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10-16-90 CC Minutes Regul ar tleeti ng of the City Council October 16, 1990 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Plinnesota was held at 7800 Golden Valley Road in said City on October 16, 1990 at 6:30 PP�I. The following mer�bers were present: Anderson, Bakken, Johnson, Stockr�an and Thompson. Also present were: L�lilliam Joynes, City �1anager; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Patricia Butler, Administrative Secretary. Approval of Minutes The r�inutes will be available at the November 13, 1990 meeting. Approval of Agenda P10VED by Stockman, seconded by Thompson and motion carried unanimously to approve the agenda of October 16, 1990 as amended: Addition of Cor�r�unications and Petitions - Letter from Peter Beck, Larkin, Hoffr�an, Daly & Lindgren, Ltd. �egarding 6100 Golden Valley Road; Letter from Phyllis and Charles Long, Letter from Don �1einhardt and Two Petitions Regarding 6150 Duluth Street; Addition of Departmental Iter� - Pylon Sign Request from Edina Realty and Planager's Iter� - Water Services for Cold Storage Building - Quotes Approval of Consent Agenda P�10VED by Thor�pson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding Departmental Iter� - Pylon Sign Request from Edina Realty. *Bills and Claims P10VED by Thompson, seconded by Johnson and motion carried unanimously to authorize payment of the bids as subr�itted. *Licenses P10VED by Thompson, seconded by Johnson and motion carried unanir�ously to authorize the issuance of license #13451 to #13455 and #6213 to #6219. *Peddler's License - Noble Elementary School P10VED by Thompson, seconded by Johnson and r�otion carried unaninously to approve the peddler's license for Noble Eler�entary School . Regular Meeting of the City Council October 16, 1990 Page 2 New Liquor License - Byerly's Beverages William Joynes introduced the agenda item. ' Attorney representing Byerly's was at the meeting to answer any questions from the Council . P10VED by Stockman, seconded by Johnson and motion carried unanimously to approve the off sale intoxicating liquor license for Byerly Beverages, Inc. with the stipulation that the Council may reconsider approval if information is received fro� the U. S. Department of Justice with respect to any of the individuals suitability for involvement in the establishment. *Gambling License Exe�ption - Figure Skating Club of Plinneapolis P�OVED by Tho�pson, seconded by Johnson and �otion carried unanimously to receive and file the gambling license exemption for the Figure Skating Club of Plinneapolis. *Plinutes of Board and Co�missions MOVED by Thompson, seconded by Johnson and motion carried unani�ously to receive and file the minutes received as follows: Housing Task Force - September 5 and September 27, 1990 Planning Commission - Septe�ber 24, 1990 *Call for Public Hearing - Plinor Subdivision - 537 Jersey Avenue North and 540 Varner Circle - 11/13/90 MOVED by Tho�pson, seconded by Johnson and motion carried unanimously to call for a public hearing to consider a �inor subdivision for 537 Jersey Avenue North and 540 Varner Circle for November 13, 1990. *Call for Public Hearinq - Conditional Use Permit - 830 Boone Avenue �dorth - Nove�ber 13, 1990 P10VED by Tho�pson, seconded by Johnson and motion carried unanimously to call for a public hearing to consider a conditional use per�it to allow the operation of a terminal for package delivery service at 830 Boone Avenue North in the light industrial district for P�ove�ber 13, 1990. *Call for Public Hearing - Ordinance A�endment - Truck/Van Terminal - 11/13/90 P10VED by Thompson, seconded by Johnson and �otion carried unani�ously to call a public hearing to consider an ordinance amendment regarding truck/van terminal for Nove�ber 13, 1990. Regular Pleeting of the City Council October 16, 1990 Page 3 Continued Public Nearin� - First Consideration - Ordinance #44 - Conditional Use Permit - 6100 olden Valley Road Council P1ember Bakken abstained from the discussion and voting on this agenda ite� stating a potential conflict of interest. The following ordinance was MOVED by Stockman, seconded by Johnson ORDINANCE #44, 2ND SERIES APJ ORDINANCE A�1ENDING THE CITY CODE (Conditional Use Permit for 6100 Golden Valley Road) Peter Beck, Attorney representing the applicant, reviewed the proposal and stated On-Belay had reduced the nur�ber of beds fror� 34 to 25 in its request. P1ark Grimes , Director of Planning and Developr�ent, stated that staff felt the proposal was not a good use in the business and professional office zoning district. Kevin P�cAleese, Planning Commissioner, reviewed the Cor�r�ission's recommendation and stated they felt the facility was not a compatible use in the business and professional office zoning district. The P1ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. John Richter, 5905 Golden Valley Road, distributed a copy of a synopis of his presentation at the October 2 council meeting, reviewed his visits to all group hor�es located in the city and feels other facilities are better suited for this type of home. Nancy Nord Bence, 5845 Golden Valley Road, opposed, concerned about close proximity of site to her home, safety of children in neighborhood and setting of precedent. Geri Neitzel , 6182 Golden Valley Road, opposed, speaking for about 90-959'0 of the residents at Hidden Village Complex and stated most of these residents are senior citizens and/or single women who would be afraid if the facility were approved, and feels the city has more that its share of group homes. Bill Crowder, 6192 Golden Valley Road, concerned about neighborhood security and devaluation of surrounding property. Bill Nord, 420 Edgewood Avenue P�orth, concerned about the fact that residents of the proposed facility will be drug abusers, but he wants Council to still consider other facilities in the future if the facility houses a smaller number of people. t�larion Hix, 6200 Golden Valley Road, she is the building manager and is concerned that her own clientele's "quality" will decline if such a facility is approved and located in the area. A1 Halloran, 5735 Golden Valley Road, against facility because it is "for profit", but feels residents would feel differently if the facility was owned or operated by a public and/or service agency. Regular P4eeting of the City Council October 16, 1990 Page 4 Continued Public Hearin - First Consideration - Ordinance #44 - Conditional Use Permit - 100 o den Valley Road - Continued Chuck Wolford, 6148 Golden Valley Road, supports proposal because he feels the building is beginning to deteriorate and if group home moves in he feels they will upgrade and maintain the building. Mary t�erlin, 6010 Golden Valley Road, enjoys Seeman Park and is concerned that if facility resident use the park it will hinder her enjoyment of the park. Lucille Keltgen, 6170 Golden Valley Road, concerned about facility moving in because she is a single woman and would be afraid and feels there is not enough recreational area for residents. Dean Knutson, 1109 Welcome Circle, opposes the group home and asked for a show of hands of how many others support his opposition. Stella Rosow, 6152 Golden Valley Road, feels city doesn't need another facility, home is too close to hers, has concerns that 25 residents are too many for one facility. Shirley Lewicki , 6184 Golden Valley Road, lives at Hidden Village and wants to buy her unit but her real estate agent told her not to because the value will go down if group home goes in, so she is opposed to it. The t1ayor closed the public hearing. Melissa Broger, Program Director for On-Belay, reviewed the recreation schedule for the facility. Mark Grimes , Director of Planning and Development reviewed the State Statute regarding proximity of group ho�es to each other. Upon a roll call vote, the vote was as follows: ANDERSON - NO BAKKEPJ - ABSTAIN JOHNSON - NO STOCKP1AN - NO THOMPSON - P�0 Public Hearin - Preliminar Desi n Plan and First and Second Consideration - Ordinance #49 - eneral Plan Approval - UD #59 - Amendment 1 - Dahlberg, Inc. P10VED by Johnson, seconded by Stock�an and �otion carried unanimously to approve the preliminary design plan for PUD #59, Amendment #l, Dahlberg, Inc. Tom Nanna�aker, Dahlberg Contractor, reviewed the proposal . Kevin P1cAleese, Planning Commission, stated the Commission recommended approval of the proposal . P10VED by Tho�pson, seconded by Bakken and motion carried unanimously to suspend the rules and hold both public hearings for general plan approval . Regular Meeting of the City Council October 16, 1990 Page 5 Public Hearin - Preli�inar Desi n Plan and First and Second Consideration - Ordinance #49 - General Plan Approval - PU # - mendment # - Dah berg, Inc. - Continued The following ordinance was P10VED by Thompson, seconded by Bakken: ORDINANCE #49, 2ND SERIES AN ORDINANCE AP1ENDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 59 - Amendment #1) 4101 Dahlberg Drive Dahlberg, Inc. , Applicant The P1ayor 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 Playor closed the public hearing. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSOPJ - YES STOCKMAN - YES THOP�PSON - YES The following ordinance was P10VED by Thompson, seconded by Stock�an: ORDINANCE #49, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 59 - Amendment #1) 4101 Dahlberg Drive Dahlberg, Inc., Applicant The �1ayor 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 P�ayor closed the public hearing. Upon a roll call vote, the vote was as follows: AP�DERSON - YES BAKKEN - YES JOHNSON - YES STOCKF1AN - YES THOh1PSON - YES Continued Informal Public Hearinq - First Consideration - Ordinance #47 - Sanitation Requirements for Food and Beverage Establishments Willia� Joynes introduced the agenda item. P10VED by Tho�pson, seconded by Stockman and motion carried unanimously to continue the public hearing for consideration of Ordinance #47 regarding sanitation requirements for food and beverage establish�ents to November 13, 1990. Regular Meeting of the City Council October 16, 1990 Page 6 Informal Public Hearing - First Consideration - Ordinance #48 - Peddler's and Solicitor s License The following ordinance was P10VED by Bakken, seconded by Thonpson: ORDINANCE #48, 2PlD SERIES AP� ORDINANCE AMENDING THE CITY CODE (Ar�endments Regarding Solicitor's Licensing and Regulation) William Joynes introduced the agenda item. The t1ayor 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 Playor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKPIAN - YES THOMPSON - YES Informal Public Hearing - Second Consideration - Ordinance #46 - Alcoholic Beverages Licensing and Regulations The following ordinance was t10VED by Stockman, seconded by Thor�pson: ORDINANCE #46, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendments Respecting Alcoholic Beverages Licensing and Regulation) Playor Anderson introduced the agenda item. The �1ayor 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 flayor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAP� - YES THOP�PSON - YES *Letter from Henry Schovanec and Alfred K. Chan Regarding Assessments P10VED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the letter from Henry Schovanec, dated October 2, 1990 and Alfred K. Chan, dated October 1, 1990, regarding special assessments. *Thank You Letter from Edward Kaplan Regarding Street Department F10VED by Thompson, seconded by Johnson and motion carried unanimousTy to receive and file the thank you letter from Edward Kaplan, dated October 6, 1990 regarding street repair done by the Street Department. Regular Pleeting of the City Council October 16, 1990 Page 7 Letter from Peter Beck, Larkin, Hoff�an, Daly & Lindgren, Ltd. Regarding 6100 Golden Valley Road P�OVED by Stockman, seconded by Thompson and motion carried unanimously to receive and file the letter from Peter Beck, Larkin, Hoff�an, Daly & Lindgren, Ltd. , dated October 16, 1990 regarding 6100 Golden Valley Road and consider it at the public hearing. Letter from Phyllis and Charles Long, Letter from Don �1einhardt and Two Petitions Regarding 6150 Duluth Street MOVED by Stockman, seconded by Johnson and �otion carried unanimously to receive and file the letter from Phyllis and Charles Long; letter from Don P1einhardt, and two petitions,all dated October 12, 1990 regarding 6150 Duluth Street. *September 1990 General Fund Budget Report P10VED by Tho�pson, seconded by Johnson and �otion carried unani�ously to receive and file the Septerober 1990 General Fund Budget Report. House tloving Permit - 6150 Duluth Street Mark Grimes, Director of Planning and Development, reviewed the request submitted by Dr. Hanson to allow the te�porary storage of the building until approval can be given for the permanent site. Leonard Crowley, Attorney representing Dr. Hanson, reviewed the request to store the building, costs for storage and renovation and stated the reasoning behind the request is the cost to move it to another site before approval of the permanent location is prohibitive. t1r. Crowley read a letter supporting the proposal from Pace Laboratories. Dr. Hanson reviewed the plans for the building. Gary Schultz, General Contractor, stated the building could be renovated for moderate income housing. Don Pleinhardt, Architect, feels the building is too close to the street and should be moved about 75 feet south, feels the present design of the building doesn't fit in the area but feels the building could be remodeled and placed at another site. William Joynes stated staff feels the Council should deny the request for temporary storage of the building. The t�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Charles Long, 5950 4Jolfberry Lane, opposed to storage of the building, feels the building is an eyesore. Charles Whittaker, 5900 Wolfberry Lane, opposed to storage and permanent location of the building at that site, concerned about safety of children when stored. The Mayor closed the public hearing. MOVED by Thompson, seconded by Stockman and motion carried unaniroously to deny the request for temporary storage of the building at 6150 Duluth Street. Regular Meeting of the City Council October 16, 1990 Page 8 House Moving Permit - 6150 Duluth Street - Continued P1r. Crowley requested the Council allow his client a week to review the possibility of alternate storage sites for the building. Mark Grimes stated there is no site available within the City for storage. P10VED by Thompson, seconded by Stockman and motion carried unanimously to deny the request for te�poarary storage and direct that the building be removed by Wednesday, October 24, 1990. *Approval of Roadway Easement fro� Flutual Cemetary Association of Golden Valley for ��•1edicine Lake Road Construction MOVED by Tho�pson, seconded by Johnson and motion carried unanimously to approve the easements including the covenants from P1utual Cemetery Association of Golden Valley for construction and maintenance of the intersection of Pledicine Lake Road and bJinnetka Avenue North. Authorization to Sign Amended PUD Permit - PUD #59 - Amendment #1 - Dahlberg, Inc. Mayor Anderson introduced the agenda item. P10VED by Thompson, seconded by Bakken and �otion carried unanimously to authorize the Playor and City P�anager to sign the A�ended PUD Permit for PUD #59, Dahlberg, Inc. , Amendment #1. *Pylon Sign Request from Edina Realty Mayor Anderson abstained from discussion and voting on this issue stating a potential conflict of interest. P10VED by Thompson, seconded by Johnson and motion carried to grant the request submitted by Edina Realty, dated October 12, 1990, to increase the height of their existing pylon sign at 1400 South Lilac Drive from 20 feet to a height not to exceed 50 feet. *Bi ds - Turf I rri gati on P10VED by Thor�pson, seconded by Johnson and motion carried unanimously to award the bid for turf irrigation at Lions Club Park to the lowest responsible bidder, Green Acres Sprinker for $34,388.75. The bids were as fo11o4�s: Green Acres Sprinkler $34,388.75 J. T. Noonan Cor�pany 39,900.00 Mickman Brothers Nurseries, Inc. 40,901.00 Miley's Sprinkler Systems 44,412.00 MN Valley Landscape 43,300.00 hlidland Nursery 47,320.00 Regular P1eeting of the City Council October 16, 1990 Page 9 *Quotes - Fertilizer for Golf Course MOVED by Thompson, seconded by Johnson and motion carried unanimously to purchase 4 tons of fertilizer for the golf course from the lowest responsible bidder, Hennepin Co-op for $1,168.00. The quotes were as follows: Hennepin Co-op $1,168.00 Howe Inc. 1,322.00 *Quotes - Driving Range Nets for Golf Course �90VED by Thompson, seconded by Johnson and �otion carried unaninously to purchase fourteen driving range nets for the north side of the golf course from the lowest responsible bidder, Tex Net for $4,228.00. The quotes were as follows: Tex Net $4,228.00 Wittek 5,054.00 Water Service for Cold Storage Building Lowell Odland introduced the agenda item. P10VED by Stockman, seconded by Tho�pson and motion carried unani�ously to authorize the installation of a six inch water service for the sprinkler system for the cold storage building from the lowest responsible bidder, F. F. Jedlicki , Inc. for $13,976.00. The quotes were as follows: F. F. Jedlicki , Inc. $13,976.00 S. P4. Hentges & Sons, Inc. 14,350.00 Announce�ents of Meeting No action taken. P1ayor's Communications Mayor Anderson reviewed the information she received regarding the anti-drug Red Ribbon Campaign which is scheduled for October 22-28, 1990. *Proclamation for po�estic Violence Awareness Week P10VED by Thompson, seconded by Johnson and �otion carried unanimously proclaim October 21 - 27, 1990 as donestic Violence Awareness Week in Golden Valley. *Authorization to Sign Aqreement for Removal of Storage Barn at 2200 Ensign Avenue North P10VED by Thompson, seconded by Johnson and motion carried unani�ously to approve and authorize the Flayor to sign the Agreement for Re�oval of Storage Barn at 2200 Ensign Avenue P�orth. Regular Meeting of the City Council October 16, 1990 Page 10 October 23, 1990 Group Home Seminar Agenda Playor Anderson reviewed the agenda and stated that four Council Members will be attending the meeting. Adjournment P10VED by Tho�pson, seconded by Stockman and motion carried unanimously to adjourn the meeti ng at 9:15 Pt1. �CL ��,`y ,�' P1ary E. erson, ��layor . ATTEST: ���� �� ����.�'�� Jt�d� al , Admini rative Secretary � '�,�