10-05-82 City Council MinutesRegular Meeting
of the
City Council
October 5, 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 October 5, 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; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally.
Approval of City Council Minutes - September 21, 1982
MOVED by Mitchell, seconded by Stockman and motion carried unanimously to approve
the minutes of the City Council meeting of September 21, 1982, as amended:
Page 175: 1982 Audit Proposal - second line - add word - "estimated" cost. .
Approval of City Council Minutes - September 28, 1982
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the minutes of the Special City Council Meeting of September 28, 1982, as submitted.
Approval of Agenda
MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve
the agenda of October 5, 1982, as amended:
Addition of Item 5C: Northwest Chamber of Commerce Brochures
Addition of Item 6C: NAHRO Planning Institute
Addition of Item 6D: Park Tour
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.
*Licenses
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize
the issuance of licenses #7777 to #7778; and heating licenses #5403 to #5404.
*Solicitor's License - Camp Fire
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the solicitor's license for Ann Nelson on behalf of Minneapolis Council of Camp
Fire.
*Solicitor's License - Sunny Hollow PTSD
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the solicitor's license for Sunny Hollow PTSO.
Regular Meeting of the City Council
October 5, 1982
*Solicitor's License - Junior Careers
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the solicitor's license for Mark Geistfeld on behalf of Junior Careers.
*Solicitor's License - Dickmann Firewood
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the solicitor's license for Dickmann Firewood.
Searchlight License - Dr. & Mrs. Larry Saliterman - 2240 Lee Avenue North
Mrs. Saliterman - Proponent - was present to answer questions from the Council.
MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve
the searchlight license for Dr. and Mrs. Saliterman, 2240 Lee Avenue North, for
October 23, 1982 from 8:00 PM to 9:30 PM, subject to the following conditions:
1. That the searchlight be used primarily in a vertical manner so that at no
time will adjacent properties be directly affected by the lighting.
2. That if the number of guests may have the potential for traffic and parking
problems in the neighborhood, that the Saliterman's coordinate with the
Director of Public Safety prior to the event.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive
and file the minutes received as follows:
Bassett Creek Flood Control Commission - August 18, 1982
Planning Commission - September 27, 1982
Open Space and Recreation Commission - September 20, 1982
*Call for Public Hearing - Rezoning from Open Development to Business and
Professional Office - Northeast Corner of 23rd and Winnetka - 11/3/82
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to call a
public hearing to consider rezoning a vacant parcel of land on the northeast
corner of 23rd and Winnetka Avenue North from the Open Development to Business
and Professional Offices Zoning District for November 3, 1982.
Reopening Yosemite Skating Rink
Chuck Burmeister - Chair - Open Space and Recreation Commission - stated that
the Commission recommended that a skating rink be built and maintained at
Yosemite Park, subject to guidelines from the Maintenance Department.
MOVED by Stockman, seconded by Johnson and motion carried unanimously to accept
the Open Space and Recreation Commission's recommendation, subject to the
following guidelines from the Maintenance Department:
1. The rink be considered a secondary rink, which will be built after the
establishment of the base at all regional park sites.
2. That regular maintenance be on an as needed basis, not to exceed sweeping
three times per week and fogging a minimum of once per week.
3. That snow removal be done after all snow is removed from the regional park
site rinks and any necessary assistance to the city wide snow removal.
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Regular Meeting of the City Council
Reopening Yosemite Skating Rink - Continued
October 5, 1982
4. That the usage of all secondary rinks be monitored by the Park Maintenance
staff during the regular maintenance for the purpose of post season evaluation
5. That the evaluation of usage be based on evidence of skating and corresponding
weather conditions.
Public Hearing - Special Assessments
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Lowell Odland outlined the projects assessed in 1982. The Director of
Administrative Services and Office Services Supervisor were present to answer
questions from the public and Council.
Richard Karp - 6475 South Cortlawn - He feels the light poles in his district
were misplaced and feels he is not getting any benefit from the installation of
the lights and would like additional lights installed. (Street Light Installation
and Maintenance Charge - RSL 123)
Marjorie Canis - 2201 Mary Hills Drive - She stated she is representing herself
and her neighbors, Mr. and Mrs. Frank Garofano, 2200 Mary Hills Drive and they
feel that they are not getting any direct benefit from the street lights because
of the heavily wooded lot blocking the light and feel their property should be
deleted from the district. (RSL 130).
MOVED by Johnson, seconded by Anderson and motion carried to delete 2 parcels
(2200 Mary Hills Drive and 2201 Mary Hills Drive) from the assessment district
for RSL 130. Member Stockman voted no.
Member Anderson introduced and read the following resolution and moved its
adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR VARIOUS PUBLIC IMPROVEMENTS
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 City
Clerk. See Resolution Book Pages 411-412.
MOVED by Johnson, seconded by Anderson and motion carried unanimously to honor
the request of Leah Berstein, 1711 Xerxes Avenue North, to defer payment on the
special assessment for watermain installation for five years or until she sells
her home, which ever comes first and waive the interest for the years deferred.
(81 WM 4).
Regular Meeting of the City Council
October 5, 1982
Public Hearing - First and Second Reading - Conditional Use Permit - 810 Rhode
Island Avenue North
MOVED by Anderson, seconded by Johnson and motion carried unanimously to bring
on the table for first reading the ordinance amendment herein entitled:
AN ORDINANCE AMENDING THE ZONING CODE
(Conditional Use Permit for I-1 Institutional Zoning District)
810 Rhode Island Avenue North
Jeff Sweet reviewed the project and answered questions from the Council.
Jim Ryman, Doug McFarland and Dayton Soby - Proponents - reviewed the project
and answered questions from the Council.
Peggy Leppik - Planning Commissioner - stated that the Planning Commission
recommended approval of the Conditional Use Permit 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 Mitchell, 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.
Use of the principal building located at 810 Rhode Island Avenue North for a
child day care center as licensed by the State.
2.
Use of the accessory buildings at 822 and 830 Rhode Island Avenue North for
I-1 zoning uses.
3.
Completion of all improvements and modifications to the proposed child day
care building at 810 Rhode Island Avenue North required by the City Sanitarian
in the July 23, 1982 Sanitarian's Inspection Report.
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Completion of all improvements and modifications to the proposed child day
care building at 810 Rhode Island Avenue North required by the City Fire
Marshal in the June 2, 1982 Fire Marshal's Inspection Report.
5.
No basement use by children except in emergencies.
6.
Completion of all improvements and modifications to the site and the child
day care building at 810 Rhode Island Avenue North required by the State
Building Code as required or modified by the City Building Official.
7.
Bituminous surfacing of all drive, parking and turnaround areas shown on the
August 30, 1982 site plan submitted with the application subject to the
waiver permit.
8.
Seeding of all unpaved areas of Lot 2, Block 2, Valley Square Addition by
July 1, 1983.
9.
Failure to comply with one or more of the above conditions of approval 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
Jeff Sweet stated that the proponent has requested that the second reading be
given so that the school can open.
Regular Meeting of the City Council
October 5, 1982
Public Hearing - First and Second Reading - Conditional Use Permit - 810 Rhode
Island Avenue North - Continued
MOVED by Stockman, 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
(Conditional Use Permit for I-1 Institutional Zoning District)
810 Rhode Island Avenue North
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 THORSEN - YES
Public Hearing - First and Second Reading - Conditional Use Permit - 8840 7th
Avenue North
MOVED by Mitchell, seconded by Johnson and motion carried unanimously to bring
on the table for first reading the ordinance amendment herein entitled:
AN ORDINANCE AMENDING THE ZONING CODE
(Conditional Use Permit for Light Industrial Zoning District)
8840 7th Avenue North
Mary Constitine - Proponent - was present to answer questions from the Council.
Peggy Leppik - Planning Commissioner - stated that the Planning Commission
recommended approval of the Conditional Use Permit 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 Mitchell, 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. Student use of the front entrance only, with no student use of the back door
to the loading dock area except as an emergency exit.
2. Use of parking spaces in the back of the building for staff parking only.
3. Scheduling of a maximum of 28 students in the dance studio at one time until
5:00 PM on weekdays.
4. No scheduling of classes, lessons or functions after 10:00 PM.
5. Scheduling of recitals, performances and special functions limited to
evenings and weekends.
6. Conformance with City Building Code and Fire Safety regulations.
7. Signage shall conform to the City Sign Regulations and meet the approval of
the City Building Inspector.
8. Failure to comply with one or more of the above conditions of approval 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
Regular Meeting of the City Council
October 5, 1982
Public Hearing - First and Second Reading - Conditional Use Permit - 8840 7th
Avenue North - Continued
Jeff Sweet stated that the proponent has requested that the second reading be
given because the publication of the hearing notice was delayed as a result of
a mail error.
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
(Conditional Use Permit for Light Industrial Zoning District)
8840 7th Avenue North
MOVED by Anderson, 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 THORSEN - YES
Certification of Unpaid Charges, Delinquent Utility Bills, Weed Eradication and
Tree Removal
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to approve
the certification of the delinquent utility bill, weed eradication and dutch elm
removal charges for 1982, and assessment therefor.
1983 Budget
The Mayor opened the meeting for public 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.
Resolution Adopting 1983 Budget and Levying Taxes
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION ADOPTING THE BUDGET FOR 1983
AND ESTABLISHING THE CITY PROPERTY TAX LEVY FOR 1982
AND COLLECTIBLE IN 1983
The motion for the adoption of the foregoing resolution was seconded by Nu:lb--e
,,lit-chell 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 413-414.
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Regular Meeting of the City Council October 5, 1982
Resolution Desiqnatinq Use of Revenue Sharinq Funds
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION DESIGNATING PROPOSED EXPENDITURES OF REVENUE SHARING FUNDS
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 Page 415.
Resolution Issuinq 1982 Certificates of Indebtedness
Member Mitchell introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING ISSUANCE OF $118,500
CERTIFICATE OF INDEBTEDNESS, PRESCRIBING THE FORM AND DETAILS THEREOF,
AND LEVYING TAXES FOR THE PAYMENT 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, 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 416-418.
Resolution Authorizing and Directing Cancellation of 1982 Levy for Various
Improvement Bonds
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING AND DIRECTING CANCELLATION
OF 1982 LEVY FOR VARIOUS IMPROVEMENT BONDS
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 419-420.
*Letter
from Eric Iverson, MDA
Regarding Waiving of Bond for Future Raffles
MOVED by
Johnson, seconded by
Mitchell
and motion carried unanimously to receive
and file
the letter from Eric
Iverson,
Program Coordinator, MDA, Inc., dated
September
23, 1982, regarding
waiving
of a bond for future raffles and request
the City
Manager send a letter
to MDA
with a copy of the City Attorney's opinion
denying
request.
Regular Meeting of the City Council
October 5, 1982
*Letter from Joann Manteufel Regarding Resignation from Human Rights Commission
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive
and file the letter from Joann Manteufel, dated September 24, 1982, regarding
her resignation from the Human Rights Commission and authorize the Mayor to send
a letter of appreciation and defer filling the vacancy on the Commission until
March 1, 1983.
*Letter from Leah Bernstein Requesting Assessment Deferral
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive
and file the letter from Leah Bernstein, dated September 14, 1982 requesting
assessment deferral.
*Resolution Authorizing Acquisition for Laurel Avenue Right -of -Way Between Xenia
and MN&S Railroad Tracks
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION
IN FEE SIMPLE OF CERTAIN PROPERTY FOR PUBLIC RIGHT-OF-WAY
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 421.
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION
IN FEE SIMPLE OF CERTAIN PROPERTY FOR PUBLIC RIGHT-OF-WAY
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 422-423.
Member Johnson introduced and read the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION
IN FEE SIMPLE OF CERTAIN PROPERTY FOR PUBLIC RIGHT-OF-WAY
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 424-425.
Regular Meeting of the City Council
October 5, 1982
*Call for Public Hearing - General Plan of Development - PUD #36 - Lakeview
Terrace --Tl-73/9-2
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to call a
public hearing to consider the General Plan of Development for PUD #36, Lakeview
Terrace for November 3, 1982.
*Appointment of Election Judges - General Election
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to appoint
the election judges for the city election as recommended by the Director of
Administrative Services.
*Engineering Services - Laurel Avenue
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to hire
Bernard Prusak of Gopher Engineering, Inc. at a rate of $35.00 per hour, not to
exceed $1,250.00, to provide the necessary engineering drawings and testimony
for the hearing before MnDOT on the proposed Laurel Avenue Soo Line grade crossing.
South Wirth Parkway Pond Design
Lowell Odland reviewed the pond design and answered questions from the Council.
MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve
the revised pond design dated September 29, 1982.
*Quotations - Sweeper Brooms
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to purchase
sweeper brooms for 1982 from the lowest responsible bidder, Jim Hatch Sales
Company in the amount of $3,810.00. The quotes were as follows:
Jim Hatch Sales Company $3,810.00
Patco Road Supply 3,915.10
Mac Queen Equipment 4,211.00
*Quotations - Park Lighting
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to purchase
lighting fixtures for use at the Hampshire Park hockey rink from the lowest
responsible bidder, Gopher Electric Contractors, Inc. in the amount of $9,239.00.
The quotes were as follows:
Gopher Electric Contractors, Inc. $9,239.00
John Ess & Sons, Inc. 9,565.00
Egan McKay Electrical Contractors Inc. 9,645.00
Bacon's Electric Company 10,195.00
Northwest Chamber of Commerce Brochures
Jeff Sweet stated that the Chamber of Commerce is printing the brochures next week
and recommends purchasing 1,000 additional brochures for Golden Valley's use.
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize
$800 from Contingency for the printing of 1,000 additional brochures from the
Chamber of Commerce.
Regular Meeting of the City Council
Announcements of Meetings
October 5, 1982
Council Member Stockman and Mayor Thorsen will meet with the Brookview Study
Committee on October 14, 1982 at 4:30 PM at Brookview.
Council Members Anderson, Johnson and Mayor Thorsen may attend portions of the
Park Tour on October 9, 1982 beginning at 8:45 AM at Brookview.
Subcommittee Report Regarding Brookview Commission
MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve
the recommendation of the subcommittee regarding the formation of a permanent
Brookview Golf Course Commission.
NAHRO Planninq Institute
MOVED by Johnson, seconded by Mitchell and motion carried unanimously to refer
the notice of the NAHRO Planning Institute to the Planning Commission and urge
Planning Commissioners to attend and ask that a report be brought back to the
City Council.
Park Tour
Council Members Anderson, Johnson and Mayor Thorsen may attend portions of the
Park Tour on October 9, 1982 beginning at 8:45 AM at Brookview.
Adjournment
MOVED by Mitchell seconded by Johnson and motion carried unanimously to adjourn
the meeting at 10:40 PM.
ose ry Thorse Mayor
ATTEST:
J y Nal Deputy C' y Clerk
L'
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