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05-18-04 CC MinutesRegular Meeting of the City Council May 18, 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 May 18, 2004 at 6:30 p.m. The following members were present: Freiberg, 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. Golden Valley Days Update Luke Weiserg, Co -Chair, Golden Valley Community Events Fund, reviewed the plans for Golden Valley Days which will be held on May 22, 2004 and answered questions from the Council. Robbinsdale School District Update - Stan Mack, Superintendent Stan Mack, Superintendent, Robbinsdale School District, updated the Council on the reorganization of the School District and answered questions from the Council Approval of Agenda MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the agenda of May 18, 2004 as amended: Removal from Consent Agenda: Approval of Minutes - City Council Meeting - April 20, 2004; Addition to Old Business: Authorization to Sign Amended PUD Permit, Amendment #2, PUD #79, Room and Board; and Authorization to Sign PUD Permit, PUD #97, Sunrise of Golden Valley. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. 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 Therapeutic Massage Facility - Theresa Thompson Massage and Therapeutic Massage Certificate - Theresa Thompson and Therapeutic Massage Certificate - Theresa Thompson; Minutes of Boards and Commissions - Bassett Creek Water Management Commission - April 15, 2004 and Approval of Plat - Oak Park Acres Addition. Mayor Loomis read the items listed on the consent agenda. Regular Meeting of the City Council May 18, 2004 Page 2 *Approval of Minutes - City Council Meeting - April 20, 2004 and Council/Manager Meeting - May 11, 2004 MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the Council/Manager meeting minutes of May 11, 2004 as submitted. The City Council Meeting minutes will be approved at the next meeting. *Bills and Claims MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the payment of the bills and claims as submitted. *General Business Licenses MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Therapeutic Massage Facility - Theresa Thompson Massage and Therapeutic Massage Certificate - Theresa Thompson Council Member Tremere had a question regarding the location of the facility. Thomas Burt answered questions from the Council. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve the issuance of a Therapeutic Massage Facility License and Therapeutic Massage Certificate to Theresa Thompson for 810 Lilac Drive North, Suite 101. *Gambling License Exemption and Waiver of Notice Requirement - Twin Cities Gay Men's Chorus MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Twin Cities Gay Men's Chorus. *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 - April 26, 2004 Joint Water Commission - April 7, 2004 Families Sharing the Dream Committee - March 18, 2004 Regular Meeting of the City Council May 18, 2004 Page 3 Minutes of Boards and Commissions - Bassett Creek Water Management Commission -April 15, 2004 Council Member Grayson asked questions about the funding for the capitol improvement projects. Staff was requested to investigate options to remove the City from the Bassett Creek Water Management Commission and discuss the item at a future Council/Manager meeting. MOVED by Shaffer, seconded by Tremere and motion carried to receive and file the Bassett Creek Water Management Commission minutes for April 15, 2004. Council Member Freiberg voted no. *Bids - Sealcoat MOVED by Tremere, seconded by Grayson and motion carried unanimously to award the bid for the sealcoating to the lowest responsible bidder, Allied Blacktop Company for $70,852.58. The bids are as follows: Allied Blacktop Company $70,852.58 Pearson Brothers, Inc. 70,935.07 Asphalt Surface Technology Corp. 101,195.25 *Proclamation for Arbor Month and Arbor Day MOVED by Tremere, seconded by Grayson and motion carried unanimously to proclaim May 20, 2004 as Arbor Day and May as Arbor Month. Approval of Plat - Oak Park Acres Addition Mayor Loomis had a question about the status of the removal of the homes. Mark Grimes, Director of Planning and Development and Thomas Burt answered questions from the Council. Member Loomis introduced the following resolution and moved its adoption: RESOLUTION 04-31 RESOLUTION FOR APPROVAL OF PLAT - OAK PARK ACRES 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 May 18, 2004 Page 4 *Approval of Plat - Rath White Addition Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-32 RESOLUTION FOR APPROVAL OF PLAT - RATH WHITE ADDITION 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. *Approval of Plat - Alan Wood Heights Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-33 RESOLUTION FOR APPROVAL OF PLAT - ALAN WOOD HEIGHTS 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. Public Hearing - Rezoning to Two Family Residential (R-2) Zoning District - 3370-72 Lilac Drive North Gary Nielsen, Applicant, reviewed the proposal and answered questions from the Council. Paula Pentel, presented the Commission report 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 Thomas Burt 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. Fred Hahn, 3384 Scott Avenue North, feels if the property is rezoned they will sell it and demolish the home that is currently on the property and rebuild two new homes; feels any addition will make the home aesthetically worse, stated he has no objections to the people who live there. Regular Meeting of the City Council May 18, 2004 Page 5 Public Hearing - Rezoning to Two Family Residential (R-2) Zoning District - 3370-72 Lilac Drive North - Continued Demetria Hawes, 3385 Scott Avenue North; stated she attended the Planning Commission meeting and felt the neighbors and applicant were well-received and accepted; stated this is not a licensed facility; they don't pay real estate taxes; wanted to know about the internal remodeling of the home; wanted to know if there is a door connecting the two homes; asked questions about the placement of the kitchen areas; how will they will be used; asked if the improvements will benefit the neighborhood; wanted to know if the addition will change the integrity of the duplex, feels that there will be more traffic and cars; more parking spaces will be required; wanted to know where everyone will park; feels that the site will become a dormitory; stated she thinks of the home as a group home and they already have three group homes in the neighborhood and this will start a precedent. Jan VanOppen, 3321 Scott Avenue North, stated there are seven duplexes in the area and concerned that all the other duplexes will change the zoning to R-2; stated the City of Crystal changed the zoning across the street to medium density; the development got voted down and now they are changing the density back to low density zoning; stated that since they closed the access to Highway 100 the area is isolated; expressed concern over the safety of children in the area because of the increase in traffic; wanted to know if the homes that are non-profit are assessed for the pavement management program; feels that the non-profit homes should still contribute for basic city services. The Mayor closed the public hearing. MOVED by Tremere, seconded by Freiberg to amend Resolution 04-34 as follows: 2. If this one lot was to be rezoned to R-2 (Two Family Residential Zoning District) in the midst of neighborhood zoned R-1 (Single Family Residential Zoning District), the Council does not want to expand a non -conforming use and it would be inappropriate for the area. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-34 RESOLUTION FOR DENIAL OF REZONING TO TWO FAMILY RESIDENTIAL (R-2) ZONING DISTRICT 3370-72 LILAC DRIVE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Shaffer 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 May 18, 2004 Page 6 Public Hearing- Ordinance #297 - General Plan Approval - PUD #46 - Amendment #5 - Calvary Lutheran Church The following ordinance was MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 297, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Calvary Lutheran Church, P.U.D. No. 46, Amendment #5 Calvary Lutheran Church, Applicant Richard Stuerman, BWBR Architects, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development introduced the agenda items, presented the Planning 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve Ordinance #297, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Continued Public Hearing - Ordinance #298 - General Plan Approval - PUD #79 - Amendment #2 - Room and Board The following ordinance was MOVED by Grayson, seconded by Tremere: ORDINANCE NO. 298, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Room and Board, P.U.D. No. 79, Amendment #2. Martha and John Gabbert, Applicants Daryl Fortier, Fortier & Associates, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development introduced the agenda items, presented the Planning Commission report and answered questions from the Council. Regular Meeting of the City Council May 18, 2004 Page 7 Continued Public Hearing - Ordinance #298 - General Plan Approval - PUD #79 - Amendment #2 - Room and Board - 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 Tremere and motion carried unanimously to approve Ordinance #298, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES MOVED by Tremere, seconded by Grayson and motion carried unanimously to direct staff to report back by December 31, 2004 the issue of adequacy of parking. Continued Public Hearing - 02-5 - TH 55/General Mills Boulevard/Boone Avenue North Flood Control Proiect 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. Patrick Lansing, representing Steiner Development and tenants, 8820 7th Avenue North; thanked staff for finding alternate funding sources; stated that this project benefits more than the adjacent businesses and feels that if at some point the assessment issue is reopened he feels that other businesses that surround the project should be included. Dan Davey, 745 Boone Avenue North, thanked the Council and staff for finding an alternative funding solution and if the assessment issues is reopened he would like to be notified. The Mayor closed the public hearing. Public Hearing - Vacating of Platted Right -of- Way - Portion of Wheeler Boulevard Jeannine Clancy introduced the agenda item and answered questions from the Council. Mark Grimes, Director of Planning and Development 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 May 18, 2004 Page 8 Public Hearing - Vacating of Platted Right -of- Way - Portion of Wheeler Boulevard Continued Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-35 RESOLUTION FOR STREET VACATION OF PORTION OF WHEELER BOULEVARD 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, 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. Public Hearing - General Plan Approval - PUD #98 - Golden Ridge Development Thomas Burt stated that the property is in the process of being transferred and staff recommends continuing the public hearing. Mark Grimes, Director of Planning and Development 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. MOVED by Tremere, seconded by Shaffer and motion carried unanimously to continue the public hearing until June 1, 2004 for consideration of general plan approval for PUD #98, Golden Ridge Development. Continued Public Hearing - General Land Use Plan Map Amendment - 4950 Olson Memorial Highway Mark Grimes, Director of Planning and Development introduced the agenda items, presented the Planning Commission report and answered questions from the Council. Allen Barnard 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 May 18, 2004 Page 9 Continued Public Hearing - General Land Use Plan Map Amendment - 4950 Olson Memorial Highway - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-36 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED ON LOT 1, BLOCK 1, SUNRISE OF GOLDEN VALLEY P.U.D. NO. 97 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, 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. Continued Public Hearing - Ordinance #299 - Rezoning to High Density Residential (M-4) Zoning District - 4950 Olson Memorial Highway The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 299, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from the Commercial Zoning District to the High Density Residential (M-4) Zoning District 4950 Olson Memorial Highway City of Golden Valley, Applicant Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Thomas Burt 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. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve Ordinance #299, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Regular Meeting of the City Council May 18, 2004 Page 10 Continued Public Hearing - Ordinance #300 - General Plan Approval - PUD #97 - Sunrise of Golden Valley The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 300, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development Sunrise of Golden Valley, Planned Unit Development (P.U.D.) No. 97 Sunrise Development, Inc. and Infinity Motel Holdings LLC, Applicants Laura Hester, Sunrise of Golden Valley reviewed the plan and answered questions from the Council Mark Grimes, Director of Planning and Development introduced the agenda items, presented the Planning Commission report and answered questions from the Council. Jeannine Clancy and Allen Barnard 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. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve Ordinance #299, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Second Consideration - Ordinance #296 -Amending Chapters 6 and 10, Garbage, Refuse, Yard Waste, Woody Yard Waste, and Recyclables The following ordinance was MOVED by Tremere, seconded by Freiberg: ORDINANCE NO. 296, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapters 6 and 10 Garbage, Refuse, Yard Waste, Woody Yard Waste, and Recyclables Adam Fulton, Intern, reviewed the ordinance and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve on second consideration Ordinance #296, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: Regular Meeting of the City Council May 18, 2004 Page 11 Second Consideration - Ordinance #296 - Amending Chapters 6 and 10, Garbage, Refuse, Yard Waste, Woody Yard Waste, and Recyclables - Continued FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve publication of the summary ordinance. Adoption of Revised Sidewalk and Trail Policy Jeannine Clancy reviewed the item and answered questions from the Council. Sara Peterson, Environmental Commission, reviewed the recommendation from the Commission regarding the paving of nature trails. Member Tremere introduced the following resolution and moved its adoption, as amended: RESOLUTION 04-37 RESOLUTION ADOPTING THE REVISED SIDEWALK AND TRAIL POLICY 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. Approval of Plat - North Wirth Parkway 5th Addition Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 04-38 RESOLUTION FOR APPROVAL OF PLAT - NORTH WIRTH PARKWAY 5TH ADDITION 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, 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 May 18, 2004 Page 12 Approval of Plat - PUD #79 - Room and Board Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 04-39 RESOLUTION FOR APPROVAL OF PLAT - ROOM AND BOARD P.U.D. NO 79 AMENDMENT #2 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. Approval of Plat - PUD #97 - Sunrise of Golden Valley Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-40 RESOLUTION FOR APPROVAL OF PLAT - SUNRISE OF GOLDEN VALLEY P.U.D. 97 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, 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. MOVED by Tremere, seconded by Shaffer and motion carried unanimously to call for a public hearing to consider easement vacations for PUD #97, Sunrise of Golden Valley for June 15, 2004. Authorization to Sign Amended PUD Permit, Amendment #2, PUD #79, Room and Board Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit, amendment #2, PUD #79, Room and Board. Regular Meeting of the City Council May 18, 2004 Page 13 Authorization to Sign PUD Permit, PUD #97, Sunrise of Golden Valley. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for PUD #97, Sunrise of Golden Valley. First Consideration - Ordinance #301 - Amendment to Master Fee Schedule for Interim Water Flow Rate and Minimum Water Fee The following ordinance was MOVED by Tremere, seconded by Freiberg: ORDINANCE NO. 301, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the Master Fee Schedule for Interim Water Flow Rate and Minimum Water Fee Don Taylor, Finance Director, reviewed the ordinance and answered questions from the Council. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve on second consideration Ordinance #301, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES The Council will review the water flow rate after the decision has been made regarding the pending water source issue. Announcements of Meetings The next Bassett Creek Water Management Commission will meet on May 20, 2004 at noon. Golden Valley Days Celebration will be held on May 22, 2004. The Board/Commission Recognition Dinner will be held on May 26, 2004 at 6:30 p.m. 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. The next City Council meeting will be held on June 1, 2004 at 6:30 p.m. Regular Meeting of the City Council May 18, 2004 Page 14 Announcements of Meetings A Welcome Back to Brookview Celebration will be held on June 4, 2004 at 5:30 p.m. A Tri -City Joint City Council Meeting will be held on June 2, 2004 at the Crystal Community Center at 7:00 p.m. There will be no Housing and Redevelopment Authority meeting on June 8, 2004. The Golden Valley Fire Relief Association Dance will be held on June 19, 2004. Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 10:35 p.m. 9 Y�Z�— Linda R. Loomis, Mayor ATTEST: ( I goqav J y NallynAdministratiAssistant