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02-20-79 City Council Minutes22 Regular Meeting Of The City Council February 20, 1979 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 February 20, 1979 at 6:30 P.M. The following members were present: Anderson, Hoover, Johnson, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Attorney, Robert Skare, City Engineer, Lowell Odland and Council Secretary, Sue Ann Oman. Approval of Minutes of January 22, 1979 MOVED by Thorsen, seconded by Johnson and carried to approve the minutes of January 22, 1979 as amended: Item 2) should read as follows: 2) It was moved by Anderson seconded by Stockman to authorize the City Manager to meet with the Golden Valley School Board to discuss the report of the Senior/Community Center Task Force and to meet with potential corporate doners to determine the feasibility of financing the renovation of the Middle School and to meet with prospective tenants to consider rental of unused space in the Middle School. Motion passed unanimously. , Approval of Minutes of February 5, 1979 MOVED by Anderson, seconded by Stockman and carried to approve the minutes of February 5, 1979 as amended: Under Appointment to Saftey Council add to the end "for a three-year term". Bills and Claims MOVED by Stockman, seconded by Johnson and carried to approve the payment of the bills as submitted on the check register. Licenses - Elks Club MOVED by Stockman, seconded by Johnson and carried to approve the management agreement with William Piazza, Gerald Piazza, Richard Piazza and Vincent DeLisi contingent upon receiving satisfactory review from the Public Safety Department and satisfactory review by the Attorney of the bylaws. Minutes of HRA - Jan. 20, 1979 and Feb. 13, 1979, Minutes of Safety Council - Nov. 27, 1979 and NW. YMCA Detached Worker Program Quarterlv Resort MOVED by Anderson, seconded by Thorsen and carried to receive and file the January 20, 1979 and February 13, 1979 minutes of the HRA, the November 27, 1979 and the NW. YMCA Detached Worker Program Quarterly Program. 1 1 1 1 Regular Meeting of the City Council.- February 20,".1979 MOVED by Thorsen, seconded by Anderson and carried.to ask the Manager -to take the necessary steps to prevent future duplication of:the NW, YMCA Detached Worker Program Quarterly Report of the Council receipt of this. Bid Opening: N.E. Fire Station MOVED by Anderson, seconded by Johnson and carried.to award the bid-to.the low bidder, James Steele Construction Co., for.the.general construction,.Sun Mechanical for the mechanical work, Egan -McKay for the electrical work and Eagle Fire Prot. for the fire prot. work. James Steele Construction Co. Base Bid $208,600._*00 Add Alt. #G-4 ...3.,,-000,00 Add Alt. #9-5 1,250:00 $212,850-00 Mechanical work - Sun Mechanical .$45,955.00 Electrical work - Egan -McKay $25,480.00 Fire Prot. work - Eagle Fire Prot. - $11,286.00 Offer of Donation from Liberty Carton Don Zimmerman, Assistant Fire Chief was present to explain the need of the rescue truck. MOVED by Stockman, seconded by Johnson and carried to authorize the City Manager to communicate to Liberty Carton indicating that the City will accept its offer of donating a rescue vehicle. Councilmember Johnson raised the question of the Council's policy on accepting gifts. The Council concluded that earlier discussions concluded that gifts donated should be through the City Manager first. Industrial Revenue Bond Financing Guidelines MOVED by Anderson, seconded by Thorsen and carried to receive the memorandum from the City Manager on the tax exempt mortgage bonds and defer action on this until March 19, 1979° Nude Sunbathing Ordinance MOVED by Anderson, seconded by Johnson and carried to bring on the table for ffrst reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amendment to Disorderly Conduct Ordinance) Mayor Hoover opened the meeting for public input andpersons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. 24 Regular Meeting of the City Council - February 20, 1979 MOVED by Anderson, seconded by Stockman and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Shoplifting Ordinance MOVED by Johnson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Shoplifting) Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. MOVED by Johnson, seconded by Stockman and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Fines, Penalties, and Forfeitures MOVED by Anderson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Fines, Penalties, and Forfeitures) Mayor Hoover opened` -the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Johnson and,_ -carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES M. Regular Meeting of theCity Council - February 20, 1979 Liquor Ordinance MOVED by Stockman, seconded by Johnson and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amendments to Liquor Licensing and Control Ordinances) Mayor Hoover opened the meeting for public input and0ersons;:present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Johnson and carried to defer action on the Liquor Ordinance changes until March 5, 1979• Building Code Amendments MOVED by Thorsen, seconded by Johnson and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amendment to Building Code) Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views -thereon. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Stockman and carried to approve the ordinance herein. quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Parking Ordinance MOVED by Johnson, seconded by Thorsen and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Amendment to Traffic Code Re: Parking and Traffic Control Devices) Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. There were no persons present to express their views thereon. Mayor Hoover closed the public hearing. Regular Meeting of the City Council - February 20, 1979 MOVED by Anderson, seconded by Thorsen and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN -.YES THORSEN - YES Public Hearing - B & R Properties, Inc. - Revised General Plan Approval PUD #22 John Richter, B & R Properties and Glenn Burnett, Architect, were present to present to the Council PUD #22. Jody Sehlin, Chair of the Planning Commission, was also present to give the Planning Commission's recommendation. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Betty Johnson, 6535 Golden Valley Road, was present to express her concerns about leaving the 135, feet of green space. Mayor Hoover closed the public hearing. MOVED by Johnson, seconded by Stockman and carried to defer PUD #22 until March 19, 1979 to enable the proponent to appear before the Board of Zoning Appeals for parking requirements. Vern P & Adelqurd Fransen Re: Brookview MOVED by Anderson, seconded by Thorsen and carried to receive and file the letter dated February 7, 1979 from Vern P. & Adelgurd Fransen regarding Brookview and to discuss it further under Mayor & Council Items. Call Public Hearing - Golden Valley Estates 79 SI 10 (PH3-19-79) Member Stockman introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC INPROVEMENTS 79 SI 10 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk. See Resolution Book page 15 1 Regular Meeting of the City Council - February 20, 1979 Call Public Hearing - Golden Valley Estates 79 LF 2 (PH 3-19-79) Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN'PROPOSED PUBLIC IMPROVEMENTS 79 LF 2 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upo.n vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Stockman and Thorsen and the following voted against the same: none, whereupon said resolution wa's declared duly passed and adopted, signed by the Mayor and his signature attested -by the City Clerk. See Resolution Book page Call Public Hearing - Golden Valley.Estates 79 SS 2 (PH 3-19-79) Member Stockman introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 SS 2 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk. See Resolution Book page Call Public Hearing - Golden Valley Estates 79 WM 2 (PH 3=19-79) Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 WM 2 The motion for the adoption of the foregoing resolution was duly seconded'�by Member Thorsen and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk. See Resolution Book page 28 Regular Meeting of the City Council - February 20, 1979 W. B. Schoenbohm, Dir. Courage Center Re: Semaphore on Golden Valley Rd. MOVED by Anderson, seconded by Johnso.n and carried to receive and file the letter dated February 1, 1979 from W. B. Schoenbohm and request Staff to provide us with an update on the informational materials that had been prepared for the Council the last time this was up for Council discussion with the purpose in mind to use that to determine a response to Mr. Schoenbohm's request for the March 19, 1979 Council Meeting. Feasibility Report - Storm Sewer -; East Side of Turners Crossroad MOVED by Anderson, seconded.by Thorsen and carried to-receive.the'feasibility report on the storm sewer and request the.Manager and Engineer to meet with the proponents to discuss the alternatives. Feasibility Report - Detached Service Road of Turners Crossroad MO/ED by Thorsen, seconded by Johnson and carried to defer action on -the street improvements public hearing until we reach a determination on the storm sewer. Call Public Hearing.- 79 SS`i Kyle Place in Zimmerman Terrace (PH 3-�19�79) Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 SS 1 The motion for the adoption of the foregoingresolution was duly seconded by Member Stockman and upon vote being taken"thereon, the following members voted in favor thereof: Anderson, Hoover,'Johnson, Stockman.and=-Thorsent7and the following voted against the same: none, whereupon said resolution was declared duly.passed and adopted, signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page 3 a Call Public Hearing — Vacation of Easement -� Jeweimont Property (PH 3-19-79) MOVED by Johnson, seconded by Stockman and carried to call a public hearing on the vacation of easement for the Jewelmont Property for March 19, 1979. MOVED by Johnson, seconded by Thorsen and carried to authorize the Mayor and Manager to execute a Quite Claim Deed pending the escrow deposit. Review of Revised Housing Policy Jeff Christensen was present to answer any questions of the Council. MOVED by Thorsen, seconded by Anderson and carried to have a Council Worksession on March 17, 1979 from' 8:00 a.m. to 11:OO.a.m, in the Public Safety Building for presentation and discussion of the Housing Policy. W] Regular Meeting of the City Council - February 20, 1979 Liquor Violations - Golden Hills MOVED by Stockman, seconded by Johnson and carried that Golden Hills Liquor be closed March 5, 6, 7, 8 and 9 for violation of the liquor ordinance which the Council believed was not a willful violation. Liquor Violations - Golden V MOVED by Stockman, seconded by Thorsen and carried that Golden V Liquor be closed for 15 days commencing on February 21, 1979 through March 7, 1978. The Council believed this violation was not a willful one but issued the 15 -day penalty in response to the past -,.violations on the licensee. Commission'Reorganization MOVED by Anderson, seconded by Johnson and carried to receive the reports from the Council subcommittees :on commission reorganization and refer the proposed wording for the ordinance change to the Attorney. Liquor License Application - Golden V Thomas Anderson stated that he is willing to withdraw his liquor license and he understands that he will receive no rebate of the fee from his present liquor license. MOVED by Stockman, seconded by Thorsen and carried to grant a liquor license at the location of Golden V Liquors to Richard Baker effective March 8, 1979. Recommendation Re: Funding Proposed Flood Control Project MOVED by Johnson, seconded by Thorsen and carried to .receive and file the memorandum dated February 15, 1979 from the City Manager regarding Funding -Proposed Flood Control Project. Resolution Authorizing Sale of Tax Increment Bond MOVED by Johnson, seconded by Thorsen and carried to defer this item until March 5, 1979. Request Executive Session Re: Hoover vs Troyer et al' MOVED by Johnson, seconded by Thorsen and carried to set a Executive Session for February 27, 1979 at 3:30 to consider th eHoover vs. Troyer case. This item will be the only item discussed and a tape of the meeting will be`kept. Memo from Mary Anderson - Sen/Community Center - Brockview MOVED by Thorsen, seconded by Johnson and carried to request that the Manager bring a proposal for a survey to the Council/Manager meeting on Feb. 27, 1979• MOVED by Thorsen, seconded by Johnson and carried to request the manager to respond to the letter from Vern P.&Adelgurd Fransen regardinb BrobkView. MW Regular Meeting of the City Council - February 20, 1979 Memo from Mary Anderson - Letters to Metropolitan Council. Chair - Former and Current MOVED by Johnson, seconded by Thorsen and carried to send a letter of appreciation to John Boland for his service as Chair of -Metropolitan Council and one of congratulations to Charles Weaver on his appointment. Memo from Mary Anderson - Dover Hill Bus Service MOVED by Thorsen, seconded by Stockman and carried to receive and file the memorandum dated February 14, 1979 from Mary Anderson. Ed Silberman - Appointment to Bassett Creek Commission Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO BASSETT CREEK FLOOD CONTROL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the followingmembers voted in favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk. See Resolution Book page 3 Announcement of Special Meeting Member Thorsen announced a meeting on Thursday, February 22, 1979 at 10:00 a.m. to discuss the finance workshop information. Discussion Re: Resolution Establishing February 26 - March 2 as Model City Government Week Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK The motion for the.adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk. See Resolution Book page 3 1 1 L Regular Meeting of the City Council - February 20, 1979 Adjournment MOVED by Stockman, seconded by Anderson and carried to adjourn this meeting until February 26, 1979 at 4:00 p.m. ROBERT R. HOOVER, MAYOR ATTEST: V SECR T RY