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11-17-81 City Council MinutesRegular Meeting of the C i ty Council November 17, 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 November 17, 1981 at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell and Stockman, and the following member was absent: Thorsen. Also present were: Director of Administrative Services/City Clerk, John Murphy; City Engineer, Lowell Odland; Assistant City Attorney, Allen Barnard; and Secretary, Judy Nally. Approval of City Council Meeting Minutes - November 4, 1981 MOVED by Stockman, seconded by Mitchell and motion carried unanimously to approve the minutes of the City Council Meeting of November 4, 1981, as amended: Page 211: Human Rights Commission Appointments - second motion - delete the following words - "members and to also contact the Commission Chairs of all Commissions, to find out what ter needs will be for 19821..U. Page 206: *Quotations - Fire Department Equipment - state the reasons the high bids were awarded to Mid Central Fire for the 11/2" hose and the 3" hose, which were stated in the memo from Deputy Director Mooney. Approval of Canvassing Board Meeting Minutes - November 4, 1981 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the minutes of the Canvassing Board Meeting of November 4, 1981, as submitted. Approval of Council/Manager Meeting Minutes - October 13, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the minutes of the Council/Manager Meeting of October 13, 1981, as submitted. Approval of Council/Manager Meeting Minutes - November 10, 1981 MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the minutes of the Council/Manager Meeting of November 10, 1981, as submitted. Approval of Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the agenda of November 17, 1981, as amended: Addition of Item 1H1: Solicitor's License - Mrs. Dean Hansen 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 (*). *Bills and Claims MOVED by Johnson seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. Regular Meeting of the City Council *Licenses November 17, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses 17190 to 17193 as submitted. Solicitor's License - Mrs. Dean (Henrietta) Hansen MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the solicitor's license for Mrs. Dean (Henrietta) Hansen. *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 1I: Human Rights Commission - October 13, 1981 Item 1J: Planning Commission - November 9, 1981 Public Hearing - RSL 123 - North and South Cortlawn Circle Lowell Odland reviewed the feasibility report, and ornamental light policy. The Mayor Pro -Tem opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ralph Crews - 6500 North Cortlawn Circle - Proponent - was present to answer questions. The Mayor Pro -Tem closed the public hearing. Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 123 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 and Stockman, 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 - 81 SS 3 - Radisson Road Lowell Odland reviewed the staff report, and answered questions from the Council and audience. The Mayor Pro -Tem opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Matthew Johnson, Jr. - 416 Turnpike Road - He wanted to know what the route of the storm sewer will be when it is completed. Regular Meeting of the City Council November 17, 1981 Public Hearing - 81 SS 3 - Radisson Road - Continued Daryl Fortier - 408 Turnpike Road - He wanted to know what capacity the present holding area has now, how will this new extension help solve the water problems, and how much of the sewer work is for repair of the old sewer and how much will be the extension to the house at 525 Radisson Road. Mary Orfield - 525 Radisson Road - Proponent - She stated that the water problem in their house began when the land behind their house was filled. Mrs. W. C. Flanagan - 400 Turnpike Road - She wanted to know why the neighbors should all pay for the installation of the storm sewer when they will get no benefit from it when other neighbors have previously paid for storm sewer installation. Sonya Fortier - She wanted to find out what the maintenance of the drainage ditch should be. The Mayor Pro -Tem closed the public hearing. Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81 SS 3 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 and Stockman, 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 Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 81 SS 3 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 and Stockman, 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 - Second Reading - 6835 Sandburg Lane - Rezoning to R-2 MOVED by Johnson, 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 (R-2 Residential Zoning District - West Suburban Builders) The Mayor Pro -Tem 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 Pro -Tem closed the public hearing. 1 1 1 Regular Meeting of the City Council November 17, 1981 Public Hearing - Second Reading - 6835 Sandburg Lane - Rezoning to R-2 - ont nue MOVED by Mitchell, seconded by Stockman 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 Public Hearing - Second Reading - 810 Ottawa Avenue North - Rezoning to I-4 MOVED by Stockman, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (I-4 Institutional Zoning District - City of Golden Valley) The Mayor Pro -Tem 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 Pro -Tem closed the public hearing. MOVED by Johnson, 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 Public Hearing - Second Reading - 670 Mendelssohn Avenue North - Conditional Use ermit MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Light Industrial PUD) The Mayor Pro -Tem 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 Pro -Tem closed the public hearing. MOVED by Mitchell, seconded by Stockman 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 185 Public Item - Spring Gate Shopping Center - Special Use Permit - Video Game Center Steve Sussman - Computer Gametown and Learning Center - Proponent - made a presentation, addressed the concerns outlined in the Planning and Redevelopment Coordinator's memo dated October 21, 1981, and answered questions from the Council. Regular Meeting of the City Council November 17, 1981 1 91'6 Public Item - Spring Gate Shopping Center - Special Use Permit - Video Game Center - Continue Sue Eastes - Planning Commission Representative - She summarized the reasons the Planning Commission recommended denial of the request for a Special Use Permit. The Mayor Pro -Tem opened the meeting for public input and persons present to do so were affored the opportunity to express their views thereon. William Sussman - He felt that some of the questions asked were to hypothetical. The Mayor Pro -Tem closed the public hearing. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to approve the Special Use Permit for Computer Gametown and Learning Center subject to the following conditions: 1. No more than 33 percent of the total computer learning center and video game facility floor area shall be occupied by video games. Any evidence of more than 33 percent of the floor area occupied by video games shall be grounds for revocation of the Special Use Permit. 2. A maximum number of 25 video games shall be allowable. Any evidence of more than 25 video games installed shall be grounds for revocation of the Special Use Permit. 3. The video game area shall be supervised by at least one adult aged 21 years or older at all times. Any evidence of failure to maintain specified supervision shall be grounds for revocation of the Special Use Permit. 4. Juveniles 17 years of age and under shall be required to leave the premises at 9:00 PM and the entire video games section be closed at 9:00 PM. Any evidence of failure to enforce this closing time shall be grounds for revocation of the Special Use Permit. 5. Facility staff shall contact the City Juvenile Office for removal of any juveniles on the premises during school hours. Any evidence of failure to notify juvenile authorities as specified shall be grounds for revocation of the Special Use Permit. 6. House rules prohibiting smoking, gambling and loitering shall be strictly enforced. Any evidence of failure to enforce these house rules shall be grounds for revocation of the Special Use Permit. 7. Facility owners and staff shall maintain contact with and shall cooperate with the City Police Department concerning any law enforcement problems occurring on the facility premises or resulting from location of the facility within the Spring Gate Shopping Center. Any law enforcement difficulties on the premises or resulting from location of the facility within the Shopping Center shall be grounds for revocation of the Special Use Permit. 8. The business shall not be opened to the public until all equipment is in place and operational. Any evidence of opening before the equipment is all operational shall be grounds for revocation of the Special Use Permit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES Letter from Governor Quie Regarding I-394 MOVED by Mitchell, seconded by Johnson and motion carried unanimously to receive and file the letter from Governor Quie, dated October 26, 1981, regarding I-394, and to refer the letter to the I-394 Subcommittee of Councilmember Anderson and Mayor Thorsen for review and a recommendation to the Council. Regular Meeting of the City Council November 17, 1981 Letter from Walter Harbeck Regarding Shakopee's Fiscal Disparities Law Suit MOVED by Johnson, seconded by Stockman indicate to the Mayor of Shakopee that position in support of their position, the fiscal disparities law suit. Writ of Mandamus - 6742 Knoll and motion carried unanimously to the City Council continues its former but without contributing financially to MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the Writ of Mandamus, dated November 10, 1981, regarding D. C. Kasin, Inc. and to issue a building permit for 6742 Knoll. Waiver of Public Hearing - 81 WM 4 - Xerxes Avenue Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81WM4B 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 and Stockman, and the following voted against the same: none, whereupon said resolution was declared duly passed and adotped, 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 ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 81 WM 4B 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 and Stockman, 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 . Letter from Edward Cohen Regarding Mr. Steak Liquor License Edward Cohen - Attorney representing Mr. Steak - appeared before the Council to ask that the Council reconsider the liquor license application for Mr. Steak and if denied, ask that the Council refund the entire liquor license investigation f ee. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to refuse the reuqest to reconsider the application for a liquor license from Mr. Steak, and to consider issuing a refund of the liquor license investigation fee. Regular Meeting of the City Council November 17, 1981 Letter from Edward Cohen Regarding Mr. Steak Liquor License - Continued Mr. Cohen reviewed the steps his clients took to apply for the liquor license and the sequence of events surrounding the issuance of the license and council hearing. He stated that he felt that because of the circumstances surrounding the issuance of the license, that his clients be issued a refund. John Murphy informed the Council of the liquor license application procedure. Allen Barnard reviewed the liquor ordinance regarding the refund of the investi- gation fee. MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the refund of the $1,500 liquor license investigation fee to Mr. Steak. Recommendations for Public Safety Communications Upgrade Dean Mooney - Deputy Director and Tom Cooley - representing Michaud, Cooley, Hallberg, Erickson and Associates, Inc. - were present to answer questions from the Council. MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the advertising for bids for improvements to the emergency communica- tions system for the City of Golden Valley. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to authorize the consulting firm of Michaud, Cooley, Hallberg, and Erickson Associates, Inc. to continue their consulting services through the completion of the project for a fee of $3,300. Extension of a Special Use Permit for 7901 Wayzata Boulevard - H. I. Enterprises, nc. Bev Kottas - President of H. I. Enterprises, Inc. - She reviewed the reasons why she was asking for an extension and answered questions from the Council. MOVED by Stockman, seconded by Mitchell and motion carried unanimously to deny the request for the extension of the Special Use Permit by H. I. Enterprises, Inc. for the convenience store/gas station at 7901 Wayzata Boulevard. *Amendment to Hennepin Council Criminal Justice Coordinating Council Bylaws Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS 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 and Stockman, 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 *Revised Infiltration/Inflow Analysis Agreement November 17, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the Mayor and Manager to sign the revised agreement with Professional Services Group, Inc. for the infiltration and inflow analysis. Traffic Problem - Rhode Island Avenue South and Ridgeway Road The Mayor Pro -Tem opened the meeting for input and persons present to do so were afforded the opportunity to express their views thereon. Susan Warsett - 200 Rhode Island Avenue South - She is concerned because of the volume of cars, speed of the cars, there is no street light at the corner, the dealers near her home use the streets for testing the new and repaired cars, to near the bus stop, and the visability on the road is bad because of bushes. Rhoda Jaffe - 420 Pennsylvania Avenue South - She stated that the cars that drive on her street that are being tested by the car companies drive very fast, and if a stop sign is installed on Rhode Island, she wanted to know how that will effect her street. P. F. Stephenson - 7700 Ridgeway Road - He stated that the majority of the traffic is from the business district. Renee Williams - 401 Rhode Island Avenue South - She wanted to know if anything had been done to record the speed of the cars. The Mayor Pro -Tem closed the public hearing. Lowell Odland explained the criteria used for installing stop signs and yield signs and answered questions from the audience and Council. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to refer to the staff the question of installing a stop sign and to include an analysis of the area and to return to the City Council on December 15, 1981 with a report. MOVED by Stockman, seconded by Johnson and motion carried unanimously to request staff to advise the property owner on which the bushes stand that they are in violation of our ordinance and request that they conform. *Call for Public Hearing - Easement Vacation - South Wirth Parkway - 11/15/81 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing for a easement vacation in South Wirth Parkway for December 15, 1981. *Budget Adjustment for Motor Vehicle MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the budget adjustment for the Motor Vehicle Department. *Budget Adjustment for Utility Fund MOVED by Johnson, seconded by Stockman and motion -carried unanimously to authorize the budget adjustment for the Utility Fund. Regular Meeting of the City Council November 17, 1981 *1980-81 Local Planning Assistance Grant Allocation for Comprehensive Planning Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION REQUESTING 1980-81 LOCAL PLANNING ASSISTANCE GRANT FUNDS AND AUTHORIZING AMENDMENTS OF THE GRANT CONTRACT 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 and Stockman, 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 - Printing of Winter Brochure MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the printing of the winter recreation brochure to the lowest respon- sible quoter, Post Publishing in the amount of $1,278.00. The quotes were as follows: ° Post Publishing $1,278.00 Universal Marking Systems, Inc. 1,484.00 The Litho Shop 1,693.00 *Bids - Interior Remodeling of the City Hall MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the interior remodeling of the City Hall to the lowest responsible bidder, Don G. Morin & Company in the amount of $15,790.00. The bids were as follows: Don G. Morin & Company $15,790.00 H. K. Lindahl & Sons 18,675.00 Kloster Madsen 20,550.00 Knuston Construction Company 21,936.00 ABJ Enterprises 22,872.00 Nordling Construction 21,552.00 Norman T. Berglund 16,875.00 Orvehdall Construction 22,950.00 Nesruhs Construction Inc. 19,163.00 Keho Construction 19,300.00 Glanton Construction Co. 16,915.00 R. 0. Westlund Construction Co. 22,000.00 Henning Nelson Construction 24,500.00 King Construction Co. 23,650.00 Earl Weilke & Sons, Inc. 16,836.00 D. S. Trudeau Construction 16,570.00 G. G. Krantz & Sons 16.030.00 Gem Construction 17,322.00 Dean & Associates 21,390.00 Ll 1 Regular Meeting of the City Council *Bids - Backstop and Fencing November 17, 1981 MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the installation of backstops and fencing at Sandburg Junior High to the lowest responsible bidder, Midwest Fence Company in the amount of $26,113.44. The bids were as follows: Midwest Fence Company $26,113.44 Warners 38,224.20 Crown of Minnesota 28,995.36 Crowley Fence Company 31,108.44 Fence Co, Inc. 28,191.88 Viking Fence Company 28,337.00 Century Fence Company 27,267.48 Receipt of Bids for Second North Wirth Parkway Bond Issue Holmer Dodge - Evenson-Dodge- was present to review the bids for the second North Wirth Parkway Bond Issus and answer questions from the Council. Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO $560,000 GENERAL OBLIGATION TAX INCREMENT BONDS; AWARDING THE SALE THEREOF 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 and Stockman, 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 RELATING TO $560,000 GENERAL OBLIGATION TAX INCREMENT BONDS; FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR AND LEVYING THE TAXES FOR THE PAYMENT THEREOF 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 and Stockman, 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 Announcements of Meetings Mayor Thorsen and Councilmember Stockman will meet on Novmeber 25, 1981 at 4:30 PM in the Gold Room with representatives of the Breck School. Councilmembers Johnson and Stockman will meet on November 23, 1981 at 3:30 PM in the Gold Room regarding appointments to various Commissions. Councilmembers Anderson and Johnson will meet on November 23, 1981 at 5:00 PM in the Gold Room to discuss changes in the park guidelines and team sports. 191 Regular Meeting of the City Council Announcements of Meeting - Continued November 17, 1981 The City Council will meet on December 5, 1981 from 8:00 AM to 2:00 PM at the B rookview Community Center. The meeting scheduled with the Breck Board on November 19, 1981 has been cancelled. Hopkins School Board Advisory Committee MOVED by Johnson, seconded by Stockman and motion carried unanimously to appoint Mary Hepokoski to the Hopkins Board Advisory Committee for Continuing Education and Services. Request for Information from Human Rights Commission MOVED by Johnson, seconded by Stockman and motion carried unanimously to have the Human Rights Commission review the Public Display Ordinance after the City receives it back from the National Obscenity Center. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 10:30 PM. LW" /I /' -!xion, Mayor Pro- em ATTEST: r1allo, Secretaryo 1 i r -I