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12-04-78 City Council Minutesf)17 Regular Meeting Of The City Council December 4, 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 December 4, 1978 at 6:35 p.m. The following members were present: Anderson, Hoover, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet; City Attorney, Allen Barnard; City Engineer, Lowell Odland and Council Secretary, Sue Ann Oman. Gloria Johnson arrived at 7:30 P.M. Approval o.f Minutes of November 20, 1978 MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of November 20, 1978 as amended: page 255 - Under Approval of Licenses change the word "noting" to "approving". page 252 and 251 - Change the dates of the Public Hearings from "1978" to 111979'. Minutes of November 20, 1978 Special Meeting of the HRA MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the H.R.A. Special Meeting of November 20, 1978. Approval of Verified Accounts: (Bills and Claims) MOVED by Thorsen, seconded by Anderson and carried to approve the payment of the bills as submitted on the prelist. Summons - Karl Peterson MOVED by Anderson, seconded by Thorsen and carried to receive and file the summons from Karl Peterson. Approval of the Licenses Member Thorsen abstained on License #5453 due to a possible conflict of interest. MOVED by Anderson, seconded by Stockman and carried to approve the issuance of the licenses as listed on the amended prelist with the noted abstention. Application for On -Sale Sunday Liquor License - White House MOVED by Thorsen, seconded by Anderson and carried to approve the Sunday On -Sale Liquor License for the White House. 1 Board of Zoning Appeals - November 14, 1979; Open Space Commission - October 18, 1978; Building Board of Review - November 21, 1978; Housing and Community Development Commission - November 8, 1978; Housing and Community Development Commission Special Meeting - November 29, 1978; Safety Council - September 25, 1978; Safety Council - October 23, 1978; Planning Commission - November 27, 1978. Park and Recreation Presentation - Burt Brown: Recreation Study Burt Brown, Chairman, Park and Recreation Commission summarized the Recreation Study, made comments on each redommendation and was available to answer any questions. MOVED by Anderson, seconded by Thorsen and carried to commend the full commission and particularly the subcommittee for their preparation of the report on the recreation programs and that we encourage and support them in pursuing the recommendations which they have proposed in the Recreation Study. Park and Recreation Presentation - Burt Brown: Designation of Responsobility for Policy Setting of Land Area MOVED by Stockman, seconded by Anderson and carried to receive and file the communication from Burt Brown dated November 29, 1978. Regular Meeting of the City Council - December 4, 1978 N8. LICENSEE TYPE FEE 5482 Ivan V. Lee (Lee's Catering Co.) Cig. 12.00 5483 Walgreen Drug Cig. 12.00 5484 Duwayne Grotta (Grotta's Union 76) Cig. 12.00 `5485 Red Lobster Inns of America Cig. 12.00 5486 Action Electric, Inc. Cig. 12.00 5487 Golden Valley Lanes Cig. 12.00 5488 Golden Valley Health Center -Gift Shop Cig. 12.00 5489 Canteen Co. Cig. 12.00 5490 Canteen Co. Cig. 12.00 .5491 Canteen Co. Cig. 12..00 5492 Opportunity House, Inc. Cig. 12.00 5493 Bill Reed (Reed Candy & Tobacco Co.) Cig. 12.00 5494 Golden Valley Spur Cig. 12.00 5495 Ron-Vik, Inc. Cig. 12.00 5496 Pederson -Franke Jobbing (Egan & Sons) Cig. 12.00 5497 Suburban Tire, Inc. Cig. 12.00 5498 Nemo's Seafood Co., Inc. It. Food 12.00 Approval of Minutes of Boards and Commissions MOVED by minutes Anderson, seconded by Thorsen and carried of the Boards and Commissions meetings as to receive and file listed on the agenda the from F through M. Board of Zoning Appeals - November 14, 1979; Open Space Commission - October 18, 1978; Building Board of Review - November 21, 1978; Housing and Community Development Commission - November 8, 1978; Housing and Community Development Commission Special Meeting - November 29, 1978; Safety Council - September 25, 1978; Safety Council - October 23, 1978; Planning Commission - November 27, 1978. Park and Recreation Presentation - Burt Brown: Recreation Study Burt Brown, Chairman, Park and Recreation Commission summarized the Recreation Study, made comments on each redommendation and was available to answer any questions. MOVED by Anderson, seconded by Thorsen and carried to commend the full commission and particularly the subcommittee for their preparation of the report on the recreation programs and that we encourage and support them in pursuing the recommendations which they have proposed in the Recreation Study. Park and Recreation Presentation - Burt Brown: Designation of Responsobility for Policy Setting of Land Area MOVED by Stockman, seconded by Anderson and carried to receive and file the communication from Burt Brown dated November 29, 1978. Regular Meeting of the City Council - December 1+, 1978 Solicitation Ordinance: Staff Report The following three options were discussed by the Council to amend the Solicitation Ordinance: 1. Require the organization to maintain a list of names of the people who will be soliciting or peddling. 2. Require the organization to submit the names of only the organization's officers if the number of solicitors is over a certain number. 3. Exemption for minors. Dick Henneberger Re: Dissolution of Suburban Public Health Nursing Service MOVED by Anderson, seconded by Thorsen and carried to authorize discontinuance of our participation in the Suburban Public Health Nursing Service Joint Powers Agreement. Helen R. Holmes -_Special Assessment Appeal MOVED by Anderson, seconded by Thorsen and carried to deny the appeal and request the Mayor to communicate to Mrs. Holmes and explain to her that she was in error as to the total amount that she was expecting to pay. John C. Schufman - United States Postal Service Re: Post Office Property MOVED by Thorsen, seconded by Anderson and carried to receive and file the communication from John Schufman dated November 16, 1978. Clinton Berg - Golden Valley Detached Worker MOVED by Anderson, seconded by Thorsen and carried to receive and file the communication from Clinton Berg dated November 20, 1978. Harold T. McClendon Re: Resignation from Housing and Community Development Comm. MOVED by Thorsen, seconded by Anderson and carried to accept the resignation and ask the Mayor to send him the customary letter of appreciation and thank him for his offer of help in selecting a replacement but indicate to him that if he knows of anyone who is interested;.he should'encourage .them to apply. Public Hearing RSL 94 - Gettysburg Avenue Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Member Johnson arrived at 7:30 p.m. Steve Peschel, 1637 Gettysburg - Expressed his concerns regarding children near the streets when they are not lighted. In favor of RSL 94. Glo Regular Meeting of the City Council December 4, 1978 Mayor Hoover closed the public hearing. Member Anderson introduced and read the written resolution and moved its adoption: RESOLUTION RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 94 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, 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; Public Hearing P.U.D. #16A - King Creek Ron Bastyr, representing Richard Neslund and the Centurion Company, presented the proposal for King Creek. Sue Eastes, Planning Commission, reviewed the recommendations of the Planning Commission. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Melvin Gittleman, 96105 Oakridge Trails, Mtka, President of Gittleman Corp - Owners of the land immediately west of the property under discussion. Expressed his objections of the Neslund proposal. Requests Neslund proposal be rejected. Glen Eiden - 345 Brunswick Ave. So. - In favor of this proposal and is willing to see other proposals but not to start at zero. Lee LeBlanc, 225 Brunswick Ave. So. - Commends designer for listening to the neighbors and being willing to come back with a plan with a lower density. Mayor Hoover closed the public hearing. Allen Barnard declared a possible conflict of interest with the proposed developer. MOVED by Anderson, seconded by Stockman and carried to declare that technical legal advice in this regard would be acceptable from our legal counsel. MOVED by Johnson, seconded by Thorsen and carried to deny the proposal from Richard Neslund and the Centurion Company for King Creek. In denying the proposal, the Council made the following findings: 274 Regular Meeting of the City Council - December 4, 1978 1. The street patterns were not adequate to permit cost effective snow plowing by the City and therefore the streets should not have been indicated to be public streets. 2. The street patterns would not have permitted cost effective plowing even if they were private streets, and it was not reasonable to build these extra costs into the design of the development. 3. Lack of adequate parking. 4. Concerns about the impact that this development would have on the planning of the property to the west. 5. Failure to provide for the housing policy requirement for modest cost units. Mayor Hoover and Member Stockman voted nay. Mayor Hoover closed the public hearing. Barbara Juliar Re: Solicitation Ordinance Dale Bistodean, 4825 Markay Ridge - expressed his concerns in providing all the names, addresses and birth dates of people soliciting or peddling. Jan Tetke, 4316 Glencrest Rd. - expressed her concerns regarding providing the list of names. Barbara Jul iar, 3037 Kyle Ave. No. - would be happy with any of the three options that were discussed. Lowell Cole, 7100 Duluth - concerns with number of names required to be submitted. Robert Thimmesh, 2116 Xerxes Ave. N. - expressed his concerns regarding Minnesota Statutes, Section 309 regarding Charitable organizations and concerns regarding profit and non-profit organizations. Sally Fritze, 1850 Hampshire Lane - expressed her concerns regarding the listing of names and the definition of "place to place". Attorney, Robert Skare arrived at 9:00 p.m. Mayor Hoover closed the meeting for public input. MOVED by Anderson, seconded by Thorsen and carried to request the attorney to prepare an amendment to the ordinance that would delete the requirement for submitting a list of names and instead substituting the requirement of having the officer of the organization have the names available. Member Johnson veted nay. 1 Regular Meeting of the City Council - December 4, 1978 Report Re: Post Office Site Acquisition MOVED by Johnson, seconded by Thorsen and carried to defer any action of the relocation of the Post Office until the Senior Community Center Task Force report is received and the presentation of a proposed circulation system for the area if the post office were to be included in the civic center. October Budget Report MOVED by Anderson, seconded by Thorsen and carried to receive and file the October Budget Report. Resolution Authorizing Transfer of Certain Property to HRA Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Authoriting transfer of certain real property to Housing and Redevelopment Authority of Golden Valley for Valley Square Redevelopment Plan) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon roll call vote the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman, 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 pagejf LMC Position Re: State Funding of Actuarial Deficit of Local Police and Fire Relief Associations MOVED by Anderson, seconded by Johnson and carried to approve the policy statement prepared by John Murphy and authorize its submittal to the committee. Legislative Breakfast MOVED by Thorsen, seconded by Johnson and carried to set December 29, 1978 at 7:00 a.m. in the City Hall for a meeting with our legislators. Human Rights Ordinance MOVED by Johnson, seconded by Anderson and carried that it is the intention of the Council at the December 18, 1978 meeting to 1) receive the report from the Human Rights Commission and 2) to determine the process which we will follow. Task Force Meeting - Worksession - December 11, 1978 7:00 P.M. MOVED by Thorsen, seconded by Johnson and carried to set December 11, 1978 for the worksession at 7:00 p.m. Included in the agenda would be Manager's Items and Council Organizational matters. Regular Meeting of the City Council - December 4, 1978 Report Re: Post Office Site Acquisition MOVED by Johnson, seconded by Thorsen and carried to.defer any action of the relocation of the Post Office until the Senior Community Center Task Force report is received and the presentation of a proposed circulation system for the area if the post office were to be included in the civic center. October Budget Report MOVED by Anderson, seconded by Thorsen and carried to receive and file the October Budget Report. Resolution Authoi ;tng:,Tran f ',of--Carta-ip;Property to HRA Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Authoriting transfer of certain real property to Housing and Redevelopment Authority of Golden Valley for Valley Square Redevelopment Plan) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and°upon roll call vote the following voted in favor thereof: Anderson, Hoover, Johnson, Stockman, 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(Q LMC Position Re: State Funding of Actuarial Deficit of Local Police and Fire Relief Associations MOVED by Anderson, seconded by Johnson and carried to approve the policy statement prepared by John Murphy and authorize its submittal to the committee. Legislative Breakfast MOVED by Thorsen, seconded by Johnson and carried to set December 29, 1978 at 7:00 a.m. in the City Hall for a meeting with our legislators. Human Rights Ordinance MOVED by Johnson, seconded by Anderson and carried that it is the intention of the Council at the December 18, 1978 meeting to 1) receive the report from the Human Rights Commission -and 2) to determine the process which we will follow. Task Force Meeting - Worksession — December 11, 1978 7:00 p.m. MOVED by Thorsen, seconded by Johnson and carried to set December 11, 1978 for the worksession at 7:00 p.m. Included in the agenda would be Manager's Items and Council Organizational matters. 276 Regular Meeting of.the City Council - December 4, 1978 Adjournment MOVED by Stockman, seconded by Thorsen and carriedadjourn this meeting at 10:24 p.m. ,� .11 ATTEST: SECRETARY f:Z73ui" ! 4� � VER, MAYOR