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05-20-97 CC Minutes unsigned Regular Meeting of the City Council May 20, 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 May 20, 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. Hearing and seeing no one, the Council continued the meeting. Aparoval of Minutes: City Council Meeting - April 15. and May 6. 1997;, and Council/Manager Meeting - May 13. 1997 MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the City Council Meeting minutes of April 15, 1997 and Council/Manager Meeting of May 13, 1997 as submitted; and the City Council Meeting minutes of May 6, 1997 as amended under Staff Report - Aggressive Skate Parks - second line add "we will contact Hennepin Parks". Approval of Agenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the agenda of May 20, 1997 submitted. �aroval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Organizational Item - Minutes of Boards and Commissions - Open Space and Recreation Commission - April 28, 1997. Mayor Anderson read the items listed on the consent agenda. *A�proval of Check Register MOVED by Johnson, seconded by LeSuer seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. Regular Meeting of the City Council May 20, 1997 Page 2 *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of general business licenses #16608 - #16631 and #6939 - #6940. On-Sale. Off-Sale, Sunday Sale, Club and Wine Liquor License Renewals William Joynes stated that under Wine On Sale D'Amico Catering d/b/a D'Amico Beverage Service can be added and recommended the rest listed be approved. MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize the renewal of the following liquor licenses as follows or conditioned: Off Sale - Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirts; D'Amico Catering d/b/a D'Amico Beverage Services; Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel; FTL Corporation d/b/a MGM Liquor Warehouse; RZMP Corporation d/b/a Schuller's Tavern; Queen's Plaza Liquors, Inc. d/b/a United Liquors #2; and Westview Liquor Store. On Sale and Sunday Sale - BLR, Inc. d/b/a Cactus Creek; Cliff Corporation d/b/a Doolittle's (including attached, gated outdoor patio on West side of building); Golden Valley Country Club; MDB, Inc. d/b/a LaCasita; D'Amico Catering, Inc. d/b/a The Metropolitan Ballroom and Clubroom; GMRI Inc. d/b/a Red Lobster; Samurai, Inc. d/b/a The Samurai; and RZMP, Inc. d/b/a Schuller's Tavern. Club On Sale and Sunday Sale - Chester Bird American Legion Post No. 523 and Golden Valley VFW Post 7051. Wine On Sale - August Moon Restaurant, Piazza's Ristorante and D'Amico Catering d/b/a D'Amico Beverage Service. *Peddler's License - Statewide Tree and Landscape MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the peddler's license for Statewide Tree and Landscape. Regular Meeting of the City Council May 20, 1997 Page 3 *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Civil Service Commission - February 11, 1997 Bassett Creek Water Management Commission - April 17, 1997 Human Rights Commission - March 13, and April 10, 1997 Human Services Foundation - March 10, and April 14, 1997 Black History Committee -April 3, 1997 Planning Commission - April 28, 1997 Minutes of Boards and Commissions - Open Space and Recreation Commission - A rip I 28, 1997 Council Member Micks asked the trails in the Hidden Lakes PUD. William Joynes reviewed the status of the discussions between the staff of the City, Hennepin County and Minneapolis Park Board. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the Open Space and Recreation Commission minutes of April 28,1997. Public Hearing - Preliminary Design Plan A�proval - PUD #75 - Menards. Inc. MOVED by Johnson, seconded by Russell and motion carried to bring the item on the table for discussion. Mark Grimes, Director of Planning and Development presented the staff report. Allen Barnard reviewed the commercial/retail regulations. Patrick Harrigan, and Ross Berglove, representing the applicant reviewed the plan and answered questions from the Council. Kevin McAleese, Planning Commission Representative, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Tom Lieberman, 250 Jersey Avenue South, he expressed concern over the use of outside speakers and requested that pagers be given to the staff instead of using the speakers, and stated he can see the material in the lumber yard and feels a 14 foot fence would be an improvement along with additional landscaping. Regular Meeting of the City Council May 20, 1997 Page 4 Public Hearing - Preliminary Design Plan Approval - PUD #75 - Menards, Inc The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan approval for PUD #75, Menards, Inc., subject to the following conditions: 1. The site plan dated 10/18/96 be the accepted plan which indicates parking, setbacks, screening, buildings, and maintenance thereof, and additions. 2. If the City determines that parking is not adequate for customers in the front lot, Menard's will be required to review their parking arrangement by changing employee parking areas or moving some employee parking off-site. 3. No more than 20 parking spaces may be utilized for Christmas tree sales. 4. The MGM space will revert to Menard space in 2001. If MGM chooses to leave their lease prior to 2001, the space may only be converted to Menard uses. 5. All outside loudspeakers will be eliminated. 6. A preliminary landscape plan shall be prepared for City Council consideration as part of the Preliminary Design Plan. 7. A code compliance study for the new additions shall be completed prior to review of the General Plan by the City Council. 8. The Building Board of Review will review all the landscaping and fence issues raised by the Planning Commission and City Council. MOVED by Micks, seconded by Russell and motion carried unanimously to amend the previous motion to add "and maintenance" to condition number 1. above. Public Hearing - Preliminary Design Plan A�proval - Amendment #1 - PUD #71 - ValleX r ek Mark Grimes, Director of Planning and Development presented the staff report. Jim Winkels, Amcon Corporation, and Tom Dillon, Valley Creek Development, reviewed the plan and answered questions from the Council. Kevin McAleese, Planning Commission Representative, presented the Commission report. 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 May 20, 1997 Page 5 Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #71 - Vallex Creek - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan, Amendment #1, PUD #71, Valley Creek subject to the following conditions: that the proposed accessory uses be limited in its hours of operation. MOVED BY Micks, seconded by Johnson and motion carried unanimously to amend the foregoing motion to request the applicant to address the lighting issues and their impact on the Mallard Creek apartments. Public Hearing - Comprehensive Land Use Plan Map Amendment - 7155 Madison Avenue West and Ordinance #159 - Rezoning to Institutional (I-3) Zoning District - 7155 Madison Avenue West Mark Grimes, Director of Planning and Development presented the staff report. Richard Strong, Hennepin County Property Services and Barb Karn, Juvenile Detention Center Manager, reviewed the plans and answered questions from the Council. Kevin McAleese, Planning Commission Representative, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Sandy Commers, Robbinsdale School District 281, expressed concern over the use of Title I and Special Education funding, asked about the educational requirements, and funding for the center and funding for those programs and asked if they will need require a teacher for the site, requesting a notice be sent to the School District notifying them of any changes to the status. The Mayor closed the public hearing. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 97-45 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 7155 MADISON AVENUE WEST Regular Meeting of the City Council May 20, 1997 Page 6 Public Hearin - Comprehensive Land Use Plan Map Amendment - 7155 Madison Avenue West and Ordinance #159 - Rezoninq to Institutional (I-3) Zoning District - 7155 Madison Avenue West - Continued The motion for the adoption for the foregoing resolution was seconded by Member LeSuer 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. Member LeSuer introduced the following ordinance and moved its adoption: ORDINANCE NO. 159, 2ND SERIES AN ORDINANCE AMENDMENT THE CITY CODE Rezoning from Industrial Zoning District to Institutional (I-3) Zoning District 7155 Madison Avenue West Hennepin County Property Services, Applicant MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve Ordinance #159, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL -YES Public Hearing - Ordinance #160 - Conditional Use Permit - 7155 Madison Avenue West William Joynes stated staff recommends this item be continued to June 3, 1997 in order for the Board of Zoning Appeals to hear the variance requests for the proposed building at their meeting of May 27, 1997. 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 Micks, seconded by LeSuer and motion carried unanimously to continue the public hearing for Ordinance #160 to June 3, 1997. *A�proval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Regular Meeting of the City Council May 20, 1997 Page 7 *Receipt of April 1997 General Fund Budget Report MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the April 1997 general fund budget report. �`Approval of Plat - Ace Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 97-A�f ��o RESOLUTION FOR APPROVAL OF PLAT -ACE 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. Bids - Schaper Site Improvements William Joynes introduced the agenda item. MOVED by Russell, seconded by LeSuer and motion carried unanimously to award the bid for the Schaper Recreational Area to the lowest responsible bidder, Veit & Company, Inc. for $1,938,211.02. The bids were as follows: Veit & Company, Inc. $1,938,211.02 Kevitt Excavating 2,053,497.00 George F. Cook Construction $2,125,216.74 Announcements of Meetings The Board/Commission Recognition Dinner is May 22, 1997 at 7:00 p.m. at the Brookview Community Center. The Special City Council Meeting regarding Hidden Lakes will be held on June 2, 1997 at 6:30 p.m. The next Regular City Council Meeting will be held on June 3, 1997 at 6 :30 p.m. The next Council/Manager meeting will be held on June 9, 1997 at 5:30 p.m. and the next Housing and Redevelopment Authority will be held on June 9, 1997 at 7:00 p.m. Regular Meeting of the City Council May 20, 1997 Page 8 Mayor and Council Communications Mayor Anderson, William Joynes and Mark Grimes have met regarding the Hidden Lakes Discussion guide to be distributed to the Council prior to the meeting. The Mayor reviewed the items that are proposed to be included in that guide. Mayor Anderson distributed a copy of a draft letter to be sent to the Planning Commission appointees and requested the Council Members get back to her with any changes. The Council will set an interview date after June 3, 1997. Mayor Anderson requested that the Council inform staff of their vacation schedule and dates they would be unavailable for any meetings. Adjournment MOVED by Russell, seconded by Johnson and motion carried unanimously to adjourn the meeting at 8:32 p.m. Mary E. Anderson, Mayor ATTEST: Judy Nally, Administrative Secretary