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01-18-94 CC Minutes Regular Meeting of the City Council January 18, 1994 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Ualley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 18, 1994 at 6:30 PM. The following members were present: Johnson, Micks, Russell , Thompson and Tremere. Also present were: William Joynes, City P�anager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meeting - November 9, November 16, December 7, December 20, 1993 and January 4, 1994; Canvassing Board Meeting - November 3, 1993; Executive Session Statement - December 7, 1993; Special Meeting - December 15, 1993; and Council/Manager Meeting - November 9, 1993 MOVED by Johnson, seconded by Thompson and motion carried to receive and file the City Council Minutes of November 9, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Thompson, seconded by Russell and motion carried to receive and file the City Council Minutes of November 16, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Johnson, seconded by Russell and motion carried to receive and file the City Council Minutes of December 7, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Thompson, seconded by Russell and motion carried to receive and file the City Council Minutes of December 20, 1993 as submitted. Council Member Micks and Mayor Tre�ere abstained. MOVED by Russell , seconded by Johnson and motion carried unanimously to receive and file the City Council Minutes of January 4, 1994 as submitted. MOVED by Thompson, seconded by Johnson and motion carried to receive and file the Canvassing Board Meeting Minutes of November 3, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Johnson, seconded by Russell and motion carried to receive and file the Executive Session Statement of December 7, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Thompson, seconded by Johnson and motion carried to receive and file the Special City Council Minutes of December 15, 1993 as submitted. Council Member Micks and Mayor Tremere abstained. MOVED by Russell , seconded by Johnson and motion carried to receive and file the Council/Manager Minutes of November 9, 1993 as submitted. Council P�ember Micks and Mayor Tremere abstained. The Council requested the meeting minutes be submitted for approval within one month of the meeting date. Regular Meeting of the City Council January 18, 1994 Page 2 Approval of Agenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the agenda of January 18, 1994 as amended, addition of Mayor and Council Item - Winnetka Avenue. Approval of Consent Agenda MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), removing Organiza- tional Item - Bassett Creek Water P�anagement Commission Minutes - September 2, and October 21, 1993. *Bills and Claims MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #14912 and #6530. *Gambling Premises Permit Application - Animal Humane Society of Hennepin County Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 94-2 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (ANIMAL HUMANE SOCIETY OF HENNEPIN COUNTY) 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, Micks, Russell , Thompson and Tremere; 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. *Minutes of Boards and Commissions MOVED by Thompso�i, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Golden Valley Foundation - January 19, 1994 Planning Commission - January 10, 1994 Regular Meeting of the City Council January 18, 1994 Page 3 Bassett Creek Water Management Commission P�inutes - September 2, and October 21, 1993 William Joynes and Fred Salsubry answered questions from the Council regarding information contained in the Commission minutes pertaining to advertisement for vacancies, wetland mitigation and storage on various sites, and Highway 100 Committee. MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the Bassett Creek Water Management Commission Minutes of September 2, and October 21, 1993. *Call for Public Hearin - Preliminar Plat A roval - Southwest Quadrant of Glenwood Avenue and King Hill Road - 2/15 94 MOVED by Thompson, seconded by Russell and motion carried unanimously to call a public hearing to consider approval of the preliminary plat for Queens Ransom, located at the southwest quadrant of Glenwood Avenue and King Hill Road, for February 15, 1994. Continued Public Hearing - First Consideration - Ordinance #108 - Conditional Use Permit - 1114 Zane Avenue North The following ordinance was MOVED by Johnson, seconded by Russell : ORDINANCE #108, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 94-62 1114 Zane Avenue North Schumacher Wholesale Meats, Inc. , Applicant Mark Grimes, Director of Planning and Development, presented the staff report and was available to answer questions. Paula Pentel , Planning Commissioner, stated the Commission recommended approval of the permit and reviewed the conditions. John Schumacher, applicant, reviewed his proposed plans to package and process food and was available to answer questions. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dean Knutson, 1109 Welcome Circle, representing the Lindsay Addition, distributed a list containing six reasons why they feel the request should be denied, such as a 25 year precedent set for no odor as defined by the original land covenants, no city ordinance, concern over no benchmark standard for acceptable odor levels, no method to monitor against the standard, what is the remedy if odors occur, previous history for outside storage and truck noise, property values jeopardized, concern for effectiveness of proposed odor control system, and wants demonstrated proof it works, and feels it would lower the standards for the city. Regular Meeting of the City Council January 18, 1994 Page 4 Continued Public Hearing - First Consideration - Ordinance #108 - Conditional Use Permit - 1114 Zane Avenue North - Continued Charlie Lazer, 5620 Phoenix Street, opposed, stated that before the applicant moved to the facility he told the neighborhood he would not be processing food at the site and feels there is no necessity for the permit. Jerry Savage, 1132 Welcome Circle, would like the City to enact an odor ordinance because if the permit is approved and the odor becomes a problem it would be easier to approach the City to stop the odor than any other agency. Joe 0'Shaughnessy, 1315 Welcome Avenue, he is 100� oppossed, feels the odor control is on a trial and error basis, asked if a problem does arise how long would it take to correct after the first complaint, and what happens on the weekend if the equipment breaks down. John Richter, property owner 5905 Golden Valley Road, stated he selected to build his businesses in Golden Valley because he felt they had better planning, liked the tax base and building restrictions; feels that businesses need to keep modernizing and growing to survive, the neighborhood and businesss should try to work out their concerns together. Denise Rupp, 1106 Welcome Circle, opposed, is concerned that if in the future she wants to sell her home an odor problem will devalue her property, feels they have no assurances the filters are going to work and no standards or process in place to handle the problem if the odor occurs. Jeff Carlson, 1105 Welcome Circle, opposed, stated when the wind blows the smells end up in his yard, and feels it will downgrade the neighborhood. Diane Nelson, 5600 Phoenix Street, opposed, moved into the area because of the big lots, quiet neighborhood and no smells, stated she is very sensitive to smells, and there are alot of people who are home during the day that would be effected by the smells, retired people, day care providers and those who work differing shifts. Jakki Friedemann, 1121 Welcome Circle, opposed, feels the neighborhood should not be subjected to odors again. Peter Bartholome, 1106 Welcome Circle, opposed, feels the Council should not open a Pandora 's box, if approved feels an amendment should be added to provide for a specific next step in dealing with an odor problem and a specific time should be set to revisit the issue. The Mayor closed the public hearing. Allen Barnard reviewed the procedure and factors the Council should consider when considering the item and was available to answer questions. Regular Meeting of the City Council January 18, 1994 Page 5 Continued Public Hearing - First Consideration - Ordinance #108 - Conditional Use Permit - 1114 Zane Avenue North - Continued MOVED by Johnson, seconded by Russell and motion failed to adopt Ordinance #108, 2nd Series, with an amendment to the last sentence of condition 5 as follows: " The applicant to supply proof of the saturation levels of replaced filters and the City reserves the right to evaluate the data." Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - NO RUSSELL - YES THOMPSON - NO TREMERE - YES Council Members Micks and Thompson, having cast the negative votes on the motion to adopt Ordinace #108, 2nd Series, stated their findings of fact and conclusions to support their votes. Their findings and conclusions are as follows: the lack of a buffer between the residential and light industrial zoning districts; the lack of an odor ordinance in the City Code which would permit the City to regulate noxious odors emitting from the applicant's facility; the detriment to the general public health, safety, and welfare of the City caused by the noxious odors which may emanate from the applicant's facility; the lack of consistency with the comprehensive plan in that a buffer zone between residential and light industrial zoning district is not provided as provided in other areas of the City. Public Hearing - RSL 194 - Lee Avenue North, Cross Lane to 34th Avenue North Fred Salsbury presented the project, and stated he had received calls from Betty Hendrickson, 3331 Lee Avenue North, who is opposed, and Anne DePompolo, 4501 34th Avenue North, who is in favor of the project. The Playor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Kelly Badertscher, 3320 Lee Avenue North, petitioner, feels safety is her primary concern and reason for wanting the installation of lights; and feels they would deter crime. Lisa Lindesmith, 3344 Lee Avenue North, opposed, doesn 't think the cost is worth the benefit, feels people should use their yard lights, and feels the crime rate in their area is low. Ann DePompolo, 4501 34th Avenue North, in favor, feels the lights will help as the neighborhood is changing and younger families with children are moving in, there are no sidewalks and children ride their bikes in the street to the park and she is concerned over their safety; and it may stop some of the hot rodder's who drive down the block. The Mayor closed the public hearing. Regular Meeting of the City Council January 18, 1994 Page 6 Public Hearinq - RSL 194 - Lee Avenue North, Cross Lane to 34th Avenue North - Continued Member Johnson moved for denial of the foregoing resolution: RESOLUTION 94-3 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 194 LEE AVENUE NORTH, CROSS LANE TO 34TH AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly defeated, signed by the Mayor and his signature attested by the City Clerk. Public Hearing - RSL 206 - Hillsboro Avenue at Earl Street and Duluth Street Fred Salsbury presented the project. . The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mike Stewerd, 1915 Hillsboro Avenue North, in favor, concerned over crime. Mary Knutson, 1915 Hillsboro Avenue North, in favor, also concerned over crime in the area. The t�ayor closed the public hearing. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 94-4 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 206 HILLSBORO AVENUE AT EARL STREET AND DULUTH STREET 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: Johnso�, Micks, Russell , Thompson and Tremere; 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. Regular Meeting of the City Council January 18, 1994 Page 7 Petition Regarding Geese at Golf Course William Joynes introduced the agenda item. Bill Luksan, 7515 Knoll Street, stated the problem created by goose droppings has gotten so bad they will not play the course unless it is solved, and spoke with a number of groups that stated the only way to control the geese is a controlled shoot. Roger Hackbart, 2525 Decatur Avenue North, stated he feels the course in in excellent shape but the goose problem is destroying the course. The Council referred the petition to staff, requesting they prepare a recommen- dation for a stronger measure to control the geese and report back to the Council within 30 days. *Letter from Homeowners of the Lindsa Addition Nei hborhood Re ardin Conditional Use Permit for 1114 Zane Avenue North MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the letter from the homeowners of the Lindsay Addition Neighborhood, received January 12, 1994. Staff Report - Traffic Concerns, Lilac Drive near The Sprin Gate Shoppin Center William Joynes introduced the agenda item. MOVED by Micks, seconded by Johnson and motion carried unanimously to approve the installation of larger stop signs on both sides of the driveway and installation of a cross traffic does not stop or similar type sign. *Appropriation Adjustment to 1994 General Fund Bud et for Residents ' Guide Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 94-5 RESOLUTION AUTHORIZING AN APPROPRIATION ADJUSTMENT TO THE 1994 GENERAL FUND BUDGET FOR THE RESIDENTS' GUIDE 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, Micks, Russell , Thompson and Tremere; 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. Regular Meetiny of the City Council January 18, 1994 Page 8 *Quotes - Purchase of Marked Squad Cars MOVED by Thompson, seconded by Johnson and motion carried unanimously to purchase and outfitting of four marked squad cars (1994 Ford Crown Victoria Police Interceptors) under the Minnesota State Patrol Contract, from Superior Ford for a total of $57,840.00. Turners Crossroad Street Vacation William Joynes introduced the agenda item. MOVED by Thompson, seconded by Russell and motion carried unanimously to rescind Resolution 93-92 - Resolution for Street Vacation - Portion of Turner's Crossroad, Circle Down to I-394. Announcements of Meetings Mayor Tremere announced that on Sunday, January 23, 1994, from noon to 4:00 PM there will be a Families Sharing the Deam, African American Cultural Fair at Sandburg Middle School . Reset Meeting Dates MOVED by Russell , seconded by Johnson and motion carried unanimously to reset the following dates: City Council meetings from March 1 to March 8; March 15 to March 22; May 17 to May 24; June 7 to June 14; and September 6 to September 12, 1994; and the following Council/Manager meetings: September 13 to September 12; and November 8 to November 15, 1994. Mayor's Communications Mayor Tremere reviewed the communications received as follows: Sheriff's Office Lockup Inspection Report; request for propsal from the post office; letter from Commissioner Hilary regarding Social Services information meeting scheduled for February 2, and letter regarding violation of noise ordinance at 6145 St. Croix Avenue. Mayor Tremere updated the Council on the Highway 100 Coalition meeting he attended and will keep the Council informed of their activities. At the next Council/Manager meeting scheduled for February 8, 1994, the Council will discuss meeting times for the Housing and Redevelopment Authority and Council/Manager meetings. Regular Meeting of the City Council January 18, 1994 Page 9 Winnetka Avenue After discussion it was decided the Council should hold a Special Council/Manager meeting to present to the new Council Members an overview of the Winnetka Avenue Project. MOVED by Johnson, seconded by Thompson and motion carried unanimously to hold a Special Council/Manager Meeting on January 25, 1994, beginning at 5:30 PM. Adjournment MOVED by Thompson, seconded by Micks and motion carried unanimously to adjourn the meeting at 11 :05 PM. ,� :� f. ; < � ' _ ,;�,��--r..,r�.-�� � air Tremere, Mayor ATTEST: Ju ally Administra ve Secretary