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02-18-97 CC Minutes Regular Meeting of the City Council February 18, 1997 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 February 18, 1997 at 6:30 p.m. The following members were present: Anderson, Johnson, LeSuer, Micks and Russell. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Tom Beagan, 1440 Sumter Avenue North, requested the Council install a four way stop at the intersection of Sumter Avenue North and Knoll Street, make an exception and by pass the state warrants and address this item as a local issue. Mayor Anderson stated she or staff would contact him regarding when his item will be on the agenda. Citizen Input - Vernon Peterson At the February 2, 1997 Council Meeting, Mr. Peterson requested that he be allowed to speak at the next Council Meeting. He did not show up. *Petition Against Street Reconstruction on St. Margaret Drive. Xerxes Avenue North to Zenith Avenue North, York Avenue North. St. Margaret Drive to Vista Drive. and Vista Drive, Xerxes Avenue North to Zenith Avenue North MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the petition dated February 3, 1997 against street reconstruction on St. Margaret Drive, Xerxes Avenue North to Zenith Avenue North; York Avenue North, St. Margaret Drive to Vista Drive and Vista Drive, Xerxes Avenue North to Zenith Avenue North dated February 3, 1997. *Letter from Julie Shannon Reaarding Resignation from Human Rights Commission MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the letter from Julie Shannon, dated February 4, 1997, regarding resignation from the Human Rights Commission and request the Mayor send her a letter of appreciation in recognition for her service to the community. Regular Meeting of the City Council February 18, 1997 Page 2 *Letter from Pat Phelan Regarding World War II Monument Dedication MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the letter from Pat Phelan, dated February 10, 1997, regarding World War II monument dedication. *Petition A�.proving Street Reconstruction on Poplar Drive MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the letter from William Hammond, III, dated February 18, 1997. Aaprovat of Agenda MOVED by Russell, seconded by LeSuer and motion carried unanimously to approve the agenda of February 18, 1997 as amended: Addition of Letter and/or Petition - Petition Approving Street Reconstruction on Poplar Drive. A�proval of Consent Agenda MOVED by Micks, seconded by Russell and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, as amended: Addition of Letter and/or Petition - Petition Approving Street Reconstruction on Poplar Drive. Mayor Anderson read the items listed on the consent agenda. *A.�proval of Check Register MOVED by Micks, seconded by Russell and motion carried unanimously to authorize payment of the bills as submitted. *General Business and Heating Licenses MOVED by Micks, seconded by Russell and motion carried unanimously to authorize the issuance of general business licenses #16356 to #16357 and #6867. *Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of Golden Vallev MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Rotary Club of Golden Valley. Regular Meeting of the City Council February 18, 1997 Page 3 *Gambling License Exemption - The Optimist Club of Golden Vallex MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the gambling license exemption for the Optimist Club of Golden Valley. *Minutes of Boards and Commissions MOVE by Micks, seconded by Russell and motion carried unanimously to receive and file the minutes received as follows: Black History Committee - February 6, 1997 Human Rights Commission - January 9, 1997 Open Space and Recreation Commission - January 27, 1997 Board of Zoning Appeals - January 28, 1997 1996 Public Safety Awards - Fire Department Service Awards: 20 Years - assistant Chief Jim Murphy and Assistant Chief Dan Albrecht and 5 Years - Firefighter Bernie Vrona: Police Department Service Awards: 30 Years - Sergeant Dwight Wells and Departmental Commendation: Officer Lance Evans; Firefighter of the Year Awards: Lieutenant Daniel Johnsons and Police Officer of the Year Award: Officer David Born Dean Mooney, Public Safety Director, welcomed the families, friends and staff to the award presentation. Dean Mooney presented Kyle Tovas, Community Service Officer with a Volunteer Service Awa rd. Mark Kuhnly, Chief of Fire and Inspections, presented the Fire Department Service Awards for 20 years of service to Assistant Chief Jim Murphy, and Assistant Chief Dan Albrecht; and 5 years of service to Bernie Vrona. Roger Johnson, Captain, presented the Police Department Service Award for 30 years of service to Sergeant Dwight Wells, and Departmental Commendation to Office Lance Evans. Mark Kuhnly, presented the 1996 Firefighter of the Year Award to Lieutenant Daniel Johnson. Roger Johnson presented the 1996 Police Officer of the Year Award to Officer David Born. The Council expressed their appreciation to the recipients and their families for the dedication. The Council took a short recess. Regular Meeting of the City Council February 18, 1997 Page 4 Public Hearing - Street Improvement - 97 SI 18 - Poplar Drive. Meadow Lane West 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. Gerald Mundt, 4212 Poplar Drive, petitioner, stated 100% of the property owners approve of the street reconstruction and stated they agree to have the utility lines buried. Lloyd Jafvert, 4200 Poplar Drive, stated the neighborhood is trying to preserve the tree canopy and wouldn't mind cotored concrete. The Mayor closed the hearing. Member Russell introduced the following resolution and moved its adoption and authorizing the inclusion of burying of power lines if appropriate: RESOLUTION 97-27 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENT AND AUTHORIZING ADVERTISING FOR BIDS 97 SI 18 POPLAR DRIVE, MEADOW LANE TO THE WEST The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks and Russell; 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 Hearing - 1997 Urban Hennepin County Community Development Block Grant (CDBG) Program Mark Grimes, Director of Planning and Development introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Grace Norris, Greater Minneapolis Day Care Association, reviewed her program and answered questions from the Council. The Mayor closed the public hearing. Regular Meeting of the City Council February 18, 1997 Page 5 Public Hearing - 1997 Urban Hennepin County Community Development Block Grant �CDBG) Program - Continued Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-28 RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks and Russell; 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. Informal Public Hearing - Appeal from Board of Zoning Appeals Denial - FluiDyne Engineering Corporation - 5828 Olson Memorial Highway William Joynes introduced the agenda item. Mark Grimes, Director of Planning and Development and Board of Zoning Appeals Staff Liaison reviewed the background of the item. Allen Barnard reviewed the legal process 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. Len Frame, Applicant, reviewed the Board of Zoning Appeals denial and his reasons for his appeal and answered questions from the Council. Don Edson, 5804 Olson Memorial Highway, stated the lot was zoned for the purpose of a parking lot and now it is a wooded area, feels if the woods are removed from the site it is going to turn it into an industrial neighborhood with four residential properties in the middle of it, expressed concern over the impact on the wildlife, doesn't feel the proposed landscaping of the site will be able to cover the proposed building, and would like to keep the lot as it is. Georgia Goodwin, 5806 Olson Memorial Highway, stated if they build she will be impacted the most, was prepared for the property to become a parking lot but not a warehouse in her backyard, request that the variances not be granted, stated there are 16 cars already parked on the street today and if the facility is built there won't be enough parking. Regular Meeting of the City Council February 18, 1997 Page 6 Informal Pubtic Hearing - Appeal from Board of Zoning Appeals Denial - FluiDyne Engineering Corporation - 5828 Olson Memorial Highway - Continued Jim Trebble, 5802 Olson Memorial Highway, expressed concern over the odors from Printed Media, stated they have to run their air conditioning from May until fall because of the smell, there is also noise from the snowblowing, and snowplowing from the businesses at night, semi trucks pull in and sit on Zane Avenue and run all night waiting for companies to open in the morning, and the smell and noise from the semis filters into their homes, asked what happens if they move out of the building and someone else moves in, feels his property values will not go up if the lot is developed. Florence Larson, 5808 Olson Memorial Highway has lived there since 1952 and feels she should be able to live the rest of her life in peace and quiet. The Mayor closed the public hearing. MOVED by Micks to uphold the Board of Zoning Appeals denial. Motion died for a lack of a second. MOVED by LeSuer, seconded by Russell and motion carried to make a finding that due to the unique circumstances of this lot it has caused an undue hardship in its use and reverse the decision of the Board of Zoning Appeals and grant the following variances: 1. Waiver from Section 11.36, Subd. 6(A) Front Yard Setback - variance for 10 feet off the required 35 feet to a distance of 25 feet for lack of green space on Zane Avenue North for both the building and parking areas, 2. Waiver from Section 11.36, Subd. 6(C)(1) Side Yard Setback - variance for 72 feet off the required 100 feet to a distance of 28 feet for the proposed building on the east side; 3. Waiver from Section 11.36, Subd. 6(C)(4) Side Yard Setback - variance for 34 feet off the required 50 feet to a distance of 16 feet for the proposed parking area at its closest point on the east side of the lot. The grant of the above-referenced variances is subject to the following conditions: 1. The installation of landscaping that creates a buffer between the building to be built on the site and the residential lots to the east. Such landscaping must be approved by the Building Board of Review after consultation with the City Forester. 2. Mechanical equipment shall not be located on the roof of the building to be built, but shall be located inside the building. 3. The building shall have a mansard roof conforming to the drawings shown the Council and the light poles in the parking lot shall be lowered so the light does not impact the nearby residents to the east. Regular Meeting of the City Council February 18, 1997 Page 7 Informal Public Hearing - Appeal from Board of Zoning Appeals Denial - FluiDyne Engineering Corporation - 5828 Olson Memorial Highway - Continued Council Member Micks voted no. The Council requested staff to speak with some of the companies in the area and request that they ask their employees to park in the employee parking lots provided and not on the street in front of the residences. The Council requested the Chief of Fire and Inspections provide the Council with a memo which outlines the measures that Printed Media, 815 Zane Avenue North, has taken to alleviate the odors from their stacks. Ap�roval of Golf Course/Swimmina Pool Exchange with the City of St. Louis Park William Joynes introduced the agenda item. Rick Jacobson, Director of Parks and Recreation, reviewed the exchange and answered questions from the Council. MOVED by Russell, seconded by LeSuer and motion carried unanimously to approve the golf course/swimming pool exchange with the City of St. Louis Park on a one year triat basis as recommended by the Open Space and Recreation Commission and outlined in the memo from Rick Jacobson, Director of Parks and Recreation, dated February 11, 1997. �`Approval of Plat - Golden Hills West 3rd Addition Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-29 RESOLUTION FOR APPROVAL OF PLAT - GOLDEN HILLS WEST 3RD ADDITION 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: Anderson, Johnson, LeSuer, Micks and Russell; 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 February 18, 1997 Page 8 *Authorization for Participation in Minnesota Police Recruitment System Cooperative Activities Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-30 RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM 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: Anderson, Johnson, LeSuer, Micks and Russell; 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. *Resolution Reconveying Tax Forfeit Lands Back to the State and Requesting the CountX Board Restrict the Sale to Adjacent Property Owners OnIX Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-31 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS 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: Anderson, Johnson, LeSuer, Micks and Russell; 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. *Call for Public Hearing - Amendment to North Wirth Parkway Redevelopment Plan - 3/18/97 MOVED by Micks, seconded by Russell and motion carried unanimously to call for a public hearing to consider an amendment to the North Wirth Parkway Redevelopment Plan for March 18, 1997. Regular Meeting of the City Council February 18, 1997 Page 9 *Bids - Cab/Chassis Truck MOVED by Micks, seconded by Russell and motion carried unanimously to award the bid for one 1998 model Ford L-8500 single axle cab/chassis truck from Boyer Ford Trucks, Inc. from the MnDOT contract for $49,007.00. *Bids - Golf Course Well and Submersible Puma MOVED by Micks, seconded by Russell and motion carried unanimously to award the bid for the purchase of a wetl and submersible pump from the lowest responsible bidder, Bergerson Caswell for $52,165.00. The bids are as follows: Bergerson Caswell $52,165.00 McCarthy Well Co. 73,252.00 Announcements of Meetinas Mayor Anderson and Council Member Micks will meet on Friday, February 21, 1997, to discuss the Pavement Management Program. The next City Council Meeting will be held on March 4, 1997. A Council/Staff Work Session will be held on February 19, 1997 at City Hall from 5:00 p.m. to 7:30 p.m. A Council/Staff Work Session will be held on March 8, 1997 at the Brookview Community Center, in the grill area, from 9:00 a.m. to 12:00 noon. A Executive Session will be held at the Brookview Community Center, grill area, at 12:30 p.m. for the City Manager's evaluation. The Area B Task Force will meet on March 7, 1997 at 7:00 p.m. at City Hall. Mayor and Council Communications No action and/or discussion took place. Reset March Councit/Manager Meeting MOVED by Micks, seconded by Russell and motion carried unanimously to reset the March 12, 1997 Council/Manager Meeting to March 11, 1997. Regular Meeting of the City Council February 18, 1997 Page 10 Cable Casting of Plannina Commission Meetings Linda Loomis, League of Women Voters, stated the League supports the continuation of cable casting the Planning Commission meeting. MOVED by Micks, seconded by LeSuer and motion carried unanimously to continue the cable casting the Planning Commission meetings for public hearing purposes. *Bassett Creek Mayors' Meetinq Updates MOVED by Micks, seconded by Russell and motion carried unanimously to receive and file the memo from Mayor Anderson, dated February 13, 1997 updating the Council on the Bassett Creek Mayors' meeting. Board/Commission Reappointment and Set Interview Dates Staff was requested to set up interviews with the Board/Commission candidates for March 4, 1997 beginning at 5:30 p.m. The Council will make the reappointments and appointments at the March 4, 1997 meeting. Communication from City Attorney Allen Barnard Regarding Hidden Lakes Allen Barnard reviewed his memo and recommended the Council refer to him any communications from legal counsel for Hidden Lakes parties. Adjournment MOVED by Micks, seconded by Russell and motion carried unanimously to adjourn the meeting at 9:15 p.m. C. �" Mary E. , derson, Mayor ATTEST: � Ju Nally Administrativ Secretary