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10-05-93 CC Minutes unsigned Regular Pleeting of the City Council October 5, 1993 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 5, 1993 at 6:30 PM. The following members were present: Bakken, Johnson, Russell , Stockman and Thompson. Also present were: Jeanne Andre, Acting City Manager; Fred Salsbury, Director of Public Works ; Al1en Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meeting - August 3, 1993 P-10VED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the City Council P�leeting minutes of August 3, 1993 as submitted. Approval of Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the agenda of October 5, 1993 as amended: Addition of Communications and Petitions - Letter from Bruce Woodring Regarding Golden Valley Road and Burlington Overpass, and Letter from Roger Fredsall Regarding Deer; and Departmental Item - Call for Public Hearing - Handicapped Parking Restriction - 2000 ��lary Hills Drive - 10/19/93. Approval of Consent Agenda MOVEO by Johnson, seconded by Russell and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding Communications and Petitions - Letter from Bruce Woodring Regarding Golden Valley Road and Burlington Overpass, and Letter from Roger Fredsall Regarding Deer; and Departmental Item - Call for Public Hearing - Handicapped Parking Restriction - 2000 Mary Hills Drive - IO/19/93. *Bills and Claims MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize payment of the bills as submitted. *Licenses P40VED by Johnson, seconded by Russell and motion carried unanimously to authorize the issuance of licenses #14866 - #14871 and #6517. On Sale and Sunda Sale Li uor License - MGM Associates, Inc. d/b/a Rem 's ig tc u an emy s merican ri Dean Mooney, Director of Public Safety, introduced the agenda item. Terry Maglich , Applicant ; and John Mills, Project General Manager; reviewed the plans for the restaurant, nightclub, parking lot plans and answered questions from the Council . Regular h1eeting of the City Council October 5, 1993 Page 2 On Sale and Sunda Sale Liquor License - ��1GM Associates, Inc. d/b/a Remy's Nig tc u ana emy s merican �riT�ntinued The P�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Harry Shapiro, 5231 Circle Down, asked if the land was a non-conforming use, what changes were being proposed, wants an environmental impact statement done, and is concerned over parking and traffic. Christina Brown, 5011 Circle Down, feels they should of been given more notice from Remy's about the neighborhood meeting, concerned about increase in traffic, and parking, feels a stop sign should be installed at the top of the street. Sarah Shapiro, 5231 Circle Down, concerned over last minute notice received, and not hearing what is happening fn the neighborhood, concern over no resale of properties in neighborhood because no one wants to live by a nightclub. David Messick, GV Good Samaritan Center, 5411 Circle Down, is concerned over access for emergency vehicles get to the center, and keeping the access open. John Bergland, MN License Beverage Association, feels the license should be approved, feels the owners have integrity and have been supportive of liquor awareness programs and training of their staff. John Silbaugh, 5101 Circle Down, wanted to know who owns the shopping center, and feels they should be more responsive to the neighborhood, and work with them. Bernadine Fox, 5211 Circle Down, wanted clarification of the parking situation, and asked questions about the arrangements for removal and dumping of the trash. Dr. Frank Gaertner, Shopping Center Owner, reviewed the proposed plans for the shopping center, and improvements for parking; and reviewed previous efforts to help alleviate the parking situation. The Mayor closed the public hearing. Mark Grimes, Director of Planning and Development answered questions regarding the status of the pet clinic, environmental impact study, and parking restrictions. Allen Barnard reviewed the options the Council has in considering the license and explained non-conforming useage. ��OVED by Stockman, seconded by Thompson and motion carried unanimously to approve the on sale and Sunday sale liquor license for M.G.M. Associates , Inc. d/b/a Remy's Nightclub and American Grill with the stipulation the Council may reconsider approval of the license pending any information from the criminal history checks on the principals of the corporation. The Council suggested staff review traffic surveys in three, six and twelve months and monitor any trespassing from businesses into the neighborhood. They also suggested the Remy's owner, manager and neighbors meet in about six months to see how things are going. Regular t�1eeting of the City Council October 5, 1993 Page 3 *Peddler's License - Edward D. Jones MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the peddler's license for Edward D. Jones. *Peddler's License - Noble School PTA MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the peddler's license for Noble School PTA. *Gambling Premises Permit Application - VFW Post 7051 P�ember Johnson introduced the following resolution and moved its adoption: RESOLUTION 93-78 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREP�ISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (GOLDEN VALLEY UFW POST 7051) The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Qakken, Johnson, Russell , Stockman and Thompson ; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Gambling License Exemption - Good Shepherd Church MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the gambling license exemption for Good Shepherd Church. *Minutes of Boards and Commissions P�OVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - September 9, 1993 Board of Zoning Appeals - September 14, 1993 Informal Public Hearing - Deer t�lanagement Options Mark Grimes, Director of Planning and Development, introduced the agenda item. Jon Parker, Area Wildlife Manager for the Minnesota Department of NaturaT Resources, reviewed various deer management options and answered questions from the Council and public. The P1ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mark Hendrickson, 4945 Winsdale Street, opposed to the killing of deer, feels the Council should continue the current policy but increase public education and provide more information, and he would like to be the first to volunteer to serve on a deer task force, which would include residents, that would recommend a deer management plan. Regular P1eeting of the City Council October 5, 1993 Page 4 Informal Public Hearing - Deer P1anagement Options - Continued Linda Hatfield, 4901 2nd Avenue South, Friends of Animals and Their Einvornment, supports the idea of a deer task force, reviewed methods of deer control and presented the City with background information on deer control methods. Susan Fredsall , 4521 Strawberry Lane, stated that deer management plans from other cities don 't respond to plant and landscape damage caused by deer, the deer don't know they are doing anything wrong, and we should learn to live with the wildlife. Nancy Whitney, 4520 Strawberry Lane, supports idea of a deer task force, feels the population in her area is declining. Jerry Thrall , 146 Meander Road, stated he has tried numerous ways to prevent the deer from damaging his property, and feels the city should help him protect his property. Karen Tirandazi , 8425 Wesley Drive, she enjoys having the deer in her backyard and doesn 't want any inhumane action taken against the deer. The ��ayor closed the public hearing. MOVED by Thompson, seconded by Johnson and motion carried unanimously to direct staff to prepare a charge for the Open Space and Recreation Commission to examine existing ordinances regarding property damage and nusiances, and recommend steps in a deer management plan including a general description of what a nuisance is, and report back at the October 19, 1993 Council Meeting. Letter from Wilkins Pontiac Regarding Parking Restrictions on Wayzata Boulevard Jeanne Andre introduced the agenda item. MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the letter from C. Harvey Wilkins, President, dated August 11, 1993 and inform him the Council will not proceed with his request to reconsider the parking restrictions on Wayzata Boulevard. *Letter from Bruce Woodring Regarding Golden Valley Road and Burlington Overpass MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the letter from Bruce Woodring, dated September 5, 1993, regarding Golden Valley Road and the Burlington Overpass, and consider it along with the staff report on sidewalks, signage and street lights on Golden Valley Road, between Highway 100 and Douglas Drive. *Letter from Roger Fredsall Regarding Deer MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the letter from Roger Fredsall , dated October 4, 1993 regarding deer. Regular t�1eeting of the City Council October 5, 1993 Page 5 Authorization to �Si n Joint Powers A reement with City of St. Louis Park for Dave & uster s in f�inneapo�is l est usiness enter Jeanne Andre, and Allen Barnard reviewed the agreement and answered questions from the Council . MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the �4ayor and City Manager to execute the joint powers agreement upon occurance of two conditions: 1) that both the City of St. Louis Park and MEPC enter into the agreement as approved by the City of Golden Valley, and 2) the property is rezoned to conform to the joint powers agreement by the Golden Valley Council following appropriate notice and hearings under state law. Staff Re ort - Sidewalks, Signage and Street Lights on Golden Valley Road Between l�i g way an oug aT s�ri ve Fred Salsbury reviewed the staff report. Nancy Nord Bence, 5845 Golden Valley Road, had questions regarding the temporary placement of the sidewalk, if it would be raised, if there would be a grass border so drivers would know it was not an extension of the street, the new MTC bus route, and the speed of the busses, and what the long-term plans for the roadway would entail . Connie 0'Brien, 5805 Golden Valley Road, suggested that truck traffic be routed out of the area from Zane Avenue to T.H. 55. MOVED by Stockman, seconded by Russell and motion carried unanimously to direct staff to prepare a feasibility study to undertake permanent reconstruction of Golden Valley Road, from Douglas Drive to T.H. 100 and report back in April , 1994. MOVED by Thompson, seconded by Johnson and motion carried unanimously to install a temporary asphalt walkway on Golden Valley Road, from Douglas Drive to T.H. 100. Staff will hold an informational meeting with the adjacent property owners before the construction begins. *Authorizati�on to �Si n A reement with the Soo Line Railroad Com any for Storm �ewer rossing�- 0�� - aure venue and ersey venue out P10VED by Johnson, seconded by Russell and motion carried unanimously to authorize the ��layor and City Manager to sign the agreement with the Soo Line Railroad Company to allow the installation of a pipeline underneath the track for the storm sewer project, 90 SS 5, located at Laurel Avenue and Jersey Avenue South. *Authorization to Sign Agreement with Metropolitan Transit Commission (MTC) for ��top 3i gnage MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize the Mayor and City Manager to sign the interagency agreement with the Metropolitan Transit Commission for the installation of new bus stop signage with reimbursement for all expenses incurred. Regular ��eeting of the City Council October 5, 1993 Page 6 *Call for Public Hearin - Handica ed Parkin Restriction - 2000 P�ar Hills Dr�ve - i0 9 9 ��OVED by Johnson, seconded by Russell and motion carried unanimously to call for a public hearing to consider restricting a parking space on the east side of Mary Hi.11s Drive adjacent to Golden Valley right-of-way for handicapped only for October 19, 1993. Announcements of Meetings The General P�ills/Habitat for Humanity dedication for the house at 1821 Xerxes Avenue North will take place on Saturday, October 16, 1993 at 1:00 PM at the site. There will be a ribbon cutting ceremony to celebrate a new bus route in Brooklyn Center. The ceremony will be held on this Saturday, October 9, 1993 at 9:00 AP4 at the Brookdale Mall Bus Stop (near Sears) . f�ayor's Communications No action taken. *Proclamation for Turn Off the Violence Day MOVED by Johnson, seconded by Russell and motion carried unanimously to proclaim October 14, 1993 as Turn Off the Uiolence Day in Golden Valley. *Proclamation for Manufacturers ' Week MOVED by Johnson, seconded by Russell and motion carried unanimously to proclaim October 18-22, 1993 as Manufacturers ' Week in Golden Valley. Adjournment MOVED by Thompson, seconded by Russell and motion carried unanimously to adjourn the meeting at 10:10 PM. arry . a en, � ayor ATTEST: u y a y, min�strative ecretary