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11-05-03 CC MinutesRegular Meeting of the City Council November 5, 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 November 5, 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. Envision Update Mayor Loomis stated that letters are being sent to businesses soliciting facilitators and urging them to conduct Envision -in -a -Box meetings, and Envision -on -Line is ready for people to participate through the internet. The Format Subcommittee will meet at November 11, 2003 at 7:00 p.m. at Brookview; the Communications Subcommittee will be at November 11, 2003 on 4:30 p.m. at City Hall; the Steering Committee will meet on November 30, 2003 at 7:00 p.m. at City Hall and the Youth Subcommittee will meet on December 1, 2003 at 6:00 p.m. at City Hall. Approval of Agenda MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the agenda of November 5, 2003 as submitted. 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 Grayson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for City and Fire Relief Association 2003-2005 Audit Services. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - August 19, 2003 and Council/Manager Meeting - October 14, 2003 MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the City Council Meeting minutes of August 19, 2003 and the Council/Manager meeting of October 14, 2003 as submitted. Regular Meeting of the City Council November 5, 2003 Page 2 *Approval of Check Register MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Minnesota Children's Museum MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Minnesota Children's Museum. *Therapeutic Massage Certificate - Denise Polkey MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the issuance of a Therapeutic Massage Certificate to Denise M. Polkey at Golden Valley Wellness Center until December 31, 2003. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - August 11, 2003 Families Sharing the Dream Committee - September 18, 2003 Board of Zoning Appeals - September 23, 2003 Planning Commission - October 13, 2003 Environmental Commission - August 25, 2003 Building Board of Review - March 17, 2003 Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for City and Fire Relief Association 2003-2005 Audit Services Council Member Grayson wanted an overview of the audit process and costs. MOVED by Grayson, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign Engagement Letters with the firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2003, 2004 and 2005 audits of the City and the Fire Relief Association. Public Hearing - Preliminary Design Plan - 508 Westwood Drive South and 4510 Strawberry Lane Butch Zelinsky, representing the applicant, reviewed the plan and answered questions from the Council. Regular Meeting of the City Council November 5, 2003 Page 3 Public Hearing - Preliminary Design Plan - 508 Westwood Drive South and 4510 Strawberry Lane - Continued Peggy Rasmussen, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development introduced the agenda items 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. Steven Schoenbohm, 4521 Westwood Lane, wanted to know how high the new home would be, stated that his son is sensitive to noise and is concerned about the clearing of the woods and construction noise, wanted to know what the process is for approving the building permit; where would be the appropriate place to express his concerns and wanted to know how the building of this home would effect his property. The Mayor closed the public hearing. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the preliminary design plan for 508 Westwood Drive South and 4510 Strawberry Lane, subject to the following conditions: 1. The preliminary plat of Gannons Addition dated September 25, 2003 and prepared by Schoell and Madson, Inc. shall become a part of this approval. 2. The City Attorney will determine if a title review is needed prior to the approval of the final plat by the City Council. 3. Drainage and utility easements as required by the Subdivision Code shall be shown on the final plat. 4. A slope stability study will be done to determine the precautions that will have to be taken in building a house of the west lot that has a 35 ft. to 40 ft. drop from the northeast to the southwest. 5. The City Engineer will determine that the lot is buildable. 6. The playhouse currently located on the site will be moved so that it will meet the setback requirements for the new lot. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve a variance from the Subdivision Code for the existing house because it does not meet current Zoning Code requirements along the north and south property lines. Regular Meeting of the City Council November 5, 2003 Page 4 Public Hearing - Ordinance #287 - Conditional Use Permit - 4949 Olson Memorial Highway The following ordinance was MOVED by Tremere, seconded by Johnson: ORDINANCE NO. 287, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 03-103 4949 Olson Memorial Highway Health Care Plus, Inc. Applicant Randy Engel, Buetow and Associates, Dr. Alexander Axelrod and David Olshansky, applicants, reviewed the plan and answered questions from the Council. Peggy Rasmussen, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development introduced the agenda items 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 Johnson and motion carried unanimously to approve Ordinance #287, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Public Hearing - Ordinance #288 - Conditional Use Permit - 1200 Mendelssohn Avenue North The following ordinance was MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 288, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No 03-104 1200 Mendelssohn Avenue North Hope For The City, Applicant Brian Woolsey, applicant, reviewed the plan and answered questions from the Council. Peggy Rasmussen, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development introduced the agenda items and answered questions from the Council. Regular Meeting of the City Council November 5, 2003 Page 5 Public Hearing - Ordinance #288 - Conditional Use Permit - 1200 Mendelssohn Avenue North - 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 Tremere, seconded by Grayson and motion carried unanimously to approve Ordinance #288, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Second Consideration - Ordinance #286 - Right -of Way and Advertising Benches The following ordinance was MOVED by LeSuer, seconded by Johnson: ORDINANCE NO. 286, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.20. "Sign Permits and Regulations" and Deleting Section 6.42. "Benches - Advertising" and Incorporating Provisions Relating to Benches, Traffic Calming and Permit Requirements into Sections 7.04 and 7.08 of Chapter 7 "Right -of -Way Management" Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve Ordinance #286, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Request to Study Flood Levels on Sweeney Lake Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Tremere and motion carried unanimously to receive and file the September 19, 2003 letter from the Sweeney Lake Association and direct staff to request the Bassett Creek Water Management Commission study the impacts of removal of the culvert near the Courage Center. Announcement of Meetings The 1-394 Task Force will meet on November 6, 2003 at 7:00 p.m. at the Wayzata Community Center. Regular Meeting of the City Council November 5, 2003 Page 6 Announcement of Meetings - Continued The Joint Water Commission Task Force will meet on November 6, 2003 at Golden Valley City Hall. The next Housing and Redevelopment Authority meeting will be held on November 11, 2003 at 7:00 p.m. The next Council/Manager meeting will be held on November 11, 2003 at 7:30 p.m. The next City Council meeting will be held on November 18, 2003 at 6:30 p.m. The next Bassett Creek Water Management Commission meeting will be held on November 20, 2003 at noon in the Council Conference Room. There will be an Envision Steering Committee meeting on November 20, 2003 at 7:00 p.m. There will be a Joint Planning Commission and City Council meeting on November 24, 2003 at 6:00 p.m. The Truth in Taxation meeting will be held on December 1, 2003 at 7:00 p.m. A City Council meeting will be held on December 2, 2003 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on December 9, 2003 at 7:00 p.m. The next Council/Manager meeting will be held on December 9, 2003 at 7:30 p.m. A Reconvened Truth in Taxation meeting will be held December 9, 2003 at 6:00 p.m., if necessary. Mayor and Council Communications No action and/or discussion took place.