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10-16-78 City Council Minutes238 Regular Meeting Of The City Council October 16, 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 October 16, 1978 at 6:30 P.M. The following members were present: Anderson, Hoover, Johnson, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Attorney, Robert Skare, Assistant City Engineer, Tom Snetsinger and Council Secretary, Kathy Middleton. Approval of Minutes of September 28, 1978: MOVED by Johnson, seconded by Thorsen and carried to approve the minutes of September 28, 1978 as amended: page 205 - Under Program Evaluation: amend motion to read "to request the Staff to prepare a memo on the evaluation effectiveness of the Human Services including those that are in the Park and Recreational Program and to return it to the Council by December 1, 1978." Approval of Minutes of October 3, 1978: MOVED by Johnson, seconded by Anderson and carried to approve the minutes of October 3, 1978 as amended: page 217 - Under P.H. P.U.D. 922 Brechet and Richter - General Plan: Item G add: because of items C 5 & D above. page 212 - Under Gary Edelston, Landscaping of Ponds: add to motion: Regarding the brome grass. page 211 - Under Tanya Slaughter, 4642 S. Cedar Lk. Rd. Re: Natchez Ave. & #100: R.H. Blook 4417 Avondale Rd. - Would not like signs taken down until further study is taken. - Mayor Pro -tem Anderson closed the public hearing - not meeting. page 209 - Under Manager's Memo Re: Vacated Vermont: Expenditure of $6,200.00 not $62,000.00. page 207 - Under Association of Metropolitan Municipalities Meeting: delete Councilmember Johnson's name. Approval of Minutes of October 10, 1978 Worksession: MOVED by Anderson, seconded by Thorsen and carried that the notes of the Worksession of October 10th be approved as submitted. 1 1 239 Regular Meeting of the City Council - October 16, 1978 Approval of Verified Accounts (Bills and Claims): City Manager presented a payment to add to the prelist from Lowerl.y Hill Enterprises, Inc. for $30,690.00. Would recommend payment. MOVED by Anderson, seconded by Stockman and carried to pay the bills as submitted on the prelist with the addition of Lowerly Hill Enterprises, Inc. as.recommended by the City Manager. Summons from Scott David Kistner: MOVED by Anderson, seconded by Thorsen and carried to receive and refer to our City Attorney requesting that he investigate the question of a counter suit with a report back to the Council. Mr. & Mrs. Robert C. Wilson. 1945 Kelly Dr. & Jon & Sheila Horkey, 1920 Kelly Dr.: MOVED by Johnson, seconded by Thorsen and carried to receive and file the claim from Mr. & Mrs..Robert C. Wilson; 1945 Kelly Drive and Jon & Sheila Horkey, 1920 Kelly Dr. Approval of Licenses: MOVED by Thorsen, seconded by .Johnson and carried to approve the issuances of the license #5425. Minutes of Boards and Commissions Meetings: MOVED by Anderson, seconded by Johnson and carried to receive and file all the minutes of the Boards and Commissions as listed on the agenda G through K. Human Rights Commission - September 14, 1978; Environmental Commission September 11, 1978; Park.and Recreation Commission - September 25, 1978; Planning Commission - September 25, 1978 and Committee for Community/ Senior Citizens Center - August 9th. Report on Neighborhood Meeting Wesley Park Re: Little League: Burt Brown, Chairperson of the Park and Recreation, gave a report for the Park and Recreation Commission If Wesley Park is used by Little League recommended: 1. No permanent fence. 2. No permanent structure as a dugout or consession stands. 3. Obtaining assurance from Little League that they would do their utmost to control parking and litter; 4. Having a clear understanding this is a temporary solution and that a permanent solution is being worked toward by the City. After all things were considered the Park and Recreation Chair would recommend that Valley Field be used for little league until: a permanent solution is found rather than temporary moving to Wesley. 240 Regular Meeting of the City Council - October 16, 1978 MOVED by Anderson, seconded by Thorsen and carried to concur at this time with the Park and Recreation Commission Chairperson�as it was presented this evening and request the Staff to cooperate in whatever way we can to refurb.ish Valley Field. MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Park and Recreation Commission's special meeting of October 9, 1978• Paul Schliesman, Little League, made some comments. Judy Yellen, 1437 Wisconsin Ave. =Stated did not receive notice about public hearing at Wesley Park. Presented some pictures of Wesley Park showing the parking problem. Stated that if the Little League was�to-use Wesley: Park felt it would be very detrimental to the neighborhood. Amendment to Human Rights Ordinance: MOVED by Anderson, seconded by Thors-en and carried to refer this to the Human Rights Commission for their comments on the Attorney's memo regarding the Amendment to the Human Rights Ordinance and any other recommendations they would like to make. Stella Cook Re: Council letter on T.H. #12: MOVED by Thorsen, seconded by Johnson and carried to receive and file the letter from Stella Cook. McCombs -Knutson Association Re: P.U.D. #16A be deferred from'public hearing of 11- -78: MOVED by Johnson, seconded by Thorsen and carried to defer the public hearing for P.U.D. #16A McCombs -Knutson Association indefinitely. Northern Cablevision Co. Re: Resolution approving cable service territory proposal: City Manager stated this was for the Council's information as to�the proposed territory the Northern Cablevision will serve with a Cable Franchise. MOVED by Anderson, seconded by Stockman and carried to receive and file and endorse the Manager's referral of this matter to the Cable Television Commission. Ward Edwards, North Memorial Medical Center Re: Forming of a Health Board: City Manager stated the purpose -of this material is to notify the Council as to what is transpiring with the Public Health Nursing Service and to advise the Council of an alternative which is.the formation of a local Health Board with other communities. "' MOVED by Anderson, seconded by Johnson and carried to receive and file the communication from Ward Edwards and to request thata representative of the County be at our next meeting of November 6th to answer questions regarding this matter. Regular Meeting of the City Council - October 16, 1978 Daryl Natz Re: Resignation from T.H. #12 Task Force: MOVED by Johnson, seconded by Anderson and carried to receive and file the letter of resignation and request the Mayor to send him a letter of thanks for his service on the T.H. #12 task force committee. Vern Baker Re: Reappointment to Community Education Council: Mayor Hoover received a letter from Vern Baker in appreciation of the Council's support in his reappointment to the Community Education Advisory Council. MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter from Vern Baker. Call public hearing Final Plat - Golden Valley State Bank Addition (PHill-6-78): MOVED by Anderson, seconded by Thorsen and carried to call a public hearing for Golden Valley State Bank Addition final plat for November 6, 1978. Ratify Appointment of Additional Judges for Election: MOVED by Johnson, seconded by Stockman and carried to ratify the appointment of additional judges for the election. Presentation of Award to John Mitchell: Through solication from many civic organizations and citizens of the community the Human Rights Commission nominated John Mitchell for the 3rd Annual Human Rights Award. Mayor Hoover presented the award and also testimonials received to John Mitchell. Public Hearing North Wirth Parkway: Mayor Hoover stated this is a public hearing on the redevelopment project recommended to the Council by the is & Redevelopment Authority of Golden Valley. The plan was reviewed by the Planning Commission. Peter Dahm - Consultant to the H.R.A., gave a brief summary of the plan. Ron Edstrom, Planning Commission member, reviewed the Planning Commission comments and recommendation. Stated the Planning Commission unanimously approved their recommendations on the'North Wirth Parkway Redevelopment Plan. Greg Luce, Rieke Carroll, Muller Association, reviewed the financing of the plan. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Steve Melland; Golden Valley Sports Center - Reviewed their position in the Redevelopment area regardinga Commercial Center in this area. John Bavalak, 4032 Olson Hwy. - Would like to see homes built or moved in the vacant area across from his property. Also would like to see some gas pumps at the corner of Hwy. #55 and Meadowlane. W Regular Meeting of the City Council - October 16, 1978 Ron Wolff, Maple Lk, representing Clarence Wolff - Concerns on relocation benefits. Herb Frazer, Langford Electric - Concerned with taxes. Sue Eastes, 2075 Ordway St. - Questions with office complex site.. Leo,Smller, representing the Railroad - Railroad their position in the Redevelopment area.. Stated that ifthe proposals goes through as it is now they could not locate their new plans for a building if they are to loose 13 to 20 lots. Also questioned if this proposal goes through does that mean that the land taken from the railroad will be froze and unable to be used for industry. At Stensrud, Animal Humane Society - Reviewed the upgrading done by the Society. Expressed concerns with the possible closing of France Avenue and{ -the street pattern. Norm Severson - 10325 40th Ave. N. - Owns property at corner of Sunnyridge Lane. In favor of Plan. Russ Wolff, New Hope, Representing father, Clarence Wolff - Concerned with recourse these people have if they do not wish to move. Betty Thompson, S. St. Paul, Representing father, Clarence Wolff - Concerned with relocating family. Clarence Wolff, 825 Sunnyrtdge-.Lane. Fran Knoblauch, President Humane Society - gave comments. Larry Stiner, Humane Society - Commented on financial plan. Mayor Hoover closed the public hearing. Member Thorsen introduced and readthe written resolution.and moved its adoption: RESOLUTION (Findings and Determinations by, and Resolutions of, the City Council for Golden Valley, Minnesota Relative to and approving a Redevelopment Plan and Redevelopment Project area for a "Gateway" to Golden Valley Revital- ization program in Golden -Valley, Minnesota, entitled "North Wirth Parkway Redevelopment Plan", Dated September 18, 1978•) 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 1 Regular Meeting of the City Council - October 16, 1978 Public Hearing Rezoning 5740 Wayzata Boulevard Commercial to light Industrial: Jerry Zweigbaum, officer in Contemporary Designs and a partner of Westside Properties was present to make request. Mr. Dean Kentner, officer in Contemporary Designs and a partner of Westside Properties was present also and requested if approved on first reading that the Council consider a second reading tonight. Jody Sehlin, Chairperson of the Planning Commission, gave the report from the Planning Commission. Their recommendation is to recommend that the property be rezoned from Commercial to light Industrial, subject to the two parcels being combined and to suggest to the Board of Zoning Appeals that if they approve the waiver, a condition be placed on the structure for the use, which is office, showrooms, and warehouse, allowing up to a certain percentage for each. Motion was unanimous. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. No persons present to express their views. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Johnson and carried to approve on first reading the rezoning of 5740 Wayzata Boulevard from Commercial to light Industrial. Upon roll call vote the following as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES AN ORDINANCE AMENDING THE CITY CODE (Light Industrial Zoning District - Contemporary Designs, Inc.) MOVED by Anderson, seconded by Stockman and carried to approve on second reading the rezoning of 5740 Wayzata Boulevard from Commercial to light Industrial. ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Jon Westlake, Director of Planning, stated the proponent was unable to be present as he was out of town, but requested the public hearing be deferred. Mayor Hoover opened the public hearing for public input and persons present to do so were afforded the opportunity to express their views thereon. No one was present to express their views. Mayor Hoover closed the public hearing. 244 Regular Meeting of the City Council - October 16, 1978, MOVED by Johnson, seconded by Thorsen and carried to approve the rezoning of 625 Decatur Ave. N. from commercial to light industrial on first reading. ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Amendment to Solicitors Ordinance - First Reading: MOVED by Johnson, seconded by Stockman and carried to bring on the table for first reading an ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (l.icensing of Peddlers and Solicitors) MOVED by Stockman, seconded by Thorsen and carried to approve the amendment as stated above on first reading with the second reading schedule for November 6, 1978• Upon roll call vote the following were recorded as follows: ANDERSON - YES HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Howard Dahlgren Re: He -Id's Interest Concerns About Turners Crossroad: Howard Dahlgren, representing Ernestine Erickson, Herm and Skeets Held, Ralph Green and Bill Sheehy was present to make their request which is to develop a good circulation route in the northeast quadrant of Turners Crossroad and Highway 12. MOVED by Anderson, seconded by Johnson and carried to refer the total pro- posal"to the Staff for their review and comments. Steven Harvey, Town Taxi Co., Inc. Re: Change in taxi meter rate: MOVED by Johnson, seconded by Stockman and carried to receive and file the communication from Mr. Harvey and request the Mayor to send a letter to Mr. Harvey asking that he appear before this council with the appropriate information justifying the rate increase and a comparison to other suburbans rates. Petition Re: Public Improvement on Flag Ave. between Duluth & Earl Street: Earl Wilson, 7540 Winnetka Heights Dr. - was present to make request. City Manager stated that the percentages for the sanitary sewer - 29.4% for the watermain - 25.6% for the street improvement - 26.4% and 28.1%. That is below the 35% that would require the Council to call a hearing. Stated this is optional for the Council. MOVED by Johnson to call a public hearing for Flag Avenue from Duluth to Earl Street. ' 2,45 Regular Meeting of the City Council October 16, 1978 Because of no second, the motion dies. MOVED by Anderson, seconded by Johnson to call a public hearing for the meeting of January 2, 1979 on Duluth Street from T.H. #18 service road to Flag street, from Flag to Earl Street and Earl from Flag to Gettysburg. Bid Opening October 11th 11:00 a.m. 78 SS 2: City Manager presented bids and recommended award to the low bidder Park Construction for $22,885.00. MOVED by Johnson, seconded by Thorsen and carried to award the storm sewer project to Park Construction in the amount of $22,885.00 as the low bidder. Bid Opening October 11th 11:00 a.m. Sewer Television Inspection System: City Manager presented the bids received and recommended that this item be deferred. MOVED by Stockman, seconded by Thorsen and carried that this item be deferred to the meeting of November 6, 1978. Budget Adjustment Police Equipment: City Manager stated the request is for the purchase of two new Alert Units at a price of $460 each, for a totla of $920. Fifty percent of this would be returned to the City by the Federal Government through highway safety funding, net cost $460. MOVED by Johnson, seconded by Stockman and carried to increase the revenue budget #01-3344 $460.00 and increase the police budget #01-4540-338-22 by $460. Quotations Re: Lift Station Repair: City Manager presented quotes received and made recommendation to award the work of installation of new pumps and piping for the sewage pumping station on T.H. 55 to Waldor Pump and Equipment for $8,250.00 as low quote. Quotations received: Tri-State Drilling $8,300.00 Waldor Pump & Equipment $8,250.00 MOVEDby Thorsen, seconded by Johnson and carried to award the work to Waldor Pump and Equipment for $8,250.00 as low quote. Report on Status of Natchez and Cedar Lake Road Traffic Study: MOVED by Johnson, seconded by Anderson and carried to receive and file the memo from the City Manager regarding the status of his meeting with the City Manager of St. Louis Park 2,Z._ +,! Regular Meeting of the City Council - October 16, 1978 Request Exemption from Dutch Elm Ordinance: MOVED by Johnson, seconded by Anderson and carried to designate the redevelopment area of North Wirth Parkway as imminent development. Purchase Option - Point Property: MOVED by Johnson, seconded by Thorsen and carried to authorize the Mayor and Manager to sign a Purchase Option with American National Bank and Trust Company. Councilmember Stockman voted nay. MOVED by Thorsen, seconded by Johnson and carried to authorize $1,000 from the Land Fund for this purpose. Councilmember Stockman voted nay. Trade of Land with Library for Road: City Manager stated the Library proposed to request to trade the South one -acre for the North one -acre. The Manager also recommended to reserve a cross -parking easement on the southerly one -acre that would permit the City, in times of overflow parking, to park cars on this property. MOVED by Stockman, seconded by Johnson and carried to authorize the Staff to work with the Library and negotiate the trade for contract subject to the retaining a parking easement over the property. Amendment Fire Position Paper Re: Full-time Public Safety Employees joining Volunteer Fire Department: City Manager requested that the following amendment be added to the position paper: "Full time Public Safety employees, (excluding Fire Inspectors, whose duties include possible conflicts of interest) shall be eligible for membership in the Volunteer Fire Department. However, at no time shall more than 10% of the Volunteer Fire Fighters be full-time Public Safety Employees." MOVED by Thorsen, seconded by Johnson and carried to approve the amendment to the Fire position paper. Consultant Contracts: City Manager reviewed the possibility of hiring the Eberhardt Firm to do a feasibility study on the transformation of an apartment building into condominium for low and moderate income families. After further analyzing the building the reviewing the site plans it was determined that it was not feasible to turn that apartment building into a condominium of any size. At this time the project is not feasible. Im Regular Meeting of the City Council - October 16, 1978 MOVED by Johnson, seconded by Thorsen and carried to receive and file the Managers memo regarding Eberhardt Firm. City Manager reviewed his meeting with Carl Vogt. Carl Vogt's cost would be $2,750 and our cost for providing him with maps would be $150. MOVED by Anderson, seconded by Thorsen and carried to authorize the Manager to hire Carl Vogt at the price of $2,750 for the purpose of providing an inventory of existing open spaces plus $150 for the cost of providing maps to him. Valley Square Commission Appointment: It was Council consensus to table this appointment for a later date. Councilmember Stockman: Parking Reuqest: Councilmember Stockman received a call from a resident, Mrs. Lee, requesting that her guests be able to park on Sunday. Councilmember Stockman would like to refer this request to the City Manager suggesting he have the appropriate people give her a call to let her know what kind of petition to bring before the Council. Subcommittee Meeting: It was announced by the Council that there would be a Subcommittee meeting on October 23rd at 3:15 p.m. for Ray Stockman and Gloria Johnson on the matter of the role of Council and Commissions. Adjournment: MOVED by Thorsen, seconded by Johnson and carried toted"�`7ourn the meeting at 12:35 p.m. J ROBERT R. HOOVER, MAYOR ATTEST: COUNCIL 8ECRET RY