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11-09-93 CC Minutes unsigned Regular Meeting of the City Council November 9, 1993 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 November 9, 1993 at 6:30 PM. The following members were present: Bakken, Johnson, Russell , Stockman and Thompson. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works ; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. _A�r�oval of Minutes: City Council Meeting and Council/Manager hteeting - u7�gust �0, �9� MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the City Council minutes of August 10, 1993 as submitted. MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the Council/Manager minutes of August 10, 1993 as submitted. Approval of Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the agenda of November 9, 1993 as amended: Addition of Communications and Petitions - Letters from Robert and Mary Shaffer Regarding PUD #64, Church of St. Margaret Mary; and Addition of Mayor and Council Item - Cable Commission. Approval of Consent Agenda MOVED by Russell , seconded by Thompson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) , removing Departmental Item - Call for Public Hearing - RSL 206 - Hillsboro Avenue at Earl Street and Duluth Street - 12/7/93. *Bills and Claims MOVED by Russell , seconded by Thompson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Russell , seconded by Thompson and motion carried unanimously to authorize the issuance of licenses #14876 - #14877 and #6522 - #6523. *Solicitor's License - Sexual Violence Center MOVED by Russell , seconded by Thompson and motion carried unanimously to approve the solicitor's license for the Sexual Violence Center. *Solicitor's License - Citizens for a Better Environment MOVED by Russell , seconded by Thompson and motion carried unanimously to approve the solicitor's license for Citizens for a Better Environment. Regular Meeting of the City Council November 9, 1993 Page 2 *Gambling License Exemption - Figure Skating Club of Minneapolis Precision Team MOVED by Russell , seconded by Thompson and motion carried unanimously to receive and file the gambling license exemption for the Figure Skating Club of Minneapolis Precision Team. *�4inutes of Boards and Commissions MOVED by Russell , seconded by Thompson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - October 11, 1993 Black History Committee - October 15, 1993 Public Hearin - Preliminary Desi n Plan A proval - PUD #64 - Church of St. argaret ary Mark Grimes, Director of Planning and Development, introduced the agenda item, stated the Planning Commission recommended denial of the request , reviewed their reasoning, and answered questions from the Council . Father Timothy Dolan, applicant, reviewed the plans, the planning process taken by the Church, the meetings held with the neighborhood, church members, staff, parents and was availableto answer questions. James Lamm, Church Business Administrator, addressed the concerns expressed at the Planning Commision, provided the history and background of the proposal , and answered questions. Patric, Mus, West Metro Recovery Services Program Director, reviewed the program its services, clientele 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. Leo Mueller, 2150 Indiana Avenue North, feels the administrator is not competent, concerned over clients being forced into treatment and having the program too close to the school is dangerous for the children. Bob Shaffer, 2316 Zenith Avenue North, doesn 't have a problem with the clients, concerned over zoning issues, feels its spot zoning, concern over future parking and traffic problems and impact on property values. Onju Sturlaugson, 3732 26th Avenue North, has children enrolled in the school learning care center, felt they should of been told about the plans earlier by the Church, does not feel the two groups are not a good use during the day, suggested limited use of the facility on evenings and weekends. Don Grant, 3513 47th Avenue North, feels the program is needed and doesn 't see any problems for the children in school if the program runs during the day. Regular Meeting of the City Council November 9, 1993 Page 3 Public Hearin - Preliminary Design Plan Approval - PUD #64 - Church of St. ar�aret ary - ontinue Gerald Bowers, 2329 Xerxes Avenue North, feels the church needs the income and the program will be a good use of the facility and the condition of building will deteriorate without use. Rosella Fefercorn, 9038 Glenwood Parkway, concerned over supervision of children and asked if the program will be dispensing drugs on site. Jim Sherburne, 2345 Lee Avenue, in favor of project, feels it would be good for the children to see that if they have problems there is help for them, and it would have a positive effect. Jean Wolf, 2145 Bonnie Lane, has no objections to the proposal , is not concerned about the childen, and is a good use of the building. Gene Ford, 1805 lst Avenue South, Director of Child Care, stated he met with his staff and feels use of the facility will not effect the children 's safety', well- being or educational needs. Jim Bald, 6150 St. Croix Avenue, in favor, feels this is better than selling the church property because they have more control over its use, there will be adequate parking and the feels program will be supervised closly by Clinic staff. John Brown, 3261 Quail , in favor, use of excess church resources, addional tax monies collected and will benefit the community. Robert Rovick, 1929 Glenwood Parkway, doesn 't see the need for the program, especially when Glenwood Hills Health Center has closed, doesn 't feel its an appropriate use of the property, is an increased risk to the children and the Church can find better ways to meet their financial needs. Pricilla Clayton, 3300 Terrace Lane, concern over children who attend the school and play in the neighborhood park, suggested use for a school or hospice instead, concerned over court-ordered and home monitored clients at the facility because they don 't want to be there and the risk is too high. Marge Sullivan, 8300 Golden Valley Road, feel this is a chance for church and community to work together. Joseph Logenze, 3222 Upton Avenue North, in favor, asked people to keep an open mind and feels it would be a good thing for the children. Joan Johnson, 8465 23rd Avenue North, concerned over clientele, feels its too close to park and concerned over potential of increased crime. June Blanski , 1545 Toledo Avenue North, feels we should be support the program, it is our neighborhood, church and community. Dan Rowles, 1315 Spring Valley Road, is concerned over potential safety issues, feels its not the highest and best use of property, not a good mix of uses and church should find other funding sources. Regular Meeting of the City Council November 9, 1993 Page 4 Public Hearin9 _�Preliminary Desiqn Plan Approval - PUD #64 - Church of St argaret ary - �ontinued Catherin Mamer, 2924 Quail Avenue North, feels we should be supportive because it our children that are using this facility and we should respond to the needs of our community. Larry Smith, 2080 Mary Hills Drive, feels that most of the people in favor of the project don 't live in our neighborhood, are only concerned with the finances of the church and the Council should deny the PUD. Edward Raker, 1925 Glenwood Parkway, stated he has no worries, no problems and hope the Council would vote in favor. The ��ayor closed the public hearing. Allen Barnard answered questions regarding voting requirements. P40VED by Thompson, seconded by Johnson and motion carried to deny the preliminary design plan approval for PUD #64, Church of St. Margaret Mary, based on the following findings: spot zoning, use proposed is not compatible with the existing uses of the property because of the close proximity of the children to the traffic, and parking. *Letter from Merlene and Jim Sherman Regardin Deer MOVED by Russell , seconded by Thompson and motion carried unanimously to receive and file the letter from Merlene and Jim Sherman, dated October 17, 1993, regarding deer. Letters from Robert and Mary Shaffer Regarding PUD #64, Church of St. Mar aret � Ma ry MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the letters from Robert and Mary Shaffer, dated November 3 and 5, 1993; regarding PUD #64, Church of St. Margaret Mary. *Immovable Fixtures and Relocation Payment for Tower Square Shopping Center MOVED by Russell , seconded by Thompson and motion carried unanimously to authorize the following payments to Jean and Anthony J. Ouellete for the Tower Square Shopping Center located at 701-137 Winnetka Avenue North: $87,000 for the immovable fixtures and $10,000 for relocation. Regular hleeting of the City Council November 9, 1993 Page 5 *Call for Feasibility Study - RSL 206 - Hillsboro Avenue at Earl Street and u�Tutl Street Member Russell introduced the following resolution and moved its adoption: RESOLUTION 93-85 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 206 HILLSBORO AVENUE AT EARL STREET AP�D DULUTH STREET The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell , Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Call for Public Hearing - RSL 206 - Hillsboro Avenue at Earl Street and Duluth �treet - 1?1$/9 Council Member Stockman stated he had requests from residents the public hearing be delayed until the January 18, 1994 Council Meeting to allow them more time to review the proposal . Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 93-86 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 206 HILLSBORO AVENUE AT EARL STREET AND OULUTH STREET The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell , Stockman and Thompson; 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. Announcements of Meetin s No action taken. Mayor's Communications No action taken. Regular Meeting of the City Council November 9, 1993 Page 6 Adopt a Park Program Recognition Rick Jacobson, Director of Park and Recreation, reviewed the program. The Mayor presented the Adopt A Park participants in attendance with a Certificate of Recognition: Steve and Jean Strande Family for Brookview Park; Herb and Virginia Purdy for Gearty Park; PBA, Inc. for Hampshire Park; Jan Motari for Lions Park; Kids Club for hledley Park ; Golden Valley Women of Today for Scheid Park; Lyla M. Anderegg for North Tyrol ; Thompson Family for Papoose Park; Optimist Club of Golden Valley for Seeman Park ; Gay and Lesbian Community of Golden Valley for North Bassett Creek Trail ; Covenant Manor Retirement Community for South Bassett Creek Trail and St. Croix Nature Area; Girl Scout Troop #1611 for East Laurel Avenue Trail ; Northrup King Co. for West Laurel Avenue Trail ; and Barlow Family for Mary Hills Trail . The Council expressed their appreciation to the participants for their hard work and dedication. Historical Society Recognition of Longest Resident in Golden Valley Judy Mustard, President, Golden Valley Historical Society, stated the Society held a contest to find the longest residing resident in the City and introduced Arthur J. Jeppesen, 4736 Glenwood Avenue as the winner. He has lived in Golden Valley from 1906 to 1993, with the exception of 2 years. Mr. Jeppesen thanked the Council for the honor and recalled some of the changes in the City. The Mayor presented his with a Certificate of Recognition, history book and mugs. Registration for LMC Policy Adoption Meetin Mayor Bakken requested any Council Member wishing to attend the meeting should notify staff. Council Member Thompson will attend the meeting. Mayor Bakken updated the Council on the AMM meeting held last week. Cable Commission Council Member Stockman updated the Council on the activities of the Commission during this critical period of time. He offered to resign from the Commission and recommended Council Member Thompson be appointed in order to allow him to have enough time to familiarize himself with the Commission. The Council requested Council Member Stockman consider withdrawing his resignation and serve another year and and he agreed. The Council will be making their appointments in January, 1994 and recommend his appointment. Adjournment MOVED by Thompson, seconded by Johnson and motion carried unanimously to adjourn the meeting at 9:20 PM. ATTEST: arry . a en, ayor Judy Nally, Administrative Secretary