Loading...
07-17-07 CC Minutes unsigned Regular Meeting of the City Council July 17, 2007 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 July 3, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis administered the oath of office and presented Certificates of Appointment, mug and city pin to: Samuel Deputie, Human Rights Commission. Approval of Aqenda MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the agenda of July 17, 2007 as amended: Addition of Petition Regarding New Hope Christian Life Center Day Care Center. Citizen Input Mayor Loomis introduced the agenda item. John Woolever, 4937 Culver Road, against the widening of the street and installation of sidewalks; feels widening the road will cause more traffic and speeding of cars; would not be opposed to getting rid of state aid funds; haven't seen the need for a sidewalk; expressed concern over water run-off; loss of space and trees; loss of property value; feels the sidewalks are unnecessary; stated the neighborhood doesn't want the sidewalks The Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of July 17, 2007 as amended: Removal of Approval of Minutes - City Council Meeting - June 19, 2007 and Council/Manager Meeting - July 10, 2007 and Addition of Petition Regarding New Hope Christian Life Center Day Care Center. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - Citv Council Meetinq - June 19, 2007 and Council/Manager Meetinq - July 10, 2007 Council Member Freiberg had changes to the June 19, 2007 minutes. Regular Meeting of the City Council July 17, 2007 Page 2 Approval of Minutes - Citv Council Meeting - June 19, 2007 and CounciUManaqer Meetinq - July 10, 2007 - Continued MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the City Council meeting minutes of June 19, 2007 as amended: under First Consideration - Ordinance #378 - Providing for Four Year Mayoral Term, reflect that the motion to reflect that Member Pentel moved and Member Scanlon seconded the motion; and approve the Council/Manager meeting minutes of July 10, 2007 as submitted. The Special City Council Meeting minutes of June 19, 2007 will be approved at the next meeting. *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *Gamblinq License Exemption and Waiver of Notice Requirement - Rotarv Club of Bloominqton Noon MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Rotary Club of Bloomington Noon. *Solicitor's License - Sister's Camelot MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Sister's Camelot. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - May 10, 2007 Planning Commission - June 25, 2007 Human Services Foundation - June 11, 2007 Bassett Creek Water Management Commission - June 21, 2007 Joint Planning Commission, Environmental commission and Open Space and Recreation Commission - June 25, 2007 *Email from Bob Hernz Reqarding Four Year Mayoral Term MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Bob Hernz, dated July 2, 2007 regarding four year Mayoral term. Regular Meeting of the City Council July 17, 2007 Page 3 *Letter from Dean and Rubv Van Horn Reqardinq Culver Road Sidewalks MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Dean and Ruby Van Horn, received July 9, 2007 regarding Culver Road sidewalks. *Petition Reqardinq New Hope Christian Life Center Day Care Center MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the petition received on July 17, 2007 regarding the New Hope Christian Life Center. *Board/Commission Reappointment MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following Reappointments: Environmental Commission: Siah St. Clair 3 year term term expires - 5/1/109 *Authorization to Siqn Assignment of Leqal Services Aqreement for Prosecutinq Attorney Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the Assignment of Legal Services Agreement to Chestnut & Cambronne. Public Hearinq - Ordinance #379 - Conditional Use Permit 07-116 — 8025 Medicine Lake Road - New Hope Christian Life Center/Christian Life Center Daycare, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 379 , 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 07-116 8025 Medicine Lake Road New Hope Christian Life Center/Christian Life Center Daycare, Applicant Pastor Kent reviewed the conditional use permit and answered questions from the Council. Dave Cera, Planning Commissioner presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council July 17, 2007 Page 4 Public Hearing - Ordinance #379 - Conditional Use Permit 07-116 - 8025 Medicine Lake Road - New Hope Christian Life Center/Christian Life Center Davcare, Applicant- Continued 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. Chris Gunn, 8000 Wynwood Road, stated he works at home and has a good idea of the traffic patterns and Wynwood is used as a shortcut from Winnetka Avenue North to Medicine Lake Road; showed pictures of an accident between a car and school bus; concerned for walkers in the morning and afternoon with additional traffic going to the day care center; feels that Valders and Wynwood Avenue is a dangerous intersection because cars cut the corner; stated he and his ex-wife ran a day care and there was always a rush in the morning and evening at the same time and feels there will be a rush of traffic for a short period of time in the morning and evening. Pat Prigge, 8045 Joellen Lane, stated they have a quiet neighborhood and any noise will be felt throughout the neighborhood; distributed a map of the area and showed that most of the streets near the day care are t-intersections and that people at the top assume they have the right-of-way; stated it takes her a while to go north on Medicine Lake Road and feels it will be worse when the day care starts. William Mielke, 2440 Bies Drive, stated that most day cares are located on busy streets, not in residential areas, their facilities are designed for higher volumes of traffic; and they can enter the parking lot in more than one direction; gave examples like LaPetite, YMCA, and Calvary Church; expressed concern for walkers and bikers as there is no sidewalk and there are children in the area; stated the traffic coming to the day care will not happen all throughout the day but primarily in the am and pm hours; and requested the permit be denied. Brent Johnson, 8040 Joellen Lane, against the day care center, stated a petition was submitted with fifty-three names on it that are against the day care; expressed concern about traffic and noise; and wanted to know how many names on a petition will it take before the item is denied. Sam Chanen, 2485 Valders Avenue North, wanted to know where the fences will be placed and how long they will be there; wanted to know if the church was denied approval for a previous day care location; stated they already have busses who go down the street twice a day, garbage haulers one a week; stated there is a bus that parks on 23rd Avenue North and during the school year it is hard to see around it when coming down the road because of the blind spot; feels the added cars will cause traffic problems, there are no sidewalks and lots of people walk, bike and jog; there will also be problems when people back out of their driveways; stated the Planning Commission suggested they come back in a few years and ask for approval for 90 children at the day care, he figures 25-30 cars will be leaving the area going to work and 90 parents bringing their children will cause a lot of problems. Regular Meeting of the City Council July 17, 2007 Page 5 Public Hearinq - Ordinance #379 - Conditional Use Permit 07-116 - 8025 Medicine Lake Road - New Hope Christian Life Center/Christian Life Center Daycare, Applicant- Continued Jennifer Davis, 5015 Holly Lane #4, Plymouth, stated she goes to the church and is expecting her first child and would like to be able to take her child to a day care where she knows and trusts the providers; she said her church is a good church and they held a community picnic to get to know the neighbors; stated they are Youth Pastors and they are not looking to cause problems and want to work with the neighborhood. Jim Hammock, 2405 Orkla Drive, stated that trying to go east or west on Medicine Lake Road from Orkla Drive is almost impossible; that the s-curves and the t-intersections cause a lot of blind spots; kids run out in the street and run to the bus; stated utility poles and hedges make it difficult to see the traffic on Medicine Lake Road when you are turning; stated that the cars coming to the neighborhood four times a day will cause traffic problems as the roads are not adequate now; feels that people will park in the Midland Shopping Center and take their children across the street in order to avoid the traffic issues. Suzanne, Chanen, 2485 Valders Avenue North, asked if any Council Members had been to the neighborhood; stated there is a lot of congestion in the morning and evening to get on to Medicine Lake Road; sometimes there are 10-15 cars lined up trying to get on to Medicine Lake Road; feels there is a danger to children because there is no sidewalk; stated there will be a lot of garbage generated by the day care; expressed concern about selling their property as no one wants to live across the street from a day care. Charles O'Brien, 2400 Orkla Drive, opposed to day care; stated there is already a group home in the neighborhood and there are already cars going to and from the group home; they park backwards on the street, park on the corner and opposite side of the road; stated he is retired and the noise is annoying; would like a quiet neighborhood; and traffic already cuts through the neighborhood. Fern Bohling, 8100 25th Avenue North, when they back out of the driveway they have to watch in three directions; additional traffic will make it more difficult and there is a better potential for a traffic accident, likes the solitude of the neighborhood; stated they were never approached by the church when they moved into the area; and expressed concern over the additional noise and traffic. Elaine Hopponen, 2400 Valders Avenue North, stated that various changes were made in the neighborhood over the years and they were never listened too; wanted to know if the Council will listen to them now. Sandra Hopkins, 8140 25th Avenue North; expressed concern over the people who walk in the neighborhood with walkers, canes and those who walk their dogs; some of the residents can't hear and see so well and is concerned about their safety; wanted to know how many people belong to the church, stated she counted the cars on Sunday and there were only about 28 cars and most of them came with only one person. Regular Meeting of the City Council July 17, 2007 Page 6 Public Hearinq - Ordinance #379 - Conditional Use Permit 07-116 - 8025 Medicine Lake Road - New Hope Christian Life Center/Christian Life Center Davcare, Applicant - Continued Joel Davis, 5015 Holly Lane #4, Plymouth, stated he would greatly benefit from a day care; would like to send their children to a day care where they trust the employees; stated the Church's goal is to not to inconvenience the neighborhood but to serve the community; feels a day care will serve the community; feels that there is a lot of noise already from Winnetka and Medicine Lake Road and they won't add too much noise to that. Harry Cohen, 8101 25th Avenue North, stated most people have two cars and they already have a lot of traffic; feels the additional cars will make the situation worse; they have no sidewalks and a lot of people walk in the morning and evening; wanted to know if the Council will act on the petition and what will happen with the 53 signatures that were already received. The Mayor closed the public hearing. MOVED by Freiberg, seconded by Pentel and motion carried to approve Ordinance #379, 2nd Series, as amended: change condition 1 to: The day care center shall be limited to no more than 30 children. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - NO SHAFFER —YES First Consideration - Ordinance #380 - Adoptinq the Amended State Buildinq Code and Amended State Fire Code The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 380, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the Amended State Building Code and Amended State Uniform Fire Code Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #380, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER — YES Regular Meeting of the City Council July 17, 2007 Page 7 Appointment to St. Louis Park Duke Proiect Area Communitv Planninq Committee Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Jim Murray, 1520 Natchez Avenue South, as the Golden Valley representative to the St. Louis Park Duke Project Area Community Planning Committee. Announcements of Meetincls Some Council Members may attend the Culver Avenue Sidewalk Meeting on July 18, 2007 from 6:30 pm to 7:30 pm. Some Council Members may attend the Employee Appreciation Lunch on July 19, 2007 from 11 am to 12:30 pm. The next Bassett Creek Water Management Commission will be held on July 19, 2007 at 11:30 am. A Concert in the Park featuring Calhoun Brass will be held on July 23, 2007 at 7 pm at Brookview Park. A Concert in the Park featuring Banjo Bandits will be held on July 30, 2007 at 7 pm at Brookview Park. Some Council Members may attend a staff retirement party on July 31, 2007 at 3:15 pm to 6 pm at the Brookview Community Center. A Concert in the Park featuring The Flyers will be held on July 31, 2007 at 11:15 pm at Brookview Park. A Concert in the Park featuring Sentimental Swing will be held on August 6, 2007 at 7 pm at Brookview Park. National Night Out celebrations will be held throughout the evening on Tuesday, August 7, 2007. The next City Council meeting will be held on Wednesday, August 8, 2007 at 6:30 pm. A Concert in the Park featuring Jolly Czechs will be held on August 13, 2007 at 7 pm at Brookview Park. An Ice Cream Social will be held on August 13, 2007 after the concert at Brookview Park. The next Council/Manager meeting is August 14, 2007 at 6:30 pm. Regular Meeting of the City Council July 17, 2007 Page 8 , Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 9:05 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant