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10-06-81 City Council MinutesA 5 4_ Regular Meeting of the City Council October 6, 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 Road in said City on October 6, 1981 at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; City Attorney, Robert Skare; and Secretary, Judy Nally. Approval of Minutes - September 22, 1981 MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the minutes of September 22, 1981, as submitted. Approval of Minutes - September 15, 1981 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the minutes of September 15, 1981, as amended: Page 181: Itinerant Food License - Paradise Seafood - motion should read "..because of a questionable method of refrigeration in the transportation and storage process..." Approval of Consent Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except item 4C, 1 and 2 (was removed completely because this item was considered by the Council on September 15, 1981), 5G and 5J. *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. Byerly's Claim for Water Main Break MOVED by Anderson, seconded by Mitchell and motion carried unanimously to receive the claim and refer it to the Attorney and the insurance company. Sandra Agvald & Associates Bill for MRW Investments Claim MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize payment of the claim from the City's insurance program. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #7179 to #7183, except #7180, which was voided. 1 Regular Meeting of the City Council October 6, 1981 *Raffle License_- Golden Valley Senior Citizens Program MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the issuance of a raffle license to the Golden Valley Senior Citizens Program for the dates specified on the application submitted. MOVED by Johnson, seconded by Stockman and motion carried unanimously to increase the Gambling Revenue by $100 and increase the Senior Citizens Program Budget by $100. *Solicitor's License - Minneapolis Camp Fire MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Minneapolis Camp Fire. *Solicitor's License - Noble School PTO MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Noble School PTO. Solicitor's License - Sunny Hollow PTSO MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Sunny Hollow PTSD. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Item 1F: Bassett Creek Flood Control Commission - August 20, 1981 Item 1G: Open Space and Recreation Commision - September 21, 1981 Item 1H: Planning Commission - September 14, 1981 Item 1I: Planning Commission - September 28, 1981 *Call for Public Hearing - 6835 Sandburg Lane - Rezoning to R-2 - 11/4/81 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing for the rezoning of 6835 Sandburg Lane from the Residential to the Two Family (R-2) Residential Zoning District for November 4, 1981. *Call for Public Hearing - 5000 Olson Memorial Highway - General Plan Approval - PUD - 1 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing for approval of the General Plan of Development for 5000 Olson Memorial Highway, PUD #32 for November 4, 1981. *Call for Public Hearing - 801 Ottawa Avenue North - Rezoning to I-4 - 11/4/81 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing for the rezoning of 801 Ottawa Avenue North from the Commercial and Multiple Dwelling (M-2) Zoning Districts to the Institutional (I-4) Zoning District for Novmeber 4, 1981. 155 Regular Meeting of the City Council October 6, 1981 *Call for Public Hearing - 670 Mendelssohn Avenue North —Conditional Use Permit - 11/4/81 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing for approval of a Conditional Use Permit for 670 Mendelssohn Avenue North for November 4, 1981. Public Item - Use of Seeman Park for Little League Jeff Sweet reviewed the background of the Little League situation and the proposed use of Seeman Park. The Mayor 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 Johnson and motion carried unanimously that the City Council authorize the use of Seeman Park, for one year, for Little League use. The staff was asked to send a letter to the Seeman Park neighborhood informing them of the continued use of Seeman Park and informing them of the storm sewer construction project at the corner of Florida and Golden Valley Road. Public Hearing - Special Assessments The City Manager stepped down because his property was on the assessment roll. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Lowell Odland outlined the projects assessed in 1981. The Director of Administrative Services and Office Services Supervisor were present to answer questions from the public and the Council. Paul Johnson - 6300 Wayzata Boulevard - was present to ask how each assessment is determined. (Frontage Road State Aid 80). Al Golden - 6120 Colorado Circle - was present to ask how much the MN&S Railroad will pay of the assessment. He had deeded property to MN&S Railroad for an easement and was questioning why he had to pay the assessment. (Laurel Avenue State Aid 80). Bob Sanko - 5619 Olson Memorial Highway - for a street light which he felt was of no Area - RSL 114). The Mayor closed the public hearing. was present to ask why he was assessed benefit to him. (Valley Wood & Schut Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR VARIOUS PUBLIC IMPROVEMENTS 71 Regular Meeting of the City Council October 6, 1981 Public Hearing - Special Assessments - Continued The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a 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 Deputy City Clerk. See Resolution Book Page Certification of Unpaid Charges, Delinquest Utility Bills MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the certification of the delinquent utility bill charges for 1981 and assessment therefor. Certification of Unpaid Charges, Weed Eradication and Tree Removal MOVED by Mitchell, seconded by Anderson and motion carried unanimously to approve the certification of the delinquent weed control and dutch elm removal charges for 1981 and assessment therefor. Mayor Thorsen abstained because her property is on the assessment roll. Resolution Adopting 1982 Budget and Levying Taxes The Mayor 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. Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION ADOPTING THE BUDGET FOR 1982 AND ESTABLISHING THE CITY PROPERTY TAX LEVY FOR 1981 AND COLLECTIBLE IN 1982 The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a 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 Deputy City Clerk. See Resolution Book Page Resolution Designating Use of Revenue Sharing Funds The Mayor 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. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION DESIGNATING PROPOSED EXPENDITURES OF REVENUE SHARING FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a 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 Deputy City Clerk. See Resolution Book Page Regular Meeting of the City Council October 6, 1981 Resolution Issuing 1981 Certificates of Indebtedness Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF $58,075 CERTIFICATE OF INDEBTEDNESS, PRESCRIBING THE FORM AND DETAILS THEREOF, AND LEVYING TAXES FOR THE PAYMENT THEREOF The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a 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 Deputy City Clerk: See Resolution Book Page . Resolution Authorizi Improvement Bonds and Directing Cancellation of 1981 Levy for Various Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION OF 1981 LEVY FOR VARIOUS IMPROVEMENT BONDS The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a 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 Deputy City Clerk. See Resolution Book Page Public Hearing - Windsdale Street Easement Vacation The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. T. W. Boucher - 1512 Gettysburg - was present to ask if the street is vacated, would it ever be taken back by the City and had questions regarding the lilac bushes at the edge of his property. He is in favor of the easement vacation. James Kimpton - 1412 Gettysburg - was present to ask who will be responsible for maintenance and who would have to pay the taxes. He is in favor of the easement vacation. The Mayor closed the public hearing. Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION FOR STREET VACATION - PORTION OF WINSDALE STREET The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a 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 211yeClan adg% sg1pednbvothePaa�or and her signature attested by the Deputy D LJ Regular Meeting of the City Council October 6, 1981 Public Hearing - Second Reading - Miscellaneous Administrative Amendments MOVED by Mitchell, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Miscellanous Administrative Amendments) The Mayor 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 motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - 81 SI 6 - Sunnyridge Lane The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Bill Ness - Board of Directors - Animal Humane Society - was present to express an interest in the project and request approval from the Council. Leo Smiler - MN&S Railroad - was present to ask questions regarding possible curb cuts in the future. He is in favor of the improvement. The Mayor closed the public hearing. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81SI6 The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a 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 Deputy City Clerk. See Resolution Book Page Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 81 SI 6 The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a 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 Deputy City Clerk. See Resolution Book Page Ei9 Regular Meeting of the City Council October 6, 1981 Revisions to Regulations for Use of Brookview Community Center MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the new fee schedule and regulations for the Brookview Community Center. *Letter from Mr. and Mrs. Hugh Norsted Regarding Seeman Park Little League MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Mr. and Mrs. Hugh Nortsted regarding Seeman Park Little League. *Call for Public Hearing - 81 SS 3 - Radisson Road - 11/17/81 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81 SS 3 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a 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 Deputy City Clerk. See Resolution Book Page *Call for Feasibility Study - RSL 123 - North and South Cortlawn Circle Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 123 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a 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 Deputy City Clerk. See Resolution Book Page Alternatives to Laurel for Florida Properties John Harrigan - Attorney for Florida properties - was present to ask questions of the staff and City Council on how soon any construction would take place on Laurel. Lowell Odland reviewed the staff recommendation on the phased construction of Laurel Avenue. MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the memo from Lowell Odland regarding alternatives to Laurel Avenue, until a decision of the storm sewer is made and respond to the Attorney, in writing, what progress is being made on the storm sewer. 1 i 1 Regular Meeting of the City Council October 6, 1981 *Purchase of Sod for Sandburg Junior High MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the purchase of sod for Sandburg Junior High from the lowest responsible bidder, Superior Sod Nursery in the amount of $1,912.50, from the Park Capital Improvement Fund. The bids were as follows: Superior Sod Nursery, Inc. $1,912.50 Watson Turf Nursery 1,935.00 Greenhaven Nursery 2,025.00 *Agreement with MTC - Colonial Acres Bus Shelter MOVED by Johnson, seconded by Stockman and motion carried unanimously to sign the agreement with Colonial Acres to share in the allocation of cost for the shelter, said costs are not to exceed $500 (10%) for reimbursement to the MTC. Authorization to Sign Use Permit - PUD #26-A (Phase II), Calvary Community ervices MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager to sign the Use Permit for PUD #26-A (Phase II) Calvary Community Services. Approval of Final Plat and Authorization to Sign Use Permit - PUD #28 - Pondwood Office Park Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION FOR ACCEPTANCE OF PLAT OF PONDWOOD OFFICE PARK - PUD #28 The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a 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 Deputy City Clerk. See Resolution Book Page MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager to sign the Use Permit for PUD #28, Pondwood Office Park. I Amendment to Bassett Creek Agreement with Crystal Jeff Sweet reviewed the amendments to the Bassett Creek Agreement with the City of Crystal. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the agreement and authorize the Mayor to sign the Bassett Creek Agreement with the City of Crystal. Regular Meeting of the City Council October 6, 1981 Approval of Bids for Bassett Creek Flood Control Lowell Odland reviewed the recommendations of the staff for awarding the contract for construction of the flood control improvement and the recommen- dation to utilize alternative culver crossing. MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the staff recommendation of the acceptance of the low bid to Shafer Contracting Company, including the bebo arches for the crossings. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the transfer of $120,000 from the Public Works Reserve to the Bassett Creek Improvement Fund. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the City Manager to inform the residents along'Bassett Creek of the implementation of the project. *Transfer from Benefits Fund MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve a transfer of $2,093.08 from the Benefits Fund to the Brookview Fund and $5,013.56 from the Benefits Fund to the General Fund to cover costs incurred which may be charged to the Benefits Fund. Preliminary Plan for City Hall Remodeling Jeff Sweet reviewed the remodeling plan for the Gold Room, Mayor and Council Office and Council Chamber area. MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the staff to advertise for bids on the project as outlined. Rescheduling of Community Center Solicitation Committee Presentation MOVED by Johnson, seconded by Mitchell and motion carried unanimously to grant an extension to the Community Center Solicitation Committee and reschedule their presentation to November 19, 1981 at 7:30 PM. *Budget Report - August, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the budget report for August, 1981 as submitted. Resolution Extending Preliminary Approval for Issuance of Revenue Bonds and Authorizing Preparation of Necessary Documents with orth Wirth Associates Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION EXTENDING PRELIMINARY APPROVAL TO A PROJECT WITH NORTH WIRTH ASSOCIATES UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, EXTENDING PRELIMINARY APPROVAL FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE THE PROJECT AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS 1 Regular Meeting of the City Council October 6, 1981 Resolution Extending Preliminary Approval for Issuance of Revenue -Bonds and Authorizing Preparation Of ecessary Documents with Northin ssociates - onti'nu e The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted i,n favor thereof: Anderson, Johnson, Mitchell, Stockman, and the following abstained: Thorsen (stating conflict of interest), 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 Deputy City Clerk. See Resolution Book Page MOVED by Johnson seconded by Stockman and motion carried unanimously to authorize the Mayor and Manager to sign the extension of the developers agreement for North Wirth Parkway Associates. *Resolution Relating to $560,000 General Obligation Bonds for North Wirth Parkway, Authorizing the Issuance and Calling for Public Sale Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO $560,000 GENERAL OBLIGATION TAX INCREMENT BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a 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 Deputy City Clerk. See Resolution Book Page *Quotes - Soccer Uniforms MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the purchase of shirts and shorts for the fall soccer program from the lowest responsible quoter, Kokesh Athletic and Golf in the amount of $2,638.20. The quotes were as follows: Kokesh Athletic and Golf $2,638.20 General Sports 2,856.60 Gopher Athletics 2,861.88 Quotes - 81 SS a - Golden Valley Road and Florida Avenue MOVED by Mitchell, seconded by Johnson and motion carried unanimously to award the bid for storm sewer extension of Golden Valley Road and Florida Avenue to the lowest responsible bidder, F. F. Jedlicki, Inc. in the amount of $4,640.00. The bids were as follows: F. F. Jedlicki, Inc. $4,640.00 Hayes Contractors, Inc. 4,650.00 Orvedahl Construction, Inc. 4,900.00 Widmer Brothers, Inc. 9,400.00 15 3 Regular Meeting of the City Council October 6, 1981 ICA *Watermain Repair - Byerly's and Spring Gate Shopping Center MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the expenditure of $1,400 from the Utility Reserve Fund for installa- tion of a new valve between Duluth Street and St. Croix Avenue by Orvedahl Construction, Inc. *Contract Award - 81 WM 3 - Xerxes Avenue MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the contract for 81 WM 3 to the lowest responsible bidder, Minneapolis Water and Sewer Repair, Inc. in the amount of $4,975.00. The bids were as follows: Minneapolis Water & Sewer Repair, Inc $4,975.00 Hayes Contractors, Inc. 6,465.00 Axel Newman Heating & Plumbing 6,773.92 F. F. Jedlicki 7,425.00 Widmer Brothers, Inc. 9,490.00 Announcements of Meetings. The Brookview Subcommittee will meet on October 9, 1981 at 4:00 PM in the Gold Room and October 14, 1981 at 4:00 PM in the Gold Room. The Police Policies Subcommittee will meet on October 19, 1981 at 4:00 PM in the Gold Room. The Communications Subcommittee will meet on October 22, 1981 at 4:00 PM in the Gold Room. Rosemary Thorsen will be out of town November 13 - 18, 1981. Liquor License Guidelines Councilmember Johnson reviewed the criteria for the issuance of liquor licenses which was submitted by the Liquor License Subcommittee. MOVED by Stockman, seconded by Johnson and motion carried unanimously to refer to staff the guidelines for their comments and refinement of Section 3 regarding the amount of square footage used in the service area and include a section addressing the issue of local ownership. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to ajdourn the meeting at 9:53 PM. ATTEST: qJy'Nall , Secretary 1 1 1