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02-07-89 CC Minutes Regular Meeting of the City Council February 7, 1989 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 February 7, 1989 at 5:30 PM. The following members were present: Anderson, Bakken (arrived 6:32 PM), Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Deputy City Clerk. Approval of Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the agenda of February 7, 1989 as submitted. Approval of Consent Agenda MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding organizational item - Bills and Claims. *Bills and Claims MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the issuance of license #12292 to #12295 and #5986 to #5988. *Taxicab Driver Licenses MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the issuance of taxicab driver's licenses as recommended by staff. *Solicitor's License - Minnesota Public Interest Research Group MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the solicitor's license for the Minnesota Public Interest Research Group. *Minutes of Boards and Commissions MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - January 10, 1989 Open Space and Recreation Commission - November 28, 1988 Black History Month Committee - January 12, 1989 Bassett Creek Water Management Committee - December 15, 1988 Civic Center Task Force - December 7, 1988 Joint Water Commission - December 22, 1988 Planning Commission - January 9 and January 23, 1989 Regular Meeting of the City Council February 7, 1989 Page 2 *Call for Public Hearing - Amendment to Comprehensive Land Use Plan Map and Rezon�ng to In ustrial Zoning District - Northeast Corner o Zane Avenue and 0 son Memoria Highway - 3 9 MOVED by Thompson, seconded by Johnson and motion carried unanimously to call a public hearing to consider an amendment to the Comprehensive Land Use Plan Map and Rezoning the northeast corner of Zane Avenue and Olson Memorial Highway (5828 Olson Memorial Highway) from the Open Development Zoning District to the Industrial Zoning District for March 7, 1989. 1988 Public Safety Awards: Police Officer of the Year, Robert Hernz; Firefighter of the Year, Mark Roczniak and Stephen J. M�ckus Community Service Award, Steven Reed Mayor Anderson welcomed the families, friends and staff to the award presentation. Dean Mooney, Director of Public Safety, introduced representatives from the Tennant Company who is one of the sponsors of the award. �im Beardsley, presented the Stephen J. Mickus Community Service Award to Steven Reed. Robert Shellum, Captain, presented the Police Officer of the Year Award to Robert Hernz. Robert Hennessey, Fire Chief, presented the Firefighter of the Year Award to Marc Roczniak. The Council expressed their appreciation to the recipients and their families for their dedication. Public Hearing - First Reading - Ordinance Amendment - Residential Zoning Code - "Residential Facility" Definition MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance: AN ORDINANCE AMENDING THE CITY CODE (Amendment to "Residential Facility" Definition in Residential Zoning District) Mayor Anderson introduced the agenda item. Mark Grimes, Director of Planning and Development, reviewed the background information regarding the definition change. Marge Wherley, Hennepin County, answered questions regarding the County procedures regarding residential facilities and answered questions from the Council . Neil Tift, proponent, outlined his request for changing the definition. Regular Meeting of the City Council February 7, 1989 Page 3 Public Hearing - First Reading - Ordinance Amendment - Residential Zoning Code - "Residential Facility" Definition - Continued Kevin McAleese, Planning Commissioner, reviewed the Commission's recommendations. Jay Pearson, Human Rights Commision, reviewed the Commisson's recommendation. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Richard McCampbell , 705 Hanley Road, came to the meeting opposed, but feels approving a facility on a one-time only basis would be alright. Heather Stesin, 7335 Ridgeway Road, opposed to allowing AIDS facility in the City. Encouraged the Council to visit a Level IV facility. Leo Hanvick, 901 Utah Avenue South, feels the group home situation is in flux, is not in favor of an unlicensed facility and feels the ordinance should not be changed until after it is changed at the State level . Nancy Speer, 608 Turnpike Road, Board of Directors, Mother Cabri House, feels the house is very well run and would not object to living near a facility. Cathy Mamer, 2924 Quail , feels the ordinance should be changed to allow AID's facility. Dr. Mark Stesin, 7335 Ridgeway Road, feels the character of the neighborhood would change if a facility is allowed and thinks the City should wait until a decision has been made by the State. Susan Lenz, 4270 Glenwood, Human Rights Commisisoner, feels the neighborhood would not be effected by the group home. Sister Joan Lucede, Riverdale Center, feels the community needs this type of facility and invited interested persons to visit their home. Bill Jewett, 731 Utah Avenue South, asked if a city referendum to vote on the issue could be held. Allen Ingberg, 7360 Half Moon Drive, asked what other type of group homes are there. Eric Engstrom, Executive Director, MN AIDS Project, urged the city to provide housing for AIDS victims. Feels a facility would be no threat to a community. Lea Wright, 605 Hanley Road, she is concerned over the safety of her children. Donna Mayotte, 4740 Bassett Creek Drive, licensed psychologist, in favor of Level IV facility, stating these victims are our families and that sooner or later we will have to deal with the problem. Regular Meeting of the City Council February 7, 1989 Page 4 Public Hearing - First Reading - Ordinance Amendment - Residential Zoning Code - "Resi ential Facility" De inition - Continued Stewart Leonard, 775 Hanley Road, asked what happens to the facility if Mr. Tift decides to get out of the business. Barry Kane, 30 Western Terrace, represents 19 homeowners who are opposed to the change in the ordinance. Dr. Michael Osterholm, Minnesota's Epidemiologist, reviewed how AID's is transmitted, and projections for the future. Joel Lavintman, 7329 Ridgeway Road, feels facilities should be housed in other cities, stating we are only asking for trouble if approved because of the uncertainty of the effects of AIDS on neighborhoods. Dennis Carlson, 180 Hanley Road, opposed to change in ordinance, asked why everyone in the City was not notified of the hearing, asked what the approval process is for the facility. Frank Raymond, Doctor, University of Minnesota, stated the hospital was too expensive to care for AID's victims and a group home is more like a family support system. S. Awend, 7340 Ridgeway Road, asked about the distance between state facilities and Level IV homes. The Mayor closed the public hearing. Each Council Member stated their views regarding the proposed ordinance change. Upon a roll call vote, the vote was as follows: ANDERSON - NO BAKKEN - NO JOHNSON - NO STOCKMAN - NO THOMPSON - NO The Council finds and determines: 1. The current requirement of state licensing for Residential Facilities was included in the City Code because of a determination by the Minnesota Legislature that it was necessary to provide uniformity throughout the state for such facilities and that permanent administration of the program requirements and program control were necessary; such uniformity, permanent controls and administration are not available on a county or city basis without state-wide or metro area- wide legislation. 2. The City of Minneapolis has experienced the ill-effects of an over concentration of group homes in that substantial concentrations of them have impacted the residential character of the neighborhoods from which they were to benefit; such a similar result could occur in Golden Valley unless a state-wide or area-wide program is undertaken which would serve to diffuse such homes throughout the state. Regular Meeting of the City Council February 7, 1989 Page 5 Public Hearing - First Reading - Ordinance Amendment - Residential Zoning Code - "Residential Facility�� Definition - Continued 3. Reference to the Hennepin County Level IV Board and Lodging Program in the requested amendment relies on a designation or rule which is temporal in nature and can be easily changed at any time. 4. Facilities operated under the Hennepin County Level IV Board and Lodging Program are dependent on current funding for this program by the county, which could evaporate at any time. 5. All communities within the state, or at least the metro area, must share equally in the responsibilty of accommodating Level IV type facilities and this can only be accomplished by state-wide or area-wide mandate. 6. The Minnesota Legislature currently is considering one or more bills to address the needs of group homes since state-wide or metro area-wide legislation is preferable to the patchwork approach of individual cities or counties, it is appropriate to deny the requested Amendment at this time. 7. The City risks a greater potential liability by embarking on a county program of Level IV board and lodging facilities because if they were state mandated, the possibilty of liability would be negligible; however, if not state mandated, the City and Hennepin County do not have the defenses that they were complying with state law. Public Hearing - First Reading - Ordinance Amendment - Extension of I-394 Development Moratorium MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 12, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amending Ordinance No. 707 Extending the Highway 12/394 Corridor to the Earlier of April 28, 1989 or the Effective Date of the I-394 Overlay Zoning District Ordinance) William Joynes 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. Residents from Laurel Hills Condominimums stated they were there to observe the meeting. The Mayor closed the public hearing. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Regular Meeting of the City Council February 7, 1989 Page 6 *Letters and Petitions from Residents Regarding Residential Facility Definition MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the following letters and petitions regarding residential facility definition: Otis and Stella Mason, dated January 24, 1989; Roland and Hazel Nystrom, dated January 27, 1989; Virginia Hawk, dated January 2, 1989; Marilyn J. Norman, dated January 3, 1989; James Linhoff, dated January 9, 1989; Monica Linhoff, dated November 9, 1989; Mrs. Victoria Winters, dated January 3, 1989; Mrs. Carl Schack, January 4, 1989; Rolie Lee, January 4, 1989; Mr, and Mrs. Henry Lundgaard, January 23, 1989; John P. Martinsen, and two petitions received January 9, 1989. *Letter from Public Storage, Inc. Regarding Storage Facility at 23rd and Winnetka MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the letter from Donald Jensen, dated January 17, 1989, regarding storage facility at 23rd and Winnetka. *Status Report - Traffic Study - Glenwood Avenue and Theodore Wirth Parkway MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the memo from the City Engineer, dated January 24, 1989, regarding the status of the traffic study at Glenwood Avenue and Theodore Wirth Parkway. *Call for Public Hearing - Final Plat Approval and General Plan Approval - PUD #55 - Public Storage, Inc. - 3/7/89 MOVED by Thompson, seconded by Johnson and motion carried unanimously to call a public hearing to consider approval of the final plat and general plan for PUD #55, Public Storage, Inc. for March 7, 1989. *Extension of Tree Removal and Trimming Contract on Public and Private Property or 989 MOVED by Thompson, seconded by Johnson and motion carried unanimously to extend the contract with Tim's Tree Service, Inc. for tree removal and trimming on public and private property for 1989. Resolution Approving Plans and Specifications and Ordering in Manner of Construction - 88 SS 9 (Storm Sewer) - Pennsylvania Avenue at Bassett Creek Lowell Odland introduced the agenda item and recommended the Sidewalk Committee consider the installation of sidewalks along a portion of Pennsylvania Avenue. Regular Meeting of the City Council February 7, 1989 Page 7 Resolution Approving Plans and Specifications and Ordering in Manner of Construct�on - 88 SS 9 (Storm Sewer) - Pennsylvania Avenue at Bassett Creek - Continue Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 89-10 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 89 SS 9 The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: 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. MOVED by Johnson, seconded by Thompson and motion carried unanimously to refer the recommendation the Sidewalk Committee consider the installation of sidewalks on Pennsylvania Avenue from Golden Valley Road to Plymouth. *Call for Public Hearing - 89 SI 3 (Street Improvement) - Golden Valley Road, Rhode Island Avenue to Douglas Drive - 3/2 /89 Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 89-11 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 89 SI 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. *Authorization to Hire Vicom Inc. to Install Phone System - Temporary City Hall MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the hiring of Vicom Inc, to wire the Adam's Realty Building for phone service for $6,900. Regular Meeting of the City Council February 7, 1989 Page 8 *Resolution Continuing Recycling Program Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 89-12 RESOLUTION CONTINUING RECYCLING PROGRAM FOR 1989 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. Bids - Civic Center Remodeling William Joynes reviewed the background information and staff recommendation. MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid for civic center remodeling to the lowest responsible bidder, Shaw Lundquist Co, for $1,480,000. The bids were as follows: Shaw Lundquist $1,480,000 Merrimac Construction 1,482,457 Steele Construction 1,489,000 Twin City Construction 1,504,384 Loeffel Engstrand 1,510,000 Penner Development 1,516,000 Adolfson & Peterson 1,531,200 Sheehy Construction 1,537,900 Socon Construction 1,557,900 David Volkman Construction 1,562,000 W. H. Cates Construction 1,589,120 Watson - Forsberg 1,635,900 Arkay Construction 1,640,000 Crawford - Merz Construction 1,688,700 K M Bldg. Co. 1,826,500 *Bids - Purchase of Sewer TV MOVED by Thompson, seconded by Stockman and motion carried unanimously to award the bid for the purchase of a new TV sewer inspection system from the only bidder Cues, Inc, for $99,800 less $9,900 trade-in (for old equipment) for a net cost of $89,900. Regular Meeting of the City Council February 7, 1989 Page 9 *Bids/Quotes - Purchase of Dump Trucks MOVED by Thompson, seconded by Stockman and motion carried unanimously to purchase the following: one 33,000 G.V.W. Cab/Chassis truck the lowest responsible bidder from Hennepin County Purchasing contract (Northstar International Trucks, Inc. ) for $37,259.45; and one 11,000 G.V.W. Cab/Chassis truck from the lowest responsible bidder, Superior Ford for $11,925. The quotes were as follows: Superior Ford $11,925.00 Southdale Ford 12,296.00 Tonka Ford 13,122.00 *Quotes - Purchase of Welder MOVED by Thompson, seconded by Stockman and motion carried unanimously to purchase a wire feed welder for the Vehicle Maintenanc Shop from the lowest responsible bidder, Griffis Oxygen for $1,372.70. The quotes were as follows: National Bushing Automotive $2,199.95 Minneapolis Oxygen Co. 1,824.00 Riteway Motor Parts 1,726.45 Griffis Oxygen 1,372.70 *Quotes - Purchase of Pitching Machine and Accessories MOVED by Thompson, seconded by Stockman and motion carried unanimously to purchase one junior pitching machine, safety net and four dozen pitching machine balls from the only distributer in the area Jugs, Inc. for $1,197.00. *Quotes - Purchase of Air Masks for Fire Department MOVED by Thompson, seconded by Stockman and motion carried unanimously to purchase eight air masks from the lowest responsible bidder, MN Conway for a total cost of $8,120.00. The quotes were as follows: MN Conway $8,120.00 Custom Fire 8,988.00 1989 C. C. Ludwig Award Council Member Bakken recommended the Council submit Mary Anderson's name for nomination for the award. MOVED by Bakken, seconded by Stockman and motion carried unanimously that the City Council recommend Mary Anderson's name be placed in nomination for the 1989 C. C. Ludwig Award. Announcements of Meetings The Council/Staff Retreat will be held on February 11, 1989 at the Brookview Community Center at 8:30 AM. Regular Meeting of the City Council February 7, 1989 Page 10 *Special City Council Meeting - February 28, 1989 MOVED by Thompson, seconded by Stockman and motion carried unanimously to set February 28, 1989 at 7:00 PM at the Brookview Community Center as a Special City Council Meeting to consider the Civic Center Block Master Plan. Mayor's Communications No action taken. Donation from VFW Post #7051 and Chester Bird American Legion Representatives from VFW Post #7051 and the Chester Bird American Legion presented the Council with a donation of $2,950.00 to be used to purchase a copy machine. The Council expressed its appreciation for the donation. *Northwest Hennepin Human Services Council - Amendment to Joint Powers Agreement to Include the City of Plymouth Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 89-13 RESOLUTION AMENDING ARTICLE III, PARTIES; SECTION l, OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S JOINT POWERS AGREEMENT 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. *Northwest Hennepin Human Services Council - Approval of Request to Solicit Funds MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the Northwest Hennepin Human Services Council 's request to solicit funds from various community organizations. Board/Commission Appointments Mayor Anderson introduced the agenda item. MOVED by Johnson, seconded by Stockman and motion carried unanimously to reappoint the following Board/Commission members: Planning Commission Jean Lewis 3 year term expires March 1, 1992 Kevin McAleese 3 year term expires March 1, 1992 Regular �leeting of the City Council February 7 , 1989 P age 11 Board/Commission Appointments - Continued Human Rights Commission Richard Huntley 3 year term expires �1arch 1 , 1992 Atashi Acharya 3 year term expi res F1arch 1, 1992 Ruth lieaner 3 year term expi res P9arch 1 , 1992 Bill Hobbs 3 year term expires March 1 , 1992 Open Space and Recreation Commission Richard Groger 3 year term expi res ��arch 1 , 1992 Plichele Bix 3 year term expi res Plarch l , 1992 Alf red Anderegg ext end current term expires March 1 , 1992 Bui 1 di ng Board of Revi ew Gerald Mundt 3 year term expires March 1 , 1992 Jack Stratton 3 year terr� expi res �larch 1 , 1992 Board of Zoning Appeals Art Flannagan 1 year term expi res P�larch 31, 1990 Mike Sell 1 year term expires Plarch 31, 1990 Larry Smith 1 year term expi res March 31, 1990 Mahl on Swedberg 1 year term expi res ��larch 31, 1990 Herb Polachek (alternate) 1 year term expires March 31, 1990 Donald Singer (alternate) 1 year term expires Plarch 31, 1990 {�djou rnment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 11:05 PM. " � �% ' G��:-���� P� ry E. nderson, Mlayor ATTEST: u y Na y, Deputy ity Clerk