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04-04-89 CC Minutes Regular Meeting of the City Council April 4, 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 8200 Wayzata Boulevard in said City on April 4, 1989 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; Marinus VanPutten, Acting City Attorney; and Judy Nally, Deputy City Clerk. Approval of Minutes - March 21, 1989 MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the City Council minutes of March 21, 1989 as submitted. Approval of Agenda MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the agenda of April 4, 1989 as amended: Addition of Communications and Petitions: Letters/Messages from Nancy Trutwin, Kathe Flynn, Michael Schumacher, Debra Schumacher, Delores Mrosak, and Suzanne Lundgren Regarding Light Rail Transit (LRT) Station and Message from Duncan Putnam Regarding Conditional Use Permit for 1900 Douglas Drive. MOVED by Thompson, seconded by Stockman and motion carried unanimously to amend the agenda of April 4, 1989 as follows: Addition of Departmental Item: Call for Public Hearing - General Plan Approval - PUD #56 - Civic Center Block - 4/18/89. Approval of Consent Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as amended: Addition of Communications and Petitions: Letters/Messages from Nancy Trutwin, Kathe Flynn, Michael Schumacher, Debra Schumacher, Delores Mrosak, and Suzanne Lundgren Regarding Light Rail Transit (LRT) Station and Message from Duncan Putnam Regarding Conditional Use Permit for 1900 Douglas Drive. *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of license #12494 to #12575 and #6041 to #6047. *Request by R.Z.M.P. Corp, for Reimbursement of Liquor License Fees MOVED by Johnson, seconded by Stockman and motion carried unanimously to grant the request submitted by Schutta, Nelson & Zembal , LTD. on behalf of Ramez G. Jacob to refund 50% of the on-sale liquor license fee for R.Z.M.P. Corp. Regular Meeting of the City Council April 4, 1989 Page 2 *Solicitor's License - Greenpeace Action MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Greenpeace Action. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Building Board of Review - February 6, 1989 Open Space and Recreation Commission - January 23, 1989 Planning Commission - March 20 and March 30, 1989 Human Rights Commission - March 9, 1989 *No Fault Grievance Report MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the No Fault Grievance Report Summary, dated March 31, 1989, submitted to the Minnesota Department of Human Rights by the Human Rights Commission. Public Hearing - North Wirth Parkway Tax Increment Financing Plan - District #2 Mayor Anderson introduced the agenda item. Don Taylor, Finance Director, summarized the plan 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 89-27 RESOLUTION ESTABLISHING TAX INCREMENT FINANCING DISTRICT N0. 2 LOCATED WITHIN THE NORTH WIRTH PARKWAY REDEVELOPMENT DISTRICT; AND APPROVING AND ACCEPTING THE TAX INCREMENT FINANCING PLAN RELATING THERETO The motion for the adoption of the foregoing resolution was seconded by Member Bakken 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. Regular Meeting of the City Council April 4, 1989 Page 3 Public Hearin - First Consideration - Ordinance Amendment - Conditional Use Permit - (Revised - 1900 Douglas Drive MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve for discussion purposes the following ordinance, subject to the following conditions: 1. No more �han three boats that are being serviced for engine or electrical repairs may be stored on the site as shown on the site plan on file with the City of Golden Valley. This repair of boats shall be limited to April 1 to November 1 of each year. 2. No boat parked for engine or electrical repairs shall be larger than 27 feet (not including trailer). 3. No boats on their respective trailers shall be higher than 12 feet above the ground. 4. No boats shall display a "For Sale" sign. 5. Only the southernmost bay shall be used for ma rine engine repair. 6. Any failure to comply with one or mo re of the ocnditions of approval shall be grounds for revocation of the conditional use permit. ORDINANCE 28, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Approval of Conditional Use Permit to Al1ow Plarine Engine Repair in a Commercial Zoning District) 1900 Douglas Drive Gregg Malik, Proponent William Joynes introduced the agenda item and stated the ordinance has the correct conditions. Eric Ingvaldson, Attorney from Bennett, Ingvaldson & P1cInerny, representing the proponent, was at the meeting to answer questions from the Council and stated that Mr. P1alik will comply with the conditions. Gregg �lalik answered questions from the Council . Warren Kapsner, Planning Commission, stated the Commission recommended approval of the conditional use permit. The �layor 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 hlayor closed the public hearing. MOVED by Bakken, seconded by Anderson and riotion carried to amend condition #2 by changing the length from 27 feet to 22 feet. Council Members Stockman and Thompson voted no. Regular Meeting of the City Council April 4, 1989 Page 4 Public Hearing - First Consideration - Ordinance Amendment - Conditional Use Permit - (Rev�se ) - 900 Doug as Drive - Continue Thereafter, the Council Members discussed the reasons for grant or denial of the conditional use permit. The reasons or findings providing the basis for their discussion were enumerated by the Council Members and/or were contained in the proceedings of the hearing before the Planning Commission and the Board of Zoning Appeals. The reasons or findings are as follows: 1. The property is located in a commercial zoning district with marine engine repair as a conditional use, requiring a conditional use permit. 2. The intended use of the land will result in substantial congestion on the property because it is not a large site and the maneuvering of large boats will overuse the property, inconsistent with the current commercial zoning district. 3. The height and length of the boats to be repaired will crowd the limited space on the lot, 4. The intended use of the land will result in substantial and intense noise from high-pitched marine engine motors. Noise from a boat engine is louder than that of a car engine. 5. The storage of large boats on the property is unsightly and has substantial negative visual impact. 6. The intended use of the land will cause annoying fumes to people using a nearby swimming pool and the residents of a nearby apartment building. 7. Financial hardship is not an acceptable ground for granting a permit. 8. A question has been raised about the potential safety hazards caused by excess fuel accompanying marine engine repair. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - NO STOCKMAN - NO THOMPSON - YES Public Hearing - Light Rail Transit (LRT) Northwest Corridor Preliminary Design Plan Mayor Anderson introduced the agenda item. Ken Stevens, Executive Director, Hennepin County Regional Railroad Authority (HCRRA), and Dick Wolsfeld, Consultant, from BRW were at the meeting to review the corridor and answer questions from the Council and public. Warren Kapsner, Planning Commission, reviewed the Commission 's recommendations. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ralph Pherson, 2340 Kewanee Way, opposed because it is only 80 feet from his door, asked how this would be an advantage to Golden Valley residents and how many citizens would it serve. Regular Meeting of the City Council April 4, 1989 Page 5 Public Hearing - Light Rail Transit (LRT) Northwest Corridor Preliminary Design P an - Continued Jerry Botts, 2400 Kewanee Way, opposed, disrupts wildlife, loss of walking paths, stated now there is a small crime rate with local traffic - what will happen when LRT built? Concern over traffic during construction, speed of traffic, number of trains per day, children 's safety, skyrocketing crime, access to neighborhood, market value plumet, security lighting, ridership projections, police protection. Al Javinsky, 1530 Xerxes Avenue North, opposed Plymouth Avenue location, increase traffic on Xerxes, a survey was done on Minneapolis side of location why wasn 't one sent to Golden Valley residents. Jerry Lindskog, 1717 York Avenue North, opposed, concern for traffic, crime, lowering of property values, people loitering at station, where decision process is, how will it help Golden Valley residents. Jeanne Wolf, 2145 Bonnie Lane, opposed Golden Valley Road site, feels quiet neighborhood would be destroyed, concern over effect on fire department's response time. George Webinger, 3850 Bassett Creek Drive, concerned wildlife in area, filling in of wet lands, the need for setting aside another area for wet land. Michael Schumacher, 2185 Bonnie Lane, opposed, likes current rural site, doesn 't like tearing down of park land and making parking lot, questioned value to Golden Valley residents, asked why corridor was approved before impact of City. Public Hearing - First Consideration - Ordinance Amendment - Conditional Use Permit - (Revised) - 900 Douglas Drive - Continued Steve Erickson, 1812 York Avenue North, opposed, concern over limited access and one access to proposed site, restrict access to Courage center course and wildlife area. Kathe Flynn, 2565 Kewanee Way, opposed, home is 40 feet from track, concern over effect of property values. Dick Lampman, 2310 York Avenue North, Golden Valley Road only artery for public safety vehicles. Joe Manikowski, 2540 Dresden Lane, opposed, concern over effect on wildlife in area. Susan Manikowski , 2540 Dresden Lane, opposed, asked questions regarding needs assessment and how the line will be financed, Jim Dorsey, 1804 Zepher Place, asked why this route - why not I-394? Vicky Newman, 2740 Kewanee Way, concern over children playing near park, feels this will deminish park, asked about installation of barriers to protect kids. Regular Meeting of the City Council April 4, 1989 Page 6 Public Hearing - First Consideration - Ordinance Amendment - Conditional Use Permit - (Revise ) - 900 Douglas Drive - Continued John Raymond, 2310 York Avenue North, concern over vehicle impact on Golden Valley Road, asked about the installation of turn signals. Brian Forseth, 2460 Kewanee Way, train to close to curb in front of his house, why not I-394 corridor - feels it serves Brooklyn Center and Brooklyn Park residents better. Bob Papousek, 1929 Glenwood Parkway, feels the greater ridership will be from outside the metro area. Fideles Wolf, 2145 Bonnie Lane, he had questions about the ridership on the line. George McNamara, 1342 Xerxes Avenue North, submitted a petition from Minneapolis residents regarding opposition to the Plymouth Avenue location. The Mayor closed the public hearing. After discussion by the Council it was decided that each Council Member will formulate a list of questions and concerns relative to the stations and bring them to the April 11, 1989 Council/Manager meeting. Staff will compile the lists and prepare a draft statement which will be forwarded to the Hennepin County Rail Authority. The Council set April 19, 1989 at 6:30 PM at the Brookview Community Center as a Special Meeting to review and discuss the draft statement. A notice will be sent to residents in the area informing them when the statement is available. Public Hearing - Second Consideration - Ordinance Amendment - Conditional Use Permit - 100 Turner's Crossroad South MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve for discussion purposes the following ordinance, subject to the following conditions: l. The center, including the preschool program, be limited to a maximum of 50 children. 2. The activity areas exist as designated on the site sketches filed with the Planning office. 3. The center comply with all other City and State requirements before beginning operation. 4. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. ORDINANCE 16, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Conditional Use Permit to Allow a Child Care Center in an Institutional Zoning District) 100 Turner's Crossroad South Golden Valley Lutheran Church, Proponent Regular Meeting of the City Council April 4, 1989 Page 7 Public Hearing - Second Consideration - Ordinance Amendment - Conditional Use Perm�t - 00 Turner 's Crossroa South - Continue 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. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES *Letters/Messages from Jeanne Wolf, Nancy Trutwin; Kathe Flynn, Michael Schumacher, Debra Schumacher, Delores Mrosak, an Suzanne Lundgren Regarding Light Rail Transit (LRT) Station MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Jeanne Wolf, dated March 18, 1989; Nancy Trutwin, dated April 1, 1989; Kathe Flynn, dated April 3, 1989; Michael Schumacher, received April 3, 1989; Debra Schumacher, received April 3, 1989; Delores Mrosak, dated March 30, 1989; and Suzanne Lundgren, dated April 4, 1989 regarding Light Rail Transit (LRT) Station. *Message from Duncan Putnam Regarding Conditional Use Permit for 1900 Douglas Drive MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the message from Duncan Putnam, dated April 4, 1989, regarding the conditional use permit for 1900 Douglas Drive. *Letter from Hennepin County Community Health Department Regarding Health Services Plan MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Sue Zuidema, Hennepin County Community Health Department, dated March 15, 1989, regarding notification of development of the 1990-91 Community Health Services plan. *Letter from Marlene Johnson, Lieutenant Governor, Regarding Support of Children 's Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Marlene Johnson, Lieutenant Governor, dated March 28, 1989, regarding support of Children 's Agenda. Regular Meeting of the City Council April 4, 1989 Page 8 *City Hall Relocation Expenditures MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the following emergency city hall relocation expenditures for the remodeling of the Adams Realty Building: Kraemer & Sons Inc. $11,650.00 carpentry and painting Egan McKay 7,740.00 electrical Citywide Interiors 2,225.00 carpeting Tom Motzko Plumbing & Heating Co. 1,125.00 plumbing *Purchase of Park and Recreation Compuer Software MOVED by Johnson, seconded by Stockman and motion carried unanimously to authori2e the purchase of software for the Park and Recreation Department from Ameri Soft Co, at $6,635.00. *Construction Modification for Multi-Hazard Vehicle MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the following modifications to the multi-hazard response vehicle for a total of $4,550.00. The modifications are as follows: cabinet mounted generator/separate fuel source $3,000.00 wiring and lighting system and venting fans 850.00 gun storage cabinet/security locks 450.00 additional emergency lighting 250.00 Call for Public Hearing - Amendment to Comprehensive Land Use Plan Map - 1950, 2000, 20 0, an 2020 Douglas Drive - 4 89 The Council discussed the Duluth Street/Douglas Drive intersection and the evaluation by Planning Commission of the area. MOVED by Bakken, seconded by Thompson and motion carried unanimously to delay action calling the public hearing until a report has been received from the Planning Commission. No Parking Restrictions - Country Club Drive Lowell Odland answered questions from the Council regarding the location of the parking restriction. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 89-28 RESOLUTION RESTRICTING PARKING ON COUNTRY CLUB DRIVE 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. Regular Meeting of the City Council April 4, 1989 Page 9 Call for Public Hearing - General Plan Approval - PUD #56 - Civic Center Block - 8 89 Lowell Odland introduced the agenda item. MOVED by Stockman, seconded by Thompson and motion carried unanimously to call a public hearing to consider approval of the general plan for PUD #56, Civic Center Block for April 18, 1989. *Bids - 88 SS 9 (Storm Sewer) - Pennsylvania Avenue Bridge Replacement MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the bid for Pennsylvania Avenue Bridge Replacement (88 SS 9) to the lowest responsible bidder, Landwehr Heavy Moving, Inc. The bids are as follows: Amount Bid Corrected Bid Landwehr Heavy Moving, Inc. $126,179.00 Northdale Construction 131,784.00 G.L. Contracting 145,073.87 F.F. Jedlicki 161,799.00 Barbarossa & Son 163,941.00 Lake Area Utility 175,981.60 $195,181.60 HRS Construction 193,000.00 S.M. Hentges & Son 205,781.00 Widmer, Inc. 219,361.00 C. S. McCrossan 242,926.00 Quotes - Printing of City Newsletters William Joynes reviewed the quotes and answered questions regarding procedures for obtaining quotes. MOVED by Thompson, seconded by Bakken and motion carried unanimously to authorize the printing, typesetting and keylining of a six page city newsletter for a one year period, from the lowest responsible bidder, Rapid Graphics for $11,454.00. The quotes were as follows: Graphic Impressions $12,546.00 CTS 19,632.00 Rapid Graphics 11,454.00 Monotrade Co. 12,210.00 Carlson Printing 16,380.00 Pat Adamski, Graphic Impressions, asked questions regarding the procedures for designation of the City's mailhouse services and stated he would like the opportunity to submit a quote for the printing and mailing of the newsletter. Regular Meeting of the City Council April 4, 1989 Page 10 *Quotes - Printing of Recycling Brochure MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the printing, typesetting and keylining of the recycling brochure from the lowest responsible bidder, Grapic Impressions for $818.00. The quotes were as follows: Litho Masters $1,203.00 Graphic Impressions 818.00 CTS 1,833.00 Rapid Graphics 841.00 *Quotes - Purchase of Softballs for Adult Softball League MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase softballs for the adult summer softball leagues from the lowest responsible bidder, Al1 Star Sports for $5,187.44. The quotes were as follows: All Star Sports $5,187.44 Kokesh Athletic 5,605.90 Update on City Hall Remodeling William Joynes updated the Council on the status of the city hall remodeling answered their questions. Announcements of Meetings The Council will interview prospective board/commission applicants on April 5, 1989 beginning at 6:20 PM at the temporary City Hall . Mayor Anderson will prepare a list of questions to be used at the interviews. Council Member Stockman will attend the Hennepin County Recycling Recognition Reception on April 19, 1989 at 11:30 AM at the Sheraton Park Place. The Arbor Day Celebration will be held on April 27, 1989 at the KARE 11 Studios beginning at 12:00 noon. MnDOT Neighborhood Meetings Lowell Odland updated the Council on the series of ineetings conducted by MnDOT for business and residential property located along the I-394 corridor, and Circle Down/Turner's Crossroad area to update them on the construction schedule in their area. Lowell Odland stated that a representative of MnDOT will be at the April 18, 1989 Council Meeting to update the Council . Regular Meeting of the City Council April 4, 1989 Page 11 Mayor's Communications Mayor Anderson introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimously that the Council enthusiastically recommends and supports Council Member Bakken for the position of Vice President of AMM. Mayor Anderson will send a letter to Neil Peterson. Mayor Anderson stated she received information regrding the Amicus Program sponsored by the League of Minnesota Cities. Council Member Bakken updated the Council on the Amicus Program. MOVED by Stockman, seconded by Johnson and motion carried unanimously to request Council Member Bakken and staff to review the proposal of the Amicus Program and make a recommendation to the Council regarding participation in the Program. *Proclamation for Observance of National Nursing Home Week MOVED by Johnson, seconded by Stockman and motion carried unanimously to proclaim May 14-19, 1989 for observance of National Nursing Home Week. *Proclamation for Volunteer Recognition Week MOVED by Johnson, seconded by Stockman and motion carried unanimously to proclaim April 9-15, 1989 as Volunteer Recognition Week in Golden Valley. Legislative Breakfast Update Council Member Bakken updated the Council on the Legislative Breakfast which was held on April l, 1989 regarding issues concerning the northwest area. He suggested the Council view a tape being prepared by Hamline University regarding ethics issues at a future Council/Manager meeting. Adjournment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 11:15 PM. / /�'�L C�-�.� ` � � ary E. n erson, Mayor ATTEST: ud Nal , Deputy ty Clerk