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03-01-88 CC MinutesRegular Meeting of the City Council March 1, 1988 . 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 March 1, 1988 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Allen Barnard, Assistant City Attorney; and Judy Nally, Deputy City Clerk. Approval of City Council Minutes - February 16, 1988 MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the minutes of the Regular Council meeting of February 16, 1988 as submitted. Approval of Council/Manager Minutes - February 9, 1988 Will be approved at the March 15, 1988 Council Meeting. Approval of Agenda MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the agenda of March 1, 1988 as amended: Removal of Public Items and Public Hearings: Public Hearing - First Reading - Ordinance Amendment - Rezoning to Light Industrial Zoning District - 2300 • Winnetka Avenue North - The proponent withdrew his proposal. Approval of Consent Agenda MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of license #11691 to #11793 and #5874 - #5880, voiding #11695, 11758, Charitable Gambling Lawful Gambling Exemption MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the Lawful Gambling Exemption for the Golden Valley Rotary Club. 0 Regular Meeting of the City Council *Minutes of Boards and Commissions March 1, 1988 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - January 11, 1988 Planning Commission - February 22, 1988 Human Rights Commission - December 10, 1987 and January 14, 1988 Public Hearing - RSL 172 (Residential Street Lighting) - Sussex Road Lowell Odland presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Justin Perl, 4330 Sussex Road, petitioner, in favor of lights. David Runkle, 4340 Sussex Road, he would like to postpone the installation of the street lights to allow the neighbors to meet and discuss the possibility of installing their own lighting. Doug Diedrich, 4315 Tyrol Crest, feels there is no need for lighting and is opposed to the installation of a pole on his side yard. Clark Lorence, 4335 Sussex Road, opposed. Jeanette Firth, 4346 Sussex Road, does not feel a need for the installation of a street lights. She feels that residents should install their own lights. The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to deny the request for street light installation on Sussex Road. Public Hearing - first Reading - Ordinance Amendment - Rezoning to Light Industrial Zoning District - 2300 Winnetka Avenue North The Mayor announced the proponent for the project had withdrawn their proposal and the item was removed from the agenda. Continued Public Hearin - First Reading - Ordinance Amendment - Devel Moratorium - 1-394 Corridor nt MOVED by Johnson, seconded by Bakken and motion carried unanimously to bring on the table for approval on first reading the ordinance amendment herein entitled: p.eD/Avq,vCE AVo. 1107 AN INTERIM ORDINANCE ESTABLISHING DEVELOPMENT RESTRICTIONS ALONG STATE HIGHWAY 12/I-394 William J oynes reviewed the background information regarding the amendment. Lowell Odland reviewed the rationale for the establshment of the moratorium area and traffic generation areas. Warren Kapsner, Planning Commissioner, • reviewed the Commission's recommendation. Allen Barnard reviewed the I-394 Joint Task Force's responses to the Planning Commission's recommendations from Golden Valley and St. Louis Park. U Regular Meeting of the City Council March 1, 1988 Continued Public Hearing - First Reading - Ordinance Amendment - Development Moratorium - I-394 Corridor- Continued • The Mayor opened the public hearing. Howard Sortland, 6125 Olson Memorial Highway, Acting President, Golden Valley Lutheran College, feels the college site should be removed from the moratorium. The college is incurring costs because of the delay of the sale. The proposed development for the site will only slightly increase traffic on Highway 55 and will not effect the traffic on Turner's Crossroad. Pastor Phil Worthington, 2580 Regent Avenue North, former Academic Dean, Golden Valley Lutheran College, stated many people are giving of themselves, of time and money and they should be repaid. He asked why development is possible north of Highway 55 and east of Highway 100. He supports removing the college from the moratorium and that development should be allowed to proceed at that site. Sam Poppleton, President, Global Ministries, Inc., asked how the boundaries for the moratorium were set and feels they are too broad. He supports the Planning Commission's recommendation to exclude the college projects from the moratorium and feels the moratorium will work without the college site. He stated the City will still have control over development on the site by the Planned Unit Development process. Sev Legred, 1610 Yosemite Avenue North, former educator and coach at Golden Valley Lutheran College, stated he is concerned over monitary losses to former staff and the college itself. He also feels the proposed development will not have any more traffic than when the college was open. Wanda Kaffel, 6150 St. Croix Avenue, opposed to including college in moratorium, and feels a private developer should be allowed to develop the college site. Armand Born, 3251 Quail Avenue North, stated he supports the Planning Commission's recommendation to exclude the college property from the moratorium. Rolland Strand, 6407 Westchester Circle, asked what the traffic study shows for traffic from 1984 to 1988 when the school was closed. He feels it is unfair to include the college in the moratorium when so many people will lose money. Jeanne Scott, 2425 Vale Crest Road, asked how the moratorium could be put on the college site after work had been done to develop the site. She feels the site should be developed and people who have invested in the college should be able to get their money back. Lloyd Jafve rt, 4200 Poplar Drive, reviewed and questioned the I-394 traffic report prepared by Strgar-Roscoe Fausch, Inc. and feels the traffic generated from the college site does not add up to 2% of the traffic in the moratorium area. He doesn't feel traffic from the college'site will add to traffic problems on Turners and feels the traffic is generated from other zones in the moratorium. If the moratorium is approved he is concerned that development cannot occur for up to three years and the college site will become a blighted area. �J Pi Regular Meeting of the City Council March 1, 1988 Continued Public Hearin - First Readin - Ordinance Amendment - Development Moratorium - 1-394 Corridor - Continued • Dayton Soby, 10 Hanley Road, asked who else has requested to be removed from the moratorium. He feels it is not fair to include only the south side of Hwy 55 in the moratorium area. Is concerned over financial consequences of moratorium on develoment of the college site. He feels that development of the site will not increase the traffic on Turner's Crossroad. Dave Selegren, Attorney, MPEC American Properties, stated the company owns property in Zone 8, as defined in the I-394 Traffic Impact Study prepared by Straga r-Roscoe- Fausch, Inc. This area is at the SW quadrant of T.H. 12 an T.H. 100. He stated he supports the Planning Commission's recommendations from both cities. He feels the area requires a transportation system that will work, and that the traffic study should be reviewed further. He is concerned about his inability to proceed with the Environmental Impact Study, and stated they would not apply for an Indirect Source Permit pending the completion of the Environmental Impact Study and would not claim any vested rights. MnDOT is taking some of their land and they would like to replace the parking with a parking structure. They also support the idea that development should be allowed to occur during the mora- torium if part of a Planned Unit Development. He requested that MEPC be allowed to proceed with the Enviromental Impact Statement process. Roger Derrick, President, Derrick Companies, stated he began the process one year ago to develop the college site and feels a moratorium will delay the project for another two years. A concept plan is available and he would like to be able to begin the planning process by working with staff and the neighbors. He would • like the college site removed from the moratorium so development can occur. He has talked to other co -developers who would be interested in developing other segments of the project. Richard Meyers, Lincoln Properties Company, stated he has been working with Derrick Companies to reach an agreement to develop residential properties at the college site and requested the site be removed from the moratorium. Glenn Brown, 611 Sumter Avenue, feels that landowners should be able to get together and set a price on land and the individual landowners who pay taxes should be protected. Merlen Hovden, 5610 Laurel Avenue, feels the college site should be excluded from the moratorium. Gay Jafvert, 4200 Poplar Drive, spoke about her husband Lloyd's time commitment serving on Valley Square Commission and with Global Ministries Village. She believes Lloyd is concerned if the City's best interests are being served by the moratorium. William Scott, 2524 Vale Crest Road, he does not want the college site included in the moratorium and feels that that site would be a good place for development. Jerry Winters, President/C.E.O. Minnesota Center for Health and Rehabilitation, asked the Council to consider adding to the percentage of square footage allowed for expansion of an existing business or building. The proposed interim ordinance • allows expansion up to 10% of existing space if additional parking is not needed on the site. The Mayor closed the public hearing. Regular Meeting of the City Council March 1, :1988 Continued Public Hearing - First Reading - Ordinance Amendment - Development Moratorium - 1-394 Corridor - Continued The Council reviewed the questions and comments made during the public hearing. Staff responded to the questions and comments. Each Council Member commented on the ordinance. MOVED by Johnson, seconded by Thompson to amend the proposed ordinance to exclude all of Zone 6 and that portion of Zone 5 North of Glenwood Avenue, from the ordinance. Council Members Anderson, Bakken, and Stockman voted no. The Council discussed the other requests made to amend the ordinance. It was stated that any requests to amend the ordinance should be presented to the I-394 Joint Task Force Committee for a recommendation to the Golden Valley and St. Louis Park Council's. The Ordinance was amended as follows: 0R,0/A/R,,Vcj9T /V0, 707 AN INTERIM ORDINANCE ESTABLISHING DEVELOPMENT RESTRICTIONS ALONG STATE HIGHWAY 12/1-394 Section 1: Third paragraph - change last sentance to read - Low density residential development (up to four units per acre) need not be restricted because that is consistent with the largely residential nature of the City. Fourth paragraph - add Planned Unit Development between Comprehensive Plan and or rezonings..... 0 Section 3: delete 3.01 in its entirety and amend by adding a new 3.01: This ordinance shall be effective upon its publication and shall terminate 180 days thereafter. However, in the event that both the Cities of St. Louis Park and Golden Valley have not acted upon the recommenddation of the Task Force, it shall be automatically extended for an additional 180 days by the following procedure: The City Managers of both Cities shall provide written notice of such lack of action to their respective Councils, and receipt of such notice shall be reflected in each City Council minutes. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - NO STOCKMAN - YES THOMPSON - YES *Request to Waive No Parking Restrictions on Kelly Drive Member Stockman introduced the following resolution and moved its adoption: sa-/Ur/e)KI ic/U. �?8- /7 RESOLUTION SUSPENDING NO PARKING RESTRICTIONS ON KELLY DRIVE The motion for the adoption of the foregoing resolution was seconded by Member Johnson, and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, 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 her signature attested by the Deputy City Clerk. See Resolution Book Page Regular Meeting of the City Council March 1, 1988 *Letters Regarding Rezoning at 2300 Winnetka Avenue North MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letters regarding the rezoning at 2300 Winnetka Avenue North from: Kathleen R. Hall, dated February 8, 1988; Leland J. Frankman, dated February 12, 1988; Mr. and Mrs. Edward Muszynski, dated February 3, 1988; Gail and Elida Umphrey, dated February 3, 1988; Earl E. Anderson, dated February 3, 1988; Barry and JoAnne ZeVan, dated February 3, 1988; Gerald L. Erickson, dated February 3, 1988; L. Derby, dated February 3, 1988; David H. Sederquist, dated February 3, 1988; and Helen and Tom Harrington, dated February 3, 1988 and Dale A. Clausnitzer, dated January 18, 1988. Letter from Susan Divine Requesting Installation of a__Stop Sign at Aquila Avenue North and Rose Manor Mayor Anderson introduced the agenda item. The Mayor opened the meeting for public testimony. Fran Davies, 2335 Aquila Avenue North, requested the Council install a stop sign at Aquila and Rose Manor. She stated there is an increased number of school age childen in the neighborhood and concerned over their saftey. She asked what the yellow line down the middle of street was for. Susan Divine, 2340 Aquila Avenue North, stated she would like to see a stop sign installed at Acuila and Rose Manor and also expressed concern over the safety of the childen in the neighborhood. • The Mayor closed the hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to call for an informal public hearing to consider the request to install a stop sign on Aquila and Rose Manor for March 15, 1988 at 6:30 PM. Informal Public Hearing - I-394 Frontage Road Lowell Odland introduced the agenda item 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 Hanvick, 901 Utah Avenue South, proponent, stated he is in favor of closing Utah Avenue at the frontage road during construction of I-394. Lowell Odland stated that Otis Mason, 832 Utah Avenue South, called the Engineering Department and stated he wanted it recorded in the official record that he is in favor of closing Utah Avenue. Dan Steiskal, 801 Utah Avenue South, asked how long Utah Avenue will be closed and where it will be blocked off. The Mayor closed the public hearing. • MOVED by Stockman, seconded by Bakken and motion carried unanimously to approve MnDOT's recommendation to temporarily close Utah Avenue South at the frontage road during the construction of I-394. I Regular Meeting of the City Council March 1, 1988 *Letters Regarding I-394 Corridor Development Moratorium MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letters from William R. Scott, dated February 17, 1988; Mrs. Ray Michel, dated February 18, 1988; Philip Worthington, dated February 18, 1988; James A. and Beverly V. Almquist, dated February 18, 1988; Thomas D. Boyce, dated February 17, 1988; Dayton E. Soby, dated February 19, 1988; Victoria Winters, dated February 19, 1988; Howard Sortland, dated February 19, 1988; Gene and Jan Eggersgluess, dated February 19, 1988; Agness Amdahl, dated February 19, 1988; Mrs. Alvin Gotsch, dated February 19, 1988; Pat and Denny Asplund, dated February 18, 1988; Jean Eittreim, dated February 20, 1988; Richard Kaitz, dated January 14, 1988; Allan B. and Eunice E. Sortland, dated February 18, 1988; David and Eva K reager, dated February 22, 1988; Martha Halsten, dated February 23, 1988; Maynard and Nancy Nelson, dated February 22, 1988; Peter Michel, received February 24, 1988; Dr. Theodore J. Hanwick, dated February 23, 1988; Fern Hanwick, dated February 23, 1988; Reino and Evelyn Jokinen, dated February 22, 1988; Bergetta A. Nelson, received February 23, 1988; Steve J. Michel, dated February 22, 1988; Daniel L. Heiden, dated February 22, 1988; Ruby Heiden, dated February 22, 1988; John P. Folkerds, dated February 20, 1988; Paul G. Peterson, dated February 20, 1988; Merlin B. Hovden, dated February 24, 1988; Ruth Hovden, dated February 24, 1988; Katherine Hoppenrath, dated February 25, 1988; Veda L. Rock, dated February 23, 1988; Pars. Harriet R. Ryberg, dated February 23, 1988; F. W. Hetman, dated February 23, 1988; Arthur Mai, dated February 23, 1988; George and Helen Ewing, dated February 23, 1988; Pete and Judy Duelo, dated February 25, 1988; Phillis N. Johnson, dated February 20, 1988; Burdette E. Stoen, dated February 25, 1988; Vivian Wiemerslage, dated February 24, 1988; Hollice K. Hoingschmidt, dated February 22, 1988; Warren and Ramona Larson, dated February 25, 1988; Sam Poppleton, dated February 25, 1988; A. C. Gotsch, dated February 23, 1988; Evelyn Eull, dated February 24, 1988; Philip M. Stone, Jr., dated February 25, 1988; Elmer N. Olson, dated February 21, 1988; John and Solvey Misner, received February 26, 1988; Ray Lundquist, dated February 25, 1988; Lloyd and Ruth Del sart, dated February 23, 1988; Al Mjorud, dated February 23, 1988; Dr. and Mrs. Floyd Ptisner, dated February 25, 1988; Lloyd Jafvert, dated February 26, 1988; Ruth G. Isley, dated February 29, 1988; Gerald A. Haagenson, dated February 26, 1988; Kathleen Hult, dated February 26, 1988; Juanita Whitby, dated February 26, 1988; Donald P Bergqui st, dated February 25, 1988; Ingrid E. Johnson, dated February 29, 1988; Kenneth and Virginia Walker, dated February 25, 1988; Judith L. Anklam, dated February 23, 1988; James W. Andress, dated February 25, 1988; Bill Johander, dated February 25, 1988; Willmar L. Thorkelson, dated February 26, 1988; Lee and Donna Gillogly, dated February 25, 1988; Morris Vogel, dated February 26, 1988; Armend and Ruby Born, dated February 27, 1988; Robert A. Waataja, dated February 26, 1988; Dayton E. Soby, dated February 29, 1988; Bernt C. Opsal, dated February 25, 1988; Arthur B. Johnson, dated February 29, 1988; James E. Haglund, dated February 29, 1988; Bob Griffin, dated February 29, 1988; Dr. and Mrs. Lawrence Schut, dated February 29, 1988; Severt A. Legred, received February 29, 1988; Rev. Russell B. Helgesen, dated February 26, 1988; Mr. and Mrs. Albert Kluver, received March 1, 1988; Lloyd Elkum, dated February 27, 1988; Lorraine Hundlo and Myrtle Kragenbring, dated February 26, 1988; Irma R. Sletten, dated February 29, 1988; Roger D. Derrick, dated March 1, 1988. • 0 Regular Meeting of the City Council March 1, 1988 *Authorization to Enter into Agreement with the City of Robbinsdale for Forester Services MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to enter into a Joint Powers Agreement between the Cities of Robbinsdale and Golden Valley. *Deadline Extension - Final Plat - Valley Village Jax Addition - 9/1/88 MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve an extension of the deadline for filing the Final Plat for Valley Village Jax Addition to September 1, 1988. *Aaaroval of Plans and Specifications and Order in Manner of Construction 87 S Storm Sewer - Seeman Park Member Stockman introduced the following resolution and moved its adoption: %'l�`,�G'L L'TiC�(/ /ISG'• ��'/� RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 87 SS 3 The motion for the adoption of the foregoing resolution was seconded by Member Johnson, and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, 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 her signature attested by the Deputy City Clerk. See Resolution Book Page *Quotes - Purchase of Replacement Brooms for Street Department MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase three types of brooms for the Street Department from the only distributor in the area, MacQueen Equipment Inc. for a total price of $3,792.00. *Quotes - Purchase of Steamer for Street Department MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase one new steamer for the Street Department from the lowest responsible bidder, Speciality Equipment Company for $2,695.00. The quotes were as follows: Speciality Equipment Company $2,695.00 Minnesota Equipment Company 2,800.00 *Quotes - Repair of Motor Grader MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the overhall of the motor grader from the only dealer in the area, Ziegler Company for a total cost of $23,017.00; and authorize the purchase and installation of a new snowplow wing from the lowest responsible bidder, Little Falls Machine, Inc. for $6,400.00. The quotes were as follows: Ziegler, Inc Little Falls Machine, Inc. $6,900.00 6,400.00 11 Regular Meeting of the City Council March 1, 1988 *Authorization for Records Management Evaluation . MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the hiring of The Bottom Line to conduct a records management evaluation of all departments as outlined in their proposal dated February 11, 1988 for $2,000.00. *Resolution Supporting City Engineers Association of Minnesota Regarding Highway Funding Member Stockman introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE HIGHWAY FUNDING RECOMMENDATIONS OF THE TRANSPORTATION FINANCE STUDY COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Johnson, and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, 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 her signature attested by the Deputy City Clerk. See Resolution Book Page *Resolutions Authorizing 3% Interim Increase for Sergeant's and Dispatcher's, Community Service Officers and Fire Inspector Member Stockman introduced the following resolution and moved its adoption: 6,"S - ZO RESOLUTION AUTHORIZING 3% INTERIM INCREASE FOR SERGEANTS • The motion for the adoption of the foregoing resolution was seconded by Member Johnson, and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, 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 her signature attested by the Deputy City Clerk. See Resolution Book Page Member Stockman introduced the following resolution and moved its adoption: 1?4 So.4 u rl,-w Al&. 9T ,? RESOLUTION AUTHORIZING 304 INTERIM INCREASE FOR COMMUNITY SERVICE OFFICER'S, DISPATCHER'S AND FIRE INSPECTOR The motion for the adoption of the foregoing resolution was seconded by Member Johnson, and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, 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 her signature attested by the Deputy City Clerk. See Resolution Book Page Announcements of Meetings A Legislative Breakfast has been scheduled for Saturday, March 26, 1988. A meeting to discuss Tax Reform has been scheduled for March 10, 1988 at 7:00 PM at the Minnetonka City Hall. • Mayor's Communications Mayor Anderson distributed a Traffic Seminar brochure to the Council. Regular Meeting of the City Council March 1, 1988 *Letter from The National Arbor Day Foundation Regarding Tree City USA Award MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from John Rosenow, Executive Director, The National Arbor Day Foundation, dated February 18, 1988 regarding Tree City USA Award. Child Care Works Endorsement Mayor Anderson introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimoulsy to endorse the Child Care Works Legislative Agenda. Adjournment MOVED by Bakken, seconded by Stockman and motion carried unanimously to adjourn the meeting at 12:07 PM. ATTEST: Nyv.dNaCity C er 0 Mary E.Sh6erson, Mayor