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04-21-81 City Council MinutesRegular Meeting of the City Council April 21, 1981 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 Rd. in said City on April 21,.1981 at 6:30 P.M. The following members were present: Mayor Thorsen, Councilmembers Anderson, Johnson, Mitchell and Stockman. Also present were: Jeff Sweet - City Manager, Lowell Odland - Engineer, Robert Skare - City Attorney and Secretary - Joan Thompson. Approval of Minutes.- April 7, 1981 MOVED by Johnson, seconded by Mitchell and carried to approve the minutes of the regular meeting of the City Council of April 7, 1981. Approval of Special Meeting Minutes - April 14, 1981 MOVED by Mitchell, seconded by Anderson and carried to approve the minutes of the Special Meeting of the City Council held on April 14, 1981 as amended: Attendance: delete - "Robert Skare - City Attorney" as he was not in attendance. *Approval of the Consent Agenda MOVED by Johnson,.seconded by Anderson and carried to approve the items on the consent agenda indicated by an asterisk(*). *Bills and Claims MOVED by Johnson, seconded by Anderson and carried to approve payment of the bills as submitted. *Refund - Dover Hills Grocery License MOVED by Johnson, seconded by Anderson and carried to authorize a refund of $100.00 to Dover Hills for a grocery license, due to the non-public service provided by the grocery for Senior Citizens in this high rise complex. *Jazzercise Bill MOVED by Johnson, seconded by Anderson and carried to approve payment of the Jazzercise bill submitted in the amount of $1,817.60. *Licenses MOVED by Johnson, seconded by Anderson and carried to approve the issuance of licenses #7033-7048. *Minutes - Human Rights Commission - 2/72/81 and 3/12/81 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Human Rights Commission for 2/12/81 and 3/12/81. �+ Regular Meeting April 21, 1981 *Minutes - Civil Service - 4/7/81 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes.of the Civil Service Commission for 4/7/81. *Petition to Vacate portion of Wheeler Blvd. - Call Public Hearing - 5/26/81 MOVED by Johnson., seconded by Anderson and carried to call for public hearing on May 26, 1981.regarding the petition to vacate a portion of Wheeler Blvd. outlined in the agenda. *Jim Lupient Communication MOVED by Johnson, seconded by Anderson and carried to receive and file the ltter dated April 13, 1981 from Jim Lupient regarding the temporary cover for their used car lot. *Resolution - Restricting Right Turns onto Brunswick Ave. Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION Restricting Right Turns onto Brunswick Avenue The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon vote bei.ng 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.resol.ution was declared passed and adopted, signed by the Mayor, and her signature attested by the Clerk. See Resolution Book Page *Call for Feasibility Study - RSL 119 Member Johnson introduced.and read the written resolution and moved its adoption: RESOLUTION RSL -119 Order Preparation of Report on Improvement 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 there: 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, and her signature attested by the Clerk. See Resolution Book Page *Call for Public Hearing - RSL 119 - May 26, 1981 MOVED by Johnson, seconded by Anderson and carried to call a public hearing for May 26, 1981 regarding RSL 119. *Call Public Hearing - P.U.D. 26A-- 5/26/81 MOVED by Johnson, seconded by Anderson and carried to call public hearing for P.U.D. 26A on May 26, 1981. Regular Meeting r33 April 21, 1981 *Food License Fee - Proposed Ordinance Amendment - Call Public Hearing 5/26/81 MOVED by Johnson, seconded by Anderson and carried to call public hearing regarding the proposed Food License Fee ordinance.amendment for 5/26/81. *Contract with Robert Close for desion of Laurel Avenue Greenbelt MOVED by Johnson, seconded by Anderson.and carried to authorize the Mayor and Manager to sign the agreement with Bob Close and to authorize $2,000 to be expended from the Public Land Fund with the balance of $625 to be used in finalizing the landscaping design for the Laurel Ponds to be expended from the Public Works Reserve for hiring of Robert Close for design work of Laurel Avenue Greenbelt. *,Authorize Barr Engineering Study.of South Fork - No Build Alternative MOVED by Johnson, seconded by Anderson and carried to authorize the hiring of Barr Engineering to conduct a study of the affects of not constructing the South Fork storm sewer for an amount not to exceed $5,000 with the cost of the study being expended from the Public Works Reserve Fund. *Approve of contract for Dental Insurance MOVED by Johnson, seconded by Anderson and carried to authorize the offering of the Delta Plan of Minnesota,.Five plus Five plan for the Police Sergeants bargaining unit. *Bid Openings - 81 SS 1 MOVED by Johnson, seconded by Anderson and carried to award the bid for the Sanitary Sewer construction - 81 SS I.- to the low bidder, U.D. Contracting, in the amount of $16,631.68. The bids were as follows: U.D. Contracting 16,631.68 Sazama Construction 19,510.00 (corrected to 17,309.45) G. L. Contracting 22,796.25 Contracting Services Indep. 27,135.00 Julian Johnson, Inc. 28,392.50 Glen Contracting 29,313.75 Veit & Co. 29,960.00 *Bid Openings - 81 WM 1. MOVED by.Johnson, seconded by Anderson and carried to award the bid for the Water Main construction 81 WM 1, to the low bidder, F. F. Jedlicki, Inc. in the amount of $47,155.40. The bids were as follows: F. F. Jedlicki, Inc. $47,155.40 Burschville Construction 48,107.10 0 & P Contracting 52,374.36 (corrected to 49,917.56) Hayes Contractors 49,982.00 Walhunt Const.ructi.on 50,343.20 G. L. Contracting 50,885.00 Hennen Construction 56,718.00 Julian Johnson Construction 58,682.00 Orvedahl Construction 58,936.00 Glen Contracting 59,989.84 Widmer Brothers 60,792.96 *Bid Openings - 81 SS 1 MOVED by Johnson, seconded by Anderson and carried to award the bid for the Sanitary Sewer construction - 81 SS I.- to the low bidder, U.D. Contracting, in the amount of $16,631.68. The bids were as follows: U.D. Contracting 16,631.68 Sazama Construction 19,510.00 (corrected to 17,309.45) G. L. Contracting 22,796.25 Contracting Services Indep. 27,135.00 Julian Johnson, Inc. 28,392.50 Glen Contracting 29,313.75 Veit & Co. 29,960.00 Regular Meeting April 21, 1981 *Quotations - Fertilizer for Brookview Golf Course MOVED by Johnson, seconded by Anderson and carried to authorize the purchase of fertilizer for Brookview Golf Course from the low bidder - Landscape and Turf Supply Co., for the amount of $120.50/ton.. MOVED by Johnson, seconded by Anderson and carried to authorize the purchase of Par Ex fertilizer from Turf Supply Company as they are the only distributor of this special supply needed at Brookview as recommended by staff in the amount of $4,149.10. Minutes - Planning Commission - 4/13/81 MOVED by Mitchell, seconded by Johnson and carried to receive and file the minutes of the Planning Commission from 4/13/81. Zero Lot Lines MOVED by Johnson, seconded by Mitchell and carried to not take action as recommended by the Planning Commission on the zero lot lines issue. Floor Area Requirements - Section 400.15 - City Building Code MOVED by Anderson, seconded by Stockman and carried to direct the City Attorney to draft an Ordinance to implement the Planning Commission recommendations regarding Floor Area Requirements. License - Perishable Food - Fisher Bros. Fisheries MOVED by Mtichell, seconded by Stockman and carried to approve the issuance of a Perishable Food License to the Fisher Bros. Fisheries. Human Rights Commission - Award to Golden Hills for Handicapped. Accessibility Mr. Frank Gehtner was awarded a certificate of appreciation in recognition for the improvements to the property being made accessible to the handicapped patrons. Solid Waste Update MOVED by Mitchell, seconded by Johnson and carried .to defer the Solid Waste Update to the May 5, 1981 meeting due to absence of representative. Residential Zoning Code - Kathy Gray request Mrs. Kathy.Gray presented a proposal for a change in the present residential zoning code, expressing her desire to have a business in her home. It was her feeling that the City should allow a special use permit for certain businesses in the home, and sited other cities who do allow such businesses. MOVED by Johnson, seconded by Anderson and carried to refer to the Planning Commission for comment and recommendation by May 26 the request for businesses in residential areas because the City has no legal way of approving them at this time. Regular Meeting April 21, 1981 81 WM 1 - Assessment Plan Approval The City Engineer was present for comment. MOVED by Anderson, seconded by Johnson and carried to approve the staff assessment procedure for 81 WM 1. Report from City Attorney: Tax -Exempt Financing Regarding Marginal Land Mayor Thorsen expressed desire for Council to revise the policy to more clearly reflect Council position. MOVED by Mitchell, seconded by Johnson and carried to receive and file the reports from the Attorney and Mayor and have a sub -committee research and contact speakers and recommend possible presentations to the Council for their (the Council) education. MOVED by Mitchell, seconded by Anderson to set a moritorium on future applications for tax-exempt financing until a decision is reached by the Council on possible revisions to procedures. Upon vote being taken the vote was as follows: THORSEN - YES JOHNSON - NO MITCHELL - YES STOCKMAN - NO ANDERSON - NO Recess Mayor Thorsen called a short recess at 7:30 P.M.; the meeting was again called to order at 7:50 P.M. Agreement with Babe Ruth and Little League Regarding Use of Lion's Club Park Dave Latvaaho - representing.Little League was present to suggest a public information meeting to be held including the neighborhood and Little League/Babe Ruth and Open Space and Recreation Commission. Mayor Tapper - Babe Ruth - present to support the suggestion for public meeting. James Tubman - 110 Louisiana Ave. N. - a citizen of the neighborhood surrounding Lion's Club Park was present to express the neighborhood position in support of Little League but confused about the proposed conversion of the park. Lloyd Tubman - 110 Louisiana Ave. N. - support the suggestion for a public information meeting. She expressed that the neighborhood should receive more specific "mailings" of information regarding this issue and not be overlooked. Councilmember Anderson expressed concern about the format of a public meeting involving neighborhood and Little League/Babe Ruth. MOVED by Anderson, seconded by Mitchell and carried to hold an informational meeting regarding use of Lion's Club Park to be held at a Special Meeting of the City Council on May 12, at 8:00 P.M., and to inform all people included in the region served by the park. 6 Regular Meeting April 21, 1981 Agreement with Babe Ruth and Little League continued MOVED by Johnson, seconded by Mitchell and carried to defer action on the agreement and refer it to the Open Space and Recreation for their comments. Public Item - Capital Improvement Program The City Manager presented the 1981-1985 Capital Improvements Program. Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Seeing and hearing no one the Mayor closed the.public hearing. MOVED by Johnson, seconded by Mitchell and carried to utilize the Manager's alternate Park Capital Improvements fund in the program. MOVED by Johnson, seconded by Mitchell and carried to defer the Capital Improvements Program to May 26, 1981. Public Hearing.- Liquor License Fee for On -Sale - Ordinance Amendment MOVED by Anderson, seconded by Johnson and carried to bring to the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Fees for On-Sale.Liquor Licenses) Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ms. Cecilia Lynch - Boulevard Restaurant - against increase in fees Mr. Schectman - White House Restaurant - against increase in fees Thomas Newman - Cork 'n Cleaver - against increase in fees and proposed a fee based on use of alcohol to set fees. MOVED by Anderson, seconded by Johnson and carried to approve on first reading the ordinance amendment herein quoted by title with the following revisions: Change fee to $6,250 for year, and $1,562.50 for a three-month period. Public Item - Second Reading - Change of Closing Time on Fridays for Off -Sale Liquor Establishments - Ordinance Amendment MOVED by Stockman, seconded by Johnson and carried to bring to the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE Hours of.Off-Sale Intoxicating Liquor Establishments Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. 6 Regular Meeting April 21, 1981 Public Item - Second Reading - Change of Closing Time on Fridays for Off -Sale continued Mr. Schectman - White House Restauarnt - against the closing time change MOVED by Anderson, seconded by Stockman and carried to approve the ordinance amendment herein quoted by title. Public Item - Second Reading - Intoxicating Liquors - Ordinance Amendment re. Managers MOVED by Anderson, seconded by Stockman and carried to bring to the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE Intoxicating Liquors Mayor Thorsen 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 Mitchell,.seconded by Stockman and carried to approve on second reading the ordinance amendment herein quoted by title. Public Item - Special Use Permit.Request - Northwestern Bank Ms. Marilyn Hayes of Northwestern Bank made a presentation of the proposed project. The architect was also present to answer questions from the Council. Wally Klus of Northwestern Bank was present to answer questions from the Council. MOVED by Anderson, seconded by Johnson and carried to approve the special use permit for Northwestern Bank. Upon roll call vote, the vote was as follows: ANDERSON YES J.OHNSON - YES MITCHELL - Abstained STOCKMAN - YES THORSEN - YES Northwestern Bank request for Temporary Trailer MOVED by Stockman, seconded by Johnson and.carried toapprovethe use of a temporary trailer at the site subject to the following conditions, to be removed by September 1, 1982: 1) Connect to sewer and water 2) Ramp if necessary for handicapped 3) Comply with 35' set -back 4) No parking on service road for those using banking facilities 5) Skirt trailer to insure utilities do not freeze Councilmember Mitchell abstained from this item. Public Hearing - Second Reading - Business & Professional Offices Zoning District MOVED by Anderson, seconded by Johnson and carried to bring to the table for second reading the ordinance amendment entitled: Regular Meeting April 21, 1981 Public Hearing - Second Reading - Business & Professional Offices Zoning - continued AN ORDINANCE AMENDING THE ZONING CODE Business & Professional Offices Zoning District Mayor Thorsen 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 Stockman, seconded by Johnson and carried to approve on second reading the ordinance amendment herein quoted by title, with the revisions to set a height limit of three stories without a Conditional Use Permit. Upon roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Reinertson Request for Public Hearing - 5/26/81 Mr. Mark Reinertson presented his request for the Council to call for public hearing on 5/26/81. MOVED by Stockman, seconded by Anderson and carried to deny the request due to procedure and refer Mr. Reinertson to the Board of Zoning Appeals. Member Johnson voted no. Public Hearing Second Reading - Conditional Use Zoning MOVED by Anderson, seconded by Johnson and carried to bring to the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE Providing for the Addition of a Conditional Use Zoning Ordinance Mayor Thorsen 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 Anderson, seconded by Mitchell and carried to approve on second Oeading the ordinance amendment herein quoted by title. Public Hearing - Second Reading - Prohibited Drugs - Ordinance Amendment MOVED by Anderson, seconded by Stockman and carried to bring to the table for second reading the ordinance -amendment entitled: AN ORDINANCE AMENDING THE CITY CODE Prohibited Drugs Mayor Thorsen 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 Anderson, seconded by Mitchell and carried to approve on second reading the ordinance amendment herein quoted by title. 1 1 egular Meeting pril 21, 1981 Public.1tem - Proposed Ordinance - Council and Mayor Salary Schedule MOVED by Mitchell, seconded by Anderson and carried to bring.to the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE Cbuncil and Mayor Salary Schedule Mayor Thorsen opened.the meeting for public input and persons present were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and carried to approve on first reading the ordinance amendment herein quoted by title. Budget Questionnaire MOVED by Anderson, seconded by Stockman and carried to approve questionnaire as presented and authorize expenditure of funds as follows: Mr. Print - printing Postage Announcement of Meetings There will be a meeting held April 28th policy. $ 454.20 1350.00 at 3:30 regarding communications, and tax-exempt Councilmember Anderson and Mayor Thorse will meet with Lowell Odland (City Engineer) and Jeff Sweet (City Manager) at 9:00 a m. on April 22, regarding 1-394. Commission Dinner - May 7, 1981 MOVED by Mitchell, seconded by Johnson nd.carried to approve the menu as presented and authorize expenditures for the Comm ssion Dinner which approximately total $1,097.25 for 75 guests expected. Guidelines for Commissions.. suggested �ddendum MOVED by Johnson, seconded by Mitchell nd carried to receive and. File the commission guidelines and refer to Councilmember S ockman to report back to the Council by May 19th. Northwest Hennepin Human Services Council - Appointments MOVED by Johnson, seconded by Mitchell 4nd carried to defer this item to May 5th. 1-394 Update No action taken. Adjournment MOVED by Anderson, seconded by Stockman ATTEST: O.a ¢GPD TADV and carried to adjourn at 11:45 P.M. 7 MAYO