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09-03-02 CC Minutes unsigned Regular Meeting of the City Council September 3, 2002 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 3, 2002 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. *Letter from Lotti Matkovits Reqardinq City Newsletter MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the letter from Lotti Matkovits, dated August 18, 2002 regarding the City Newsletter. *E-mail from Georqianne Spelopoulos Reqardinq PUD #65 MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the e-mail from Georgianne Speliopoulos, dated August 28, 2002 regarding PUD #65. Approval of Minutes: Special Citv Council Meetinq - Julv 15, 2002; Citv Council Meetinq - Julv 16 and Auqust 5, 2002 MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the minutes of the Special City Council meeting for July 15, 2002 and the City Council Meeting for July 16, and August 5, 2002 as submitted. Approval of AQenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the agenda of September 3, 2002 as submitted. Approval of Consent Aqenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the items on the consent agenda indicated by an asterisk, as amended: Removal of Organizational Item - Approval of Check Register; Removal of Mayor and Council Item - Proclamations for Police Officer and Firefighter Appreciation Day. Regular Meeting of the City Council September 3, 2002 Page 2 Approval of Check Reqister Council Member Tremere had questions regarding the LMC payment for the National Pollution Discharge Elimination System. Jeannine Clancy and William Joynes answered questions from the Council. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - July 22, 2002 Planning Commission - August 12, 2002 Environmental Commission - July 22, 2002 Board of Zoning Appeals - July 23, 2002 Families Sharing the Dream - August 22, 2002 Continued Public Hearinq - Preliminary Desiqn Plan Approval -Amendment #1 - PUD #65 - Golden Vallev Center Addition (8224 Olson Memorial Hiqhway) Peter Coyle, Larkin Hoffman, Attorney representing TCF, reviewed the plan and answered questions from the Council. Judy McDonald, TCF Bank Vice President; Mike Kraft, Shea Architects; Bob Green, Alliant Engineering; Joe Finley, Leonard, Street & Dienard, Attorney representing Trach Properties answered questions from the Council. Paula Pentel, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development reviewed the plan and answered questions from the Council. Jeannine Clancy, William Joynes 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. Regular Meeting of the City Council September 3, 2002 Page 3 Continued Public Hearinq - Preliminarv Desiqn Plan Approval -Amendment #1 - PUD #65 - Golden Vallev Center Addition (8224 Olson Memorial Hiqhwav) - Continued Brittny McCarthy Barnes, 8106 Golden Valley Road, appreciated TCF gesture to invite community input and has met with them; expressed her concern over the increase in traffic the proposal will cause; stated the traffic has changed within the year as Saturday mornings seem like rush hour; feels the proposal doesn't fit the vision of the area; suggested the bank move to the vacant Wells Fargo building on Highway 55 and Douglas Drive; asked if they will be open on Sunday; concern over pedestrian use of the area as new residents move into the apartments. Alexandra Phoenix, 8116 Golden Valley Road, doesn't like drive-through in the area; stated the vision of the area is pedestrian friendly; stated she is also advocating for residents who can't be at the meeting, including senior citizens, handicapped users, employees who walk in the area and residents who will be moving into the apartments along Winnetka Avenue North; stated she has a hard time getting out of the development; expressed concern about the loss of trees on the site; asked where the children moving into the area will hang out; feels there is no hurry to develop the site; thinks some thought should be given into what businesses fit in the mixed use community; and wanted to know how businesses decide to move to a city. Lou Rockman, 130 Jersey Avenue North, appalled that this proposal is considered; served as alternate on Area C Task Force which wanted a pedestrian friendly area, Walgreen chose not to move into Area C because no drive through was allowed, volunteered to provide the Council her collection of new urbanism, stated the city paid handsomely to Trach Properties for Winnetka Avenue improvements, suggested restaurant, music, entertainment, retail, as alternate uses for the site and asked what happens if they expand Highway 55. Jean Swanis, 8120 Golden Valley Road, stated when they moved in traffic was not bad, traffic has increased especially since Wells Fargo Bank moved into the area; cars speed along Golden Valley Road; turning from Bassett Creek Boulevard onto Golden Valley Road is very dangerous; from 11:30 until noon she can't make a right turn because there are so many cars, she can only turn left. MOVED by Grayson to continue the public hearing. Motion died due to a lack of a second. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-57 RESOLUTION DENYING THE PRELIMINARY DESIGN PLAN APPLICATION FOR AMENDMENT NO. 1, PLANNED UNIT DEVELOPMENT (PUD) NO. 65, GOLDEN VALLEY SHOPPING CENTER Regular Meeting of the City Council September 3, 2002 Page 4 Continued Public Hearinq - Preliminarv Desiqn Plan Approval -Amendment #1 - PUD #65 - Golden Vallev Center Addition (8224 Olson Memorial Hiqhwav) - Continued The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, LeSuer, Loomis and Tremere; and the following abstained: Grayson; 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 Hearinq - RSL 228 - Natchez Avenue South, Wavzata Boulevard to Douqlas Avenue South Jeannine Clancy presented the project and answered questions from the Council. William Joynes 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. Jim Murray, 1520 Natchez Avenue South, Petitioner, answered questions from the Council. Doug Ford, 1445 Natchez Avenue South, opposed to the lights, feels they will destroy the nature of the neighborhood, stated it is a rural neighborhood with a quiet and dark street, you can see the stars at night, stated the issue has divided the neighborhood, asked what the lights look like, asked why a light that currently exists has to be replaced and objects to paying for the replacement and thinks Xcel should pay for the replacement. Deb Albersman, 1405 Natchez Avenue South, opposed to the light, her children have walked the street and have not had any problems, they now walk their new puppy and is not concerned for their safety, feels there will be negative impact of the look in the neighborhood, other neighborhoods don't have street lights and doesn't feel they should have to have them; feels there is enough light in the street now. Grace Hammond, 1510 Natchez Avenue South, feels there should be more street lights, people walk to work and catch a bus, in the winter it is hard to see people along the road; stated that the bus drivers have not seen riders because it is so dark; feels they shouldn't pay for the replacement of the light that currently exists. Lori Komono, 1505 Natchez Avenue South, opposed to the street light, asked how the light got moved to the end of their driveway, her husband signed the petition just to be neighborly and did not think about the ramifications, the issue has destroyed some of the relationships within the neighborhood; asked how the light will effect her property values; states she walks her dog and has no problem; asked if everyone knows what the light costs will be; doesn't want the light shining in her house; asked if she can circulate a new petition removing the light, and asked if the light could be moved across the street. Regular Meeting of the City Council September 3, 2002 Page 5 Continued Public Hearinq - RSL 228 - Natchez Avenue South, Wavzata Boulevard to Douqlas Avenue South - Continued Carol Ford, 1445 Natchez Avenue South, asked if they were being assessed for the additional cable required when the location was moved. The Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-51 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 228 NATCHEZ AVENUE SOUTH, WAYZATA BOULEVARD TO DOUGLAS AVENUE SOUTH The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, Loomis and Tremere; and the following abstained: LeSuer; 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 Hearinq - Preliminarv Desiqn Plan Approval - PUD #96 - Central Bank (925 and 955-957 Winnetka Avenue North) William Joynes stated the applicant has requested the item be continued until the September 17, 2002 City Council meeting. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Alexandra Phoenix, 8116 Golden Valley Road, stated she will not support any drive- through banks in the community, has concerns about the Common Bond development and how kids will get across the street; feels the drive-though traffic will cause safety issues; and stated she would like to learn more about the proposal. The Mayor closed the public hearing. MOVED by Johnson, seconded by Grayson and motion carried to continue the public hearing for the preliminary design plan approval, PUD #96, Central Bank until the City Council Meeting on September 17, 2002. Council Member Tremere voted no. Regular Meeting of the City Council September 3, 2002 Page 6 Call for Public Hearinq - Ordinance Amendment - Telecommunications Towers, Antennas and Essential Services; Deletion of Open Development Zoninq District and Radio and Television Zoninq District - 10/1/02 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. William Joynes answered questions from the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to call for a public hearing to consider an ordinance amendment regarding the telecommunication towers, antennas and essential services, deletion of the open development zoning district and radio and television zoning district on October 1, 2002. Staff was requested to send the background information submitted to the Planning Commission regarding the ordinance amendment to the Council prior to the public hearing. Call for Public Hearinq - Ordinance Amendment - Siqn Permits and Requlations and Advertisinq Benches - 10/1/02 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. William Joynes answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to call for a public hearing to consider an ordinance amendment regarding sign permits and regulations and advertising benches on October 1, 2002. Staff was requested to send the background information submitted to the Planning Commission regarding the ordinance amendment to the Council prior to the public hearing. *Quotes - Tractor MOVED by LeSuer, seconded by Johnson and motion carried unanimously to purchase a utility tractor/loader with attachments through the MnDOT Purchasing Division from John Deere company for $28,417.66. Announcements of Meetinqs The next Housing and Redevelopment Authority meeting is Monday, September 9, 2002 at 7:00 p.m. The next Council/Manager meeting is Monday, September 9, 2002 at 7:30 p.m. The Human Services Foundation Golf Tournament will be held on September 13, 2002 beginning at 9:00 a.m. at the Brookview Golf Course. Regular Meeting of the City Council September 3, 2002 � Page 7 Announcements of Meetinqs The City Council meeting will be held on September 17, 2002 at 6:30 p.m. A City Council meeting will be held on October 1, 2002 at 6:30 p.m. Primary Election Day is September 10, 2002 Mavor and Council Communications Mayor Loomis reviewed the letter she received from the Minnesota Transportation Alliance regarding the League of Minnesota Cities correspondence regarding membership in the Minnesota Transportation Alliance; and stated a copy will be distributed to the Council. Proclamations for Police Officer and Firefiqhter Appreciation Dav Council Member Johnson requested the Mayor read the proclamations. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the proclamation for Police Officer and Firefighter Appreciation Day. West Nile Virus Update - Mosquito Control District Jim Stark, Public Affairs Coordinator, Metropolitan Mosquito Control District, updated the Council on the West Nile Virus activities in the area and answered questions from the Council. Presentation of Certificates of Appointment Mayor Loomis presented a Certificate of Appointment, mug, city pen, pencil and pin to Marshall Tanick, Civil Service Commissioner. Alexandra Phoenix, Human Rights Commission; Sara Peterson, Environmental Commission; Steven Johnson, Building Board of Review and Tom Kuelbs, Open Space and Recreation Commission; were unable to attend the meeting and their Certificates will be mailed. Planninq Commission Appointment and Reappointments Mayor Loomis introduced the agenda item. MOVED by LeSuer and seconded by Grayson and motion carried unanimously appoint Don Keysser; and reappoint Paula Pentel and Les Eck to the Planning Commission for a three year term which expires March 1, 2005. Regular Meeting of the City Council September 3, 2002 Page 8 Set Date for Council Workshop - City Manaqer Candidate Selection Mayor Loomis introduced the agenda item. The Council set September 18, 2002 at 6:30 p.m. as the date to meet with Harry Brull, PDI, to review the candidate profiles and discuss possible salary and employee contracts. The Council also set September 24, 2002 as a possible date to conduct second interviews with the candidates. Adiournment MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 11:08 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant