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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