Loading...
09-02-03 CC MinutesRegular Meeting of the City Council September 2, 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 September 2, 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. Human Services Foundation Tournament Council Member Johnson stated the Human Services Foundation Golf Classic will be held on September 12, 2003, beginning at 9:00 a.m., at the Brookview Golf Course and encouraged golfers and non -golfers to participate. Envision Presentation - Discussion of Envision Theme Al Eklof, Chair of the Theme Subcommittee, reviewed the Theme Subcommittee report and answered questions from the Council. Approval of Agenda MOVED by Grayson, seconded by LeSuer and motion carried unanimously to approve the agenda of September 2, 2003 as amended: Human Services Foundation Tournament. Citizen Input Mayor Loomis introduced the agenda item. Nancy Azzam, First Vice President, Golden Valley League of Women Voters (LWV), stated that there is an ad valorem tax being considered by the Bassett Creek Water Management Commission (BCWMC); the LWV has been attempting to observe the BCWMC meetings for several years; believes it is very difficult for residents to attend these meetings because they are held from noon until 2 during the weekday. Recently the BCWMC voted (6 to 3) to fund its second generation with an ad valorum tax. This means that water quality improvements projects. throughout the watershed will be paid for by a tax on the value of individual properties. Robbinsdale, Plymouth and Golden Valley voted against the tax; even though these three cities represent 75% of the tax capacity. What concerns the LWV is the Commissioners who voted for this tax are not elected officials and one doesn't even live in the watershed. Although many of the projects are worthy, they believe taxation without representation is a questionable way to pay for them. The attorney for the BCWMC has already lobbied the Hennepin County Board in favor of this levy with little or no public input and suggested residents call County Commissioner Mark Stenglein and express their opinion about the process. The Mayor continued the meeting. Regular Meeting of the City Council September 2, 2003 Page 2 Approval of Consent Agenda MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Minutes of Boards and Commissions Board of Zoning Appeals - July 22, 2003 and Open Space and Recreation Commission - July 28, 2003; Authorization to Sign Contract with Barr Engineering Company for Bassett Creek Flood Proofing; and Appointment of Citizen Member to 1-394 Express Lanes Community Task Force. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - July 1, 2003 MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the City Council Meeting minutes of July 1, 2003 as submitted. *Approval of Check Register MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. *Minutes of Boards and Commissions MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Human Services Foundation - June 9 and July 14, 2003 Environmental Commission - July 28, 2003 Minutes of Boards and Commissions - Board of Zoning Appeals - July 22, 2003 Council Member Tremere wanted to know if the original deck work that was done without a permit can be accounted for in a subsequent permit for the property located at 6005 Duluth Lane and suggested if someone is applying for a variance for a fraction of a foot you should be able to round -up. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the Board of Zoning Appeals dated July 22, 2003 Minutes of Boards and Commissions - Open Space and Recreation Commission - July 28, 2003 Council Member Tremere commented on the declining membership of city residents in the Brookview Men's Golf Association and suggested the Council should monitor the operation as it is an Enterprise Fund. Regular Meeting of the City Council September 2, 2003 Page 3 Minutes of Boards and Commissions - Open Space and Recreation Commission - July 28, 2003 - Continued MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file Open Space and Recreation Commission minutes dated July 28, 2003. Authorization to Sign Contract with Barr Engineering Company for Bassett Creek Flood Proofing Project Council Member Grayson requested staff provide the background on this agenda item. Jeannine Clancy answered questions from the Council. MOVED by Grayson, seconded by Johnson and motion carried unanimously to authorize signing a contract with Barr Engineering Company for the Bassett Creek Flood Proofing Project. Appointment of Citizen Member to 1-394 Express Lane Community Task Force Council Member Johnson announced the appointment of Council member Tremere as a Council Member appointment and Peter Knaeble as the Citizen Member to the Task Force. MOVED by Johnson, seconded by Grayson and motion carried unanimously to appoint Peter Knaeble as the citizen member to represent the City of Golden Valley on the Minnesota Department of Transportation 1-394 Express Lane Community Task Force. Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #66 - Jim Lupient Oldsmobile Company Paul Lyver, Jim Lupient Oldsmobile, reviewed the plan and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the preliminary design plan for Amendment No. 2, PUD #66, Jim Lupient Oldsmobile, subject to the following conditions: 1. The Preliminary PUD Plans for Lupient Infiniti Addition prepared by RLK and dated 7/11/03 shall become a part of this approval. Regular Meeting of the City Council September 2, 2003 Page 4 Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #66 - Jim Lupient Oldsmobile Company - Continued 2. If the property north of the Benihana Restaurant is no longer available for employee parking, the number of display or inventory parking shall be reduced to provide for adequate employee parking on-site. All parking (display, customer, inventory and employee) shall be in designated spaces as shown on plans submitted by RLK for Lupient Infiniti dated September 1, 2003. 3. A revised landscape plan shall be submitted prior to approval of the General Plan of Development. The landscape plan shall show all landscaping around the Infiniti building. 4. There shall be no signs on any vehicle on display other than the sign required by state law. No signs shall be painted on the window or surface of any vehicle. No balloons or other inflatable shall be attached to vehicles or buildings. 5. Cars shall be parked on paved surfaces only, not in landscaped setback areas. 6. All outside storage shall be properly screened. 7. Garbage dumpsters shall be properly screened. 8. The three buildings shall be for auto sales and auto service. Uses other than those specified above would require an amendment to PUD No. 66. 9. The building plans shall be reviewed by the Building Board of Review prior to issuance of any building permits. 10. The main parking lot lighting shall be turned down to security level lighting between the hours of 10:00 p.m. and 6:00 a.m. 11. All signs must meet the requirements of the City's sign ordinance prior to the construction of the Infiniti building. 12. There shall be no exterior public address system for any of the uses on the site. 13. The hours of operation shall be 7:00 a.m. to 10:00 p.m., Monday through Thursday, 7:00 a.m. to 6:00 p.m., Friday and 8:00 a.m. to 6:00 p.m. on Saturday. 14. There shall be a new site plan submitted showing the designated parking spaces. 15. All conditions of the existing PUD Permit and the ones listed above shall be met prior to the acceptance of the general plan application submittal for the proposed Infiniti addition. Public Hearing - Preliminary Design Plan Approval - Amendment #4 - PUD #46 - Calvary Lutheran Church Thomas Burt announced that this item is being continued to the September 16, 2003 City Council Meeting. 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 September 2, 2003 Page 5 Public Hearing Preliminary Design Plan Approval - Amendment #4 - PUD #46 - Calvary Lutheran Church - Continued MOVED by Tremere, seconded by Johnson and motion carried unanimously to continue the public hearing for consideration of the preliminary design plan for Amendment #4, PUD #46, Calvary Lutheran Church until the September 16, 2003 City Council meeting. Public Hearing - Ordinance #283 - Accessory Sales and/or Retail Services in Light Industrial and Industrial Zoning District The following ordinance was MOVED by Johnson, seconded by LeSuer: ORDINANCE NO. 283, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11 Allowing Accessory Retail Sales and/or Services Incidental to a Permitted Use as a Conditional Use in the Light Industrial and Industrial Zoning Districts Mark Grimes, Director of Planning and Development introduced the agenda items 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. John Giese, 5545 Golden Valley Road, feels mixing uses on the site could open up new problems, feels the issue should be looked at closer and it could become a public safety issue. Gary Gandrud, Faegre & Benson, representing Hope For The City, spoke in favor of the ordinance, doesn't think the experience in other cities with these uses are rampant and doesn't want this good cause to suffer from fear of the unknown. The Mayor closed the public hearing. MOVED by Johnson, seconded by Tremere and motion carried unanimously to approve Ordinance #283, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS -YES TREMERE - YES Authorization to Sign Agreement with City of St. Louis Park to Participate in Preliminary Feasibility Study for Consolidation of Public Safety Dispatching Services Bob Hernz, Director of Public Safety, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council September 2, 2003 Page 6 Authorization to Sign Agreement with City of St. Louis Park to Participate in Preliminary Feasibility Study for Consolidation of Public Safety Dispatching Services - Continued Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 03-34 RESOLUTION AUTHORIZING PARTICIPATION IN PRELIMINARY FEASIBILITY STUDY FOR THE CONSOLIDATION OF PUBLIC SAFETY DISPATCHING SERVICES The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer, Loomis 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. Set Date for Public Hearings - 2004 Proposed Budget and Property Tax Lew Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to set December 1, 2003 at 7:00 p.m. as the date for the initial public hearing for the formal Truth in Taxation public hearing and set December 9, 2003 at 6:30 p.m. as the date for the continuation public hearing (if needed). Authorization to Sign Street Lighting Contract with Xcel Energy - 2003 Pavement Management Program Council Member LeSuer removed himself from the discussion and action on this item stating a potential conflict of interest. Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Grayson and motion carried to authorize street lighting contract with Xcel Energy in the amount of $20,595 for 2003 Pavement Management Program. Council Member LeSuer abstained. MOVED by Grayson, seconded by Tremere and motion carried to direct staff to discuss the City's Street Lighting Policy at a future Council/Manager meeting. Regular Meeting of the City Council September 2, 2003 Page 7 Announcement of Meetings The next Housing and Redevelopment Authority meeting will be held on September 9, 2003 at 7:00 p.m. The Council/Manager meeting will be held on September 9, 2003 at 7:30 p.m. The Human Services Foundation Golf Classic will be held on September 12, 2003, beginning at 9:00 a.m., at the Brookview Golf Course. The next City Council meeting will be held on September 16, 2003 at 6:30 p.m. The next Bassett Creek Water Management Commission meeting will be held on September 18, 2003 at noon in the Council Conference Room. The Board/Commission Recognition Dinner will be held on September 24, 2003 at 6:30 p.m. A City Council meeting will be held on September 16, 2003 at 6:30 p.m. The 1-394 Express Lane Community Task Force meeting will be held on September 18, 2003 at 6:00 p.m. at Golden Valley City Hall. A Housing and Redevelopment Authority meeting will be held on October 14, 2003 at 7:00 p.m. A Council/Manager meeting will be held on October 14, 2003 at 7:30 p.m. There will be an Envision Format Subcommittee on September 4, 2003 at 7:00 p.m. There will be an Envision Communications Subcommittee on September 9, 2003 at 4:30 p.m. There will be an Envision Theme Subcommittee on September 9, 2003 at 7:00 p.m. There will be an Envision Facilities Subcommittee on September 11, 2003 There will be an Envision Steering Committee on September 18, 2003 at 7:00 p.m. Mayor and Council Communications Staff was requested to notify the Council of the date for the Sheriff Site neighborhood meeting. Regular Meeting of the City Council September 2, 2003 Page 8 Adjournment The Mayor adjourned the meeting at 9:13 p.m. FH70"IWW'WONIM64 Linda R. Loomis,Mayor ATTEST: