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07-20-82 City Council MinutesRegular Meeting of the City Council July 20, 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 July 20, 1982 at 6:30 PM. The following members were present: Anderson, Johnson, Stockman and Thorsen and the following were absent: Mitchell. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally. Approval of Minutes - July 6, 1982 MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the minutes of the City Council meeting of July 6, 1982, as submitted. Approval of Minutes - July 13, 1982 MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the minutes of the City Council Executive Session of July 13, 1982, as submitted. Approval of Agenda MOVED by Anderson, seconded by Stockman and motion carried unanimously to approve the agenda of July 20, 1982, as amended: Addition of Item 5E: Set Valley Square Public Hearing Date Addition of Item 6C: National League of Cities Convention Approval of Consent Agenda MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the issuance of licenses #7752 to #7754; heating licenses #5390 to #5392 and refrigeration license #5393. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Anderson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - July 12, 1982 Bassett Creek Flood Control Commission - June 17, 1982 1-32 Regular Meeting of the City Council July 20, 1982 *Approve Form of Summary for Ordinance Amendments to the Commercial Zoning District MOVED by Johnson, seconded by Anderson and motion carried unanimously to approve the publication of the Commercial Zoning Districts in summary form as submitted. Informal Public Hearing - 1982 Sidewalk Construction Lowell Odland reviewed the sidewalk contruction project for the north side of Laurel Avenue from Winnetka Avenue South to Rhode Island Avenue South. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mrs. E. W. Schack - 515 Winnetka Avenue South - She is not in favor of the project. Joan Carlsen - 521 Sumter Avenue South - She is not in favor of the project. Julie Kaplan - 520 Sumter Avenue South - She is not in favor of the project. Larry Carlsen - 521 Sumter Avenue South - He is not in favor of the project. Stafford Kaplan - 520 Sumter Avenue South - He is not in favor of the project. Norton Gray - 7700 Laurel Avenue - He is not in favor of the project. Roger Hammer - 3900 Glenwood Avenue - He had questions regarding what type of walkway is provided at the present time. The Mayor closed the public hearing. MOVED by Johnson, seconded by Anderson and motion carried unanimously to delete from the 1982 sidewalk program construction of the segment on the north side of Laurel Avenue from Winnetka Avenue South to Rhode Island Avenue South. Lowell Odland reviewed the sidewalk construction project for the east side of Douglas Drive from Sandburg Road to Duluth Street. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Eilnor Snodgrass - 2010 Douglas Drive - She is not in favor of the project. The Mayor closed the public hearing. MOVED by Anderson, seconded by Johnson and motion carried unanimously approve the segment in the 1982 sidewalk program on the east side of Douglas Drive from Sandburg Road to Duluth Street and order in the construction. Lowell Odland reviewed the sidewalk construction project for the north side of Glenwood Avenue from Parkview Terrace to Wirth Parkway. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Roger Hammer - 3900 Glenwood Avenue - He is in favor of the project. Regular Meeting of the City Council July 20, 1982 Informal Public Hearinq - 1982 Sidewalk Construction - Continued Petrenna Lowtnian - 21 Turners Crossroad South - She is in favor of the project. The Mayor closed the public hearing. Jeff Sweet stated that he had received a call from Joyce Orbuch, 3920 Glenwood Avenue, she stated she was not opposed to the sidewalk but she is requesting that the hedge be relocated at the city's expense and that the city follow-up to make sure the hedge survives. MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the segment in the 1982 sidewalk program on the north side of Glenwood Avenue from Parkview Terrace to Wirth Parkway and order in the construction. MOVED by Stockman, seconded by Johnson and motion carried unanimously to adjust the Capital Improvement Program in 1982 Public Works Reserve Fund in the amount of $40,000 for the Sidewalk Program and reduce the balance forward accordingly. Informal Public Hearing - Appeal of Board of Zoning Appeals Denial - A. J. Poppelaars Mahlon Swedberg - Board of Zoning Appeals Commissioner - presented the Board of Zoning Appeals's recommendation for denial of a request for a variance at 2445 Winnetka Avenue North and answered questions from the Council. Lloyd Becker - Zoning and Inspection Supervisor - reviewed the history of the project and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. A. J. Poppelaars - Proponent - reviewed the project and answered questions from the Council. Orlyn Zibley - 2480 Valders Avenue - He is not in favor of the project. Carl Hoffstedt - 2450 Valders Avenue - He is not in favor of the project. The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to affirm the findings and the decision of the Board of Zoning Appeals and find that there is no basis of hardship as required by city ordinance and by state law. Public Hearing - First Reading - Ordinance Repealing Non -Profit Exemption for Amusement Licenses MOVED by Anderson, seconded by Johnson and motion carried unanimously to bring on the table for first reading the ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Licensing of Amusements) 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. Regular Meeting of the City Council July 20, 1982 Public Hearing - First Reading - Ordinance Repealing Non -Profit Exemption for Amusement Licenses - Continue MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title. Public Hearing - Second Reading - Conditional Use Permit - 735 Colorado Avenue outh 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 (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 and seeing no one, the Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson 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 STOCKMAN - YES THORSEN - YES Public Hearing - Second Reading - Amendments to the Dog Control Ordinance 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 CITY CODE (Dog Control) 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. Jeff Sweet requested that the Ordinance not take effect until September 1, 1982. Council Members Stockman and Johnson questioned whether or not an exemption of the license fees could be provided for residents who have guide dogs. MOVED by Anderson, seconded by Johnson and motion carried unanimously to continue the item to the August 3, 1982 meeting to give the Attorney an opportunity to research the question regarding the waiving of the fee for residents with guide dogs. Public Hearing - Industrial Revenue Bond Application - Kraus -Anderson Jeff Sweet stated that the staff is recommending that the Council deny the application by Kraus -Anderson for industrial revenue bond financing because of their withdrawal of interest in the Busch project. 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. Regular Meeting of the City Council July 20, 19735 Public Hearing - Industrial Revenue Bond Application - Kraus -Anderson - Continued MOVED by Johnson, seconded by Anderson and motion carried unanimously to deny the industrial revenue bond application submitted by Kraus -Anderson. Public Hearing - General Plan Approval - PUD #35 - Busch Site Office/Warehouse Jeff Sweet stated that the owner of the property, Robert Busch, has requested that the Council withdraw from consideration the application for General Plan Approval of PUD #35. 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 Stockman and motion carried unanimously to honor the request of Robert Busch to withdraw consideration of the application for General Plan Approval of PUD #35. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Public Hearinq - Street Vacation - Busch Street MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from David Latvaaho, President, Golden Valley Little League, dated July 12, 1982, regarding use of Seeman Park. Jeff Sweet reviewed the request of the Little League for facilities at Seeman Park. MOVED by Anderson, seconded by Johnson and motion carried unanimously that the Council postpone the informal public hearing set for August 3 for the Seeman Park neighborhood until further and more complete information on the specific proposal as to use is available. *Extend Approval of the Hamman Addition Plat MOVED by Jeff Sweet stated that staff is recommending that the Council deny the request motion carried unanimously to extend for vacation of Busch Street at this time, because until the property is January 1, 1983. developed there are single family homes on Busch Street which will not abut a public street if the right-of-way is vacated. 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 Stockman and motion carried unanimously to deny the request to vacate Busch Street. Letter from David Latvaaho Regarding Golden Valley Little League Use of Seeman Park MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from David Latvaaho, President, Golden Valley Little League, dated July 12, 1982, regarding use of Seeman Park. Jeff Sweet reviewed the request of the Little League for facilities at Seeman Park. MOVED by Anderson, seconded by Johnson and motion carried unanimously that the Council postpone the informal public hearing set for August 3 for the Seeman Park neighborhood until further and more complete information on the specific proposal as to use is available. *Extend Approval of the Hamman Addition Plat MOVED by Johnson, seconded by Anderson and motion carried unanimously to extend the plat approval of the Hamman Addition to January 1, 1983. 11 -_ Regular Meeting of the City Council July 20, 1982 *Authorization to Sign Easement - PUD #30-B - Medley Park MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the Mayor and Manager to sign the cross easement for driveway purposes for PUD #30-B. *Authorization to Sign Use Permit - PUD #30-B - Medley Park MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the Mayor and Manager to sign the use permit for PUD #30-B. *Utility Appropriation to Utility Fund MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the following transfers: Increase Capital Outlay, 21-4540-750-82 - $6,825; Increase Sales or Loss of Assets - $1,895; and Appropriation from Utility Fund Balance - $4,930. *1982 Revenue Sharing Budget Adjustments MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the following adjustments in the 1982 Revenue Sharing Budget: Delete: Park Office Equipment $ 2,825 Park Maintenance Equipment 20,000 $22,-R5 Add: Fire Deluge Nozzle $ 2,450 Fire Department Monitors 975 Fire Department Pickup 9,500 Police Videotape System 3,200 Police Administrative Car 6,700 $22,825 *Set Hearing Date for Amendment to CDBG Program - 8/17/82 MOVED by Johnson, seconded by Anderson and motion carried unanimously to set a public hearing on an amendment to the City of Golden Valley Community Development Block Grant (CDBG) Program to provide additional CDBG funds for the Medley Park Townhouses Project. *Quotes - Football/Soccer Goals at Sandburg Junior High MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the purchase of football/soccer goals for Sandburg Junior High, from the lowest responsible bidders, FBSC-300 for $84 from Earl F. Anderson; SGP -735 for $2,118 and FBSC-300 for $905 from Kokesh from the Sandburg Construction Program of the Capital Improvement Budget, 93-773-4220. The quotes were as follows: FBSC-300 SGP -735 FBSC-300 Sleeves Goals Goals Minnesota Playground, Inc. $127.00 $2,154.60 $1,029.30 Kokesh Athletic & Gold Supplies 215.00 2,118.00 905.00 General Sports Athletic Equipment 190.00 2,788.00 1,225.00 Earl F. Anderson & Associates 84.00 2,242.00 1,014.00 Gopher Athletic 124.04 2,478.00 1,124.00 Regular Meeting of the City Council July 20, 198237 *Resolution Adopting Changes in the Employee Handbook Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ADOPTING CHANGES IN THE CITY OF GOLDEN VALLEY EMPLOYEE HANDBOOK 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, Stockman and Thorsen, and the following were absent: Mitchell, 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 366-367. Approval of Settlement with Animal Humane Society Jeff Sweet stated that staff would recommend the Council consider settling the Animal Humane Society case. MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the Attorney to settle the lawsuit between the City of Golden Valley and the Animal Humane Society for an amount of $64,225.29 and to authorize the Mayor and Manager to execute and sign all necessary documents. Golf Course Budget Adjustments Jeff Sweet reviewed the budget adjustments for the golf course, updated the Council on the status of the Brookview Study Committee and answered questions from the Council. MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize the following adjustments in the Brookview Budget: Delete: Revenue $42,950 Delete: Expenditures Golf Operations $20,579 Course Maintenance 5,485 Pro -Shop 4,250 Grill 7,278 Driving Range 2,000 Community Center Building 1,500 Par 3 Maintenance 3,215 $44,30T Set Valley Square Public Hearing Date Jeff Sweet requested that the Council set a hearing date regarding the Valley Square report. The Council will set the hearing date at the August 3, 1982 council meeting. Announcements of Meetings Council Member Stockman and Mayor Thorsen will meet with the Brookview Study Committee on July 22, 1982 at 4:30 PM at Brookview. Regular Meeting of the City Council *City Manager's Salary July 20, 1982 MOVED by Johnson, seconded by Anderson and motion carried unanimously to continue the City Manager's salary at the rate set January 1, 1982. National League of Cities Convention Council Member Anderson requested that Council investigate the conference and schools available to the Council as she may be attending the National League of Cities convention and wanted to see what other possibilities are available. Adjournment MOVED by Johnson, seconded by Anderson and motion carried unanimously to adjourn the meeting at 9:15 PM. ATTEST: J dy Nal , Deputy Ci it Clerk 1