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02-02-82 City Council MinutesRegular Meeting of the City Council February 2, 1982 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 February 2, 1982 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; Acting City Attorney, Marinus Van Putten; and Deputy City Clerk, Judy Nally. Approval of Minutes - January 19, 1982 MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the minutes of the City Council meeting of January 19, 1982, as amended: Page 20: Public Item - Removal of Stop Signs on Laurel at Sumter - Fourth Paragraph - Correct last name of resident at 500 Sumter Avenue - "Brener". Seventh Paragraph - Add "the staff to" after request in the first line. Approval of Agenda MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the agenda of February 2, 1982, as amended: Addition of Item 5D: Attorney Request for Executive Session Regarding Animal Humane Society Lawsuit Approval of Consent Agenda MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize payment of the bills as submitted. *Claim from Dean Paulson MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the claim and refer it to the Attorney and the insurance company. *Licenses MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the issuance of licenses #7295 to #7300. Solicitor's License and Perishable Food License - William Hall Lowell Odland reviewed the staff report for the perishable food license. William Hall - Proponent - was present to answer questions from the Council. Regular Meeting of the City Council February 2, 1982 Solicitor's License and Perishable Food License - William Hall - Continued MOVED by Johnson, seconded by Anderson and motion carried unanimously to deny the request for a door-to-door license for perishable food and request that the staff write a letter to Mr. Hall clarfying the reasons for denial which are: 1. No City control over the maintenance of temperatures of the frozen products while being handled for sale. 2. No way for the City to provide daily verification of the source of supply or the assurance that previous supplies not sold on any day were not tainted or contaminated through handling or maintenance of temperatures. 3. No way for the City to provide for control of weights and measures, i.e., farm products sold by pound, etc. 4. Proliferation of door-to-door sales of seasonal items in the community with no adequate controls or supervision of products or vendors. 5. Effects on local merchants who comply with all city, health and license requirements and who are taxpaying properties in the community. *Searchlight License - MGM Liquor MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the searchlight license for MGM liquor for February 11, 12, 13 and 15. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - January 25, 1982 Open Space and Recreation Commission - January 25, 1982 Bassett Creek Flood Control Commission - December 17, 1981 Tax Exempt Financing Committee - December 2, 1981 and January 6, 1982 Community Center Solicitation Committee - January 19, 1982 *Call for Public Hearing - General Plan Approval - PUD #33 - North Wirth Parkway MOVED by Johnson, seconded by Mitchell and motion carried unanimously to call a public hearing for approval of the General Plan of Development for PUD #33, North Wirth Parkway for March 2, 1982. *Call for Public Hearing - Preliminary Plat Approval - Teacher Addition - 3/2/82 MOVED by Johnson, seconded by Mitchell and motion carried unanimously to call a public hearing for approval of the Preliminary Plat of Teacher Addition, 2480 Winnetka Avenue North for March 2, 1982. Softball Rules Chuck Corlett - Acting Parks and Recreation Director - answered questions from the Council relative to softball rules. MOVED by Anderson, seconded by Johnson and motion carried unanimously to receive and file the softball rules and request that the Open Space and Recreation Commission review the softball rules yearly relative to the number of non-residents allowed to participate in relation to the availability of facilities. 1 Regular Meeting of the City Council February 2, 1982 Laurel Avenue Greenbelt MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the Laurel Avenue Greenbelt memo and discuss the report at the Council/ Manager meeting of February 9, 1982. Community Center Rental Fees MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the recommendation from the Open Space and Recreation Commission to increase the rental fee for non-residents to $350. General Sheet Metal Jerry Mundt and Dave Thompson - Tax Exempt Financing Committee Members - were present to answer questions from the Council. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to discuss the proposed changes to the Tax Exempt Financing Policy at the February 9, 1982 Council/Manager meeting. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to defer calling a public hearing for the proposal of General Sheet Metal for tax exempt financing until February 16, 1982. Call for Public Hearing - H. I. Enterprises Industrial Revenue Development Bonds - 3/2/82 Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON 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 City Clerk. See Resolution Book Pages 222-224. Request Issues for Review by the Executive Committee of the Community Center Solicitation Committee The Council is requested to forward any issues for review by the Executive Committee of the Community Center Solicitation Committee to Jeff Sweet by February 5, 1982. Set New Date with Communitv Center Solicitation Committee MOVED by Johnson, seconded by Mitchell and motion carried unanimously to set a meeting with the Community Center Solicitation Committee for March 11, 1982 at 7:00 PM at the City Hall. Regular Meeting of the City Council February 2, 1982 Public Hearing - First Reading - Conditional Use Permit for Car Rental and Repair Services - 7000 Wayzata Bou evar Jim Lupient - Proponent - was present to answer questions from the Council. Mike Miller - Planning and Redevelopment Coordinator - was present and reviewed the Planning Commission and staff recommendations and answered questions from the Council. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Industrial Zoning District) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing or seeing no one, the Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. Landscaping to the specifications of the Building Board of Review of the 35 foot front yard area on the three sides of the site facing streets. 2. Removal of gasoline pumps and underground fuel storage tanks in accordance with City tank removal guidelines promulgated by the City Fire Marshal and City Building Inspector, except for one pump island which may be retained for Jim Lupient sales and rental car use. 3. The exterior building materials to be determined by the Building Board of Review. 4. Limitation of the number of cars parked to the south and east of the building to 11 as indicated on the site plan and limitation of the number of cars parked to the north of the building to the number reasonably spaced outside of the 35 foot minimum setbacks from the streets on the east and north, to be delineated on plans submitted for approval of the Building Board of Review prior to issuance of a building permit for the proposed addition. 5. Violation of any of the above conditions shall be grounds for revocation of the Conditional Use Permit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - First Reading - Conditional Use Permit for Service Station - 69 0 Wayzata Boulevard Leo Martin - Proponent - was present to answer questions from the Council. Mike Miller - Planning and Redevelopment Coordinator - was present and reviewed the Planning Commission and staff recommendations and answered questions from the Council. Regular Meeting of the City Council February 2, 1982 Public Hearing - First Reading - Conditional Use Permit for Service Station - 6980 Wayzata Boulevard - Continue MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Industrial Zoning District) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing or seeing no one, the Mayor closed the public hearing. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following condition: 1. Vehicle parking on-site shall be restricted to those areas designated for parking on the site plan only. Violation of this condition shall be grounds for revocation of the Conditional Use Permit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - First Reading - Conditional Use Permit for Trunk Rental - 6980 Wayzata Boulevard Leo Martin - Proponent - was present to answer questions from the Council. Mike Miller - Planning and Redevelopment Coordinator - was present and reviewed the Planning Commission and staff recommendations and answered questions from the Council. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to bring on the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Industrial Zoning District) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing or seeing no one, the Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. The operators of said business understand and agree not to park any rental trucks and/or trailers within any parking area needed for required off street parking as noted by the City Zoning Ordinance in accordance with the approved site plan. 2. All vehicles and equipment used for rental purposes must be stored elsewhere on the site and properly screened from view. 3. Violation of any of the above conditions shall be grounds for revocation of the conditional use permit. 24 Regular Meeting of the City Council February 2, 1982 Public Hearing - First Reading - Conditional Use Permit for Trunk Rental - 6980 Wayzata Boulevard - ontinue Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - RSL 128 - Glenden Terrace Lowell Odland presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. John Malinka - 2925 Regent Avenue North - He had questions regarding the spacing of poles, the City's overall plan for street lights, costs, benefits to residents and how the lights turn on and off. The Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to rescind Resolution 28 regarding RSL 120. Member Anderson introduced and read the following resolution and moved its adoption: Public Hearing - CDBG Program Amendment for Ewald Redevelopment Project Alda Peikert - Planning Assistant - reviewed the amendment and answered questions. 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 AMENDING THE CITY OF GOLDEN VALLEY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 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 Pages 226-227. RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 128 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 225. Public Hearing - CDBG Program Amendment for Ewald Redevelopment Project Alda Peikert - Planning Assistant - reviewed the amendment and answered questions. 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 AMENDING THE CITY OF GOLDEN VALLEY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 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 Pages 226-227. Regular Meeting of the City Council February 2, 1982 Public Hearing - CDBG Program Amendment for Ewald Redevelopment Project - Continued Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION FINDING THE EWALD PROPERTY IN GOLDEN VALLEY TO BE BLIGHTED AND A BLIGHTING INFLUENCE ON THE SURROUNDING NEIGHBORHOOD 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 Pages 228-229. Public Hearinq - Second Readinq - False Alarm Ordinance MOVED by Anderson, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (The Alarm Ordinance) 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 Mitchell, seconded by Johnson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Public Hearinq - Second Readinq - Wine License Ordinance 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 CITY CODE (Liquor and Beverages) 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 Johnson, seconded by Mitchell and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Poppleton & Associates - Evaluation of Bor-Son Housing Request Sam Poppleton - Poppleton & Associates - reviewed the evaluation of the housing request. Alda Peikert - Planning Assistant - reviewed the financing available from CDBG funds. Don Jacobson - Bor-Son - updated the Council on the meetings which were held with the residents surrounding the project, and reviewed the buy -down financing. Regular Meeting of the City Council February 2, 1982 Poppleton & Associates - Evaluation of Bor-Son Housing_ Request - Continued MOVED by Mitchell, seconded by Johnson and motion carried unanimously to adopt the timetable and to authorize the staff to take the necessary action to implement it. *Letter from Kay Gaaland Regarding Breck Antiques Show and Sale MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the request from Breck School for a Antiques Show on April 23, 24 and 25, 1982, subject to the following conditions: 1. The City post temporary no parking signs for both sides of Ottawa Avenue from Glenwood Avenue to Roanoke. 2. Provide an off-duty patrolman or similar individual for traffic control and to direct parking around the area, especially during expected peak hours at Glenwood Avenue and Ottawa Avenue. 3. Signs proposed would not be portable flashing type signs and the sign at Ottawa Avenue and Glenwood Avenue would be informational and/or directional and limited to 2 feet x 3 feet in size. 4. Fire lanes as posted and access to the school be maintained for fire and public safety vehicles. M. A. Mortenson - Request for Graco to Obtain the Industrial Revenue Bond Financinq in Lieu of M. A. Mortenson Noting that she would abstain from discussion and voting on this issue, Mayor Thorsen passed the gavel to Mayor Pro Tem Anderson stating a potential conflict of interest with M. A. Mortenson. Roger King - Graco Vice President - was present to answer questions and concerns of the Council. Call for Public Hearinq - Graco Industrial Development Revenue Bonds - 3/2/82 Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON 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 abstained: 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 City Clerk. See Resolution Book Pages 230-232. Public Display Ordinance Pat Hennessy - Attorney for Best & Flanagan - reviewed the proposed ordinace and answered questions from the Council. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to table this item with the intent that each Council Member will prepare a response, and forward the response to the Mayor by March 16, 1982, as to what action they feel should be taken. Regular Meeting of the City Council February 2, 1982 Budget Reduction Plan Jeff Sweet reviewed the recommended budget reductions proposed and answered questions. MOVED by Mitchell, seconded by Stockman and motion carried unanimously to authorize amending the budget to reflect the City Manager's recommended budget cuts, as follows: Revenue: Golf Car Midwest $67,500 Egebergs-Harley Davidson 71,550 *Printing of Police Department Forms - Quotes MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize acceptance of the low quote from Mack Forms to print forms for the Public Safety Department for $2,546.77. The quotes were as follows: Watt -Peterson $10,994.00 Brooklyn Printing & Advertising 3,213.30 American Color Press 3,260.38 Mack Business Forms 2,546.77 *Bleachers for Sandburg Junior High - Quotes MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize acceptance of the low quote from Klien & Associates for the purchase of Miracle Bleachers for Sandburg Junior High for $4,900. The quotes were as follows: Klien & Associates $ 4,900 (Miracle) Earl F. Anderson & Associates 5,846 (Stadium Unlimited - Galvanized Steel) 5,597 (Stadium Unlimited - #10 Weathering Steel) Minnesota Playground 6,696 (Aluma Stands) 5,561 (Dant Bleacher) Decrease Ad Valorem Tax (homestead credit portion) $ 14,000 Decrease State Aid 128,308 $T T2—,,0$ Increase - Charge to HRA 15,000 Increase - New Charge - Tree Disease 6,635 Expenditures: Decrease - Storm Sewer 12,000 Decrease - Salaries - Public Safety Administration 20,000 Decrease - Salaries - Parks and Recreation Administration 44,087 Decrease - Salaries - Parks Maintenance - General 36,913 Decrease - Salaries - Parks Maintenance - Other 3,169 Decrease - Conferences & Travel - Accounting 700 Decrease - Conferences & Travel - As determined by the City Manager 3,844 $1TZ UR *Furnishing of Rental Golf Carts - Bids MOVED by Johnson, acceptance seconded by Mitchell and motion carried unanimously to authorize of the low bid from the lowest responsible bidder, Golf Cart Midwest, to supply golf carts for the Brookview Golf operation during the 1982-1984 seasons for $67,500. The bids were as follows: Golf Car Midwest $67,500 Egebergs-Harley Davidson 71,550 *Printing of Police Department Forms - Quotes MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize acceptance of the low quote from Mack Forms to print forms for the Public Safety Department for $2,546.77. The quotes were as follows: Watt -Peterson $10,994.00 Brooklyn Printing & Advertising 3,213.30 American Color Press 3,260.38 Mack Business Forms 2,546.77 *Bleachers for Sandburg Junior High - Quotes MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize acceptance of the low quote from Klien & Associates for the purchase of Miracle Bleachers for Sandburg Junior High for $4,900. The quotes were as follows: Klien & Associates $ 4,900 (Miracle) Earl F. Anderson & Associates 5,846 (Stadium Unlimited - Galvanized Steel) 5,597 (Stadium Unlimited - #10 Weathering Steel) Minnesota Playground 6,696 (Aluma Stands) 5,561 (Dant Bleacher) 29 Regular Meeting of the City Council Deferred Compensation Plan February 2, 1982 MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve the amendment to the contract and authorize the City Manager to enter into an agreement with Aetna Life Insurance and Annuity Company. Attorney's Request for Executive Session Regarding Animal Humane Society Lawsuit MOVED by Johnson, seconded by Mitchell and motion carried unanimously to call an Executive Session of the City Council to confer with the City Attorney regarding the Animal Humane Society Lawsuit for February 10, 1982 at 4:00 PM. Announcements of Meetings Council Member Anderson, Mayor Thorsen, Jeff Sweet and Lowell Odland will meet on February 8, 1982 at 3:30 PM in the City Manager's Conference Room regarding I-394. Council Member Stockman and Mayor Thorsen will meet every Thursday from February 4, 1982 to March 25, 1982 from 4:30 PM to 6:00 PM in the Valley Room regarding Brookview. Arrangements for Commission Interviews The Council will interview all those persons who applied for Commission appointments. Jan Prazak, George Murad and Harold Younghans were added to the list of persons who will be asked if they are interested in serving on a Commission. Council Member Stockman and Mayor Thorsen will interview prospective Commission members on February 10, 1982 at 6:45 PM in the Valley Room. Council Members Johnson and Mitchell will interview prospective Commission members on February 17, 1982 at 4:00 PM in the Valley Room. Brookview Subcommittee Report Council Member Stockman stated the Brookview Subcommittee will keep the Council updated and informed of any information regarding the Brookview Study Committee. Any Council Member who has questions regarding the Brookview Study Committee should contact Council Member Stockman, Mayor Thorsen or Jeff Sweet. MOVED by Mitchell, seconded by Stockman and motion carried unanimously to receive and file the Work Tasks and Schedule of Meetings for the Brookview Study Committee. Adjournment MOVED by Mitchell, seconded by Anderson and motion carried unanimously to adjourn the meeting at 11:00 PM. 1 Regular Meeting of the City Council ATTEST: %4m.q,94 J y Na y, Deputy City C er February 2, 1982 Rosemary Thorse r