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09-07-82 City Council MinutesRegular Meeting of the City Council September 7, 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 September 7, 1982 at 6:30 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; Assistant City Engineer, Tom Snetsinger; Assistant City Attorney, Allen Barnard; and Deputy City Clerk, Judy Nally. Approval of Minutes - August 17, 1982 MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the minutes of the City Council meeting of August 17, 1982, as submitted. Approval of Agenda 159 MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve the agenda of August 17, 1982, as amended: Addition of Item 3E: Fire Department Request to Serve Alcohol at Softball Game 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. *I i rPncPt MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #7770 to #7775; and heating licenses #5396 to #5400. *Solicitor's License - Thomas Zellner - Good Shepherd School MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Thomas Zellner on behalf of Good Shepherd School. *Solicitor's License - Henrietta Hanson MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Henrietta Hanson. Administrative Hearing - Dangerous Building at 3202 Kyle Avenue North Jeff Sweet updated the Council on the progress being made by Gene Volk on the building at 3202 Kyle Avenue North and distributed a letter from Braun Engineering summarizing the work which has been completed to date. 60 Regular Meeting of the City Council September 7, 1982 Administrative Hearing - Dangerous Building at 3202 Kyle Avenue North - Continued Gene Volk - He stated the seeding will be done in the next couple of weeks and requested that he be given a 30 to 45 day extension on the completion date for the interior work. 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 continue the administrative hearing of the dangerous building at 3202 Kyle Avenue North to October 19, 1982. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - August 23, 1982 Open Space and Recreation Commission - August 23, 1982 Board of Zoning Appeals - August 10, 1982 Building Board of Review - August 16, 1982 Introduction of New Detached Worker - Kandi Larson by Frankie Francel - YMCA Frankie Francel - Associate Executive Director - updated the Council on the Detached Worker Program, reviewed the funding and answered questions from the Council. Kandi Larson - Detached Worker - reviewed the programs which she is currently working on and answered questions from the Council. Public Hearing -_Placement of "No Parking" Signs on Zane and Lindsay Jeff Sweet reviewed the petition request. Tom Snetsinger reviewed the existing sign zones 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. Ann Wilson - 1125 Welcome Circle - Proponent - She was present to answer questions from the Council. John Schumacher - 1114 Zane Avenue North - He has concerns over where the incoming trucks would park when they come at night while working for his firm. Russell Allanson - 1114 Welcome Circle - He suggested that information regarding where to park when coming at night should be put on the purchase orders. Jeff Carlson - 1105 Welcome Circle - He stated that the noise at night is very loud, that trucks are parking in the no parking area and suggested that Mr. Schumacher make arrangements with other companies in the area to use their lots for the overnight parking of trucks. Regular Meeting of the City Council September 7, 1982 Public Hearing - Placement of "No Parking" Signs on Zane and Lindsay - Continued Ms. Ivan Kadiesky - 1117 Welcome Circle - She stated that the noise at night is so loud you have to keep your air conditioning on just to sleep. The Mayor closed the public hearing. Staff was asked to report back to the Council on how the existing sign zones were originally established. Member Anderson introduced and read the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON LINSAY STREET 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 384. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON ZANE AVENUE 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 385. Member Mitchell introduced and read the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON ZANE AVENUE 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 386. Public Hearing - Preliminary Design Plan - PUD #36 - 23rd and Winnetka Donna Zitur - Proponent - was present to answer questions from the Council. Dave Thompson - Planning Commissioner - stated that the Planning Commission recommended approval of the preliminary design plan 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. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council September 7, 1982 Public Hearing - Preliminary Design Plan - PUD #36 - 23rd and Winnetka - Continued MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the preliminary design plan for PUD #36, subject to the following conditions: 1. Submission of a detailed landscape plan for complete quality landscape treatment including a planting schedule with the General Plan of Development and approval of the landscape plan by the Building Board of Review and provision of a landscape bond in an amount stipulated by the Building Board of Review prior to City Council authorization of signature of the PUD Permit and Final Plat for PUD #36. 2. Submission of Homeowners Association agreements and bylaws, driveway easements and any appropriate deed restrictions or covenants with the General Plan of Development and approval of these documents by the City Attorney prior to City Council approval of the General Plan of Development for PUD #36. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - Preliminary Design Plan for Amendment - PUD #1-B - Colonial Acres James VanVugt - Proponent - was present to answer questions from the Council. Dave Thompson - Planning Commissioner - stated that the Planning Commission recommended approval of the preliminary design plan 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the preliminary design plan for an amendment to PUD #1-B. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Public Hearing - First Reading - Setting Fees for BZA Waivers MOVED by Anderson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Fees for Board of Zoning Appeals) 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 Anderson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title. 1 1 J Regular Meeting of the City Council September 7, 1982 Waiver of Public Hearing - 82 WM 2 - 9039 Medicine Lake Road Tom Snetsinger presented the project. Member Anderson 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 82WM2 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 Pages 387-388. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 82WM2 *Letter from Kenneth Johnson, NWSCC Regarding Resolution Opposing Proposed Federal Legislation on Cable TV Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION MEMORIALIZING THE HONORABLE RUDY BOSCHWITZ AND THE HONORABLE DAVID DURENBURGER TO OPPOSE ENACTMENT BY THE UNITED STATES SENATE OF SENATE BILL S.2172, THE CABLE TELECOMMUNICATIONS ACT OF 1982 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 391. L The motion for the Mitchell and upon a adoption of the foregoing resolution was vote being taken thereon, the following seconded voted in by Member 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 389-390. *Letter from Kenneth Johnson, NWSCC Regarding Resolution Opposing Proposed Federal Legislation on Cable TV Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION MEMORIALIZING THE HONORABLE RUDY BOSCHWITZ AND THE HONORABLE DAVID DURENBURGER TO OPPOSE ENACTMENT BY THE UNITED STATES SENATE OF SENATE BILL S.2172, THE CABLE TELECOMMUNICATIONS ACT OF 1982 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 391. L 164 Regular Meeting of the City Council September 7, 1982 *Letter from Henry Haverstock, Jr. Regarding Naming Entrance to Golden Valley Health Center MOVED by Johnson, seconded by Stockman and motion carried unanimously to request the Mayor respond to Henry Haverstock, Jr. informing him that the City has no jurisdiction over the entrance road, and that such request should be referred to the Golden Valley Health Center. Letter from Marcella Mollers Regarding Diseased Elm Tree Marcella Mollers was present to review her reasons for wanting a diseased dutch elm tree removed from an exempt area near her home. Jeff Sweet reviewed the current exempt areas, reasons for designating the area as exempt and the costs involved in removing diseased trees in the area. It was suggested the Open Space Subcommittee of the Council review the exempt policy and report back to the Council. Mayor Thorsen will meet with Ed Silberman, Bassett Creek Flood Control Commission Member, regarding the management responsibilities of the Commission. MOVED by Anderson, seconded by Johnson and motion carried unanimously that the Council reluctantly concludes that it can not, at this time, authorize the removal of the tree as requested by Marcella Mollers. Letter from Donald Singer of BMGA Regarding Formation of Permanent Brookview Golf Course Commission Don Singer - BMGA - reviewed the request to form a permanent Brookview Golf Course Commission. Hal Younghans - BMGA and Open Space and Recreation Commissioner - stated that he feels the Open Space and Recreation Commission does not have the time to deal with the golf course and recommends approval of a Golf Commission. MOVED by Johnson, seconded by Anderson and motion carried unanimously to request the Open Space Subcommitte of the Council to research the idea of forming a permanent Brookview Golf Course Commission and report back to the Council at the October 5, 1982 meeting, including consideration of the following: 1. Define the duties and responsibilities of the Commission. 2. Define the relationship with the Open Space and Recreation Commission, Staff, and Brookview Study Committee. 3. Consider the formation of the Commission on a two year basis before making a permanent Commission. Fire Department Request to Serve Alcohol at Softball Game Jeff Sweet reviewed the request from the Fire Department. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve the request from the Fire Department to consume beer on September 12, 1982 at Medley Park subject to the following conditions: Regular Meeting of the City Council September 7, 1982 Fire Department Request to Serve Alcohol at Softball Game - Continued 1. The group uses the west diamond in order to be as isolated as possible. 2. Consumption of beer be moderate. 3. The area be left clear of debris. 4. Parking of cars be in the designated parking lot; no vehicles in the park area. *July Budget Report MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the budget report for July, 1982. *Memo from Green Superintendent Regarding Placement of "No Parking" Signs at Boone and Betty Crocker Drive Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION RESTRICTING PARKING ON BETTY CROCKER DRIVE 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 392. *Memo from City Engineer Requesting Hiring of Park Construction Co. for Pond Excavation Adjacent to Medley Park Townhouses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the hiring of Park Construction Company, for an estimated cost of $3,000, to provide the equipment necessary to excavate excess material from the City pond adjacent to the Medley Park Townhouses, funding for the project to come from Division No. 38, Storm Sewer Maintenance. *Call for Public Hearing - Conditional Use Permit - Calvary Center Day Care - MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an application for a Conditional Use Permit for location of a Day Care facility at 810 Rhode Island Avenue North for October 5, 1982. *Call for Public Hearing - Conditional Use Permit - Constantine Dance Studio - 0 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an application for a Conditional Use Permit for location of a dance studio at 8840 7th Avenue North in a Light Industrial Zoning District for October 5, 1982. L�j Regular Meeting of the City Council *Quotations - Lube Rack September 7, 1982 MOVED by Johnson, seconded by Stockman and motion carried unanimously to furnish and install a bank of reels for dispensing oil and grease in the shop from the lowest responsible bidder, NW Service Station Equipment for $5,092.00. The quotes were as follows: NW Service Station Equipment $5,092.00 Pump and Meter Service 5,906.00 *Quotations - Fencing for Storage Yard MOVED by Johnson, seconded by Stockman and motion carried unanimously to fence around the 10th Avenue side of the Public Works Storage Site from the lowest responsible bidder, Twin City Fence Company for $3,288.00. The quotes were as follows: Twin City Fence Company $3,288.00 Century Fence Company 3,335.00 Fenco-Co, Inc. 3,457.00 *1983 Budget MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and discuss the 1983 Budget at the scheduled budget meetings. *Attendance at Zoning Institute MOVED by Johnson, seconded by Stockman and motion carried unanimously to transfer funds to cover the cost of attendance at the Zoning Administration Conference of Lloyd Becker and Mike Miller from General Contingency to Divisions 15 and 16, 4331-166 for $700; 4411-166 for $200; 4331-168 for $290; 4411-168 for $25. Staff was asked to meet with the City Council and Planning Commission, at a possible joint meeting to review the information received at the Conference. *Additional Appropriations for Public Safety Building Remodeling MOVED by Johnson, seconded by Stockman and motion carried unanimously to amend the Building Fund of the Capital Improvements Program Budget by increasing the appropriation for public safety building remodeling by $6,300 and reduce the estimated Balance Forward by $6,300. Northwest Chamber of Commerce Contribution Jeff Sweet reviewed how the brochure would be put together and distributed. Staff was requested to find out how much it would cost to receive an additional 1,000 copies of the brochure. MOVED by Anderson, seconded by Johnson and motion carried unanimously to authorize $1,500 from the General Contingency to pay the City's share of the brochure. 1 LJ 1 d Regular Meeting of the City Council Announcements of Meetin September 7, 1982 Council Member Stockman and Mayor Thorsen will meet on September 22, 1982 at 3:30 PM in the Gold Room with Jeff Sweet regarding prosecution. Council Member Stockman and Mayor Thorsen will meet on September 20, 1982 at 4:30 PM in the Gold Room with Jeff Sweet regarding formation of a permanent golf commission. Council Member Stockman and Mayor Thorsen will meet with the Brookview Study Committee on September 9, 1982 at 4:30 PM at Brookview. Council Member Anderson and Mayor Thorsen will attend portions of the AMM/LMC Joint Meeting on September 16, 1982 in Maplewood. Council Member Stockman and Mayor Thorsen will tour the City with the Building Board of Review on September 8, 1982 starting at 4:30 PM. Council Members Anderson and Johnson will meet on September 13, 1982 at 3:00 PM in the Gold Room with Jeff Sweet regarding park policy. Council Member Johnson will be unable to attend the Council Meeting of November 3, 1982. 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. *Re -Set Council/Manager Meeting of September 14 to September 13 MOVED by Johnson, seconded by Stockman and motion carried unanimously to re -set the September Council/Manager meeting to September 13, 1982 at 4:00 PM. Attendance at MWCC Seminar Council Members Anderson and Stockman will attend the Spotlight on the Metropolitan Waste Control Commission meeting on September 24, 1982 in Hopkins. Park Policy Change Guidelines Council Members Anderson and Johnson will meet on September 13, 1982 at 3:00 PM in the Gold Room with Jeff Sweet regarding park policy. Adjournment MOVED by Mitchell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 9:30 PM. Regular Meeting of the City Council ATTEST: C Ju Nally -qAA&- Deputy Ci Clerk September 7, 1982 oZs�ry hoMayor LI 1