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06-03-03 CC MinutesRegular Meeting of the City Council June 3, 2003 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 June 3, 2003 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Helping Us Grow (HUGS) Presentation Paula Watkins, HUGS Coordinator and Melodie Hanson, Robbinsdale Area Redesign reviewed their program and answered questions from the Council. Approval of Agenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the agenda of June 3, 2003 as amended: Addition to Old Business - Golden Valley Historical Society Grant. Citizen Input Mayor Loomis introduced the agenda item continued the meeting. Approval of Consent Agenda Hearing and seeing no one, the Mayor MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Approval of Minutes - City Council Meeting April 15, 2003; Authorization to Sign Letter of Intent for Emergency Communications Study and Addition of Letter, Petition and Emails Regarding 800 Lilac Drive North. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes: City Council Meeting - April 15, 2003 Council Member LeSuer had questions regarding the pagination in the agenda packet. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the City Council Meeting minutes of April 15, 2003 as submitted. Regular Meeting of the City Council June 3, 2003 Page 2 *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Fund for Public Interest on Behalf of Sierra Club MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the solicitor's license for Fund for Public Interest Research on behalf of the Sierra Club. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - April 17, 2003 Board of Zoning Appeals - April 22, 2003 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Authorization to Sign Letter of Intent for Communications Study Robert Hernz, Director of Public Safety, reviewed the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize the City Manager to sign the letter of intent regarding the Dispatch Consolidation Feasibility Study. Regular Meeting of the City Council June 3, 2003 Page 3 Letter, Petitions and Emails Regarding 800 Lilac Drive North MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the following: Petition received June 3, 2003; Letter from Arlene Weinzierl, dated May 9, 2003; Emails from Gary Armstrong, dated May 28, 2003;George and Carol Berglund, dated May 30, 2003;Paul Beverage and E den B art, d ated J une 3, 2 003; A ngie J erdee, dated June 3, 2003; Sue Oestreich, dated June 2, 2003; Julia Van Hamm, dated June 2, 2003; Bob Lazarov, dated June 4, 2003; Arlene Hess, dated May 31, 2003; Steve Yingst, dated June 2, 2003; Wende Pemrick, dated June 2, 2003; Bruce Zirbes, dated June 4, 2003; and Wende and Steve Dybdah, dated June 3, 2003. Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North The following ordinance was MOVED by Johnson, seconded by Grayson: ORDINANCE NO. 280, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 03-101 800 Lilac Drive North ABC Investment LLC, Applicant Colin Sievers, Applicant and Rod Miller, Terranova Real Estate Services reviewed the plan and answered questions from the Council. Paula Pentel, presented the Planning Commission report. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Robert Hernz, Director of Public Safety, 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. Greg Niemela, 1445 Unity Avenue North, asked if the signage along Hwy 55 will attract a lot of customers; concerned over noise pollution; stated they could hear the compressors that were used at former body shops in the area; wanted to know if the cars would have auto theft devices and if they would go off in the middle of the night; asked about the unloading of cars to the site; wanted to know if the transport vehicles could wait in a commercial delivery area and drop their loads off only during business hours; doesn't want to hear the ramps clanging at night during delivery. Mathew Foli, 1545 Toledo Avenue North, wanted to know if the northwest exit could be closed except for delivery of automobiles and emergency purposes; wanted to know if the condition pertaining to compliance could be listed as the last condition; wanted to add a condition that limits the number of vehicles allowed on the site; feels no pylon signs should be allowed on the site; asked if it is legal to put the "no test drives beyond this point" signs on railroad or MnDOT property, wanted to know whose jurisdiction it is. Regular Meeting of the City Council June 3, 2003 Page 4 Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North - Continued Dan Dorr, 1220 Unity Avenue North, feels the delivery trucks will end up in the neighborhood; feels they will look for a place to park and come back on the frontage road and will park there waiting for delivery and that people will test drive the cars in their neighborhood. Don Thomas, Community Manager, Valley Village Apartments, 600 Lilac Drive North, represents 225 residents in 6 buildings; stated all of the buildings face Highway 100 and face the development; stated the top apartments will see the signs and lighting from about 25-30 yards; stated during the winter they will be looking right down on them; feels they will get the noise when the cars are being delivered and when they are being test driven; feels the development will impact the amount of money they can charge for rent; concerned that snow piling up along the noise wall will reduce the width of the street; suggested putting in speed bumps in the road to slow down drivers; feels crime will increase at night when people come by to view the cars in the lot. Steve Applebaum, 2835 June Avenue North, stated he rents an office part-time for hypnosis therapy and his clients need quiet during his treatment and is concerned about the noise in the area with construction and car delivery. Gregg Klave, 600 Lilac Drive North, expressed concern over the effect on the neighborhood; feels it has been mayhem in the neighborhood before with the construction of Highway 100 and the development of Hidden Lakes; expressed concern about the oil residue from the dealership dripping into water system; feels that traffic will increase with the cars coming in and out for repairs and increases the possibility of car accidents; concerned about added noise and security in the neighborhood. Sue Oestreich, 1131 Unity Avenue North, stated they selected the neighborhood very carefully before purchasing their house; expressed concern over the safety, security and speed of traffic in the neighborhood. Elisabeth Ellgen, 1438 Lilac Drive North, asked how many children live in the apartment building, stated a lot of kids use Schaper Park and is concerned for their safety getting to the park; stated it is a sharp left turn to get onto the frontage road and it is not easy from the north; suggested the transfer trucks not be allowed to come in from the north; suggested the stop signs be reinstalled on the frontage road. Mary Slette, 1436 Unity Avenue North, doesn't feel the business will serve the residents; concern over safety and increase of traffic in the area; stated she likes the quiet neighborhood; stated she lives on a dead end road and people don't see the signs and zoom in her street and zoom out again once they realize it is a dead end. Regular Meeting of the City Council June 3, 2003 Page 5 Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North - Continued Sandy Robin, 921 Toledo Avenue North, stated she uses Lilac Drive every day and it is wonderful to get out to Highway 55 but feels the road is too narrow and windy for the transporting of cars; stated she has noticed that the car dealerships on 1-394 unload their cars on the frontage road and wanted to know if that would happen at this site; expressed concern about the lighting, signage and the safety of children; feels it is an inconsistent and inappropriate use for the building and she is opposed to the dealership. Neal Ostreich, 1131 Unity Avenue North, wanted to know what is the benefit for the citizens from this business in the neighborhood and concerned about extra traffic in the area; feels the neighborhood is safe now and doesn't "Envision" this in our neighborhood. Phyllis Mahan, 1335 Toledo Avenue North, opposed to traffic in neighborhood; feels the street will become a drag strip and people will ignore signs and test drive the cars on their street; stated the neighborhood is a quiet area now with a low crime rate; feels the dealership will change the neighborhood; asked what will happen to property values; feels that crime will increase. Vincent Hastings, 5305 Topel Road, what attracted him to city was larger lots and quiet community and he paid a premium for his home; expressed concern over the number of vehicles that will be coming to the site and the number of transport vehicles; concerned that with this car dealership located in the area others will follow; feels that if the dealership is approved the City will lose residents. Marge Ryks, 5341 Thotland Road, wanted to know if cars are already parked in their lot how will they be able to unload newly delivered vehicles; wanted to know how the transport truck will get into the lot to unload the cars when it is fenced during non business hours; feels Lilac Drive is narrow and windy; and wanted to know what will the city do if they unload the cars on the street. Lee Haug, 1221 Unity Avenue North, stated he was very much opposed to the used car dealership; feels the dealership will take the tranquility away from the neighborhood; feels some of the traffic going to the dealership will not go back to Highway 55 when they leave and will take Lilac Drive and down Duluth Street; stated that there used to be an exit off of Highway 55 to get to the site and now it has closed and the neighborhood has I ost its privacy. Jessica Sherman, 1400 Unity Avenue North, stated the road is narrow and windy and wondered if an 18 car hauler will be able to make the turn into the dealership; expressed concern over the dealerships, effect on property values; the character of the neighborhood; traffic generation; noise level; light pollution and feels the Council should consider those factors when making the decision. Regular Meeting of the City Council June 3, 2003 Page 6 Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North - Cnnfinuad Paul Ramnarine, 5330 Topel Road, stated her two daughters ride their bike on that road and feels that the 90 degree turns will be difficult for the transport vehicle to maneuver and feels this location is not a right place for that type of business. Diana Howe, 600 Lilac Drive North, expressed concern about the noise; lighting and traffic; reiterated how dangerous the turns are coming up Lilac Drive; feels it is a not a good place for a car dealership or business. Mike Kehos, 1200 Unity Avenue North; stated the main problem he has in the morning is because of the construction, it takes 7 to 15 minutes to get to Highway 100 or Highway 55 then 7 minutes to get downtown; was hoping for some relief from getting out of his neighborhood and feels this business will add to congestion. Jim Ramlet, 1300 Unity Avenue North, wanted to know if there have been any traffic studies that compared the amount of traffic before and after the road was opened; wanted to know if they could include speed humps as part of the conditional use permit. Chan May Hine, 1030 Lilac Drive North, feels traffic will increase a lot; stated cars from the south come up the hill very fast, has a hard time getting out of driveway; people can't see or don't obey the 30mph sign, expressed concern over people walking and biking in the frontage road; and is concerned over an increase in crime in the area. Amy Moore, 1433 Angelo Drive, appreciated the crime statistics given but wanted to know if it takes into consideration the surrounding cities, including North Minneapolis; would like to know if crime studies were done and if not, urged them to be done. Adam Tork, 1340 Unity Avenue North, asked questions about the process forgetting a conditional use permit; w anted t o k now a bout t he s tudy d ata, f eels i ncreased t raffic w ill effect crime in the area; feels the road is not set up to handle transport vehicles; suggested using a security person a t n ight; w anted t o k now h ow t hey h andle t he d isposal o f t oxic waste and old car parts wanted to know if this type of business the right kind of business for the area. Paul Pentel, 941 Angelo Drive, wanted to know what this business bring to the neighborhood; stated he has not heard anything positive about the business in this area; stated no one has been lobbying to bring a used car dealership to the neighborhood. Julia Carlstrom, 5200 Thotland Road, stated there has been a turnover in the area and more families are moving in; expressed concern over traffic and safety issues; feels the neighborhood should have some say in which businesses can go there; feels the road is treacherous; showed a picture of an adult and child on the side of the roadway Regular Meeting of the City Council June 3, 2003 Page 7 Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North - Continued Steve Robin, grew up at 921 Toledo Avenue North, lives at 225 Ottawa Avenue North; showed a map of the area which shows who signed the petition against the dealership; feels we don't need a car dealership in the area; feels the property values will be effected; concerned about traffic, narrow streets, noise levels, lighting, crime, people test driving through the neighborhood; feels another business is better suited for the area; wanted to know about future expansion of the facility; concerned about being able to control when the cars are delivered. The Mayor closed the public hearing. MOVED by Johnson to look for findings as to why this may be an inappropriate use to the neighborhood. Motion died due to a lack of a second. MOVED by LeSuer, seconded by Grayson to refer the issue of a sidewalk in their area to the sidewalk committee. MOVED by Tremere, seconded by Johnson to deny the request on the grounds that all of the criteria for conditional use permit have not been satisfactorily met, specifically that the increased traffic and including transport truck traffic into this area from Highway 55 will have a negative impact on the character of the area. Council Member Grayson, LeSuer and Mayor Loomis voted no. MOVED by LeSuer, seconded by Grayson and motion carried to approve Ordinance #280, 2nd Series, as amended: List condition 8 as the last condition. Combine Condition 2 and Condition 12 to read as follows: All signage shall meet the requirements of the City's Sign Code. There will be no signs displayed or painted in car windows or from the windows of the building. No flags, balloons or other attention grabbing devices shall be attached to cars. No inflatable advertising balloons are allowed on the site. One flag pole will be permitted Addition of condition (17): T he n ortherly g ate o r a ccess s hall remain c losed except f or deliveries or emergencies Condition 4-0 (9) to read: O my m inor a uto repair s hall b e d one i nside b uilding with t he outside overhead doors closed at all times. Minor auto repairs such as oil changes, alignment, replacement of tires, minor brake work and tune-ups. No major engine replacement or transmission work will be done on site. Regular Meeting of the City Council June 3, 2003 Page 8 Public Hearing - Ordinance #280 - Conditional Use Permit - 800 Lilac Drive North - Continued Condition 44 (12) to read: Any trash container pick ups cannot happen before 7:00 a.m. or after 10:00 p.m. Condition 4-7 (15) to read: All deliveries of automobiles by auto transport trucks to the site shall be from Highway 55 and only during business hours. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - NO LESUER - YES LOOMIS - YES TREMERE - NO Golden Valley Historical Society Grant Mayor Loomis requested the item be continued to the Council/Manager meeting scheduled next week. MOVED by Tremere, seconded by LeSuer and motion carried to continue the item until the Council/Manager meeting of June 10, 2003. On Sale, Off Sale, Sunday Sale, Club and Wine Liquor License Renewals Robert Hernz, Director of Public Safety answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the renewal of the On Sale, Off Sale, Sunday Sale, Club and On Wale Wine and Non - intoxicating Malt liquor licenses unconditionally as listed below. Off Sale: Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits, Golden Valley Liquor Barrel, Inc. d/b/a Liquor Barrel; FTL Corporation d/b/a MGM Liquor Warehouse; RZMP Corp. d/b/a Schuller's Tavern; Adelemor, Inc. d/b/a United Liquors #2; S.G.S. Enterprises, Inc. d/b/a Westview Liquors. On Sale and Sunday Sale: The Samurai, Inc. d/b/a Benihana; Scoreboard Inc., d/b/a J.J.'s Clubhouse (includes fenced patio on South side of building); GMRI Inc. d/b/a Red Lobster #157; RZMP Corporation d/b/a Schuller's Tavern; Cliff Corporation d/b/a Doolittles (includes attached, gated patio on West side of building); Golden Valley Country Club Inc. d/b/a Golden Valley Country Club. Club On Sale and Sunday Sale: American Legion 523 d/b/a Chester Bird American Legion Post and VFW 7051 d/b/a Golden Valley VFW Post 7051. Regular Meeting of the City Council June 3, 2003 Page 9 On Sale, Off Sale, Sunday Sale, Club and Wine Liquor License Renewals Wine On Sale (including strong beer) and Non -Intoxicating Malt Liquor: Ying Chee Chan d/b/a Rasa Sayang (formerly called Chan's Restaurant) and Piazza Ristorante Inc. d/b/a Piazza's Ristorante. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the renewal of the Wine On Sale and Non -intoxicating Malt liquor license for August Moon Restaurant, Inc. d/b/a August Moon Restaurant on the condition that the applicant supply the City with the required Certificate of Liquor Liability coverage or security bond prior to the issuance of the license on June 30, 2003. Announcement of Meetings The next Housing and Redevelopment Authority meeting will be held on June 10, 2003 at 7:00 p.m. The next Council/Manager meeting will be held on June 10, 2003 at 7:30 p.m. A Joint Water Commission Governance Task Force meeting will be held on June 12, 2003 at 7:00 p.m. in the Golden Valley City Hall. The City Council will attend a dialogue with School District 281 Board on Monday, June 16, 2003 at 5:30 p.m. at the Education Service Center The next City Council meeting will be held on Monday, June 16, 2003 at 6:30 p.m. MOVED by LeSuer, seconded by Tremere and motion carried unanimously to change the June 16, 2003 meeting time from 6:30 p.m. to 7:00 p.m. The League of Minnesota Cities Annual Conference will be held from June 18 to June 20, 2003 in St. Cloud. A Bassett Creek Water Management Commission meeting will be held on June 19, 2003 at noon in the Council Conference Room. There will be an Envision Steering Committee meeting on June 19, 2003 at 7:00 p.m. in the Council Conference Room. A Joint Water Commission Governance Task Force meeting will be held on June 24, 2003 at 6:30 p.m. in the Golden Valley City Hall. A City Council Meeting will be held on July 1, 2003 at 6: 30p.m. Regular Meeting of the City Council June 3, 2003 Page 10 Mayor and Council Communications No action and/or discussion took place. Envision Update Mayor Loomis updated the Council on the community envisioning process. Adjournment The Mayor adjourned the meeting at 10:55 p.m. ATTEST: 4NOW, u yAdministrativ ssistant