02-04-80 City Council MinutesRegular Meeting
Of The
City Council
February 4, 1980
Pursuant to due call and notice therof, a regualr 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 4, 1980 at 6:50 P.M.
The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen.
Also present were: City Manager, Jeff Sweet, Attorney, Allen Barnard, Engineer, Lowell
Odland and Secretary, Terri Schoetke.
Minutes - Janury 21, 1980
MOVED by Stockman, seconded by Johnson and carried to approve the minuted of January
21, 1980 as amended:
Page, 22, Approval of Minutes of Boards/Commissions: Under Board of
Zoning Appeals, change December to Janaury 8, 1980.
Bills and Claims
MOVED by Johnson, seconded by Mitchell and carried to pay the bills as submitted.
Licenses
MOVED by Anderson, seconded by Stockman and carried to approve the solicitor's
license for White Way Cleaners.(#6122)
Hearing on American Legion Liquor Ordinance Violation
Mayor Thorsen opened the hearing and called on the Attorney who stated the Council's
i1ole in the hearing proceeding.
The Director of Public Safety presented the report of the reporting officers.
Gary Kroger, Manager at the time of violation - presented his side of the case.
Dick Larson, officer of the American Legion - present to speak in Kroger's defense.
Jerry Larson, bar tender on duty with Kroger at the time of violation -present to
speak in Kroger's defense.
Mayor Thorsen cloded the hearing.
MOVED by Johnson, seconded by Anderson and carried to find the American Legion Club
to be unwillful violation of Section 300:55 of the Golden Valley Ordinace
(allowing patrons to remain in the bar after 1:30 A.M.), suspending their liquor
license for a period of five (5) consecutive days, beginning on Monday, February 11,
1980 through Friday, February 15, 1980.
The Mayor called for a three minute recess.
Regular Meeting of the City Council - February 4, 1980
Minutes of Boards/Commissions
MOVED by Johnson, seconded by Mitchell and carried to receive and file the minuted of
Boards and Commissions, listed on the agenda as items lE - 1H:
1E: Safety Council - September 24 and November 26, 1979
1F: Planning Commission - January 14 & 28, 1980
1G: Board of Zoning Appeals - January 8, 1980
1H: Building Board of Review - January 15, 1980
Public Item - Public Safety Awards
Dave Thompson presented John Rudolf with a plaque for Firefighter of the Year Award.
Jim Zelinsky presented Dennis Smith with a plaque for Police Officer of the Year
Award.
Jim Zelinsky presented Bob Hernz with a plaque for the Blue Max Award.
The Mayor called for a three minute recess.
AAA Pedestrian Safety Award
Roger Jolicuer, AAA Representative - Presented the Mayor with the AAA Pedestrian
Safety
Award.
Request for Buildiing Permit in T.H. 12 Moratorium Area
Herb Polchek, Planning Commission - presented the commission's recommendations.
Ed Turnquist - Proponent
Dave Anderson - Architect - present to answer questions
MOVED by Anderson, seconed by Johnson and carried to approve the request for
proceeding to acquire a building permit in the T.H. 12 Moratorium area, based
on the following determinations by the Planning Commission:
1) furthur detailed study of this development proposal is unnecessary
to determine the appropriate location for such a proposed use;
2) it does not appear likely that the proposed land use at this
particular location within the T.H. 12 area will be prohibited
by provisions of any proposed zoning ordinance or amended Com-
prehensive Plan for the T.H. 12 area; and
3) while the proposed land use will require the development of a new
service road, provision of the necessary right-of-way will of
adversely affect the upgrading of T.H. 12 nor will the provision
of utilities to the site adversely affect the upgrading of T.H. 12
Public Hearing (continued) - Vacation of Street - Lakeview Court
Mayor Thorsen opened the meeting for public input and those present to do so
were afforded the opportunity to express their views thereon.
Regular Meeting of the City Council - February 4, 1980
Vacation of Street - Lakeview Court (continued)
Mary Wienzierl, Burnet Realty - requested the minutes show that she requested two
certified copies of the resolutions approving vacation of street and approval of
final plat.
Mayor Thorsen closed the public hearing.
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
VACATION OF STREET, DRAINAGE AND UTILITY
EASEMENTS IN LAKEVIEW TERRACE
The motion for the adoption of the foregoing resolution was seconded by Member
Johnson and upon vote being taken thereon, the following members 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 Clerk. See Resolution
Book Page
Final Plat Approval - Lakeview Terrace Replat
See public hearing procedures as indicated above, for Vacation of Street - Lakeview
Terrace.
Member Johnson, introduced and read the written resolution and moved its adoption:
RESOLUTION
ACCEPTANCE OF PLAT - LAKEVIEW TERRACE REPLAT
The motion for the adoption of the foregoing resolution was duly seconded by Member
Mitchell and upon vote being taken thereon, the following members 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 Clerk. See Resolution
Book Page
Final Plan Approval - Midtown - PUD #24
Member Stockman introduced and read the written resolution and moved its adoption:
RESOLUTION
ACCEPTANCE OF PLAT AND APPROVAL OF PLAN -
"PLAT OF MIDTOWN"
PLANNED UNIT DEVELOPMENT NUMBER 24
The motion for the adoption of the foregoing resolution was duly seconded by Member
Mitchell and upon roll call vote being taken thereon, the vote was as follows:
ANDERSON - YES JOHNSON - NO MITCHELL - YES STOCKMAN - YES THORSEN - YES
Whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the Clerk. See Resolution Book Page
s�.
Regular Meeting of the City Council - February 4, 1980
PUD #24 - Midtown (continued)
MOVED by Anderson, seconded by Johnson and carried to adopt the following
language relative to approving the general plan for PUD #24 - Midtown:
"Whereas, the applicant has requested a delay in the proceedings
in order to comply with various requests made by the city staff,
planning commission and council; and
"Whereas, said time requests do not exceed the total amount of time
provided under Section 15.04 (11) (B) of the Golden Valley Zoning Code;
"Now therefore, the city council recognizes that said delay in the
proceedings has been requested by the applicant and notes for the
record that the consideration of this matter at this hearing is
within the time constraints provided by Section 15.04(11) (B) of
the Golden Valley Zoning Code."
Call Public Hearing - Rezoning - 1370 Douglas Drive
MOVED by Johnson, seconded by Mitchell and carried to call a public hearing on
the rezoning of 1370 Douglas Drive from M-1 to M-2 for March 3, 1980.
Call Public Hearing - Rezoning - 8401 Medicine Lake Road
MOVED by Mitchell, seconded by Johnson and carried to call a public hearing for
the rezoning of 8401 Medicine Lake Road from Residential to Institutional for
March 17, 1980.
Waiver of Platting Ordinance - 3232 Scott Avenue North
Councilmember Anderson removed herself from discussion and voting because of
possible conflict of interest.
MOVED by Johnson, seconded by Stockman and carried to approve the waiver of
platting ordinance for 3232 Scott Avenue North as described below:
West one hundred forty-four (144) feet of the East three hundred
fifteen (315) feet of that part of the East one-half (E 1/2) of lot
Thirteen (13), Yale Garden Homes, Hennepin County, Minnesota, lying
North of the Southerly Twenty-four (24) feet thereof and South of
the North One -Fourth (N 1/4) of said lot Thirteen (13).
Bid Award - Front End Loader
MOVED by Stockman,, seconded by Mitchell and carried to award the bid for front
end loader to Case Power and Equipment in the amount of $79,232.00, purchase
with guaranteed maintenance.
1
Regular Meeting of the City Council - February 4, 1980
Phil Braum, MTC - RE Light Rail Transit
Phil Braum, MTC - Gave a slide presentation on light rail transit system in various
parts of the United States, Canada and Europe and answered various questions asked
by the Council.
State Representative Sally Olsen - Informed the Council of various meetings, upcoming'
bills and information relating to light rail transit.
No action taken by the Council.
Letter From Charles Ostrow Re Closing of Olson School
Bill Berquist, 1920 Winnetka, President of Olson PTA - Expressed concern about the
closing of Olson School and asked for Council's support. The Council informed Mr.
Berquist they will not appear before the School Board in an official capacity, but
would take an active role in upcoming discussions of future use of Olson School.
Charles Ostrow - Present to express his concern relative to closing of Olson School.
MOVED by Mitchill, seconded by Johnson and carried to receive and file the letter
from Charles Ostrow.
Petition - Public Improvements, 211 Meadow Lane, George Keister
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
ORDER PREPARATION OF REPORT ON IMPROVEMENT
The motion for the adoption of the foregoing resolution was duly seconded by Member
Johnson and upon 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 Clerk. See Resolution Book Page
Bid Award - Front End Loader
(continued)
BASE
PURCHASE WITH
5 YEAR
BIDDER
PURCHASE
GUARANTEED MAINT.
RENTAL
Long Lake Ford
74,819
83,819
146,200
Minnesota Tractor & Equip.
79,840
84,697
111,935
Borchert Ingersoll
85,585
90,085
115,625
Road Machinery & Supply
83,841
88,841
58,200
Ziegler Co.
No Bid
No Bid
73,234
Midway Tractor
71,528
No Bid
No Bid
Case Power Equipment
72,732
79,232
98,379.25
International Harvester
83,527
87,727
81,900
Phil Braum, MTC - RE Light Rail Transit
Phil Braum, MTC - Gave a slide presentation on light rail transit system in various
parts of the United States, Canada and Europe and answered various questions asked
by the Council.
State Representative Sally Olsen - Informed the Council of various meetings, upcoming'
bills and information relating to light rail transit.
No action taken by the Council.
Letter From Charles Ostrow Re Closing of Olson School
Bill Berquist, 1920 Winnetka, President of Olson PTA - Expressed concern about the
closing of Olson School and asked for Council's support. The Council informed Mr.
Berquist they will not appear before the School Board in an official capacity, but
would take an active role in upcoming discussions of future use of Olson School.
Charles Ostrow - Present to express his concern relative to closing of Olson School.
MOVED by Mitchill, seconded by Johnson and carried to receive and file the letter
from Charles Ostrow.
Petition - Public Improvements, 211 Meadow Lane, George Keister
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
ORDER PREPARATION OF REPORT ON IMPROVEMENT
The motion for the adoption of the foregoing resolution was duly seconded by Member
Johnson and upon 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 Clerk. See Resolution Book Page
Regular Meeting of the City Council - February 4, 1980
Call Public Hearing - Vale Crest Road (RSL 102) - 3/3/80
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION
PROVIDING FOR PUBLIC HEARING ON
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 102
The motion for the adoption of the foregoing resolution was duly seconded by Member
Mitchell and upon vote being taken thereon, the following members 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 Clerk. See Resolution
Book Page
Call Public Hearing - Bonnie Lane (RSL 103) - 3/3/80
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION
PROVIDING FOR PUBLIC HEARING ON
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 103
The motion for the adoption of the foregoing resolution was duly seconded by Member
Mitchell and upon vote being taken thereon, the following members 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 Clerk. See Resolution Book Page
Call Public Hearing - Midtown - PUD #24 (80 WM 1) - 3/3/80
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
PROVIDING FOR PUBLIC HEARING ON
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
80 WM 1
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, 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 Clerk. See Resolution
Book Page
1
i "• 't
Regular Meeting of the City Council - February 4, 1980
Call Public Hearing - Midtown PUD #24 (80 LF 1) - 3/3/80
Member Mitchell introduced and read the written resolution and moved its adoption:
RESOLUTION
PROVIDING FOR PUBLIC HEARING ON
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
80 LF 1
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, 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 Clerk. See Resolution
Book Page
Resolution - Right -Of -Way Acquisition - Florida Avenue (South)
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION
OF CERTAIN PROPERTY FOR FLORIDA AVENUE SOUTH
FRONTAGE ROAD DETACHMENT FOR RIGHT-OF-WAY, STREET,
ROAD AND UTILITY PURPOSES AS A PART OF FLORIDA AVENUE
Resolution - Right -of -Way Acquisition - Florida Avenue (West)
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION
AUTHORIZING THE ACQUISITION BY PURCHASE OF CONDEMNATION
OF CERTAIN PROPERTY FOR FLORIDA AVENUE WEST
FRONTAGE ROAD DETACHMENT FOR RIGHT-OF-WAY, STREET,
ROAD AND UTILITY PURPOSES AS A PART OF FLORIDA AVENUE
The motion for the adoption of the foregoing resolution was duly seconded by Member
Anderson and upon vote being taken thereon, the following members 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, her signature attested by the Clerk. See Resolution
Book Page
LJ
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,
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, her
signature attested by the Clerk. See Resolution
Book Page
Resolution - Right -of -Way Acquisition - Florida Avenue (West)
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION
AUTHORIZING THE ACQUISITION BY PURCHASE OF CONDEMNATION
OF CERTAIN PROPERTY FOR FLORIDA AVENUE WEST
FRONTAGE ROAD DETACHMENT FOR RIGHT-OF-WAY, STREET,
ROAD AND UTILITY PURPOSES AS A PART OF FLORIDA AVENUE
The motion for the adoption of the foregoing resolution was duly seconded by Member
Anderson and upon vote being taken thereon, the following members 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, her signature attested by the Clerk. See Resolution
Book Page
LJ
Regular Meeting of The City Council - February 4, 1980
Police Car Washing Contract
MOVED by Johnson, seconded by Mitchell and carried to approve the contract with
Octopus Car Wash in the amount of $1,512.50 for the year 1980.
Bid Award - Trucks
MOVED by Stockman, seconded by Anderson and carried to award the bid for a one -ton
van for the Utility Division to Rosedale Chevrolet in the amount of $13,270.00, as
low qualified bidder.
MOVED by Anderson, seconded by Stockman and carried to award the bid for Utility
Vehicle for the Police Division, to Rosedale Chevrolet in the amount of $7,030.00,
as low bid.
MOVED By Mitchell, seconded by Johnson and carried to award the bid for two one -ton
vans for Park Maintenance, to Suburban Chevrolet in the amount of $13,546.00, as
low bid.
Bids received as follows:
BIDDER
1 TON VAN
UTILITY VEHICLE
2-1TON TRUCKS
Minneapolis GMC Trucks
13,884.74
7,393.00
15,146.80
Rosedale Chevrolet
13,270.00
7,030.00
14,060.00
Boyer Ford Trucks
10,000.00*
NO BID
NO BID
Suburban Chevrolet
13,877.00
7,176.00
13,546.00 ,
*1979 Model - Not as specified Re: cross weight, axle, springs, heater, tires
and engine.
Replacement of Equipment Lost in Fire of January 3, 1980
MOVED by Stockman, seconded by Anderson and carried to authorize the transfer of
$6,137.15 from the General Contingency fund to the Fire Division to cover the re-
placement of equipment lost in the January 3, 1980 fire at the Minneapolis Clinic
of Psychiatry and Neurology, by Golden Valley and New Hope.
Authorization for Hiring of Energy Audit Itern
MOVED by Johnson, seconded by Mitchell and carried to authorize the hiring of an
Energy Audit Intern and authorize the transfer of $1,600.00 from general contin-
gency to Building Division fund.
Appropriation for Telephone Changes
MOVED by Johnson, seconded by Anderson and carried to authorize the appropriation
of $1,750.00 from contingency to cover installation and monthly charges for changes
in the telephone system.
t
Regular Meeting of the City Council - February 4, 1980
Resolution - Indemnity of Defendants in Unification Church Legal Action
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
CITY DETERMINATION TO DEFEND AND INDEMNIFY
DEFENDANTS IN TROYER VS. HOOVER, ET AL
The motion for the adoption of the foregoing resolution was duly seconded by Member
Mitchell and upon vote being taken thereon, the following members voted in favor
thereof: Anderson, Johnson; Mitchell, Stockman and Thorsen, and the following voted
against the same: none, whereupon said resolution was declared passed and adopted,
signed by the Mayor, her signature attested by the Clerk. See Resolution Book
Page
Revisions to ISIS Joint Powers Agreement
MOVED by Johnson, deconded by Stockman and carried to approve the proposed amendments
to the Inter -Agency Special Investigation Squad (ISIS) Joint Powers Agreement as
follows:
1. The last "WHEREAS" on page one was revised to more clearly express the
various stautory provisions allowing the agreement.
2. Section 3 was modified to provide a quorum is necessary to conduct
Board business.
3. Section 6 is modified to provide for the reversal of any activation by
majority vote of the Executive Committee rather than by unanimous vote.
4. Section 7 dealing with disbursements has been broken down into Sections
7 and 8. 7 deals with disbursements and 8 deals with funds. New Section
7 does not depart from the main theme of old Section 7. Section 8 is an
effort to spell.out in some general terms the manner in which funds will
be handled and to provide greater flexibility as to the source of funds.
5. Sections 8 and 9 dealing with responibility indemnification, have
been revised and renumbered Section 9 and 10. New Section 9 contains
both the general language of controll and the indemnifiaction and hold
harmless language found in the earlier draft. Section 10 deals in
greater detail with the employment status of squad personnel. It also
contains a provision which would prevent double compensation for injury
or death in the event it were determined by a court that the individual
was entitled to employment compensation from the receiving agency.
Dana Young - Overpayment
MOVED by Mitchell, seconded by Johnson and carried to approve foregivness of the
repayment of $1,460 (balance from original $1,910.00) by Dana Young to City of
Golden Valley for salary overpayment originating in 1978•
Z -
Regular Meeting of the City Council - February 4, 1980
Appointment of Weed Inspector
MOVED by Stockman, seconded by Johnson and carried to appoint Mayor Thorsen as Weed
Inspector and Tom Feltl as Assistant Weed Inspector, beginning January 1, 1980.
Announcement of Meetings
2/19/80, 2:30 P.M. Councilmembers Mitchell and Stockman and representatives from the
Human Rights Commission will be meeting in the Gold Room at City Hall to discuss any
concerns, recommendations, etc. the HRC may have.
2/21/80, 3:30 P.M. Councilmembers Johnson and Mitchell will meet in the Gold Room at
City Hall to discuss Communications.
2/6/80, 9:30 A.M. Mayor Thorsen and Councilmember Anderson will meet in the Mayor's
office at City Hall to discuss Highway 12 propoed informational meetings and
scheduling, Valley Square and North Wirth Parkway.
2/15/80, 8:30 A.M. Councilmembers Anderson and Stockman will meet in the Gold Room
at City Hall to discuss overall financial philosophy of the Council.
Request for Feasibility Study - International Paper Industrial Park
Member Stockman introduced and read the written resolution and moved its adoption:
RESOLUTION
ORDER PREPARATION OF REPORT ON IMPROVEMENT
The motion for the adoption of the foregoing resolution was seconded by Member Mitchell
and upon vote being taken thereon, the following members 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 Clerk. See Resolution Book Page
Council Position Re Highway 12
MOVED by Stockman, seconded by Mitchell and carried to adopt the Council's policy
statement on T.H. 12 and request determination from Task Force as to proper channels
to take for informing the public of the policy statement.
1. Two driving lande in each direction, plus frontage roads, augmented
by the light rail transit.
2. Limited access through the provision of grade separated interchanges,
the location and design of which has been studied by task forces
appointed in 1978.
3. Immediate efforts to assure that current interstate funding deadlines
do not preclude implementation of a light rail transit component.
MOVED by Johnson, seconded by Mitchell and carried to authorize the transfer of
$1,000 from general contingency to T.H. 12 Information Fund to cover the cost of
distribution of public notices relative to the Council's policy statement on T.H .12
and any other pertinent information that could be distributed at the same time.
Regular Meeting of the City Council - February 4, 1980
League of Cities Meeting - Washington D.C. - March 16-18, 1980
MOVED by Anderson, seconded by Mitchell and carried to reschedule the March 17
Council meeting to March 13 to enable a delegation from the City of Golden Valley
to attend the NLC Congressional City Conference in Washington, D.C. March 16-18.
Adjournment
MOVED by Mitchell, seconded by Johnson and carried to adjourn at 11:05 P.M.
Rosemary Thorsen, rayor
ATTEST:
Se retary
w