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11-17-80 City Council Minutes193 Regular Meeting of the City Council November 17, 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 November 17, 1980 at 6:30 P.M. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet, City Attorney, Robert Skare, Engineer, Lowell Odland and Secretary, Terri Schroetke. Approval of Minutes - October 28, 1980 MOVED by Anderson, seconded by Stockman and carried to approve the minutes of the special meeting of October 28, 1980 as submitted. Approval of Minutes - November 3, 1980 MOVED by Johnson, seconded by Mitchell and carried to approve the minutes of November 3, 1980 as amended: Page 185, BZA Denial, Change the wording to read: "uphold the BZA denial for a parking waiver ." Page 188, Call Public Hearing - Q. Petroleum Rezoning, Change date from 1st to 15th. Page 187, Quotations for Heaters, Add: "MOVED by Anderson, seconded by Johnson and carried to make a budget adjustment from inappropriated re- tained earnings of the Utility Fund to account 21-4383-750-82 - Building Repa i r." Page 186, Breck School Request, delete the following from the motion: "including in the letter that the Council would like to propose a meeting between Breck School Board, the School Administrator and the City Council." It should be noted for the record, that the request from Sweeney Lake Association Re Dredging of the Lage (page 188) was referred to staff, however, it was not a part of the original motion on the consent agenda and the Council felt the motion should stand as adopted, but the action of referring it to staff should be reflected in these minutes, dated November 17, 1980. The Council discussed the procedure for handling items on the consent agenda that require further follow-up, referrals, review, etc. The Mayor indicated that she would meet with the Council Secretary prior to the council meeting and they would indicate on the appropriate agenda page what follow-up action would be necessary, if any. Any follow-up required on a consent agenda item would automatically be recorded in the minutes. -Approval of Consent Agenda MOVED by Johnson, seconded by Anderson and carried to approve the items listed on the consent agenda, indicated by an asterisk(-). Regular Meeting of the City Council - November 17, 1980 *Licenses MOVED by Johnson, seconded by Anderson and carried to approve the issuance of licenses #6550 - #6569. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Open Space & Recreation Commission, October 27, 1980, listed on the agenda as item 1F. `Adventure Club Request for Funding MOVED by Johnson, seconded by Anderson and carried to approve the request from the Adventure Club for $2,000 to help subsidize their child care program. $2,000 was set aside in the 1981 budget for this purpose. *Call Public Hearing - Overhead Street Lights (RSL 117) Olympia & Hillsboro MOVED by Johnson, seconded by Anderson and carried to call a public hearing on overhead street lights (RSL 117 - Hillsboro & Olympia) for December 15, 1980. *Resolution Re Booking Charge Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION OPPOSING HENNEPIN COUNTY BOOKING CHARGE (Resolution No. 80-9-719) The motion for the adoption of the foregoing resolution was 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 and her signature attested by the Clerk. See Resolution Book Page *PUD #28 (Pondwood) Request for Extension of Special Use Permit Completion MOVED by Johnson, seconded by Anderson and carried to approve the request for extension of the time limit for completion of the special use permit requirements for PUD #28 - Pondwood Office Project, until March 1, 1981. *Department Head Management Training Seminar MOVED by Johnson, seconded by Anderson and carried to authorize the hiring of Greg Esch, Goals Unlimited, to conduct a motivational training seminar for City Department Heads in January, 1981. *Friday, December 26 Off in Place of Christmas MOVED by Johnson, seconded by Anderson and carried to approve Friday, December 26, 1980 to be considered as a City holiday in lieu of Wednesday, December 211, 1980. 1 Regular Meeting of the City Council - November 17, 1980 Bills and Claims Moved by Anderson, seconded by Stockman and carried to pay the bills as submitted. Claim - BLC Insurance Denial of Coverage (Re Carol McManus) MOVED by Anderson, seconded by Mitchell and carried to receive and file the letter from BLC Insurance denying coverage to the City Re Carol McManus claim against the City. Solicitors License - Boy Scout Troop #476 MOVED by Johnson, seconded by Mitchell and carried to approve the issuance of solicitors license #6963 to Boy Scout Troop #476. Open Space & Recreation Commission - Report on Community Center Meetings , Rhoda Jaffe, Chair of Open Space & Recreation Commission - Outlined for the Council the procedures used in notifying citizens of the meetings, the format for the meetings, and the outcome of some of the discussions held at the meetings, Expressed thanks to Gene Sylvestre, Human Rights Commission Consultant for his suggestions of format for the meetings and the memorandum relative to citizen reaction to community center proposal, dated November 14, 1980. Mrs.Jaffe expressed thanks to Open Space & Rec- creation Commission members Ray Petersen, Lowell Benson, Diane Asproth and Martha Micks, for attending all the meetings. Open Space & Recreation Commission - Proposed Brochure Rhoda Jaffe, Chair of Open Space & Recreation Commission - discussed the propsoed brochure with the Council. MOVED by Johnson, seconded by Mitchell and carried to authorize the printing of the brochure relative to the community center, and the mailing of same to each residence in Golden Valley. Human Rights Commission - Proposed Brochure Mona Moede, Human Rights Commission - Presented commission's request to develop and print a brochure on the Human Rights Commission including profile, history, role, goals and objectives, descrimination and complaint process, and accomplishments. The commission will have printed text to the Council for consideration of approval. Human Rights Commission - Housing Policy MOVED by Mitchell, seconded by Anderson and carried to receive and delay action pending the Planning Commission's review of the Housing Policy. Medicine Lake Lines - Request for Amendment to Agreement Rolf Nelson, representing Medicine Lake Lines presented request for amendment to agreement to allow for outside storage of vehicles. MOVED by Anderson, seconded by Johnson and carried to authorize staff to modify the Medicine Lake Lines contract section relative to vehicle storage to permit use of outside area for vehicle storage, subject to use of adequate landscaping screen, to be reviewed and approved by the Building Board of Review before returning to the Council for approval of modified contract. Regular Meeting of the City Council - November 17, 1980 Planning Commission- Olson School Reuse Committee Dr. Steven Litton, Chair of the Olson School Reuse Committee - Presented a request for the committee to remain intact. MOVED by Anderson, seconded by Johnson and carried to accept, receive and file the report of the Olson School Reuse Committee's recommendations and request the Mayor communicate to District #281 School Board the Council's actions. Public Hearing - Second Reading - Rezoning of H & I Enterprises MOVED by Anderson, seconded by Stockman and carried to bring on the table for second reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Commercial Zoning District - H & I Enterprises) MOVED by Anderson, seconded by Johnson 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 Item - Appeal of BZA Denial to Provide for Temporary Structure at Lupient Olds Steve Swartz, Representing Lupient Oldsmobile - Made request for temporary air structure Robert Billmayer, Air -Tech Industries, Inc. - Described the use and capabilities of the structure, stating that some 6f the buildings have received awards and that they meet requirements of state building codes. Glen Christiansen, Board of Zoning Appeals - Presented the board's recommendation for denial. (The vote was 2/2 - the motion for approval did not carry). Rhoda Jaffe - Stated that the Open Space & Recreation Commission had considered using a similar type building for the community center but they were informed that it would not meet required codes. MOVED by Johnson, seconded by Stockman and carried to approve the building subject to staff review and compliance with codes and fire safety requirements, to be utilized from November 15, 1980 to April 15, 1981, subject to a five year time limit for the Council to review at the end of that period. Lupient Olds - Waiver of Requirements of Automobile License Ordinance to Provide for Temporary Air Structure MOVED by Anderson, seconded by Stockman and carried to waive Section 860 of the City Code to permit a temporary building to be erected by Jim Luplent Oldsmobile. MOVED by Stockman, seconded by Anderson and carried to request staff to research how other communities deal with this type of structure and any other information helpful in developing a policy. The Mayor called for a three minute recess. Regular Meeting of the City Council - November 17, 1980 Public Hearing - Section 8 Housing Project - PUD #30 - Concept Approval Henry Hyatt, Proponent - Presented his plans for concept approval of a section 8 housing project. Don Jacobson, General Contractor for the project Bill Henemuth, Architect - reviewed the revised site plan Peggy Specktor, Planning Commission - Presented the Planning Commission's recommendation for approval but expressed concern over density and land use. Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Steve Wells, 2228 Kings Valley Road - Spokesperson for residents; said the residents are not opposed to low or moderate income people obtaining housing but they do have the following concerns with development of the proposed site: frontage road getting additional traffic, 1/2 garage and 1 1/2 parking spaces per unit will create an overflow of parking in neighborhood, heavy concentration of children, no shopping close to the area, no room on express buses picking up passengers in that area, drainage, congested vehicle traffic at surrounding intersections, density, residents are not concerned with decrease in property value, concerned solely with physical issues. Joan Levine, 2203 Kings Valley Road - concerned with safety of children and the number of children for the amount of land. Peter Hannan, 2314 English Circle - Stated concern over drainage, stated that the success of Kings Valley is due to open space and pleasing appearance. Bruce Duffy, 2304 English Circle - Concerned about density and drainage Mrs. Reese, 2113 Kings Valley Road - Concerned with safety of children if a berm is constructed on the curve of the frontage road - visibility will be diminished, concerned with size of tot lot. Lyol Netteberg, 2217 Stroden Circle - Former president of the Kings Valley Homeowners Association - expressed concern over density, no safe place for pedestrians to walk, drainage, additional overflow parking. Don Smith, 2200 Tamarin Lane - Was concerned that if further development of the Gallant property was made, it would increase density of the area. Doesn't think the project should be approved. Jack Gallant - Opposed, doesn't like the idea of a possible "ghetto" area Bob Pearson, 2402 Hillsboro - Concerned with drainage Sid Johnston, 2218 Kings Valley Road East - Opposed to turnover of people in rental areas. Steve Wells - presented Council with a petition containing 240 signatures opposing concept approval of PUD #30. Mayor Thorsen closed the public hearing. 198 Regular Meeting of the City Council - November 17, 1980 Public Hearing - PUD #30 (continued) The City Attorney reviewed what action the Council could take relative to PUD #30. MOVED by Anderson, seconded by Stockman and carried that the City Council agrees that the proposed project is an appropriate use of land, however, refers it back to the Planning Commission for further refinement of concept, noting the following concerns expressed by the Council: (;) Density - the Council would like to use staff's recommendation as a beginning guideline but would be open to variations; (2) Mix - subsidized versus market rate explored, using the housing policy as a guide for 50 to 60 percent subsidized. The Mayor called for a three minute recess. Petition for Traffic Signal at Highway #55 and The White House Marcie Anderson, 4841 Killarney Drive - Petitioner MOVED by Stockman, seconded by Johnson and carried to indicate to petitioners the problems and cost faced by the City Council, giving them a ball park figure of costs, seeing if they would be willing to cooperate in sharing in the expenses of installing a traffic signal. Minnesota Building Movers Association Re Cable TV MOVED by Johnson, seconded by Stockman and carried to refer the letter from Minnesota Building Movers Association requesting they be kept informed of the progress of the franchising of cable TV, to the Northwest Cable Communications Commission. Transient Sales Ordinance MOVED by Johnson, seconded by Mitchell and carried to postpone discussion of the transient sales ordinance to a date to be set at staff's discretion. Civil Defense Outdoor Warninq Plan Glen Olsen, Deputy Director of Public Safety - Was present earlier at the meeting to answer questions. MOVED by Johnson, seconded by Mitchell and carried to approve the implementation of Obtion B for the civil defense outdoor warning plan. MOVED by Anderson, seconded by Johnson and carried to amend the 1981 Public Safety budget by increasing that budget by $58,299 and amending the revenue estimate by in- creasing the borrowing by $58,299• Appointments to Northwest Cable Communications Commission MOVED by Anderson, seconded by Mitchell and carried to reappoint City Manager Jeff Sweet and Councilmember Ray Stockman as the City's representatives to the Northwest Cable Communications Commission. Regular Meeting of the City Council - November 17, 1980 Resolution - Compensation Program Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION (ADOPTING 1980 MARKET ADJUSTMENTS IN SALARIES AS PROVIDED FOR IN THE COMPENSATION PROGRAM) 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 Response to Skaar Letter Re Sweeney Lake MOVED by Anderson, seconded by Johnson and carried to authorize a feasibility study on the redirection of discharge from the 72 -ince line to ensure that it goes through the marsh area, and second, for the dredging of the area around the outlet of the Highway #55 culvert to remove the accumulation of sand. Change Date of Fire Station #2 Hearing on Rezoning from 12/1 to 12/15 MOVED by Johnson, seconded by Mitchell and carried to change the date of the public hearing on the rezoning of the Fire Station #3 from December 1 to December 15 when a full council will be present. Council Subcommittee Meeting Dates & Announcement of Meetings Police Committee (Stockman & Mitchell) - 12/17, 3:30, Gold Room, City Hall Communications Committee (Stockman & Johnson) - 11/18, 6:30, Gold Room, City Hall Planning Commission Committee (Anderson & Mitchell) - 11/25,3:30, Brookview Johnson & Stockman - meeting with City Manager and Tax-exempt Financing Committee - 11/18,5:00, Gold Room, City Hall Anderson & Stockman - South Wirth Parkway Committee Interviews, 11/24, 6:30, Gold Room Council Retreat - November 22, 1980 The City Manager distributed agendas for the Council retreat scheduled for Saturday, November 22, 1980, 10:00 - 1:00, Gold Room City Hall. Agenda for November 25, 1980 Community Center Hearing It was decided that Councilmembers Johnson and Stockman would meet on Wednesday, November 18 after their 5:00 meeting to draw up a proposed resolution for Council action on the Community Center. Commission Appointments MOVED by Stockman, seconded by Anderson and carried to appoint Mona Moede to the Planning Commission for a term to expire 3/1/82. 200 Regular Meeting of the City Council - November 17, 1980 Adjournment MOVED by Mitchell, seconded by Johnson and carried to adjourn at 11:45 P.M. ROSEMARY T --MAYOR ATTEST: 1 1