09-03-96 CC minutesRegular Meeting
of the
City Council
September 3, 1996
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 September 3, 1996 at 6:35 p.m.
The following members were present: Anderson, Johnson, LeSuer, Micks and Russell.
Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works;
Barb Ross, Acting City Attorney; and Judy Nally, Administrative Secretary.
Citizen Input
Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Council
continued the meeting.
*Letter from Pheasant Glenn Townhomes Homeowners Association Regarding Ordinance
#148
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and
file the letter from Charles Hoyum, Pheasant Glen Townhomes; dated August 27, 1996,
regarding Ordinance #148.
Approval of Minutes: Council/Manager Meeting - August 13, 1996 and City Council
Meeting -August 20. 1996
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
Council/Manager Meeting minutes of August 13, 1996 and the City Council Meeting
minutes of August 20, 1996 as submitted. Council Member Micks abstained.
MOVED by Micks, seconded by Johnson and motion carried unanimously to approve the
agenda of September 3, 1996 as amended: Addition of Mayor/Council Item - Noble
Avenue.
Approval of Consent Agenda
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk as submitted.
Mayor Anderson read the items listed on the consent agenda.
Regular Meeting of the City Council
September 3, 1996
Page 2
*Approval of Check Register
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
the issuance of general business licenses #16180 - #16181.
*Peddler's License -Aspen Waste Systems
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
peddler's license for Aspen Waste Systems.
On Sale and Sunday Sale Liquor License - The Cliff Corporation, Inc d/b/a Doolittles
William Joynes introduced the agenda item.
Lynn Reimer, President, The Cliff Corporation, updated the Council on the plans for the
restaurant and answered questions from the Council.
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
On Sale and Sunday sale liquor license to The Cliff Corporation, Inc. d/b/a Doolittles.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and
file the minutes received as follows:
Joint Water Commission - August 12, 1996
Planning Commission -August 12, 1996
Open Space and Recreation Commission - July 22, 1996
Public Hearing - Ordinance #148 - Conditional Use Permit - 9315 Medicine Lake Road -
Findings and Determinaton Concerning a Conditional Use Permit for 9315 Medicine Lake
Road
Mayor Anderson requested the Council consider both the appeal of Board of Zoning
Appeals decision and Ordinance #148 at the same time.
Regular Meeting of the City Council
September 3, 1996
Page 3
Public Hearing - Ordinance #148 - Conditional Use Permit - 9315 Medicine Lake Road -
Findings and Determinaton Concerning a Conditional Use Permit for 9315 Medicine Lake
Road - Continued
The appeal of Board of Zoning Appeals decision and the following ordinance was MOVED
by Russell, seconded by Johnson:
ORDINANCE #148, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit No. 96-68
9315 Medicine Lake Road
McDonald's Corporation, Applicant
Jerry Roper, McDonalds Corporation; reviewed his reasons for requesting the appeal from
the Board of Zoning Appeals decision, the request for the conditional use permit and
answered questions from the Council.
Mark Grimes, Director of Planning and Development; and Staff Liaison to the Board of
Zoning Appeals (BZA); reviewed the action taken by the BZA, the conditional use permit
and answered questions from the Council.
Gary Prazak, Planning Commission Representative, presented the Commission report 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.
Donald Brown, 1408 Independence Avenue North, expressed concern about the
pedestrian safety along Mendelssohn Avenue North, but feels it will be an asset to the
community to have a playland.
Dan Borders, Supervisor for the Medicine Lake and Wnnetka Avenue McDonalds; stated
the plan submitted is identical to the McDonald's next to city hall, and feels rebuilding will
improve productivity and crew safety, and be easier to operate because there will be no
lower level and will improve their image in the area, and the plan submitted should be
approved.
Charles Hoyum, 2460 Medicine Lake Road, representing Pheasant Glen, Galant and
Medley Park Homeowners Associations stated they have concerns about the proposed
project, such as parking on the site for both semi -trucks and cars; conflict with bus stop,
southerly ingress -egress, proposed location of building, and traffic on Hillsboro Avenue
North.
Regular Meeting of the City Council
September 3, 1996
Page 4
Public Hearing - Ordinance #148 - Conditional Use Permit - 9315 Medicine Lake Road -
Findings and Determinaton Concerning a Conditional Use Permit for 9315 Medicine Lake
Road - Continued
Gregg Hackett, 130 Jersey Avenue North, feels McDonalds could compromise on the site
such as adding the playland to the existing building, gradually renovating the building; or
they could build the new building closer to the existing building, feels sidewalks should be
considered as it is a busy intersection with pedestrian and bike traffic.
Dianne Gau, McDonald's Medicine Lake Manager; stated if the building is placed in the
middle of the lot it cuts into the number of parking spaces available, adding the playground
to the existing structure will be of no benefit to the customers; and the current building is
not efficient.
Berdette Bergman, 2448 Mendelssohn Lane, stated she is not opposed to the new
McDonalds concerned for traffic, bus stops for school buses and MTCO bus routes; and
feels there are too many driveways along Mendelssohn Avenue North, such as townhome,
NSP and Westview driveways and just would like to see the ingress and egress further to
the north.
Gail Klugman, McDonald's Customer Services Representative; stated she works with
families and children in the neighborhood, schools, seniors; and feels the new building will
be safe, convenient, the playland is a separate area so it will be less noisy and more
aesthetically pleasing.
The Mayor closed the public hearing.
Barb Ross, Acting City Attorney; reviewed the action the Council could take.
William Joynes reviewed the options the Council and Applicant should consider before a
decision is made, and the impacts of the decision.
MOVED by Johnson, seconded by Micks and motion carried unanimously to deny the
appeal from the Board of Zoning Appeals and uphold their decision.
Mr. Roper stated he would work with staff on the proposal and withdrew his application for
the conditional use permit for 9315 Medicine Lake Road.
The Council took no action on Resolution 96-69, Findings and Determinations Concerning
a Conditional Use Permit Request for 9315 Medicine Lake Road, McDonald's Corporation,
Applicant.
Regular Meeting of the City Council
September 3, 1996
Page 5
Public Hearing - Preliminary Plat Approval - Valley Square 3rd Addition
William Joynes stated that some Council Members had some questions that should be
resolved and requested the Council delay consideration of this item. Mark Grimes, Director
of Planning and Development reviewed the plat.
MOVED by Russell, seconded by Micks and motion carried unanimously to bring on the
table for consideration the preliminary plat approval for Valley Square 3rd Addition.
The Mayor opened the meeting for public input and persons present to do so were afforded
the opportunity to express their views thereon.
Gregg Hackett, 130 Jersey Avenue North, asked for a further explanation of what the
preliminary plat was for.
Ron Trach, Golden Valley Shopping Center, asked if the hearing is continued, will
members of the public be allowed to speak at the next public hearing.
The Mayor adjourned the public hearing.
MOVED by Russell, seconded by Johnson and motion carried unanimously to continue the
public hearing for preliminary plan approval of the Valley Square 3rd Addition to a date
uncertain, as soon as possible.
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
*Call for Public Hearing - Special Assessments - 10/1/96
MOVED by Johnson, seconded by Russell and motion carried unanimously to call for a
public hearing for October 1, 1996 at 7:00 p.m. as the date for the special assessment
public hearing on the following projects: 95 SI 9 - Valery Road; 95 SI 11 - Bassett Creek;
95 SI 12 - Merribee Drive; 95 SI 14 - Culver Road; 94 SI 10 - Noble Avenue; 95 SI 4 -
Sunset Ridge; 95 SI 5 - Ravine Trail; 95 SI 7 - Maddus Lane; 94 SI 1 - Laurel Avenue; 94
TR - Market Street Signals; 90 SS 8 - Thorpe Brothers; delinquent utility bills, and
miscellaneous charges.
*Receipt of July 1996 General Fund Budget Report
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and
file the July 1996 general fund budget report.
Regular Meeting of the City Council
September 3, 1996
Page 6
*Call for Feasibility Study - RSL 218 - Kyle Avenue North Adell Avenue at 34th Avenue
North
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 96-70
RESOLUTION ORDERING PREPARATION
OF REPORT ON IMPROVEMENT
RSL 218
KYLE AVENUE NORTH, ADELL AVENUE TO 34TH AVENUE NORTH
The motion for the adoption of the foregoing resolution was seconded by Member Russell
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, LeSuer, Micks, and Russell, 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 City Clerk.
*Call for Public Hearing - RSL 218 - —Kyle Avenue North, Adell Avenue at 34th Avenue
North - 10/1/96
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 96-71
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 218
KYLE AVENUE NORTH, ADELL AVENUE TO 34TH AVENUE NORTH
The motion for the adoption of the foregoing resolution was seconded by Member Russell
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Johnson, LeSuer, Micks, and Russell, 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 City Clerk.
*Quotes - Snowplow
MOVED by Johnson, seconded by Russell and motion carried unanimously to purchase
one multi -position Boss snowplow from the lowest responsible bidder, Crysteel Truck
Equipment for $3,277.50. The quotes are as follows:
Crysteel Truck Equipment $3,277.50
JLM Landscape 3,450.00
Regular Meeting of the City Council
September 3, 1996
Page 7
Call for Public Hearing 1997 Budgets (General Water and Sewer Utility, Brookview Golf
Conservation/Recycling, Human Services Foundation Storm Sewer Utility, Vehicle
Maintenance. and Motor Vehicle Licensing Funds)
William Joynes introduced the agenda item.
MOVED by Russell seconded by Micks and motion carried to set December 4, 1996 at
7:00 p.m. as the date for the formal public hearing for the formal Truth in Taxation Public
Hearing, and December 12, 1996 at 7:00 p.m. for the reconvened public hearing (if
needed) with the adoption of the 1997 Budget to be held on December 16, 1996 at 7:00
p.m.
Announcements of Meetings
William Joynes reviewed the schedule and topics for the upcoming meetings.
MOVED by Johnson, seconded by LeSuer and motion carried to reschedule the meeting
time for the Housing and Redevelopment Authority to 5:30 p.m.; and hold the
Council/Manager meeting immediately after the HRA on September 11, 1996.
MOVED by Russell, seconded by Johnson and motion carried unanimously to hold a
Special Council/Manager meeting on September 17, 1996 at 5:00 p.m.
Mayor and Council Communications
Mayor Anderson stated she will distribute information she received about the League of
Minnesota Cities Week and LMC/NLC Election Projects information.
Kirsten Hoffstedt - Golden Valley Rotary Ambassadorial Scholar
Dean Mooney, Director of Public Safety and Rotary Club Member; introduced Kirsten
Hoffstedt and reviewed the process for her being picked to receive the International Rotary
Ambassadorial Scholarship.
Ms. Hoffstedt introduced her parents and informed the Council on the activities she will be
participating in and opportunities she will have as the Rotary Ambassador.
Mayor Anderson presented her with a GV mug and pins, and the Council expressed their
best wishes.
Regular Meeting of the City Council
September 3, 1996
Page 8
Appeal of Board of Zoning Apoeals Decision - 9315 Medicine Lake Road
This item was considered with Public Hearing - Ordinance #148 - Conditional Use Permit -
9315 Medicine Lake Road - Findings and Determinaton Concerning a Conditional Use
Permit for 9315 Medicine Lake Road.
Noble Avenue
Mayor Anderson introduced the agenda item.
Fred Salsbury updated the Council on the status of the stop signs at Duluth Street and
Regent Avenue North and the request to Hennepin County to install a permanent four-way
stop signs.
Staff will bring back to the next Council Meeting the Council action needed to forward to
the Hennepin County Board and update the Council on a possible timeframe for installation
of the signs.
Council Member Johnson introduced the agenda item.
MOVED by Micks, seconded by Johnson and motion carried unanimously to direct staff to
report back to the Council the costs, financing and sign locations for the installation of
flashing lights and the lowered speed limit signs in front of Noble School.
Adjournment
MOVED by Johnson, seconded by Micks and motion carried unanimously to adjourn the
meeting at 9:05 p.m.
C_
Mary E. Anderson, Mayor
ATTEST:
Ju Nally, dministrativ f
ecretary