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07-21-80 City Council MinutesRegular Meeting Of The City Council July 21, 1980 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 July 21, 1980 at 6:30 P.M. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Attorney, Robert Skare, Engineer, Lowell Odland, and Secretary, Terri Schroetke. City Manager Jeff Sweet was absent. Approval of Minutes - July 7, 1980 MOVED by Mitchell, seconded by Anderson and carried to approve the minutes of my 7, 1980 as amended: Page 123 - Quotations for City Hall Remodeling - Add the following: "Removed from Consent Agenda" Page 123 - STP Program - Add the following: "It is requested that the information and data collected be maintained for future reference" Approval of Minutes - June 30, 1980 MOVED by Anderson, seconded by Stockman and carried to approve the minutes of June 30, 1980 as submitted. *Approval of Consent Agenda MOVED by Anderson, seconded by Stockman and carried to approve the items listed on the consent agenda, indicated by an asterisk(*). *Approval of Minutes of Boards & Commissions MOVED by Anderson, seconded by Stockman and carried to receive and file the minutes of boards and commissions listed on the agenda as items 1F - 1H: 1F - Planning Commission - June 23 and July 14 1G - Board of Zoning Appeals - July 8 1H - Bassett Creek Flood Control Commission - June 19 Virginia Levy - Resignation from Planning Commission MOVED by Anderson, seconded by Stockman and carried to receive and file the letter of resignation from Virginia Levy, requesting the Mayor sent a letter of appreciation for her service to Golden Valley. *Roz Anderson, Adventure Club Re "State Sliding Fee Fund" MOVED by Anderson, seconded by Stockman and carried to receive and file the letter from Roz Anderson, expressing her appreciation for the City's making available a sliding fee funding program for families in the Adventure Club. Regular Meeting of the City Council - July 21, 1980 `Planning Commission Re MNDOT's Proposal for 1-394 MOVED by Anderson, seconded by Stockman and carried to receive and file the Planning Commission's position paper on MNDOT's proposal for 1-394• *MNDOT Re Financial Assistance for 1-394 Impact Study MOVED by Anderson, seconded by Stockman and carried to receive and file the letter from MNDOT outlining the reasons why they cannot assist Golden Valley on the funding of an impact study on local streets and traffic. *Call Public Hearing - Ornament Street Lights (RSL 111) Westbrook Addition - 8/18/80 Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 111 The motion for the adoption of the foregoing resolution was seconded by Member Stockman 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 *Call Public Hearing - Construction of Laurel Avenue (80 SI 12) - 8/18/80 Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 80 SI 12 The motion for the adoption of the foregoing resolution was 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 and her signature attested by the Clerk. See Resolution Book Page *Call Public Hearing - Florida Avenue Frontage Road- (80 SI 4) - 8/4/80 Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 80 SI 4 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Anderso 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 - July 21, 1980 `Call Public Hearing - Rezoning of 4920 Olson Memorial Highway - 8/18/80 MOVED by Anderson, seconded by Stockman and carried to call a public hearing for the proposed rezoning of 4920 Olson Memorial Highway, for August 18, 1980. *Approval of Local #49 Agreement MOVED by Anderson, seconded by Stockman and carried to authorize the Mayor and Manager to sign the supplementary agreement with Local #49. *Application for Reimbursement of Funds for Police Officer Training Board for 1980 Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION DESIGNATING APPLICANT FOR REIMBURSEMENT OF FUNDS FOR BASIC POLICE OFFICER TRAINING PURSUANT TO MINNESOTA POLICE OFFICER TRAINING BOARD REGULATIONS The motion for the adoption of the foregoing resolution was 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 and her signature attested by the Clerk. See Resolution Book Page -Quotations for Drag Line Rental MOVED by Anderson, seconded by Stockman and carried to accept the quotation from Leo J. Koppy at $70.00/hour for rental for drag line. Quotations received as follows: Leo J. Koppy $ 70.00/hour C.S. McCrossan, Inc. 72.00/hour Northdale Construction Co. $119.57/hour Bills and Claims MOVED by Johnson, seconded by Stockman and carried to pay the bills as submitted. Claim - M.W.R. Investments vs City of Golden Valley MOVED by Anderson, seconded by Mitchell and carried to receive the claim M.W.R. Investments vs City of Golden Valley and refer same to the City Attorney. Claim - Johnson vs Doeden MOVED by Anderson, seconded by Johnson and carried to receive the claim of Johnson vs Doeden and refer same to the City Attorney. MOVED by Johnson, seconded by Anderson and carried to approve defending Officer Doeden and consider indemnification at the August 4, 1980 Council Meeting, pending receipt of report from Director of Public Safety indicating Officer Doeden was acting within the scope of duty and in good faith. Licenses MOVED by Anderson, seconded by Johnson and carried to approve the licenses as listed #6510 (only one license was submitted for consideration). Regular Meeting of the City Council - July 21, 1980 Licenses (continued) MOVED by Johnson, seconded by Stockman and carried to approve the issuance of a solicitors license to B & B Davis Co. Met Council Re Light Rail Transit Study Coordinating Committee MOVED by Anderson, seconded by Johnson and carried to receive and file the letter from Met Council relative to a light rail transit feasibility study coordinating committee. MOVED by Anderson, seconded by Johnson and carried to request the Mayor and Director of Engineering serve as members on the Met Council Coordinating Committee. John Stoltzfus Re Mowing Exemption for Right -of -Way at 6050 Westbrook Road MOVED by Anderson, seconded by Stockman and carried to receive and file the letter from Mr. Stoltzfus requesting exemption from the mowing of right-of-way at 6050 Westbrook Road. MOVED by Johnson, seconded by Anderson and carried to call an informal public hearing on request for exemption of mowing at 6050 Westbrook Road on August 4, 1980, 7:30 P.M. and further, that petitioner and residents within a 200 foot radius be notified of the public hearing. MOVED by Stockman, seconded by Johnson, and carried to advise Mr. Stoltzfus that if the posts he mentions in his letter are on City property, the Council has directed the street department to remove them because of possible liability placed upon the City in the event of an injury due to the broken posts, and further, that the Director of Engineering will . advise Mr. Stoltzfus of same. Herbert Bedweel Re "Disturbance of Peace" MOVED by Anderson, seconded by Johnson and carried to refer to staff for recommendations as to what can be done under current ordinance and recommendations for dealing with Mr. Bedwell's statement as to the kind of response he receives from Public Safety Department when making complaints about the noise, notifying Mr. Bedwell of staff's recommendations by August 4, 1980. Selection of Council Representative for District #281 Community Education and Services Advisory Council MOVED by Johnson, seconded by Stockman and carried to receive and file the letter from Harvey Lange, Robbinsdale Mayor relative to selection of council representatives for District #281 community education and services council, authorizing Mayor Thorsen to make the appropriate contacts for selecting a representative. Legal Opinion Re Health Central Storage Building MOVED by Johnson, seconded by Anderson to direct staff to proceed with necessary action to have Health Central obtain a building permit, not requiring a penalty. MOVED by Johnson, seconded by Stockman to amend the motion to require Health Central to appear before the City Council. ANDERSON - NO JOHNSON - YES MITCHELL - NO STOCKMAN - YES THORSEN - NO Lack of majority vote, motion fails. Regular Meeting of the City Council - July 21, 1980 Health Central Storage Building (continued) MOVED by Johnson, seconded by Anderson and carried to direct staff to proceed with necessary action to have Health Central obtain a building permit, conveying to Health Central, the Council's feelings about the matter. Public Hearing - Second Reading - Rezoning of Public Works Disposal Site MOVED by Anderson, seconded by Johnson and carried to bring on the table for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (1-4 Industrial Zoning District City Storage and Disposal Site) Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Seeing or hearing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and carried to approve on second reading the ordinance herein quoted by title. Upon roll call vote,the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - First Reading - Rezoning of Sherrif's Radio Tower 1017 Sue Eastes, Planning Commission - Presented the Planning Commission's recommendation for approval. Earl Johnson, Hennepin County Property Management - Presented the Council with a report relative to the request for rezoning of sherrif's radio tower site. MOVED by Anderson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Establishing as an 1-4 Institutional Zoning District) (Hennepin County Radio Tower) Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Seeing or hearing no one, the Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and carried to approve on first reading the ordinance herein quoted by title. Upon roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - First Reading - Rezoning of Bury & Carlson Property James Bury, Proponent - Present to make his request for approval of rezoning Sue Eastes, Planning Commission- Presented Planning Commission's recommendation for approval. MOVED by Stockman, seconded by Mitchell and carried to bring on the table for first reading an ordinance amendment entitled: Regular Meeting of the City Council - July 21, 1980 Rezoning of Bury & Carlson (continued) AN ORDINANCE AMENDING THE ZONING CODE (Establishing as an Industrial Zoning District Bury & Carlson, Inc.) Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Seeing or hearing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Stockman and carried to approve on first reading the ordinance herein quoted by title. Upon roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES MOVED by Anderson, seconded by Mitchell and carried that it is the intent of this Council that the proponent comply with Chapter 7.07 of the Zoning Code, relative to landscaping on the north side of property, subject to approval of staff. Public Item - Waiver of T.H. #12 Moratorium - 5001 Circle Downs Roger Riley, 1403 Medor Road, Mendota Heights - Representing proponent, James Smuda, 5001 Circle Downs. MOVED by Anderson, seconded by Johnson and carried to approve the request for the proponent to proceed with acquiring a building permit in the T.H. #12 Moratorium area, based on the determination that the proposed addition will not be affected by, or affect the current proposal for upgrading T.H. #12. Open Space & Recreation Commission - Suggested Work Plan Rhoda Jaffe, Chairman of Open Space & Recreation Commission - Present to ask Council if they wished to suggest priorities. MOVED by Johnson, seconded by Stockman and carried to receive and file and approve the suggested work plan for the Open Space & Recreation Commission as proposed, to be amended as the Commission deems appropriate. It was noted that #10 of the items listed on the work plan (Community Center Construction and Br-okview Remodeling - Work on the presentation and development of aforementioned facilties) would be the priority suggested by the Council. Appointment of Olson School Committee MOVED by Stockman, seconded by Johnson and carried to appoint the following to the Olson School Committee: Mark A. Anderson, Anne C. Borgen, Stephen F. Litton, Steven A. Heller, David Arnold, Betty O'Brien, two Planning Commission members, one member from City staff and one member from District #281 staff (to be named). Housing Policy Task Force MOVED by Anderson, seconded by Mitchell and carried to direct the Planning Commission and Human Rights Commission to appoint three members each to a Housing Policy Task Force. This task force is to develop a recommended housing policy, emphasizing an implementation program for low moderate and modest cost housing in Golden Valley. The recommendations shall be reviewed by the full Commisssions and forwarded to the Council with any appropriate comments. The final recommendations should be forwarded to the Council in time for consideration at the first Council meeting in November (November 3). The Mayor is to communicate direction to the Commissions. Regular Meeting of the City Council - July 21, 1980 Announcement of Meetings July 23, 9:30 - 4:30 - Mayor Thorsen and Councilmember Anderson will be attending a seminar in Anoka. July 23, 4:00 - Councilmember Anderson will be meeting with neighbors of the Douglas Scattered Site area. my 29, 4:30 - Council/Manager Meeting - Gold Room -City Hall 1-394 Subcommittee Direction Councilmembers Mitchell and Stockman discussed with the other members of the Council the problems they are having in their discussions relative to 1-394 issues. It was decided they would hold a meeting with the Director of Engineering, July 24, 4:30 P.M. in the Gold Room at City Hall. City Manager's Evaluation The Council discussed the procedures they would follow in evaluating the City Manager. Adjournment MOVED by Mitchell, seconded by Johnson and carried to adjourn at 9:45 P.M. ROSEMARY THORSENN, M OR ATTEST: d—REP WETARY 1