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04-20-04 CC MinutesRegular Meeting of the City Council April 20, 2004 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 20, 2004 at 6:30 p.m. The following members were present: Freiberg (arrived 6:36 p.m.), Grayson, Loomis, Shaffer and Tremere. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Certificate of Appointment Mayor Loomis presented a Certificate of Appointment, mug, city pin to Steve Schmidgall and Cathy Waldhauser, Planning Commission; James Heine, Open Space and Recreation Commission; Nicole Zimmerman and Mike Gosz, Human Rights Commission; Christopher Kaisershot and Tracy Anderson, Environmental Commission. Jon Pawluk, Environmental Commission; Bruce Pappas, Human Rights Commission and Dean McCarty, Board of Zoning Appeals were unable to attend the meeting and their Certificate of Appointment will be mailed. 1-394 Express Lanes Community Task Force Presentation Lee Munich, Humphrey Institute, presented a power point presentation about the MnPass project, distributed informational packets and answered questions from the Council. Earl Robinson, SRF, Daryl Pawluk, MnDOT and Henry Van Dellen, Task Force Chair, answered questions from the Council Envision Update Bruce Peterson and John Klutcha, Envision Report Team updated the Council on the accomplishments since the Summit and a review of the closure for the Envision process. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of April 20, 2004 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Regular Meeting of the City Council April 20, 2004 Page 2 Approval of Consent Agenda MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the items on the consent agenda, except removal of Authorization to Sign Amended Joint and Cooperative Agreement with Northwest Hennepin Human Services Council and Authorization to Sign Agreement with Bonestroo, Rosene, Anderlik & Associates for Design Services for Salt Storage Facility and Water Quality Improvements. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - March 16, 2004 and Council/Manager Meeting -April 14, 2004 MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the City Council meeting minutes of March 16, 2004 and the Council/Manager meeting minutes of April 14, 2004 as submitted. *Bills and Claims MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the payment of the City bills as submitted. *Gambling Premises Permit Renewal - American Legion Post 523 Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-26 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL FOR THE CONDUCT OF LAWFUL GAMBLING (AMERICAN LEGION POST 523) The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; 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. *On -Sale Liquor License Including Enclosed Patio - Maiors Sports Cafe of Golden Valley Inc. d/b/a Maiors Sports Cafe MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the on -sale liquor license including enclosed patio for Majors Sports Cafe of Golden Valley d/b/a Major Sports Cafe. Regular Meeting of the City Council April 20, 2004 Page 3 *Minutes of Boards and Commissions MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - March 22, 2004 Bassett Creek Water Management Commission - March 10, 2004 *Quotes - Cab/Chassis Truck MOVED by Tremere, seconded by Grayson and motion carried unanimously to purchase a 4 x 4 cab and chassis truck from the MnDOT contract from Elk River Ford for $27,294.89. *Letter from Crystal Ovsak Regarding Resignation from Board of Zoning Appeals MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the letter from Crystal Ovsak, dated April 6, 2004 regarding resignation from Board of Zoning Appeals and request the Mayor send her a letter of appreciation in recognition for her service to the community. Authorization to Sign Amended Joint and Cooperative Agreement with Northwest Hennepin Human Services Council Council Member Tremere asked what the current membership fee is and what they are proposed to be in the future. Thomas Burt answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-27 RESOLUTION APPROVING AN AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; 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. Regular Meeting of the City Council April 20, 2004 Page 4 Authorization to Sign Agreement with Bonestroo, Rosene, Anderlik & Associates for Design Services for Salt Storage Facility and Water Quality Improvements Council Member Tremere wanted to know if staff had looked at all city sites available for possible location of the facility. Jeannine Clancy answered questions from the Council. MOVED by Tremere, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign an agreement with Bonestroo, Rosene, Anderlik & Associates for design services for the salt storage facility and water quality improvements. Public Hearing - Ordinance #295 - Conditional Use Permit - 5621 Duluth Street The following ordinance was MOVED by Freiberg, seconded by Tremere: ORDINANCE NO. 295, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 04-106 5621 Duluth Street Steve Canada, applicant reviewed the proposal and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Allen Barnard and Jeannine Clancy answered questions from the Council. Paula Pentel, Planning Commission, presented the Commission report and answered questions from the Council. Glen Van Wormer, SEH, Traffic Engineer, reviewed the parking lot layout, traffic projections 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. Beverly Lester, 5555 St. Croix Avenue, stated that since reconstruction of Highway 100 Lilac Drive has become a truck highway; since there are no exists to get to the industrial area to the south trucks use Lilac Drive to get to Highway 100 because they get stuck under the railroad bridge on Golden Valley Road; stated there is a lot of traffic on Lilac Drive and many go through the 3 -way stop sign; stated she is in favor of Applebee's being located in the shopping center and that the parking lot where they are being located at is generally empty. Regular Meeting of the City Council April 20, 2004 Page 5 Public Hearing - Ordinance #295 - Conditional Use Permit - 5621 Duluth Street - Continued Laura Pugh, 2200 Vale Crest Road, wanted the parking space adequacy clarified as there are conflicting numbers between the staff report and traffic engineer report; feels that the number of parking spaces is bound to be an issue, feels that there will be a traffic flow problem inside and outside of the parking lot; expressed concern over the remodeling of the parking lot; feels the reduction of parking lot entrances and exits will cause a problem; feels the new configuration will cause visibility issues and increased traffic accidents; wanted to know how the remodeling of Byerly's will impact the traffic flow and parking; feels the Council should evaluate all the proposals before make any changes; and wanted to know what options the City will have to change the parking lot if problems occur in the future. Marilyn Clayton, 5725 Westbend Road, stated she uses the park and ride; stated there are a lot of delivery trucks turning in and out of the parking area; asked how will the delivery trucks be able to maneuver in and out of the parking lot when there are a lot of cars parked there; expressed concern that Applebee's provide safe and close parking for their employees; concerned about the mixture of the parking situation along with the serving of liquor; stated she would like to see a unique restaurant located in the shopping center instead of a franchise restaurant. Tony Rosell, United Properties, presented a signed petition of tenants and customers who are in favor of Applebee's locating in the shopping center. The Mayor closed the public hearing. The Council requested staff amend the following Ordinance conditions for consideration at the May 4, 2004 City Council meeting: 7. Amend the condition to reflect the hardships that exist and the reasons the Board of Zoning Appeals granted the parking variances. 10. Amend the condition as follows: Trash removal shall not occur at Spring Gate Shopping Center between 10:00 p.m. and 6:00 a.m. MOVED by Freiberg, seconded by Tremere and motion carried unanimously to continue consideration of Ordinance #295, Approval of Conditional Use Permit Number 04-106, 5621 Duluth Street at the May 4, 2004 City Council meeting. Public Hearing - Platted Drainage and Utility Easement Vacation - Room and Board Jeannine Clancy 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. Regular Meeting of the City Council April 20, 2004 Page 6 Public Hearing - Platted Drainage and Utility Easement Vacation - Room and Board - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-28 RESOLUTION VACATING A PORTION OF PLATTED DRAINAGE AND UTILITY EASEMENTS FOR ROOM AND BOARD The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis and Tremere; and the following was absent: Shaffer; 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. Public Hearing - 02-5 TH 55/General Mills Boulevard/Boone Avenue North Flood Control Proiect Jeannine Clancy introduced the agenda item and stated that in order to meet mailed notification requirements the public hearing should be 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. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to continue the public hearing for consideration of the flood control project to the May 4, 2004 City Council meeting. Second Consideration - Ordinance #294 - Amendment to Chapter 4, Swimming Pool Construction and Demolition and Amendments to Chapter 6, Swimming Pool Licensing The following ordinance was MOVED by Tremere, seconded by Freiberg: ORDINANCE NO. 294, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 4, "Construction, Signs, and Land Reclamation Permits and Regulations" Adding Section 4.08, "Swimming Pool Construction and Demolition" and Chapter 6 "Other Business Regulation and Licensing" Adding Section 6.48, "Swimming Pool Licensing" Mark Kuhnly, Chief of Fire and Inspections reviewed the ordinance and answered questions from the Council Regular Meeting of the City Council April 20, 2004 Page 7 Second Consideration - Ordinance #294 - Amendment to Chapter 4, Swimming Pool Construction and Demolition and Amendments to Chapter 6, Swimming Pool Licensing - Continued MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve on second consideration Ordinance #294, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES MOVED by Grayson, seconded by Freiberg to approve publication of the summary ordinance. Announcements of Meetings An Envision Steering Committee will be held on April 22, 2004 at 7:00 p.m. The Board of Review will be held on April 28, 2004 at 7:00 p.m. The next City Council meeting will be held on May 4, 2004 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on May 11, 2004 at 6:30 p.m. The next Council/Manager meeting will be held on May 11, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority meeting. A Bassett Creek Water Management Commission Administrative Options Subcommittee meeting will be held on May 17, 2004 at 6:00 p.m. A City Council meeting will be held on May 18, 2004 at 6:30 p.m. The next Bassett Creek Water Management Commission will meet on May 20, 2004 at noon. The 1-394 Express Lanes Community Task Force will meet on May 27, 2004 at the Double Tree Inn in St. Louis Park at 7:00 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council April 20, 2004 Page 8 Adjournment The Mayor adjourned the meeting at 9:40 p.m. IV 4 NIXON k1sw ra A MOO i 03, kwAI •. ' oomis, Mayor ATTEST: y N ally/lAd min istrative �4sistant