter from Joseph Finley. Leonard Street and Deinard. Regarding Extinguishment of
Access from Golden Valley Drive to Wisconsin Avenue North
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Joseph Finley, from Leonard, Street and Deinard, dated November 6,
1996 regarding the extinguishment of access from Golden Valley Drive to Wisconsin
Avenue North and consider it during discussion of agenda item entitled Authorization to
Sign Agreement with MnDOT.
*Letter from Pat Prigge Regarding Ordinance #152
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Pat Prigge, dated October 22, 1996 regarding Ordinance #152.
*Letter from Caleb Ashling Regarding Development at Laurel Street Ponds
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the letter from Caleb Ashling, received October 26, 1996 regarding development at
Laurel Street Ponds.
Approval of Minutes: City Council Meeting - October 1 1996: Council/Manager Meeting -
October 8 1996; Special Council/Manager Meeting - October 15 1996
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
City Council meeting minutes of October 1, 1996 as submitted.
MOVED by Russell, seconded by Johnson and motion carried unanimously to approve the
Council/Manager meeting minutes of October 8, 1996 as submitted.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
Special Council/Manager meeting minutes of October 15, 1996 as submitted.
Regular Meeting of the City Council
November 6, 1996
Page 3
MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the
agenda of November 6, 1996 as amended: Addition of Letters and/or Petitions - Letter
from Judith Curtiss, Regarding Ordinance #152; Letter from Minnesota Attorney General
Humphrey III Regarding Ordinance #151; Letter from Joseph Finley, Leonard, Street, and
Deinard, Regarding Extinguishment of Access from Golden Valley Drive to Wisconsin
Avenue North, Letter from Pat Prigge Regarding Ordinance #152; and Letter from Caleb
Ashling Regarding Development at Laurel Street Ponds; and Addition of Mayor and
Council Item - Noble Avenue.
Approval of Consent Agenda
MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk, as amended: Addition of Letters
and/or Petitions - Letter from Judith Curtiss, Regarding Ordinance #152; Letter from
Minnesota Attorney General Humphrey III Regarding Ordinance #151; Letter from Joseph
Finley, Leonard, Street, Deinard, Regarding Extinguishment of Access from Golden Valley
Drive to Wisconsin Avenue North, Letter from Pat Prigge Regarding Ordinance #152; and
Letter from Caleb Ashling Regarding Development at Laurel Street Ponds, and Removal
of Mayor and Council Item - Proclamation for Jim Foster Day.
Mayor Anderson read the items listed on the consent agenda.
*Approval of Check Register
MOVED by LeSuer, seconded by Russell and motion carried unanimously to authorize
payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by LeSuer, seconded by Russell and motion carried unanimously to authorize the
issuance of general business licenses #16300 - #16306 and #6855 - #6858.
Regular Meeting of the City Council
November 6, 1996
Page 4
*Minutes of Boards and Commissions
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the minutes received as follows:
Bassett Creek Water Management Commission - September 19, 1996
Building Board of Review - October 7, 1996
Human Rights Commission - September 12, 1996
Open Space and Recreation Commission - September 30, 1996
Planning Commission - September 30, 1996
Board of Zoning Appeals - September 24, 1996 and October 22, 1996
Public Hearing - Minor Subdivision - 1307 June Avenue South
Mark Grimes, Director of Planning and Development, reviewed the request and answered
questions from the Council. Allen Barnard answered questions regarding adding
covenants on the property and the process the Council would consider if amendments
were made.
Warren Kapsner, Planning Commission representative, presented the Commission report.
Winston Peterson, representing the applicant, answered questions about the minor
subdivision and requested the Council not put any conditions on the sale of the lot.
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 Russell and motion carried unanimously to approve the
minor subdivision for 1307 June Avenue North, with the following conditions:
1. The variance for the lot width on Parcel A be accepted. The staff and Planning
Commission believe that a variance is justified due to the special circumstances
affecting the lot which include the steep slopes and the previous taking for T.H. 12
which narrowed the lot. The variance for the subdivision should also include the
stipulation that no setback variances would be considered for future construction
on Parcel A.
2. Prior to approval of the final plat, the City Engineer shall make a final determination
on the need for any additional easements.
Regular Meeting of the City Council
November 6, 1996
Page 5
Public Hearing - Minor Subdivision - 1307 June Avenue South - Continued
MOVED by LeSuer, seconded by Micks and motion failed to change the condition to create
a covenant as opposed to the stipulation that no setback variances would be considered
for future construction on Parcel A. Mayor Anderson, and Council Member Johnson and
Russell voted no. Council Member Micks and LeSuer voted yes.
Public Hearing - Second Consideration - Ordinance #151 - Regarding Tobacco Sales to
Minors
The following ordinance was MOVED by Johnson, seconded by Russell:
ORDINANCE #151, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Respecting Tobacco Sales to Minors
William Joynes introduced the agenda item. Dean Mooney, Director of Public Safety,
reviewed the ordinance and Allen Barnard 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.
Cheryl Golden, 6120 Colorado Circle, asked if there is a list of the vendors who did not
comply and asked if that list can be made public knowledge so that parents are made
aware of the situation.
Tom Tollefson, Super America, Bloomington, wants to relay how important it is for them to
hire 16-17 year olds for employment and be able to sell tobacco products.
Nas Hussain, 5221 Woodstock Avenue, asked questions about the civil penalties and
potential lawsuit from the manufacturers, and feels a stronger ordinance protects the City
from lawsuits.
Irene Serr, 500 Turnpike Road, wanted to commend the Council for protecting the young
people of the City.
The Mayor closed the public hearing.
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve
Ordinance #151, 2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES
Regular Meeting of the City Council
November 6, 1996
Page 6
Public Hearing - First Consideration - Ordinance #152 - Regarding Removal of Litter
Refuse and Yard Waste from Private Property b the he City
The following ordinance was MOVED by Russell, seconded by Johnson:
ORDINANCE #152, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Regarding Removal of Litter, Refuse, and
Yard Waste from Private Property by the City
William Joynes introduced the agenda item. Dean Mooney, Director of Public Safety,
reviewed the ordinance and Allen Barnard 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.
Joan Halgren, 6929 Glenwood Avenue, approves of the ordinance amendment,
expressed concern about loss of property values if there are problem areas in the
neighborhood, asked questions about how refuse and litter is described, does it include
old appliances, automobiles, boats, snowmobiles, recreational vehicles, junk cars, etc.
and if it doesn't when will they be considered.
Pat Prigge, 505 Janalyn Circle, thanked the Council for considering the amendments and
feels the abatement with assessment system works well, feels this will give staff a tool to
deal with these issues, asked questions about enforcement, asked questions about the
meaning of some terms, and hopes this ordinance will be enforced by the part-time
employee to be hired in 1997.
Gail Nemanic, 6050 Manchester Drive, supports the new ordinance and asked questions
about the terminology.
Don Holzer, 6035 Wynwood Road, feels something should be done, stated he has had
problems with his neighbor and feels this will help.
The Mayor closed the public hearing.
MOVED by Russell, seconded by Micks and motion carried unanimously to approve
Ordinance #152, 2nd Series, as amended: add refuse to Section C, City Removal. Upon
a roll call vote, the vote was as follows:
ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES
Regular Meeting of the City Council
November 6, 1996
Page 7
*Receipt of September 1996 General Fund Budget Report
MOVED by LeSuer, seconded by Russell and motion carried unanimously to receive and
file the September, 1996 general fund budget report.
*Call for Informal Public Hearing - Ordinance Amendment----- Multifamily Recycling -
11 /19/96
MOVED by LeSuer, seconded by Russell and motion carried unanimously to call for an
informal public hearing regarding multifamily recycling for November 19, 1996.
*97 SI 19 - Major Avenue North, 27th Avenue North to Culver Road - Call for Feasibility
Study
Member LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 96-97
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
97 SI 19
MAJOR AVENUE NORTH
27TH AVENUE NORTH AND CULVER ROAD
The motion for the adoption of the foregoing resolution was seconded by Member Russell
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, LeSuer, Micks, and Russell, 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.
*Authorization to Continue Professional Services with Barr Engineering for Schag_er
Recreation Facility
MOVED by LeSuer, seconded by Russell and motion carried unanimously to authorize
Barr Engineering to proceed with the permitting and public comment tasks related to the
preliminary conceptual plan for the Schaper Recreational Area at an estimated cost of
$24,985.
*Authorization to Sign Contract with North Suburban Towing Inc for Towing Services
MOVED by LeSuer, seconded by Russell and motion carried unanimously to authorize the
Mayor and City Manager to sign the Car Impounding Contract with North Suburban Towing
Inc. for towing services until November 15, 1999.
Regular Meeting of the City Council
November 6, 1996
Page 8
*Approval of Variance of Street Excavation Moratorium for 808 Westwood Drive South
MOVED by LeSuer, seconded by Russell and motion carried unanimously to waive the five
year street excavation moratorium and allow the Public Works Director to issue a permit for
a curb cut at 808 Westwood Drive South.
Resolution Amending Fee Resolution - Cigarettes - Tobacco Products
William Joynes introduced the agenda item.
Member LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 96-98
RESOLUTION AMENDING FEE RESOLUTION 96-17
FOR CIGARETTES -TOBACCO PRODUCTS
The motion for the adoption of the foregoing resolution was seconded by Member Micks
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, LeSuer, and Micks, and the following voted was absent: Russell, 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.
Authorization to Sin Extinguishment of Access Agreement with MnDOT for Golden Valley
Drive at Wisconsin Avenue North
William Joynes and Allen Barnard reviewed the item and the letter received from Joseph
Finley, of Leonard, Street and Deinard, dated November 6, 1996.
MOVED by LeSuer, seconded by Johnson and motion carried to authorize the Mayor and
City Manager to execute the Extinguishment of Access Agreement with MnDOT for Golden
Valley Drive at Wisconsin Avenue North. Council Member Micks voted no. Council
Member Russell was absent.
Request by Floyd Anderson to Purchase City Lot on Sweeney Lake
William Joynes introduced the agenda .item.
MOVED by Johnson, seconded by Micks and motion carried to refer the request submitted
by Floyd Anderson to purchase the City lot on Sweeney Lake to the Open Space and
Recreation Commission for their comments. Council Member Russell was absent.
Regular Meeting of the City Council
November 6, 1996
Page 9
*Bids - Driving Range/Cart Storage Building Improvements
MOVED by LeSuer, seconded by Russell and motion carried unanimously to make the
following improvements to the driving range/cart storage building - additional storage for
carts, restroom upgrade to comply with ADA standards, flammable liquid trap in cart
storage and wash area and other miscellaneous repairs and code compliance items from
the lowest responsible bidder, Ebert Construction for $90,758.00. The bids were as
follows:
Ebert Construction Inc.
$90,758.00
Mikkelson-Wulff
96,831.00
America Liberty Construction
103,086.00
J.S. Cates Construction
129,100.00
Gladstone Construction
105,163.00
Morcon Construction
108,800.00
Nordling Construction
114,788.00
Announcements of Meetings
Mayor Anderson and Council Member Johnson stated they will attend the League of
Minnesota Cities Policy Adoption Meeting on Friday, November 22, 1996.
Mayor Anderson stated that Ed Silberman, Bassett Creek Water Management Commission
representative will be at the December 11, 1996 Council/Manager Meeting.
Mayor Anderson will send a letter to Marion Helland congratulating her for receiving the
1996 Outstanding Member of the League of Minnesota Human Rights Commission Award.
HRA Chair Johnson stated the meeting will be rescheduled to 5:30 p.m. on November 12,
1996 and the Council/Manager meeting will follow the HRA meeting.
Mayor Anderson stated the MnDOT Highway 100 Reconstruction Public Hearing is going
to be held on November 19, 1996 at Neill Elementary School which is a Council Meeting
date but there is a open house from 4:30 to 7:30 p.m.
Mayor and Council Communications
No action and/or discussion took place.
Regular Meeting of the City Council
November 6, 1996
Page 10
*Approval of City Council/Black History Month Solicitation Letter
MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve of
the letter to be used by the Black History Committee for solicitation and authorize the
Mayor to sign the letter on behalf of the Council.
Proclamation for Jim Foster Day
Council Member Johnson read the proclamation.
MOVED by Russell, seconded by Johnson and motion carried unanimously to proclaim
November 24, 1996 as Jim Foster Day in Golden Valley.
Proclamation for Jim Lupient Day
MOVED by Johnson, seconded by Micks and motion carried to proclaim November 14,
1996 as Jim Lupient Day in Golden Valley. Council Member Russell was absent.
Council Member Johnson read the proclamation.
*Registration for League of Minnesota Cities Policy Adoption Meeting
MOVED by LeSuer, seconded by Russell and motion carried unanimously to request the
Council Members notify staff if they plan on attending the League of Minnesota Cities
Policy Adoption Meeting to be held on November 22, 1996.
Citizen Participation in Watershed Management Organization Boards - Nancy Azzam
Nancy Azzam, 2300 Noble Avenue North, requested the Bassett Creek Water
Management Commission form a citizens advisory committee and move their meeting to a
public time and public place and requested a timeline of when they are going to accomplish
these requests.
MOVED by Micks, seconded by Johnson and motion carried unanimously to request the
Bassett Creek Water Management Commission form a Citizen Advisory Committee that
represents the cities that are involved in the Joint Powers Agreement.
Noble Avenue
Council Member Johnson requested Fred Salsbury update the Council and public on the
removal of some of the curb on Noble Avenue because the contractor had damaged some
of the curb during the reconstruction process and is replacing the damaged curb.
Regular Meeting of the City Council
November 6, 1996
Page 11
Adjournment
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adjourn the
meeting at 8:35 p.m.
ATTEST:
A. Secretary
12WII-Aerson, Mayor