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05-17-88 CC MinutesRegular fleeting of the City Council Play 17 , 1988 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, fli nnesota was held at 7800 Golden Valley Road in said City on Play 17, 1988 at 6:30 PH. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City P1anage r; Lowell Odland, Director of Public Works; Robert Skare, City Attorney; and Judy Nally, Deputy City Clerk. Approval of Minutes - Play 3, 1988 11OVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes of the City Council meeting of Play 3, 1988 as submitted. Approval of Agenda MOVED by Bakken, seconded by Stockman and motion carried unanimously to approve the agenda of Play 17, 1988 as amended: Addition of Communications and Petitions: Letters from: George P. Svendsen, Jr. and Larry Pl. Smith Regarding 88 SI 8, and Anthony Orozco Regarding 88 SI 6. Addition of Departmental Item: Request by G. Keeley Caterers to Serve Beer and Wine at the Brookview Park Shelter Addition of Manager's Items: Update on Acquatential Fountain Addition of Mayor and Council Items: Laurel Avenue, Medicine Lake Road 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 (*), except removal of Mayor and Council Item - Community Energy Council and addition of Departmental Item - Request by G. Keeley Caterers to Serve Beer and Wine at Brookview Park Shelter. *Bills and Claims 14OVED 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 #11994 to #12120 and #5941. *Charitable Gambling Renewal - American Legion Post #523 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the charitable gambling renewal for American Legion Post #523. *Charitable Gambling Exemption - American Diabetes Assoc., Minnesota Affiliate MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the charitable gambling exemption for the American Diabetes Assoc., Minnesota Affiliate. Regular Meeting of the City Council May 17, 1988 *Taxi Driver Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of taxi driver's licenses as recommended by staff. *Valley Days Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to waive the license fees for vendor's participating in the Valley Days Celebration. Informal Hearing - Liquor License Violation - Restaurant Ventures One Mayor Anderson introduced the agenda item. Robert Soskin, Winthrop and Weinstine, Attorney representing Restaurant Ventures One, requested that they be granted a brief continuance of the hearing to allow them to prepare for the hearing so they may be able to discuss the matter more fully with the Council. William Joynes stated that any action the Council would take on the liquor license suspension would have to be taken during the current licensing period which ends June 30, 1988. The Council discussed the hearing process and how the postponement of the hearing would effect the Council's action. MOVED by Stockman, seconded by Thompson and notion carried unanimously to contine the informal hearing on the liquor license violation for Restaurant Ventures One to June 14, 1988 at 6:30 PM. Liquor License Renewals (On -Sale, Off -Sale, Sunday Sale, Club and Wine) MOVED by Thompson, seconded by Bakken and notion carried unanimously to authorize the renewal of liquor licenses for on -sale to: Schuller's Tavern; for On-Sale and Sunday Sale to: Golden Valley House, Red Lobster, The Samurai, Inc. - The Samurai Japanese Steak House; for Off -Sale to: Byerly's Beverages, Golden Valley Liquor Barrel, Perks, Inc. d/b/a Minn. Network Liquors and Westview Liquors; for Wine On -Sale to: Piazza's Ristorante. MOVED by Johnson, seconded by Stockman and notion carried unanimously to authorize the renwal of liquor licenses, conditioned upon receipt by the City of Certificate of Insurance indicating liquor liability coverage, for Off -Sale licenses to: GVL Inc. d/b/a Golden Valley Liquor Warehouse; for On -Sale and Sunday Sale to: Jax of Golden Valley. MOVED by Johnson, seconded by Thompson and notion carried unanimously to authorize the renewal of the off -sale liquor license for Queen's Plaza Liquors d/b/a United Liquors #2. MOVED by Johnson, seconded by Bakken and notion carried unanimously to authorize the renewal of the Off -Sale liquor license for flGP1 Liquor Warehouse conditioned upon receipt by the City of Certificate of Insurance indicating liquor liability coverage. William Joynes reviewed the history of the overcrowding and violations of the City Code at Rupert's Nightclub and stated the Council may wish to consider sti- pulations on the liquor license that Rupert's install some type of monitoring device which allows for accurate counting of the nightclub area. Regular fleeting of the City Council Play 17, 1988 Liquor License Renewals (On -Sale, Off -Sale, Sunday Sale, Club and Wine) - Continued Allen Barnard presented the recommended motion the Council should consider. The Council discussed the wording of the motion and mechanical and/or electrical devices available on the market. The Playor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Sherman Winthrop, Attorney representing Restaurant Ventures One, had questions regarding what type of device the Council would like to see installed and requested that the staff provide standards of what should be installed. He felt that the stipulation should also be placed on other businesses and that Rupert's should not be singled out. He feels every establishment which has a,capacity limit should be governed under the same ordinance. William Joynes stated the Rupert's is the only nightclub in the City at this time and the stipulation is recommended because of problems caused in the past. Allen Barnard stated the ordinances are being recodified to permit the condition to provide for the maintaining and retaining in working order of the mechanical and/or electrical device. The Mayor closed the public hearing. MOVED by Johnson, seconded by Stockman and motion carried unanimously to renew the On -Sale and Sunday Sale license of Restaurant Ventures One, for a one year period commencing July 1, 1988 subject to the condition that prior to July 1, 1988 it install to the satisfaction of the City Manager or his designee, and maintain in good working order all year, a mechancial or electronic system to count and accurately report the number of people in the Ruperts' Nightclub establishment at all times that it is open to the public, and also subject to the City receiving a Certificate of Liquor Liability Insurance before the licenses can be issued. *Hinutes of Boards and Commissions MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Civic Center Task Force - Play 5, 1988 Planning Commission - Play 9, 1988 Board of Zoning Appeals - May 10, 1988 *Call for Public Hearin - Rezoning to Business and Professional Offices Zoni District - Lot East of and Adjacent to 6500 Olson Hemorial Highway - 6/21/88 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider the rezoning the vacant parcel of land adjacent to and east of 6500 Olson Memorial Highway from the Open Development to the Business and Professional Offices Zoning District for June 21, 1988. I Regular fleeting of the City Council flay 17 , 1988 Public Hearing - First Reading - Conditional Use Permit - 2300 Nevada Avenue North MOVED by Johnson, seconded by Thompson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit to Allow for Food Processing in an Industrial Zoning District) 2300 Nevada Avenue North Mr. DuCharme, Proponent, requested that the date set for site improvements to be completed by be extended to June 30, 1990. He stated that removal of the storage tanks would place a financial hardship on him. Gary Prazak, Planning Commissioner, stated the Commission recommended approval of the Conditional Use Permit. Mark Grimes, Director of Planning and Development stated the Fire flarshal recom- mended removal of the storage tanks within 30 days of the real estate closing. The Council discussed the time frame for removal of the storage tanks and the request for extension of the date for site improvements to be completed. MOVED by Johnson that the Council approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: amending condition number 4 to read as follows: Underground fuel storage tanks shall be removed no later than 90 days from the real estate closing, and condition number 5 to read as follows: Site improvements indicated on the approved Site Plan, Sheet L1, prepared by Damon Farber Associates, dated April 7, 1988, and revised April 8 and April 18, 1988, shall be completed no later than November 1, 1990. Motion failed for lack of a second. MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. The site shall conform to the Site Plan, Sheet L1, prepared by Damon Farber Associates, dated April 7, 1988, and revised April 8, 1988 and April 18, 1988. 2. All green area adjacent to parking and drive shall be protected by concrete curb as required by the City Zoning Code. 3. Abandoned underground fuel storage tanks shall be removed in accordance with Uniform Fire Code Section 79.133 and in accordance with direction from the City fire Marshal. 4. Underground fuel storage tanks shall be removed no later than 90 days from the real estate closing. 5. Site improvements indicated on the approved Site Plan, Sheet L1, prepared by Damon Farber Associates, dated April 7, 1988, and revised April 8 and April 18, 1988, shall be completed no later than June 30, 1990. 6. One or more financial guarantees in amounts or a total amount approved by the City Engineer and City Building Official shall be provided to guarantee removal of the underground fuel storage tanks and installation of all site improvements, including asphalt paving, concrete curb and landscaping. A financial guarantee in an amount to cover the landscaping shall run for two (2) full growing seasons after installation of landscaping materials and until released by the Golden Valley Inspection Department. The financial guarantee(s) shall be delivered to the City of Golden Valley Inspection Department prior to issuance of any permits. Regular fleeting of the City Council May 17, 1988 Public Hearing - First Reading - Conditional Use Permit - 2300 Nevada Avenue North - Continued 7. All waste generated by the occupancy shall be stored internally until removed from the premises. 8. The site shall meet all requirements and recommendations of the City Fire Marshal, City Engineer, City Sanitarian, and City Building Official. 9. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use pe mit. Upon a.roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOHPSON - YES Public Hearing - (Street Improvement) - 88 SI 5 - Rhode Island Avenue North, 88 SI 6 - Sumter Avenue, 88 SI 7 - Kyle Avenue North, 88 SI 8 - Mary Hills Drive - Continued Lowell Odland gave a brief overview of the entire street reconstruction program. Lowell Odland presented the project for 88 SI 5, Rhode Island Avenue North. The Hayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mike Dysart, 1820 Rhode Island Avenue North, asked when construction would start and when the project would be assessed. Kathryn Segel, 1600 Rhode Island Avenue North, asked how long the asessment would run on the tax rolls and if the entire street would have to be removed or if sections of the road would be reconstructed. The flayor closed the public hearing. Member Thompson introduced the following resolution and moved its adoption: /�E SL1 t UTi G'�t! IV,-,. f f -3 t, RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 88 SI 5 The notion for the adoption of the foregoing resolution was seconded by Member Stockman 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: I2`SD1-Ur-IoN X10. 99-37 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 88 SI 5 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 flayor and her signature attested by the Deputy City Clerk. See Resolution Book Page Regular Meeting of the City Council May 17, 1988 Public Hearing - (Street Improvement) - 88 SI 6 - Sumter Avenue . Lowell Odland presented the project for 88 SI 6, Sumter Avenue. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Player Tapper, 1601 Sumter Avenue North, asked what the long range costs are to the taxpayers for the project and asked what would happen if the street reconstruction project was not completed. The Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: u 7-16A,' n/&. YY -39 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 88 SI 6 The notion 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: 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 Thompson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 88 SI 6 The notion 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 Public Hearinq - (Street Improvement) - 88 SI 7 - Kyle Avenue North Council P1ember Larry Bakken and Assistant City Attorney Allen Barnard stated they had a potential conflict of interest regarding this project because they both live on Kyle Avenue. Lowell Odland presented the project for 88 SI 7, Kyle Avenue North. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Frank Schultz, 2420 Kyle Avenue North, asked questions about the drainage and stated that his garage gets alot of water during heavy rains and asked if additional drainage could be installed. Cabell Greenwood, 2501 Kyle Avenue North, asked what the basis for estimates for the repairs are and how accurate the estimates have been in the past. Regular fleeting of the City Council flay 17, 1988 Public Hearing - (Street Improvement) - 88 SI 7 - Kyle Avenue North - Continued Bill Kuhlman, 2621 Kyle Avenue North, stated he is in favor of the project, asked about the storm sewer installation costs, sodding and width of driveway apron. Walter Tiffin, 2610 Kyle Avenue North, asked if the project will fix the storm sewer problems and feels only minor street repairs are needed. Jim Liedor, 2460 Kyle Avenue North, asked how soon a street is sealcoated after it is installed, what the cost are, why the manhole covers drop a few inches when the road settles and maintenance of the streets. Brent Nelson, 2421 Kyle Avenue North, would like to have his curb -cut redone. The Mayor closed the public hearing. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 88 SI 7 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 Johnson introduced the following resolution and moved its adoption: /2ESDl- U r1v.v NO- Xf- #-/ RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 88 SI 7 The motion for the adoption of the foregoing resolution was seconded by Member Stockman 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 . Public Hearing -_(Street Improvement) - 88 SI 8 - Mary Hills Drive Lowell Odland presented the project for 88 SI 8, Mary Hills Drive. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Sheldon Ajax, Unity Christ Church, 2201 Regent Avenue North, asked what the assessed interest rate is, and what the access to the parking lot will be when during construction. Larry Smith, 2080 Mary Hills Drive, feels the drainage is good, the curb and gutter is adequate and feels usage of the road by the Church is the problem. He asked why Wasatch Lane was not included with this project. Regular fleeting of the City Council flay 17, 1988 Public Hearing - (Street Improvement) - 88 SI 8 - Mary Hills Drive- Continued flax Schuldt, 2130 Mary Hills Drive, supports what fir. Smith stated. Mel Warnert, 2150 Clary Hills Drive, supports what Mr. Smith stated, especially regarding traffic created by the Church. Ms. Bushrod, 2040 Mary Hills Drive, supports what fir. Smith stated. Ian Drummond, 4010 Wasatch Lane, supports what fir. Smith stated. Frank Garofono, 2200 Hary Hills Drive, supports what Mr. Smith stated. The Mayor closed the public hearing. MOVED by Bakken, seconded by Johnson and motion carried unanimously to continue the pubic hearing to June 14, 1988 to allow staff time to bring back information onregarding the feasibility of reconstructing Wasatch Lane and Mary Hills Drive at the same time. Public Hearing First Reading Rezoning to R-2 (Two -Family) Zoning District - Lot at 120 Meadow Lane MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE • (Rezoning from R-1 Single Family to R-2 Two -Family Residential Zoning District (120 Meadow Lane North - flarc Teren, Proponent) Marc Teren, proponent, reviewed the rezoning and answered questions from the Council . Gary Prazak, Planning Commissioner, presented the Commission's report and stated the Commission denied the rezoning. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Al Anderson, 125 North Meadow Lane, opposed to the rezoning, concerned other property owners will wish to subdivide their lots and add more housing in the neighborhood. Peter Grant, 5111 Colonial Drive, purchased the lot at 210 Sunnyridge Circle, submitted a petition stating they object to the multi -dwelling being built, because it diminishes the equality of the neighborhood and feels spot zoning is disruptive to the neighborhood. Bil Wood, 208 Sunnyridge Circle, opposed to the rezoning because of the precedent it would set, read and submitted letters from three neighbors. Pam Lot, 220 Sunnyridge Circle, concerned over spot zoning, and feels it would affect the property values of the houses in the neighborhood and quality of life. Alan Kamrath, 105 North Meadow Lane, owns house at 4010 Glenwood, asked how Mr. Teren could know what is best for the neighborhood and asked if he will just take the equity out of the house and leave the neighborhood. I • Regular Meeting of the City Council Public Hearing - First Reading - Rezoni Lot at 120 Meadow Lane - Continued May 17, 1988 to R-2 (Two -Family) Zoning District - John Stockman, 204 Sunnyridge Lane, opposed to the rezoning, likes the neigh- borhood the way it is and wants it to remain a single-family neighborhood. Leonard Bonander, 221 North Meadow Lane, strongly objects to the rezoning and feels the rezoning would disrupt the neighborhood. George Keister, 211 North Meadow Lane, asked what the procedure for splitting a lot is and stated he is opposed to the rezoning. Nancy Long, 219 North Meadow Lane, opposed to the R-2 rezoning. Chuck Freiborg, former owner of 120 Meadow Lane and architect for the project, stated they want to be sympathic to the neighborhood, will not destroy anyones view, will look like a single home, and feels the project is well conceived and designed. Dorothy Ellstrom, 15 North Meadow Lane, opposed to rezoning. Pat Bonander, 221 North Meadow Lane, strongly opposed to the rezoning. Mark Grimes, Director of Planning and Development answered questions regarding the Subdivision Code. Eric Anderson, Attorney representing 11r. Teren stated he is only interested in obtaining a zero lot line clearance. The Mayor closed the public hearing. MOVED by Johnson, seconded by Stockman and motion carried to deny the rezoning to R-2 (Two -Family) Zoning District for the lot located at 120 Meadow Lane because it is spot zoning and the requested rezoning is contrary to the integrity to the R-1 Zoning in the area. ANDERSON - NO BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Public Hearing- First Reading - Ordinance Amendments - Child Care Facilities MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: e,>1?_4 NANLG' BYO, 1/2 AN ORDINANCE AMENDING THE CITY CODE (Defining and Permitting Child Care Facilities by Conditional Use Permit in Commercial, Business and Professional Offices, Light Industrial, and Industrial Zoning Districts) Mark Grimes, Director of Planning and Development introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON- YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES I Regular Fleeting of the City Council Flay 17, 1988 Public Hearinq - Second Readinq - Conditional Use Permit - 2900 Lee Avenue North MOVED by Stockman, seconded by Thompson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: d%'.61n11-)1v6JC-- tiv. '7/0 AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Home Occupation in a Residential Zoning District) 2900 Lee Avenue North The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. No more than four (4) pets may be on the premises for gromming on any one day. 2. No dogs or cats that have been groomed shall be kept overnight. 3. The yard or a portion of the yard shall be fenced for dogs or cats to go outside. 4. No more than one (1) animal brought in for grooming shall be outside at any one time and shall be on a leash. 5. Evidence should be provided that shows separate liability insurance for the business. • Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES *Letter from John B. McLaughlin Regarding 88 Street Improvement 7 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from John B. McLaughlin, dated Flay 10, 1988, regarding 88 street improvement 7 and consider it at the public hearing. *Leter from John and Vary Jo Stockman Regarding Rezoning Lot at 120 Meadow Lane MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from John and Mary Jo Stockman, dated April 29, 1983 regarding the rezoning of the lot at 120 Meadow Lane and consider it at the public hearing. *Letters from: George P. Svendsen, Jr. and Larry F1. Smith Regarding 88 SI 8, and Anthony Orozco Regarding 88 SI 6 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letters from George P. Svendsen, Jr., dated May 17, 1988 and Larry 11. Smith, dated flay 10, 1988 regarding 88 SI 8 and Anthony Orozco, dated May 17, 1988 regarding 88 SI 6 and consider them at the public hearing. *April 1983 - General Fund Budget Report MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the April 1988 General Fund Budget Report. i0 Regular fleeting of the City Council May 17, 1988 *Requests to Serve Beer and/or Wine at Brookview Picnic Shelters MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file and approve the following requests: Golden Valley Employees, dated flay 13, 1988 to serve beer on June 9 from 4:30 PM until dusk at the large picnic shelter; Jeff Passolt, dated flay 5, 1988 to serve beer on flay 21 from 5:00 PM until dusk at the large picnic shelter; Towle Real Estate, dated May 5, 1988 to serve beer and wine coolers on June 23 from 5:00 PM until dusk at the large picnic shelter; Nortronics, dated May 5, 1988 to serve beer on August 13 from 11:00 All until dusk at the large picnic shelter; Honeywell IDS, dated April 29, 1988 to serve beer and wine on July 14 from 11:00 AM until dusk at the large picnic shelter; UNI Alumni Association, dated flay 4, 1988 to serve beer on September 10 from 11:00 AM to 4:00 PM at the small picnic shelter and G. Keeley Caterers, dated May 12, 1988 to serve beer and wine on May 26 from 11:00 All until 4:00 PM at the small picnic shelter. Appeal of Board of Zoning Appeal Denial - Thomas R. Bauer - 222 Hanley Road Thomas R. Bauer, owner, 222 Hanley Road, was at the meeting to appeal the decision made by the Board of Zoning Appeal to deny his request for a waiver of the set back requirements for a garage addition. He reviewed his request sub- mitted to the Board and answered questions from the Council. Mahlon Swedberg, Board of Zoning Appeals Commissioner, reviewed the action taken by the Board. William Joynes reviewed the background of the examples submitted by fir. Bauer of properties that appeared to have violated the set back requirements. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Roger Nelson, 210 Hanley Road, is opposed to the waiver and stated that Mr. Bauer knew there was only one garage when he purchased the property. He stated he was opposed to waiving the set back requirements when the garage was originally built. Mr. Bauer submitted a letter from Lucille Noer, 300 Hanley Road, which stated she is in favor of Mr. Bauer getting the necessary waivers. Mr. Bauer also submitted additional photos he took of his property showing the present alignment of the garage and where the proposed alignment would be. He submitted cost estimates for constructing the expanded garage, a two -car detached garage, driveway and retaining wall. The Mayor closed the public hearing. MOVED by Johnson, seconded by Thompson and motion carried unanimously to deny the appeal of the Board of Zoning Appeals decision for waiver of the front and side set back requirements for 222 Hanley Road. ►r Regular Meeting of the City Council Play 17, 1988 *Request for Waiver Df Parking Ordinance • Member Stockman introduced the following resolution and moved its adoption: RESOLUTION SUSPENDING NO PARKING RESTRICTIONS ON KILLARNEY DRIVE AND OTTAWA AVENUE 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 *Call for Public Hearing - City Code - 6/14/88 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call for an informal public hearing to consider adoption of the revised and codified ordinances for June 14, 1988. *Call for Informal Public Hearing - Police Civil Service Commission - 6/14/88 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call for an informal public hearing to consider adoption of an ordinance regarding the Police Civil Service Commission for June 14, 1988. *Quotes - 1988 Road Striping and Marking MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the centerline, lane and crosswalk striping and marking from the lowest responsible bidder, Deneson Striping, Inc. for $6,080.00. The quotes are as follows: Deneson Striping, Inc. $6,080.00 AAA Striping 6,170.00 Striping Services 6,660.00 *Bid — Multi -Hazard Response Vehicle 11OVED by Stockman, seconded by Johnson and motion carried unanimously to award the bid for the purchase of a multi -hazard response vehicle with the following options: no -spin rear axle, front bumper winch and Koehler Model 5680 charger from the lowest responsible bidder, Custom Fire, Inc. for $90,900.00. The bids are as follows: • Custom Fire $90,000.00 Fire Safety Products 102,254.00 *Authorization to Prepare Plans and Specifications - Civic Center Remodeling MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize Toltz King Duvall Anderson and Associates (TKDA) to prepare plans and specifica- tions for the Civic Center Remodeling for a fee not to exceed $100,000. 0 Regular fleeting of the City Council May 17, 1988 Update on Aquatennial Fountain • Mayor Anderson stated that William Joynes and Dean Mooney met with the Aquatennial Committee and the Committee has agreed: to reimburse the City for the overtime for thePolice Department, to provide approximately 5,000 parking spaces to be used with shuttle plan, to provide no parking signs on designated streets and monitor them, to provide barricades and staff them if the no parking signs don't work, to provide litter and cleanup support, and to provide additional police if necessary. William Joynes has agreed to provide a building permit upon written confirmation from the Aquatennial Committee. MOVED by Stockman, seconded by Thompson and motion carried to receive and file the verbal report regarding the Aquatennial Fountain. Announcements of Meetings A dinner will be held June 6, 1988 at Jax Cafe to honor John Mitchell. Those interested in attending should contact Mayor Anderson. Mayor's Communications No action taken. *Letter from Laura Ehlert, Detached Worker MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Laura Ehlert, Detached Worker, YMCA, dated May 4, 1988 regarding her introduction as Golden Valley's Detached Worker. Letter from Metropolitan Transit Commission and Regional Transit Board Regardi ng I-394 Mayor Anderson stated that any Council Member can attend the meeting scheduled for June 2 at 7:00 PM at Golden Valley City Hall regarding I-394. Valley Days Report Jim Plurphy and Carolyn Miller, Co -Chair, Valley Days Committee updated the Council on the activities planned for the Valley Days Celebration, which will be held June 16 - 18, 1988. Community Energy Council Mayor Anderson introduced the agenda item. Member Johnson introduced the following resolution and moved its adoption: loE50L UT/0AJ NO, !?Y-#3 RESOLUTION DESIGNATING A COMMUNITY ENERGY COUNCIL REPRESENTATIVE AND SUBMISSION OF A JOINT APPLICTION FOR AND EXECUTION OF AN ENERGY PROGRAM GRANT AGREEMENT The motion for the adoption of the foregoing resolution was seconded by Plember Bakken and upon a vote being taken thereon, the following voted in favor • thereof: Anderson, Bakken, Johnson, Stockman and Thompson; and the following 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 fleeting of the City Council May 17, 1988 Laurel Avenue Mayor Anderson stated that Glenwood Avenue would be closed for two weeks because of construction of storm sewer by MnDOT, and requested that the Engineering Department be authorized to open Laurel Avenue before June 15 and authorize a letter be sent to the residents. Lowell Odland reviewed the project. MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the Engineering Department to open Laurel Avenue and authorize the Mayor to send a letter to the residents regarding the Council's action. Medicine Lake Road Mayor Anderson requested the Council authorize her to send a letter to the Mayor's of New Hope and Crystal regarding the setting of an informational meeting to discuss fiedicine Lake Road alternatives. MOVED by Stockman, seconded by Thompson and motion carried to authorize the flayor to send the letter to the Mayor's of New Hope and Crystal. Council Member Johnson voted no. Adjournment MOVED by Stockman, seconded by Johnson and motion carried unanimously to adjourn the meeting at 10:55 PM. Mary E. erson, Mayor ATTEST: \-f la J y Na y, Deputy ity Clerk 0