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08-17-82 City Council MinutesRegular Meeting of the City Council August 17, 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 August 17, 1982 at 6:30 PM. The following members were present: Johnson, Mitchell, Stockman and Thorsen and the following were absent: Anderson. Also present were: City Manager, Jeff Sweet; City Engineer, Lowell Odland; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally. Approval of Minutes - August 3, 1982 MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the minutes of the City Council meeting of August 3, 1982, as submitted. Approval of Agenda MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the agenda of August 17, 1982, as submitted. Approval of Consent Agenda MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Notice of Trial - Conciliation Court - Richard and Susan Bunin MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the Summons and Notice of Trial for Conciliation Court filed by Richard and Susan Bunin. *Notice of Trial - Conciliation Court - Arthur and Kathleen Gottsch MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the Summons and Notice of Trail for Conciliation Court filed by Arthur and Kathleen Gottsch. *Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #7763 to #7767; heating license #5395. *Raffle License - Citizens Band Serving People, Inc. MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of a raffle license to Citizens Band Serving People, Inc. Regular Meeting of the City Council August 17, 1982 *Itinerant Food License - 5th Northwestern Bank MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the itinerant food license for the 5th Northwestern Bank for the following dates and times: August 27, 1982 from 11:00 AM to 2:00 PM, September 8, 1982 from 4:00 PM to 8:00 PM and September 25, 1982 from 11:00 AM to 4:00 PM. *Minutes of Boards and Commissions MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - August 9, 1982 *Call for Public Hearing - Preliminary Design Plan - PUD #36 - 23rd and Winnetka - MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider the preliminary design plan for PUD #36, 23rd and Winnetka for September 7, 1982. *Approve Form of Summary for Dog Control Ordinance MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the publication of the Dog Control Ordinance in summary form as submitted. Informal Hearing -..South Tyrol Frontage Road Lowell Odland reviewed the report submitted by MnDOT. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. A. M. Oppegard - 4117 Wayzata Boulevard - He is opposed to the extension of the frontage road. Linda Ahlberg - 4410 Tryol Crest - She is in favor of the extension. Jim Heintz - 1308 Tyrol Trail South - He is in favor of the extension, but has concerns over residents being able to get out of the neighborhood. Carolyn Papke - 1515 Kaltern Lane - She is in favor of the extension and had questions regarding MnDOT accepting our recommendation. Mrs. B. E. Taber - 1527 Kaltern Lane - She had questions regarding the installation of a stop sign at the service road. Mrs. G. F. Ginner - 1500 Tyrol Trail South - She is in favor of the road and asked if a number of stop signs can be installed on the service road. Peter Neubeck - 1504 Tyrol Trail South - He stated that there is a blind curve at Brenner Pass and South Tyrol Trail which is very steep and is a safety problem. Winnifred Hed - 1421 Brenner Pass - She had questions regarding the use of the access at Prudential. C Regular Meeting of the City Council August 17, 1982 1� Informal Hearing - South Tyrol Frontage Road - Continued Joseph Lee 4400 Tyrol Crest - He is in favor of the extension and feels there should be more than one access in and out of the area. James Heidelberg - 1304 Tyrol Trail South - He feels that a series of stop signs should be installed on the frontage road to cut down on the through traffic. Bob Papke - 1515 Kaltern Lane - He had questions regarding the traffic study. The Mayor closed the public hearing. Member Stockman introduced and read the following resolution and moved its adoption: RESOLUTION REQUESTING EXTENSION OF SOUTH TYROL FRONTAGE ROAD 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: Johnson, Mitchell, Stockman and Thorsen, and the following were absent: Anderson, 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 379. Public Hearing - Amendment to CDBG Program 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 Mitchell 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 Johnson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Mitchell, Stockman and Thorsen, and the following were absent: Anderson, 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 380. Public Hearing - First and Second Reading - Miscellaneous Amendments to the City Zoning Code Respecting Conditional Uses MOVED by Johnson, seconded by Mitchell and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Miscellaneous Matters) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express the views thereon. Mary Constantine - 2400 Zealand Avenue North - She would like to see the amendments passed so she can operate a dance studio. Regular Meeting of the City Council August 17, 1982 .53 Public Hearing - First and Second Reading - Miscellaneous Amendments to the City Zoning Code Respecting Conditional Uses - Continued The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Jeff Sweet stated that staff recommends that the second reading be given since the hearing was opened at the last Council meeting. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Miscellaneous Matters) 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. Upon a roll call vote, the vote was as follows: JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - Second Reading - Rezoning to R-2 - 8179 Medicine Lake Road 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 (Two -Family (R-2) Residential Zoning District) 8179 Medicine Lake Road The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Richard Leonard - Proponent - He was present to answer questions from the Council. 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. Upon a roll call vote, the vote was as follows: JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - Second Reading - Conditional Use Permit - 1710 Douglas Drive MOVED by Mitchell, seconded by Johnson and motion carried unanimously to bring on the table for second reading the ordinance amendment entitled: n Regular Meeting of the City Council August 17, 1982 v. Public Hearing - Second Reading - Conditional Use Permit - 1710 Douglas Drive - Continued AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Business and Professional Office Zoning District) 1710 Douglas Drive North 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. Upon a roll call vote, the vote was as follows: JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Waiver of Public Hearing - RSL 133 - 6351 Western Avenue Lowell Odland presented the project. Member Stockman 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 RSL 133 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: Johnson, Mitchell, Stockman and Thorsen, and the following were absent: Anderson, 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 381-382. Letter from Irene Bolier Regarding Stop Sign on Golden Valley Road and Rhode Island MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Irene Bolier, dated July 30, 1982, regarding stop sign on Golden Valley Road and Rhode Island. *Letter from Kenneth Johnson, NWSCCC Regarding 1983 Budget MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the Northwest Suburbs Cable Communications Commission budget for the 1983 fiscal year. Letter from James and Monica Linhoff Regarding BZA Appeal Policy James Linhoff appeared before the Council and stated he felt that both the applicant and any resident should have the right to appeal a decision by the BZA. Regular Meeting of the City Council August 17, 1982 Letter from James and Monica Linhoff Regarding BZA Appeal Policy - Continued Robert Skare reviewed his opinion and answered questions from the Council. Jeff Sweet reviewed other considerations the Council should consider if the policy is changed. MOVED by Johnson, seconded by Stockman and motion carried unanimously to consider a possible change in the BZA appeal process at the Council/Manager meeting of October 12, 1982, with the staff to report on the history of the number of requests for an appeal, the reasoning behind the establishment of the policy, and comments from the BZA on the proposed change. *Notice of Change of Manager - Samurai Steak House MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Monte Hanamura, General Manager, The Samurai, dated July 12, 1982, notifying the City of the change of manager. Letters from Gordon Landsman, Frank Gaertner and Milton Bix Regarding Turners Crossroad Frontaqe Road MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the letters from Gordon Landsman, dated February 17, 1982; Frank Gaertner, dated August 11, 1982; and Milton Bix, dated August, 12, 1982; regarding Turners Crossroad frontage road. Ralph Green - Owner - Tyrol Medical Clinic - stated he is opposed to changing the frontage road at the present time and requested that because he will be out of the country September 7 he is requesting that the informal hearing to consider the Turners Crossroad frontage road be considered at the September 21 council meeting. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to continue the informal public hearing to consider the Turners Crossroad frontage road to the September 21, 1982 Council meeting. Resolution Setting Charges for Animal Control Services Jeff Sweet reviewed the recommended charges for animal control services and answered questions from the Council. Member Johnson introduced and read the following resolution and moved its adoption; changing the effective dates from September 1, 1982 thru December 31, 1982. RESOLUTION ESTABLISHING LICENSE, IMPOUNDING AND BOARDING FEES FOR THE DOG CONTROL ORDINANCE 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: Johnson, Mitchell, Stockman and Thorsen, and the following were absent: Anderson, 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 383. Regular Meeting of the City Council August 17, 1982 Manaqement Plan for the Rental Portion of PUD #30-B - Medley Park Townhouses Jay Pearson - Human Rights Commissioner - and Gerald Kimmer - Realty Management Services - were present to review the management plan for the rental portion of PUD #30-B and answer questions from the Council. Management Plan for the Rental Portion of PUD #30-B - Medley Park Townhouses - ontinued MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the Management Plan for the subsidized portion of PUD #30-B, Medley Park Townhouses, with inclusion of Addendum #1 as approved by the Golden Valley Human Rights Commission Housing Committee and amend the Management Plan to include that prospective tenants be given a copy of the blank lease prior to signing the lease so they can review and understand it and also state that tenants have up to seven days to report any defects at the time they move in. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to designate the Golden Valley Human Rights Commission as the liaison and review team for the subsidized rental portion of PUD #30-B, Medley Park Townhouses, with the Human Rights Commission role as outlined in Addendum #1 to the Management Plan for the Medley Park Townhouses. *Railroad Crossinq Reqardinq Reconstruction on 10th Avenue North MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the expenditure of $15,014.80 in payment to C.N.W. Railway, from the Municipal State Aid Fund, for street repair for the railroad crossing reconstruction on 10th Avenue North. *Call for Public Hearing - Setting Fees for BZA Waivers - 9/7/82 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider setting fees for BZA waivers for September 7, 1982. *Bids - Civic Center Heatinq and Air Conditionin MOVED by Stockman, seconded by Johnson and motion carried unanimously to award the bid to work on the heating and air conditioning system to the lowest responsible bidder, Pnuematic Controls, Inc., for $14,532.00, subject to the following deletions: Delete Item #8, Air Side, relocation of thermostat in Zone 3 and Delete Item #4, Water Side, repiping radiation in rooms 116, 117 and 118. The bids were as follows: Pneumatic Control UHL $14,532.00 23,871.00 *Bids - Civic Center Exterior Window Repair and Renovation MOVED by Stockman, seconded by Johnson and motion carried unanimously to award the bid for window repair and renovation, without alternate #1, to the lowest responsible bidder, Gem Construction for $67,987.00. The bids were as follows: Gem Construction $67,987.00 G. G. Kranz and Sons, Inc. 73,990.00 Morcon Construction 77,900.00 Falls & Nyhusmoen Con. 68,503.00 1 1 Regular Meeting of the City Council *Quotes - Seal Coat Aggregate August 17, 1982 MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase seal coat aggregate to be used on trails and park parking lots from the lowest responsible bidder, Barton Sand and Gravel Company for $6.25/ton delivered and $4.00/ton pick-up. The quotes were as follows: Barton Sand and Gravel J. L. Shi ely Company *Quotes - Soccer Shirts Delivered Pick-up 6.25 ton $W_.0_0_/ ton 7.45/ton 5.05/ton MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase 375 youth shirts and 75 adult shirts for the youth soccer program from the lowest responsible bidder, Kokesh Athletics for $4.40 youth and $4.70 adult and $35.00 freight charge. The quotes were as follows: Bids - 82 SI 7 and 82 SI 8 Youth Adult Freight Kokesh Athletics TT -.W TT. -7U $33.6—est. Gopher Sports 5.35 5.85 included General Sports 4.88 5.37 35.00 est. All Star Sports 4.44 4.77 35.00 est. Bids - 82 SI 7 and 82 SI 8 Bids - 82 SI 16, 82 CW 1 and 1982 Miscellaneous Concrete Repair MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the bid for 82 SI 16, 82 CW 1 and 1982 Miscellaneous Concrete Repair to the lowest responsible bidder, Minnesota State Curb and Gutter in the amount of $49,085.70. The bids were as follows: Corrected Amount Amount Minnesota State Curb & Gutter $4T6$5:70 �K— Lindahl & Carlson 65,971.35 OK Sam Con Corporation 61,478.70 $61,478.45 Victor Carlson & Sons 52,891.70 52,896.70 *Budget Adjustments - Motor Vehicle Department MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the following budget adjustments: MOVED by Stockman, seconded by Johnson and motion carried unanimously to award the bid for 82 SI 7 and 82 SI in the amount of $205,744.41. 8 to the lowest The bids were responsible bidder, Hardrives Inc. as follows: Corrected Amount Amount Hardrives, Inc. $205,744.41 OK Asphalt Paving Materials 206,181.03 OK Bury and Carlson 215,551.64 OK Northwest Asphalt 232,571.25 $232,544.25 Bids - 82 SI 16, 82 CW 1 and 1982 Miscellaneous Concrete Repair MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the bid for 82 SI 16, 82 CW 1 and 1982 Miscellaneous Concrete Repair to the lowest responsible bidder, Minnesota State Curb and Gutter in the amount of $49,085.70. The bids were as follows: Corrected Amount Amount Minnesota State Curb & Gutter $4T6$5:70 �K— Lindahl & Carlson 65,971.35 OK Sam Con Corporation 61,478.70 $61,478.45 Victor Carlson & Sons 52,891.70 52,896.70 *Budget Adjustments - Motor Vehicle Department MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the following budget adjustments: Regular Meeting of the City Council August 17, 1982 *Budget Adjustments - Motor Vehicle Department - Continued General Fund: Revenue - Administrative Charges to Motor Vehicle Fund $5,700 Expenditure - Program 105 - Data Processing 5,700 Motor Vehicle Fund: General Fund Overhead - Program 798 $5,700 Motor Vehicle Licensing - Program 799 <5,700> Authorization to Paint Brookview Buildin MOVED by Mitchell, seconded by Johnson and motion carried unanimously to authorize the hiring of Jim Jackson Paint Service in the amount of $1,380 and to authorize a budget increase of $1,380 in Contractural Maintenance Building, Community Center Budget with the net reduction in projected profit. Re -Set September Council/Manager Meeting and November Council Meeting MOVED by Johnson, seconded by Mitchell and motion carried unanimously to re -set the September Council/Manager meeting to September 15, 1982 at 4:30 PM and to re -set the first Council Meeting in November to November 3, 1982 at 6:30 PM. Announcements of Meetinqs Council Members Mitchell and Stockman will meet on September 15, 1982 at 3:30 PM in the Gold Room with Jeff Sweet and the Human Rights Commission Subcommittee regarding 1983 budget. Council Member Stockman and Mayor Thorsen will meet with the Brookview Study Committee on August 19, 1982 at 4:30 PM in the Gold Room. Council Member Stockman and Mayor Thorsen will meet on August 20, 1982 at 4:30 PM at Brookview with Jeff Sweet regarding Brookview. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 8:45 PM. RoseMary Th Mayor ATTEST: J�y Nal14 Deputy City C k 1