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07-01-97 CC Minutes unisgned Regular Meeting of the City Council July 1, 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 July 1, 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 Mayor continued the Council Meeting. Approval of Minutes: City Council Meeting - June 17. 1997 and Special City Council Meeting - June 19. 1997 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the City Council Meeting minutes of June 17, 1997; and Special City Council Meeting minutes of June 19, 1997 as submitted. Ap�roval of Agenda MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve the agenda of July 1, 1997 as amended: Addition of Departmental Item - Replacement of Railroad Bridges on T.H. 55. Approval of Consent Agenda MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Manager's Item - Quotes - Sealcoating of Parking Lot. Mayor Anderson read the items listed on the consent agenda. *A�proval of Check Re.iq ster MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize payment of the bills as submitted. Regular Meeting of the City Councii July 1, 1997 Page 2 *General Business and Heating Licenses MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the issuance of general business licenses #16691 - #16701 and #6949 - #6951. *Gambling License Exemption and Waiver of Notice Requirement - H.E.A R T Inc (Hel� En�ble Alcoholics/Addicts Receive Treatment. MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for H.E.A.R.T. Inc. (Help Alcoholics/Addicts Receive Treatment). *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - May 27, 1997 Planning Commission - June 10, 1997 Open Space and Recreation Commission - June 23, 1997 Public Hearings - Comprehensive Land Use Plan Map Amendment and Ordinance #162 - Rezoning to Two-Family (R-2) Residential Zoning District - 9011. 9039, 9105 Medicine Lake Road Mayor Anderson reviewed the procedures for consideration of the items. MOVED by Johnson, seconded by Micks and motion carried unanimously to bring on the table for consideration the Comprehensive Land Use Plan Map Amendment and Ordinance #162, Rezoning to Two-Family (R-2) Residential Zoning District. Arne Zachman, Applicant, reviewed the request and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Warren Kapsner, Planning Commission, 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. The public hearing was adjourned for approximately 25 minutes because of a severe thunderstorm. Regular Meeting of the City Council July 1, 1997 Page 3 Public Hearings - Comprehensive Land Use Plan Map Amendment and Ordinance #162 - Rezoning to Two-Family (R-2) Residential Zoning District - 9011, 9039 9105 Medicine Lake Road - Continued Roger Hackbart, 2525 Decatur Avenue North, asked about the legal assurances that the builder won't change the prices of the homes, expressed concern for removal of the trees, the entrance and exit from the site, the car lights shining into the homes and suggested building a road through the park to connect to Medley Lane instead of using an exit on Ensign Avenue. Dale Folen, 2420 Ensign Avenue North, stated prior to purchasing his current home he researched the zoning issues and feels it is not fair to amend the zoning, expressed concern over the traffic and speed of cars on Ensign Avenue, asked who will benefit from the change and feels no existing residents will, Dale Tesch, 1064 Trenton Circle North, stated he previously lived in Golden Valley but was forced to leave because the type of housing he needed was not available, and feels that empty nesters will benefit if the project is approved. Eric Mattson, 2445 Decatur Avenue North, stated he is somewhat opposed, asked what criteria is applied to allow a change in zoning, stated the car headlights will shine on his deck and feels there may be a potential conflict of interest if some Council Members were interested in purchasing a home in the development. Fred Salsback, 9011 Medicine Lake Road, stated his family has lived there for a number of years but feels it is time to move to move to a location with less maintenance, feels the project is well designed, will bring quality homes into the neighborhood and that the developer has been sensitive to the neighborhoods concerns. Jim Johnson, 2420 Decatur Avenue North, expressed concern over traffic on Ensign Avenue North, safety of children in the area who use the park, speed of traffic, and asked about the process for installation of a stop sign on Medley Lane. Donna Hamel, 2440 Ensign Avenue North, stated on nights when there are ball games people park on both sides of the road and it is impossible for 2 cars to get through the street, suggested parking on one side of the road, feels this development will add to the traffic congestion, asked about the possibility of high density apartments being built on other sites in the area and asked what assurances were there that it won't happen. Margaret Blenkish, 2340 Ensign Avenue North, feels that the people who are selling their property are selling to the highest bidder and that is why it is being rezoned, feels the neighborhood is concerned over traffic issues, that the developer is being sensitive to the neighborhood issues and that it will be a nice development. Regular Meeting of the City Council July 1, 1997 ; Page 4 Public Hearings - Comprehensive Land Use Plan Map Amendment and Ordinance #162 - Rezoninq to Two-Family (R-2) Residential Zoning District - 9011, 9039 9105 Medicine Lake Road - Continued The Mayor closed the public hearing. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-49 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 9011, 9039, 9105 MEDICINE LAKE ROAD 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. The following ordinance was MOVED by Russell, seconded by LeSuer: ORDINANCE #162, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Single Family Residential Zoning District to Two-Family (R-2) Residential Zoning District 9011, 9039 and 9105 Medicine Lake Road Golden Valley Development Corporation, Applicant MOVED by Russell, seconded by LeSuer and motion carried unanimously to approve Ordinance #162, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL -YES Public Hearing - Prelimin�ry Design Plan A�proval - 9011, 9039 and 9105 Medicine Lake Road - PUD #76 - Medle� Hills MOVED by Johnson, seconded by Micks and motion carried unanimously to bring the item on the table for consideration. Arne Zachman, Applicant, and Derrick Paske, Paske Engineering; reviewed the request and answered questions from the Council. Regular Meeting of the City Council July 1, 1997 � Page 5 Public Hearinq - Preliminary Desiqn Plan Approval - 9011 9039 and 9105 Medicine Lake Ro�d - PUD #76 - Medley Hills - Continued Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Warren Kapsner, Planning Commission, 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. Dale Folen, 2420 Ensign Avenue North, expressed concern over the view from their homes, would like the back of the townhomes shielded from the neighborhood, would like the berm to be as high as it can, concerned over storm water backups and ponding, doesn't like the idea of a road to Medley Lane thorough the park, asked where the construction access road will be and suggested sidewalks along Ensign Avenue. Eric Mattson, 2445 Decatur Avenue North, asked about the number and type of variances that are being requested by the developer. Dale Tesch, 1064 Trenton Circle North, stated where he lives in Plymouth has a number of single people who live there and that the typical traffic is less than would be on a typical street, and stated his development has a number of activities during the year where the residents get together. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan for PUD #76, Medley Hills, with the following conditions: 1. All recommendations and requirements set out in the Engineering Department memo dated June 4, 1997 and the Fire and Inspections memo dated June 9, 1997. 2. A dedication of seven feet of right-of-way along Medicine Lake Road plus a three- foot wide bike path easement. 3. Cash dedication in lieu of park land. 4. The 33 townhome units be provided as an alternative housing need for empty nesters in Golden Valley. 5. Retain as many existing trees as possible. 6. Move the Ensign Avenue driveway closer to Medicine Lake road and align it with a lot boundary across the street. 7. Provide some common area within the development. 8. Maximize green space in the development. Regular Meeting of the City Council July 1, 1997 Page 6 Public Hearing - Preliminary Design Plan A�proval - 9011 9039 and 9105 Medicine Lake Road - PUD #76 - Medley Hills - Continued 9. Prior to General Plan Approval the Sidewalk Committee meet to consider approval of sidewalk installation on Ensign Avenue North. 10. Explore pond amenities. 11. Request staff to review the possibility of an exit from the development to connect to Medley Lane, and further to outline the rationale for not pursuing the exit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL -YES *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. R�e uest by Grow Biz International to Serve Wine and Beer in Their Parking Lot MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the request submitted by Grow Biz International, 4200 Dahlberg Drive, to serve wine and beer in their parking lot on September 5, 1997 from 7:00 p.m. to 10:00 p.m. *Su�port the Use of General Obligation Bonds as Advance Funding for North Hennepin Regional Trail Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-50 RESOLUTION SUPPORTING USE OF GENERAL OBLIGATION BONDS AS ADVANCE FUNDING FOR COMPLETION OF NORTH HENNEPIN REGIONAL TRAIL 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. Regular Meeting of the City Council July 1, 1997 Page 7 Replacement of Railroad Bridges on T.H. 55. William Joynes introduced the agenda item. Fred Salsbury reviewed the plans for the replacement of the railroad crossing bridges on T.H. 55 between Douglas Drive and T.H. 100. The City will be sending a letter to property owners in the area informing them of the MnDOT project. *Quotes - Police Firing Ran�e Renovation MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the installation of a bullet trap and target system for the Police firing range from the only bidder, Caswell International Corporation for a total of$23,683.00. C�uotes - Sealcoating of Parking Lot Council Member Micks asked how many quotes were received. Fred Salsbury stated another quote was received but it was $150.00 more. MOVED by Micks, seconded by Russell and motion carried unanimously to authorize the sealcoating of the Civic Center parking lot to the lowest responsible bidder, Allied Blacktop Company for $21,900.00. 1997 Brush Pick-Up Report William Joynes updated the Council on the outcome of the 1997 brush pick-up and answered questions from the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the memo from Cheryl Weiler, dated June 26, 1997 regarding the 1997 brush pick-up. *Receipt of Certificate of Commendation from Governor Carlson for POINT Northwest for Runaway Youth MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the Certificate of Commendation from Governor Carlson for POINT Northwest for Runaway Youth. *R�ceipt of Certificate of Commendation from Governor Carlson for Bassett Creek Water Management Commission MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the Certificate of Commendation from Governor Carlson for Bassett Creek Water Management Commission. Regular Meeting of the City Council July 1, 1997 Page 8 Announcements of Meeting The Council set the following as possible meeting dates and proposed topics: July 16, 1997 - Surface Water Management Advisory Committee; and August 6 and August 13 - Pavement Management Plan and/or budget issues. Mayor Anderson requested that Council Members notify staff if they plan on attending the AMM Breakfast Meeting scheduled for July 10, 1997. Mayor and Council Communications Council Member Micks stated she has gotten complaints about the corner visibility on Laurel Avenue and Jersey Avenue when activities are held at the Speak the Word Church. MOVED by Micks, seconded by Russell and motion carried unanimously to request staff to review the situation at the intersection of Laurel Avenue and Jersey Avenue related to visibility and parking and take the appropriate measures to correct the situation. Possible Appointments to Planning Commission and Human Rights Commission MOVED by Russell, seconded by LeSuer and motion carried unanimously to make the following appointments: Rick Martens Planning Commission term expires 3/1/98 Jerry Rosenzweig Human Rights Commission term expires 3/1/98 Adjournment MOVED by Russell, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 10:00 p.m. Mary E. Anderson, Mayor ATTEST: Judy Nally, Administrative Secretary