04-02-91 City Council MinutesEl
Regular Meeting
of the
City Council
April 2, 1991
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 April 2, 1991 at 6:30 PM.
The following members were present: Bakken, Johnson, Russell, Stockman and
Thompson. Also present were: Mark Grimes, Director of Planning and Development;
Scott Brink, Assistant City Engineer; Allen Barnard, City Attorney; and Judy
Nally, Administrative Secretary.
Approval of Minutes: Council/Manager Meeting and City Council Meeting
MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive
and file the Council/Manager minutes of March 19, 1991 as submitted.
MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive
and file the City Council minutes of March 19, 1991 as submitted.
Approval of Agenda
MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve
the agenda of April 2, 1991 as amended: Adding Communications and Petitions -
Letters and/or Messages from Ben Scaletta, Edward Bartholic, Jean and Harold
Gollnick Regarding 2300 Block of Winnetka Avenue North.
• 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 (*), adding
Communications and Petitions: Letters and/or Messages from Ben Scaletta,
Edward Bartholic, Jean and Harold Gollnick Regarding 2300 Block of Winnetka
Avenue North.
*Bills and Claims
MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize
payment of the bids as submitted.
*Licenses
MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize
the issuance of license #13678 to #13738 and #6265 to #6261.
*Solicitor's License - Chester Bird American Legion Auxiliary
MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve
the solicitor's license for Chester Bird American Legion Auxiliary.
*Solicitor's License - Greenpeace Action
MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve
the solicitor's license for Greenpeace Action.
Regular Meeting of the City Council
April 2, 1991
Page 2
*Charitable Gambling License Exemption - American Diabetes Assn., Minnesota
Affiliate, Inc.
MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive
and file the charitable gambling license exemption for the American Diabetes
Assn., Minnesota Affiliate, Inc.
*Taxicab Driver Licenses
MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve
the taxicab driver licenses as recommended by staff.
*Minutes of Board and Commissions
MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive
and file the minutes received as follows:
Board of Zoning Appeals - March 12, 1991
Golden Valley Black History Committee - March 14, 1991
Bassett Creek Water Management Commission - January 16, February 28 and March
12, 1991
Open Space and Recreation Commission - March 25, 1991
Public Hearings: Amendment - Comprehensive Land Use Plan; First Consideration -
Ordinance #6 - Rezoning from Residential to I-1 Institutional Facility and
40 Minor Subdivision - 2300 Block of Winnetka Avenue North
MOVED by Johnson, seconded by Russell and motion carried unanimously to consider
the public hearings for the amendment to the comprehensive land use plan; first
consideration of Ordinance #60 for the rezoning from residential to I-1
institutional facility and the minor subdivision for Lots 1, 2, 3, 4 and Outlot
1, Block 1, Marimac Addition as one agenda item.
Mark Grimes, introduced the agenda item.
Mike Cave, representing the applicant, reviewed the request and answered
questions from the Council.
Warren Kapsner, Planning Commission, reviewed the discussion and action taken by
the Commission and answered questions from the Council.
Allen Barnard reviewed the process for the hearing and the options available to
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.
Jay Johnson, Real Estate Broker, informed the Council the church property located
at Duluth and Douglas has already been sold and the closing has been set for May;
stated the church would like to stay in the area and requested the Council
is approve their request.
Regular Meeting of the City Council
April 2, 1991
Page 3
Public Hearings: Amendment - Comprehensive Land Use Plan; First Consideration -
Ordinance #60 - Rezoning from Residential to I-1 Institutional Facility and
Minor Subdivision - 2300 Block of Winnetka Avenue North - Continued
Sara Moore, 2120 Winnetka Avenue, opposed, concerned for traffic generated by
church, feels the property values would decrease; other properties are available
for the relocation of the church, and it would disrupt the neighborhood.
Mark Smith, 8000 23rd Avenue North, opposed, concerned over erosion problem,
increased traffic flow, soliciting by church members in neighborhood, wanted to
know the time and day of church services, asked what property tax revenue would
be if homes were built on the property.
Carol Hall, 2255 Orkla Drive, feels the city already has enough churches.
Jim Hall, 3928 44th Avenue South, owner of property, stated they put the property
up for sale and couldn't find any buyers.
Ed Muszynski, 7925 23rd Avenue North, opposed, concerned over drainage of the
site.
Marko Merchnage, 2320 Valders, opposed, concerned over traffic, feels there are
enough reasons for the Council to deny the zoning change.
Ray Beckey, 2140 Valders, Avenue North, opposed, concerned over church parking,
noise, lose of value to homes.
Bob Hoover, 2020 Orkla Drive, opposed.
Robert Erickson, 2041 Winnetka Avenue North, opposed.
Mark Thorsell, 2041 Valders, opposed.
Richard Taylor, 7365 Howard Lane, congregation member, in favor of proposal,
stated he feels their would be no problem with the parking, stated that many
of the members live in the area, that this is not a new church group and
feels they would be a good neighbors.
The Mayor closed the public hearing.
The Council discussed the three matters and orally presented their rationale:
1. One Council Member expressed concern about the stacking of traffic on Winnekta
attempting to make right and left turns into the property; she mentioned it
was a dangerous section of road and that her family had experienced an
accident in the area several years ago.
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Regular Meeting of the City Council
April 2, 1991
Page 4
Public Hearings: Amendment - Comprehensive Land Use Plan; First Consideration -
Ordinance #60 - Rezoning from Residential to I-1 Institutional Facility and
Minor Subdivision - 2300 Block of Winnetka Avenue North - Continued
2. Another Council Member expressed concern about the overflow of traffic into
the neighboring residential area; that she had experienced such a problem
in her area of the City; that traffic stacking was a problem; that the
proposed use was contrary to the comprehensive plan; and that the visual
imposition of the church in the residential neighborhood was contrary to the
over all sense of the neighborhood and was not good land use.
3. Another Council Member felt that the present zoning and comprehensive plan
was correct and that the neighborhood should remain residential.
4. Another Council Member noted that there was no reason to express further
rationale because the other Council Members had expressed valid reasons and
there were not enough votes to pass the rezoning request.
5. Finally, the Mayor said he would support the application for rezoning because
in his opinion it would not have a negative impact.
MOVED by Thompson, seconded by Russell and motion carried to deny the request
to amend the comprehensive land use plan for the reasons expressed above. Mayor
Bakken voted no.
The following ordinance was 11OVED by Thompson, seconded by Russell, to bring the
ordinance on the table for consideration and to request the City Attorney to
prepare a resolution for consideration at the next meeting memorializing the
Council's verbally -expressed rationale, referenced above, regarding the rezoning
request:
ORDINANCE #60, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Residential District to I-1 Institutional District
Lots 1, 2, 3, 4, and Outlot 1, Block 1, Marimac Addition
Golden Valley Congregation of Jehovah's Witness, Applicant
Upon a roll call vote, the vote was as follows:
BAKKEN - YES JOHNSON - NO RUSSELL - NO STOCKMAN - NO THOMPSON - NO
MOVED by Johnson, seconded by Thompson and motion carried unanimously to deny
the minor subdivision.
•
Regular Meeting of the City Council
April 2, 1991
Page 5
Public Hearing - First Consideration - Ordinance #61 - Conditional Use Permit -
8989 Wayzata Boulevard
The following ordinance was MOVED by Johnson, seconded by Russell:
ORDINANCE #61, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit C.U.P. 51,
to Allow the Expansion of Auto Sales and Service
in an Industrial Zoning District
8989 Wayzata Boulevard
LeJeune Investments Inc., Applicant
Mark Grimes introduced the agenda item.
Jon Hansen, LeJune Investments Inc., applicant, reviewed the conditional use
permit and answered questions from the Council.
Warren Kapsner, Planning Commissioner, stated the Commission recommended approval
of the conditional use permit.
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.
0 Upon a roll call vote, the vote was as follows:
BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES
Public Hearing - First Consideration - Ordinance #62 - Animal Noise Control
The following ordinance was MOVED by Thompson, seconded by Stockman:
ORDINANCE #62, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendments Regarding Restrictions on Dogs and Cats
Bob Shellum, Captain, introduced the agenda item and answered questions from the
Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no
one, the Mayor closed the public hearing.
Upon a voice vote, the vote was as follows:
BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - NO THOMPSON - YES
•
Regular Meeting of the City Council
April 2, 1991
Page 6
Public Hearing - First Consideration - Ordinance #63 - Council Salaries
The following ordinance was MOVED by Thompson, seconded by Johnson:
ORDINANCE #63, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Salaries of Mayor and Council Members
Allen Barnard 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.
Upon a voice vote, the vote was as follows:
BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES
*Letters and/or Messages from Ben Scaletta, Edward Bartholic, Jean and Harold
Gollnick Regarding 2300 Block of Winnetka Avenue North
MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive
and file the letters and/or messages from Ben Scaletta, dated March 29, 1991;
Edward Bartholic, dated April 2, 1991 and Jean and Harold Gollnick, dated March
28, 1991 regarding 2300 block of Winnetka Avenue North and consider them at the
. public hearing.
*Request for Beer and/or Wine at Brookview Park
MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive,
file and approve the following request to serve beer and/or wine at Brookview
Park: Golden Valley Police Association, dated March 15, 1991, to serve beer
and/or wine at the large shelter on August 25, 1991 from 9:30 All until dusk.
*Call for Informal Public Hearinq - Ordinance Amendment - Pawn Shop - 4/16/91
MOVED by Stockman, seconded by Johnson and motion carried unanimously to call
for an informal public hearing to consider an ordinance amendment regarding pawn
shops on April 16, 1991.
*Additional Time Extension for Submittal of Plat - Pace Labs
MOVED by Stockman, seconded by Johnson and motion carried unanimously to extend
the deadine until June 10, 1991 for PACE, Inc. to submit their final plat for
their property on Douglas Drive.
•
Regular Meeting of the City Council
April 2, 1991
Page 7
Authorization to Use House - 7125 Medicine Lake Road - Fire Department Training
Bob Shellum, Captain, introduced the agenda item.
MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize
the Fire Department to use the house at 7125 Medicine Lake Road for training
purposes as outlined in the memo dated March 21, 1991 and further authorize the
Fire Chief and Director of Public Safety to sign the Hot Drill Agreement.
Receive Feasibility Studies - 1991 Street Reconstruction - 91 SI 3, Killarney
Drive and Ottawa Avenue; 91 SI 4, Legend Lane, Legend Drive Bassett Creek Drive;
91 SI 5, Janalyn Circle, Glencrest Road; 91 SI 6 Scott and Toledo Avenues, and
91 SI 9, Lewis Road
Scott Brink 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.
Jay Wilcox, 233 Janalyn Circle, opposed.
Jerry Scovel, 515 Janalyn Circle, opposed.
Wallace Carlson, Janalyn Circle, doesn't want a sidewalk.
Kathy Johnston, 232 Janalyn Circle, opposed, asked questions regarding rating
system and objects to project because of costs, disruption to neighborhood, and
likes rural feeling of neighborhoods without curb and gutter.
George Stanley, 213 Janalyn Circle, asked what would happen to his retaining
wall during contruction.
Patty Frid, 208 Janalyn Circle, feels street doesn't need reconstruction because
of low traffic in area, feels the drainage is good, asked how long the contruction
would take and how would they get to their homes.
Debra Pallaza, 4100 Glencrest Road, opposed, likes natural area without curbing,
and feels it would be a financial burden.
Joan Colwell, 511 Janalyn Circle, opposed.
The Mayor closed the public hearing.
MOVED by Thompson, seconded by Russell and motion carried unanimously to receive
and file the feasibility studies for the 1991 street reconstrution projects and
call the public hearings for the projects for May 7, 1991.
•
Regular Meeting of the City Council
April 2, 1991
Page 8
i*Request by Brandeis University for Fund Raiser
•
MOVED by Stockman, seconded by Johnson and motion carried unanimously to grant
the request submitted by Brandeis University to hold it's Annual Sale at 8925
Wayzata Boulevard from April 17 to April 21, 1991.
*Call for Public Hearing - Community_ Development Block Grant (CDBG) Year XVI and
MOVED by Stockman, seconded by Johnson and motion carried unanimously to call
a public hearing for consideration of Community Development Block Grant (CDBG)
for Year XVI and XVII for April 16, 1991.
*Authorization to Hire Robert Eller Associates as Consultant for Lions Park
Lighting
MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize
the hiring of Robert Eller Associates as a provide electrical consulting services
in Lions Park for a fee not to exceed $2,400.00.
*Bids - 1991 Diseased Tree Removal and Private Tree Trimming Contract
MOVED by Stockman, seconded by Johnson and motion carried unanimously to award
the bid for the removal of diseased elms and oaks and trimming of trees on
public property from the only bidder, Tim's Tree Service.
Bid - 1991 Ford Bronco for Public Safety Department
Bob Shellum reviewed the bids and answered questions from the Council.
MOVED by Johnson, seconded by Stockman and motion carried unanimously to award
the bid for the purchase and delivery of one 1991 Ford Bronco from the lowest
responsible bidder, Ryan Ford for $17,228.00. The bids were as follows:
Ryan Ford $17,228.00
Dave Thomas Valley Ford 17,483.00
Superior Ford 17,402.00
*Quotes - Removal of Non Use Growth Retardants from Golf Operations
MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize
the removal of non use growth retardants off site from the Brookview Golf Course
from the lowest responsible bidder, Aptus for $1,600.00. The quotes were as
follows:
Aptus
Aqua Tech
Bay West
$1,600.00
1,781.00
1,850.00
Regular Meeting of the City Council
April 2, 1991
Page 9
Announcements of Meetings
Council Members Johnson and Stockman will not be at the Housing and Redevelopment
Authority meeting scheduled for April 9, 1991.
Set Date for Board/Commission Recognition Dinner
The Council set May 2, 1991 as the date for the Board/Commission Dinner to be
held at the Brookview Community Center.
Council Appointments and Assignments
MOVED by Johnson, seconded by Thompson and motion carried unanimously to appoint
Joan Russell to the Housing and Redevelopment Authority for the remainder of 1991.
MOVED by Stockman, seconded by Johnson and motion carried unanimously to reappoint
Syrille Ellison to the Northwest Hennepin Human Services Advisory Committee.
The Council will discuss Council Appointments at a future meeting.
Mayors' Challenge Bowl -a -Cross
Council Members Thompson and Stockman may participate in the Mayors' Challenge
Bowl -a -Cross scheduled for May 15, 1991.
. *Receipt of Regional Transit Board Booklet "Shaping our Future"
MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive
and file the Regional Transit Board Booklet entitled "Shaping our Future".
Adjournment
MOVED by Stockman, seconded by Thompson and motion carried unanimously to adjourn
the meeting at 9:55 PM. m
ATTEST:
•