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10-15-02 CC Minutes unsigned Regular Meeting of the City Council October 15, 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 October 15, 2002 at 6:30 p.m. The following members were present: Johnson, LeSuer, Loomis, and Tremere; and the following was absent: Grayson. Also present were: Jeanne Andre, Assistant to the 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 Jessica Roe Reqardinq Resignation from Environmental Commission MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the letter from Jessica Roe, dated October I, 2002 regarding her resignation from the Environmental Commission and request the Mayor send her a letter of appreciation in recognition for her service to the community. *Letter from Citv of Plymouth Reqardinq Northwest Hennepin Human Services Council Fundinq MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the letter from Laurie Ahrens, Assistant City Manager, dated September 26, 2002 regarding their withdrawal of funding from the Northwest Hennepin Human Services Council. Approval of Minutes: City Council Meetinq - September 3, and September 17, 2002; and Council/Manaqer Meetinq - October 8, 2002 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the minutes of the City Council Meeting of September 3, and September 17, 2002 and the Council/Manager meeting minutes of October 8, 2002 as submitted. Approval of Aqenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the agenda of October 15, 2002 as amended: Mayor and Council Item - Set Budget Workshop Dates. Regular Meeting of the City Council October 15, 2002 Page 2 Approval of Consent Aqenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda indicated by an asterisk, as amended: Removal of Departmental Item - Update on TH 100 Pedestrian Bridge at Bassett Creek Park and Dawnview Terrace. *Approval of Check Reqister 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 general business licenses as recommended by staff. Gamblinq License Exemption and Waiver of Notice Requirement - Church of Good Shepherd MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Church of Good Shepherd. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - September 23, 2002 Human Rights Commission - September 12, 2002 Public Hearinq - Special Assessments Jeannine Clancy introduced the agenda item and answered questions from the Council. Allen Barnard and Don Taylor 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. Roger Colbert, 4125 Beverly Avenue North, feels he is getting ripped off as he has a 40 foot lot, with no driveway and is paying the same amount as those who have a bigger lot and a driveway, stated the curb is curbing is cracked in front of his house and he has a pile of dirt in front of his house. Regular Meeting of the City Councii October 15, 2002 Page 3 Public Hearinq - Special Assessments - Continued The Mayor closed the public hearing. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-70 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 2002 PAVEMENT MANAGEMENT PROGRAM 02-1 MEADOW LANE NORTH AREA (PHASE I, II AND IIIA) 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: Johnson, LeSuer, Loomis and Tremere; and the following was absent: 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. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-71 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 2002 PAVEMENT MANAGEMENT PROGRAM 02-1 MEADOW LANE NORTH AREA (PHASE IIIB) 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: Johnson, LeSuer, Loomis and Tremere; and the following was absent: 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. Public Hearinq - Preliminarv Plat Approval - 8945 23rd Avenue North and 2200 Ensiqn Avenue North Mark Grimes, Director of Planning and Development 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. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council October 15, 2002 Page 4 Public Hearinq - Preliminarv Plat Approval - 8945 23rd Avenue North and 2200 Ensiqn Avenue North - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary plat approval for 8945 23rd Avenue North and 2200 Ensign Avenue North subject to the following conditions: 1. The City Attorney will determine if title review is necessary prior to approval of the final plat and dedication of easements. 2. The sketch titled "Existing and Proposed Property Lines - 8945 23rd Avenue North and 2200 Ensign Avenue North" shall become a part of this approval. (The final plat shall be based on this sketch. 3. The shed located on Lot 9 shall be moved to a conforming location prior to approval of the final plat. Public Item -Appeal of Board of Zonina Appeals Decision - 7105 Duluth Street Linda McCracken Hunt, Chair, Board of Zoning Appeals (BZA), reviewed the discussion and action at the BZA meeting and answered questions from the Council. Steve and Gini Wegleitner, 7105 Duluth Street, reviewed their reasons for requesting the variance and answered questions from the Council. Mark Grimes, Director of Planning and Development 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. Lou Rockman, 130 Jersey Avenue North, glad the Council is addressing the topic of three stall garages; feels they are practical and wonderful that the applicants want to hide their extra recreational vehicle; feels this item should be go before the Building Board of Review before it gets to the Council; feels sad that people have to go through this process when some of the bigger corporations that come into the City don't have to face a process which is so intense for making alternations to their property. The Mayor closed the public hearing. Regular Meeting of the City Council October 15, 2002 Page 5 Public Item - Appeal of Board of Zoninq Appeals Decision - 7105 Duluth Street - Continued MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the variance request for 7105 Duluth Street for a waiver of the side yard setback of 3.2 feet off the required 15 feet to a distance of 11.8 feet at it closest point to the west side yard property line for the proposed garage addition, subject to the condition that the addition will not have a garage door installed in the front. The City Council determined that there is an undue hardship on the following findings: 1) the unique nature of the lot; 2) the need to store the boat out of the neighborhood view; 3) the garage can not be extended to the rear because of the location of the family room; and 4) the preservation of a substantial tree in the front yard requires the variance. MOVED by Tremere, seconded by Johnson and motion carried unanimously to request the Planning Commission to look at the issue of residential side yard setback standards to develop a recommendation to the City Council in consultation with the Board of Zoning Appeals. Continued Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #96 - Central Bank (925 and 955-957 Winnetka Avenue North) Jeanne Andre 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. Brittny Barnes, 8106 Golden Valley Road, stated she did not know the item was going to be continued and asked what the notification requirements are for informing the residents of upcoming issues; feels the notification requirement should be changed to beyond 500 feet; that community input is important to new developments moving into the City; feels the closer the proposal gets to the statutory deadlines the less time there is for community input; concerned about what the neighborhood needs are especially with the addition of the residents with children moving into the rental properties. Alexandra Phoenix, 8116 Golden Valley Road, expressed concern that the members of the townhome community have not been informed of what is going to happen in the area; wants to help facilitate solutions to make the area a good place to live; the ATM machine has effected the area and should have been more thought out before it was installed; and stated she is supporting open dialogue, communication and creative problem solving in working with the residents and businesses in the area. Regular Meeting of the City Council October 15, 2002 Page 6 Continued Public Hearinq - Preliminary Desiqn Plan Approval - PUD #96 - Central Bank (925 and 955-957 Winnetka Avenue North) - Continued Lou Rockman, 130 Jersey Avenue North, stated there are going to be children in the CommonBond development and the park that was expected to be there is not in existence and asked what the children are going to do; is worried about the traffic in the area; if the bank is located with a drive thru she asked that it not be accessible from Winnetka Avenue North. The Mayor closed the public hearing. MOVED by LeSuer, seconded by Johnson and motion carried to continue the public hearing for the preliminary design plan approval, PUD #96, Central Bank until the City Council Meeting on November 4, 2002. Public Hearinq - Second Consideration - Ordinance #272 - Siqn Permits and Requlations and Advertisinq Benches and Approval Summarv of Ordinance for Publication The folfowing ordinance was MOVED by Tremere, seconded by LeSuer for second consideration: ORDINANCE NO. 272, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 4, "Construction, Signs, and Land Reclamation Permits and Regulations" Provisions relating to the amendment of Section 4.20 "Sign Permits and Regulations". and Chapter 6 "Other Business Regulation and Licensing" Provisions Relating to Section 6.42 "Benches - Advertising" and Chapter 11 "Zoning Code" Provisions Relating to Sign Requirements Mark Grimes, Director of Planning and Development introduced the agenda item 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. MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve Ordinance #272, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - ABSENT LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES Regular Meeting of the City Council October 15, 2002 Page 7 Public Hearinq - Second Consideration - Ordinance #272 - Siqn Permits and Requlations and Advertisinq Benches and Approval Summarv of Ordinance for Publication - Continued MOVED by Johnson, seconded by Tremere and motion carried unanimously to approve publication of the summary ordinance. *Waiver of Public Hearinq -2002 Drivewavs Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-72 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2002 CITY STREET IMPROVEMENTS 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: Johnson, LeSuer, Loomis and Tremere; and the following was absent: 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. *Approval of Plat - Wessin Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-73 RESOLUTION FOR APPROVAL OF PLAT - WESSIN ADDITION 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: Johnson, LeSuer, Loomis and Tremere; and the following was absent: 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. Regular Meeting of the City Council October 15, 2002 Page 8 *Approval of Plat - Sunnyridqe Second Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-74 APPROVAL OF PLAT - SUNNYRIDGE SECOND ADDITION 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: Johnson, LeSuer, Loomis and Tremere; and the following was absent: 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. Update on TH 100 Pedestrian Bridqe at Bassett Creek Park and Dawnview Terrace Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the report. Call for Public Hearinq - Ordinance Amendment - Council Extension of Approval for Planned Unit Development Plats, Conditional Use Permits and Variances - 11/4/02 Jeanne Andre introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Johnson, seconded by Tremere and motion carried unanimously to call for a public hearing to consider an ordinance amendment regarding Council extension of approval for planned unit development plats, conditional use permits and variances for November 4, 2002. Announcements of Meetinqs There is an Open House at the Valley Hospital at Hidden Lakes on October 23, 2002 from 2:00 p.m. to 6:30 p.m. A budget workshop will be held on October 29, 2002 at 6:30 p.m. The City Council meeting will be held on Monday, November 4, 2002 at 6:30 p.m. The Housing and Redevelopment Authority meeting is November 12, 2002 at 7:00 p.m. The Council/Manager meeting is November 12, 2002 at 7:30 p.m. The next City Council meeting will be held on November 19, 2002 at 6:30 p.m. Regular Meeting of the City Council October 15, 2002 Page 9 Mavor and Council Communications There will be a State of the County Address on October 21, 2002 at 3:00 p.m. at the Nicollet Island Pavilion. The Metropolitan Council will hold a public hearing on the Blueprint 2030 on October 16, 2002 at various locations. *Proclamation for Election Judqe Appreciation Day MOVED by Johnson, seconded by LeSuer and motion carried unanimously to proclaim November 5, 2002 as Election Judge Appreciation Day. Presentation of Metropolitan Council Blueprint 2030 Frank Hornstein, Metropolitan Council Member, reviewed Blueprint 2030 and answered questions from the Council. Approval of Citv Manaqer Emplovment Aqreement (if available) Mayor Loomis stated the employment agreement is not available for this meeting. The Council will hold a Special City Council meeting on October 22, 2002 at 7:00 p.m. to approve the City Manager Employment Agreement. Set Budqet Workshop Dates The Council decided they would set additional budget workshop dates when the meet at the workshop scheduled on October 29, 2002. Adiournment MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 9:25 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant