07-05-78 City Council MinutesRegular Meeting
Of the
City Council July 5, 1978
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 5, 1978 at 6:50 p.m.
The folloiwng members were present: Anderson, Hoover, Johnson, Stockman and
Thorsen. Also present were: City Manager, Jeff Sweet; City Attorney, Robert
Skare and Council Secretary, Kathy Middleton.
Approval of June 19, 1978 Minutes -
MOVED by Stockman, seconded by Anderson and carried to approve the minutes as
corrected:
page 135 - Under.Unification Church: add the work "release". to read
There will be a tape recording of this meeting, to be released
at the Council's descretion and a prepared summary of this
meeting will be made."
page 132 - Under Informal Public Hearing Acquisition Laurel Avenue Right -
Of -Way: Add statement: During discussion of the green belt it
was consensus of the Council that acquisition for such green
belt would be pursued as properties develop along Laurel.
Approval of Minutes of June 20, 1978 Executive Session:
MOVED by Johnson, seconded by Anderson and carried to approve the statement as
read as a summary of the executive session held on June 20, 1978 at 6:45 p.m.
attached hereto and included as part of the minutes.
EXECUTIVE SESSION
A closed session of the City Council of Golden Valley was held on June 20,
1978, at 6:45 p.m. in the Gold Room of the City Hall. The meeting was attended
by Mayor Hoover, Councilmembers, Anderson, Johnson, Stockman and Thorsen, City
Manager, Jeff Sweet, and City Attorneys, Robert Skare and Allen Barnard. No
other person was present.
The purpose of the meeting was to enable the Mayor and Councilmembers to confer
with their attorneys regarding the civil action filed against them by the
Unification Church. The decision to hold the closed session for this purpose
was made at the regular meeting of the City Council held on June 19, 1978,
and is reflected in the minutes of that meeting.
A continuous sound recording of the closed meeting was made. The recording was
sealed and will be retained in the Mayor's custody unless or until subpoenaed by
the court.
The only subject discussed was the pending litigation and laternative courses
of action. The only action taken was to instruct the attorneys as to how to
proceed and to direct that the attorneys will be spokesmen for the group while
the case is pending. The meeting was adjourned at 10:14 p.m., to be continued if
need should be determined by the attorneys.
149
Regular Meeting of the City Council - July 5, 1978
Approval of Verified Accounts (Bills and Claims):
MOVED by Johnson, seconded by Thorsen and carried to approve the payment of the
bills as submitted on the prelist.
Approval of the Licenses:
MOVED by Anderson, seconded by Stockman and carried to approve the issuances of
the licenses as submitted on page 680.
MOVED by Stockman, seconded by Johnson and carried that it was not a willfull
violation on the part of the licensee, therefore, it is the decision of the
Council to suspend the liquor license for a period of 10 consecutive days
within a 30 day period and to let the licensee choose when the suspension should
start and, if any further convicted violations occur within 1 1/2 years period
that the Council recommend stronger action be taken.
Minutes of the B.Z.A. Meeting - June 13, 1978:
MOVED by Anderson, seconded by Thorsen and carried to receive and file the
minutes of the Board of Zoning Appeals meeting of June 13, 1978.
Minutes of the Open Space Commission Meeting - May 17th and June 21, 1978:
MOVED by Johnson, seconded by Stockman and carried to receive and file the
minutes of the Open Space Commission Meeting of May 17th and June 21, 1978.
i
LICENSES FOR APPROVAL
JULY 5, 1978
NO.
LICENSEE
TYPE
FEE
5367
Farwell, Ozmun, Kirk & Co.
N.P. Vend 1
5.00 +2.50 penal
5368
Arthur F. Moore
Taxi -Cab
11.00
5369
Golden Valley House, Inc.
Motel
50.00
5370
Sir Vend
Cigarette
6.00
5371
Sir Vend
Per. Vend (8)
50.00
5372
Sir Vend
N.P. Vend (2)
7.50
Hearing Golden "V" Liquor Violation:
City Attorney reviewed the liquor violation
and stated the licensee
pleaded guilty
to one
of the four charges and the other three were dismissed. Mr.
Anderson
was given
a suspended fine pending no same or similar offense.
Thomas
Anderson, store owner, was present and presented new procedure for selling
liquor
as a safety precaution.
MOVED by Stockman, seconded by Johnson and carried that it was not a willfull
violation on the part of the licensee, therefore, it is the decision of the
Council to suspend the liquor license for a period of 10 consecutive days
within a 30 day period and to let the licensee choose when the suspension should
start and, if any further convicted violations occur within 1 1/2 years period
that the Council recommend stronger action be taken.
Minutes of the B.Z.A. Meeting - June 13, 1978:
MOVED by Anderson, seconded by Thorsen and carried to receive and file the
minutes of the Board of Zoning Appeals meeting of June 13, 1978.
Minutes of the Open Space Commission Meeting - May 17th and June 21, 1978:
MOVED by Johnson, seconded by Stockman and carried to receive and file the
minutes of the Open Space Commission Meeting of May 17th and June 21, 1978.
i
11u
Regular Meeting of the City Council - July 5, 1978
Minutes of the Planning Commission Meeting - June 12 & 26, 1978:
MOVED by Thorsen, seconded by Johnson and carried to receive and file the
minutes of the Planning Commission Meeting of June 12th and June 26th, 1978.
Minutes of the Housing and Community Development Meeting - June 14, 1978:
MOVED by Johnson, seconded by Stockman and carried to receive and file the
minutes of the Housing and Community Development Meeting of June 14, 1978.
Virginia Levy, Chair of H.C.D.C., presented information on proposed sites for
section 8 housing.
MOVED by Johnson, seconded by Anderson and carried to approve the sites as
designated with lots #2 as an alternative to site #3 as suggested by the Commission
and to refer this to the H.R.A. for beginning the process of acquiring the sites.
Minutes of the Park and Recreation Commission Meeting - June 26, 1978:
MOVED by Stockman, seconded by Johnson and carried to receive and file the
minutes of the Park and Recreation Commission Meeting of June 26, 1978.
Minutes of the Senior/Community Center Ad Hoc Meeting -.June 19, 1978:
MOVED by Johnson, seconded by Anderson and carried to receive and file the
minutes of the Senior/Community Center Ad Hoc Meeting of June 19, 1978.
Public Hearing No Parking Boone Avenue:
Mayor Hoover opened the meeting for the public input on no parking on Boone
Avenue and persons present to do so were afforded the opportunity to express
their opinions thereon.
Rollin Bergquist, Safety Council Chair, recommended that no action be taken at
this time and that the Safety Council will be monitoring the problem.
Bob Mackel, WTC14 Chief Engineer, stated the problem was caused from construction
in the parking lot and now that the construction is over there should be no
further problems.
John Schevenius, General Mills - Concerned with traffic on Boone.
Mayor Hoover closed the public hearing.
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
(Restricting Parking on Boone Avenue)
The motion for the adoption of the foregoing resolution was duly seconded by
Member Johnson and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk.
See Resolution book page "?\__
Regular Meeting of the City Council - July 5, 1978
Waiver of Platting Ordinance - 7101 Medicine Lake Road:
Mayor Hoover opened themeeting for public input on waiver of platting ordinance
7101 Medicine Lake Road and persons present to do so were afforded the opportunity
to express their views thereon.
James Benson of Robert Bablett Associates, Inc. was present for the request.
Mayor Hoover closed the hearing.
MOVED by Thorsen, seconded by Johnson and carried to approve the waiver of
platting of 7101 Medicine Lake Road.
PARCEL A - 7101 Medicine Lake Road -
Lot 12 and those parts of Lots 10 and 11 lying northerly of the westerly extension
of the north line of Lot 9, all in Block 1, Advertising -Creative Center.
PARCEL B - 6960 Madison Avenue West -
Those parts of Lots 10 and 11 lying southerly of the westerly extension of the
north line of Lot 9 and those parts of Lots 8 and 9 lying west of a line 113.01
feet east of, measured at a right angle to and parallel with the west line of
said Lot 9, and its extensions, all in Block 1, Advertising -Creative Center.
Waiver of Platting Ordinance - 2885 Regent Avenue North - 2820 Scott Avenue North:
Mayor Hoover opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Dan Landwehr, proponent, was present to make request.
Mayor Hoover closed the public hearing.
MOVED by Johnson, seconded by Anderson and carried to approve the waiver of
platting ordinance for the two lots at 2885 Regent Avenue north and 2820 Scott
Avenue north subject to the new lots (Tracts A & C) remaining as a single
family use and subject to continuance of the Hennepin County drainage easement
on the property.
PARCEL A - 2820 Scott Avenue North -
Tract C and the westerly 46 feet of tract B all in R.L.S. #1057 Hennepin County
Minnesota.
PARCEL B - 2885 Regent Avenue North -
Tract A and the easterly 54 feet of tract B all in R.L.S. #1057 Hennepin County
Minnesota.
MOVED by Anderson, seconded by Johnson and carried that the City assumes the
balance of the special assessments of the two lots.
152
Regular Meeting of the City Council - July 5, 1978
Stephen Swartz, Re: Federal Court Action with Ronald J. Troyer, Unification
Church:
MOVED by Thorsen, seconded by Anderson and carried to receive and file the
letter from Stephen Swartz and inform him that we have already, at our closed
session, taken action to have him included with the other defendants named
to be defended by the City Attorneys and we will, if necessary, at the proper
time consider him harmless and indemnified.
MOVED by Johnson, seconded by Stockman and carried to authorize the City
Attorneys' office to bill the City under the Special Case Account for this case.
P.U.D. #17A - Discussion Previous Approval:
MOVED by Anderson, seconded by Thorsen and carried to receive and file the
letter from Ronald Bastyr.
Ronald Bastyr presented revised concept plan.
No Council action was taken.
LuAnn Fragale Re: Dog Ordinance:
MOVED by Johnson, seconded by Stockman and carried to receive and file the
letter from LuAnn Fragale.
Ind. School Dist. #281 Re: Meetinq concellation:
MOVED by Johnson, seconded by Thorsen and carried to receive and file the notice
from the Independent School District #281 and note the date change to
October 12, 1978 at 8:00 p.m.
Call Public Hearing RSL 90 Lilac Heights (PH 8/7/78):
Member Thorsen introduced and read the written resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 90
The motion for the adoption of the foregoing resolution was duly seconded by
Member Stockman and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk.
See Resolution Book page ac)r1 .
1
Regular Meeting of the City Council - July 5, 1978
Call Public Hearing Rezoning 625 Decatur Avenue North for Light Industrial
(PH 8/21/78):
MOVED by Johnson, seconded by Stockman and carried to set a public hearing for
rezoning of 625 Decatur Avenue North for light industrial on August 21, 1978
at 7:30 p.m.
Energy Improvement and Remodeling:
MOVED by Johnson, seconded by Anderson and carried to transfer $20,000 from the
Capital Contingency Account to the building fund for the purpose of making energy
conservation improvement.
MOVED by Anderson, seconded by Johnson and carried to authorize a transfer of
$31,000 to the General Building Operations Program from the Building Fund.
MOVED by Johnson, seconded by Stockman and carried to authorize the hiring of
Kilstoffe and Associates to implement the improvement at their normal rate.
Resolution on Medicine Lake:
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
The motion for the adoption of the foregoing resolution was duly seconded by
Member Stockman and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, Stockman and Thorsen and the folloiwng voted
against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk. See
Resolution book page (I.
MOVED by Anderson, seconded by Stockman and carried to direct the Mayor to send
the resoltion along with a cover letter to the Bassett Creek Watershed Commission
and all the individual communities that are members.
Resolution for Designating Applicant for Reimbursement of Funds for Basic Police
Officer Training Pursuant to Minnesota Police Officer Training Board Regulation:
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION FOR DESIG14ATING APPLICANT FOR REIMBURSEMENT OF
FUNDS FOR BASIC POLICE OFFICER TRAINING PURSUANT TO MINNESOTA
POLICE OFFICER TRAINING BOARD REGULATION
The motion for the adoption of the foregoing resolution was duly seconded by
Member Thorsen and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk.
See Resolution book page ')'
15 ZI
Regular Meeting of the City Council - July 5, 1978
Resolution Designating Polling Place:
Member Stockman introduced and read the written resolution and moved its adoption:
RESOLUTION
(Designating Polling Place - Election Precinct 8)
The motion for the adoption of the foregoing resolution was duly seconded by
Member Johnson and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk.
See Resolution book page -`a
Revision to House Burning Policy:
MOVED by Anderson, seconded by Johnson and carried to approve the new house
burning policy as submitted on page 625.
Revised Brookview Regulations:
MOVED by Anderson, seconded by Stockman and carried to approve the regulations
with the amendment of "a years period" in item H on page 623 and the application
form as submitted on page 622 and 621.
Change of Public Hearing P.U.D. #18 A from 8/7/78 to 8/21/78:
MOVED by Johnson, seconded by Anderson to change the public hearing of P.U.D.
#18A from 8/7/78 to 8/21/78.
After further discussion the motion was withdrawn.
MOVED by Johnson, seconded by Anderson and carried that the proponent be informed
of the possibility of a smaller council at the meeting of August 21st and to
be advised that we have not changed the public hearing date.
City Staffing of H.R.A.:
MOVED by Johnson, seconded by Stockman and carried to authorize the Mayor and
City Manager to enter into agreement with H.R.A. to provide staffing.
Loan to H.R.A.:
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
(Authorizing Loan to Housing and Redevelopment Authority
Of Golden Valley, MN)
Regular Meeting of the City Council - July 5, 1978
Loan to H.R.A. con't:
The motion for the adoption of the foregoing resolution was duly seconded by
Member Thorsen and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, Stockman and Thorsen and the following
voted against the same: none, whereupon said resolution wag declared duly
Passed and adopted, signed by the Mayor and his signature attested by the City
Clerk. See Resolution book page
MOVED by Anderson, seconded by Thorsen and carried to approve the request of the
H.R.A. for the Deposit Fund and direct the Finance Director to make the
necessary arrangements.
Council Agreement with Ken Lewis:
MOVED by Johnson, seconded by Stockman and carried authorizing the approval of
the agreement with Ken Lewis for reviewal services regarding the purchase of the
10 homes on the west side of Rhode Island Avenue.
Grass Seed Quotation:
City Manager presented the quotations received and recommended award of the
purchase to the low quote, Turf Supply Company.
MOVED by Johnson, seconded by Anderson and carried to award the purchase of seed
to Turf Supply Company as the low quote.
Recall Public Hearing of RSL 86A: (8/7/78):
MOVED by Thorsen, seconded by Johnson and carried to amend the original resolution
setting a public hearing for RSL 86A for July 17, 1978 and reschedule it for
August 7, 1978 Council meeting.
Call for Public Hearinq Sale Fire Station Bonds:
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION RELATING TO $575,000 GENERAL OBLIGATION
FIRE STATION BONDS: PROVIDING FOR THE PUBLIC SALE
THEREOF:
Quotations received were:
M.T. Wiley, Inc. - 100
lbs. Northrup
King Overseeder #2 $ 152.00
Twin City Seed Company -
1200 lbs. 50%
Parade Kentucky Bluegrass 147.00 CWT
20%
Adelphi Kentucky Bluegrass
15%
Eaton Perennial Rye Grass
15%
Pennfine Perennial Rye Grass
Turf Supply Company - 24
50 lbs (jags Overseeder II 1716.00
MOVED by Johnson, seconded by Anderson and carried to award the purchase of seed
to Turf Supply Company as the low quote.
Recall Public Hearing of RSL 86A: (8/7/78):
MOVED by Thorsen, seconded by Johnson and carried to amend the original resolution
setting a public hearing for RSL 86A for July 17, 1978 and reschedule it for
August 7, 1978 Council meeting.
Call for Public Hearinq Sale Fire Station Bonds:
Member Johnson introduced and read the written resolution and moved its adoption:
RESOLUTION RELATING TO $575,000 GENERAL OBLIGATION
FIRE STATION BONDS: PROVIDING FOR THE PUBLIC SALE
THEREOF:
115
Regular Meetinq of the Cite Council - July 5, 1978
Call for Public Sale Fire Station Bonds:
The motion for the adoption of the foregoing resolution was duly seconded by
Member Anderson and upon vote being taken thereon, the following voted in
favor thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City
Clerk. See Resolution Book page 2�
Rate Schedule:
City Manager presented a contract with Barr Engineering Company for creek crossing
design at 10th Avenue and Wisconsin Avenue.
MOVED by Stockman, seconded by Johnson and carried to authorize the Mayor and
City Manager to enter into agreement with Barr Engineering Company subject to
the review of the conditions discussed by the City Attorney.
MOVED by Johnson, seconded by Thorsen and carried to authorize the charge for
this project to be paid for from the Public Works Fund.
League of Minnesota Cities:
MOVED by Anderson, seconded by Johnson and carried to request the Mayor to get
the proper information and make one reservation for the Golden Valley City
Councilmembers to attend this meeting.
Secretarial help for Commissions:
Councilmember Thorsen submitted a request from the Commissions for the Council
to consider secretarial help for Commissions.
MOVED by Thorsen, seconded by Johnson and carried to authorize the Human Rights
Chairperson and the Park and Recreation Chairperson to seek out secretarial
help and the Council Secretary will have a list of names of applicants for
their commissions available to them for their information. That this is not
a Council commitment for future appointments.
Creation Valley Square Commission:
MOVED by Johnson, seconded by Thorsen and carried to defer this item until the
meeting of July 17, 1978.
Mayor Hoover noted the subcommittee meeting for Monday, July 10th at 6:00 p.m.
with Councilmembers Stockman, Thorsen and Anderson in the Council office.
Preliminary draft of financial report:
City Manager presented a draft of the financial report to the Council.
MOVED by Johnson, seconded by Thorsen and carried to receive and file the
preliminary audit report, defer and consider this report at the July 17th Council
meeting.
Regular Meeting of the City Council - July 5, 1978
Certification of values of homes on west side of Rhode Island Avenue:
Mayor Hoover presented a letter received from Mr. and Mrs. Henry Rohloff stating
that they are unhappy with the appraisals but would be willing to negotiate.
MOVED by Stockman, seconded by Thorsen and carried to receive and file the letter
from Mr. and Mrs. Rohloff and refer it to the H.R.A. for consideration to be made
at another date.
Member Anderson introduced and read the written resolution and moved its adoption:
RESOLUTION
(Certifying Estimated Fair Market Values and
Authorizing Purchase)
The motion for the adoption of the foregoing resolution was duly seconded by
Member Stockman and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Johnson, 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 his signature attested by the City Clerk.
See Resolution Book page
Appointment to Planning Commission:
MOVED by Anderson, seconded by Thorsen and carried to appoint Sue Eastes to the
Planning Commission.
Adjournment:
MOVED by Johnson, seconded by Stockman and carried to adjourn the meeting at
11:10 P.M. I
ROBERT R. HOOVER, MAYOR
ATTEST:
GZ A����/
COUNCIL SE TAR