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10-07-97 CC Minutes unsigned Regular Meeting of the City Council October 7, 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 October 7, 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. Tim Rosecraus, 12900 Fairfield Road West, asked questions about the status of the golf balls that are hit on I-394 and asked if he could contact the city's insurance company. Mayor Anderson stated Mr. Rosecraus would receive a response from staff. *Petition from Sue Lundgren Regarding the Xerxes/Glenwood Parkway Neighborhood Area MOVED by Russell, seconded by Micks and motion carried unanimously to receive and file the petition from Sue Lundgren regarding the Xerxes/Glenwood Parkway neighborhood area. Approval of Minutes: City Council Meeting - September 16. 1997 MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the City Council Meeting minutes of September 16, 1997 as amended: Public Hearing - Ordinance #168 - Rezoning to Industrial Zoning District - North 100 Feet of Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontage Road and Public Hearing - Preliminary Plat Approval - GBC Partners Addition - Council Member Johnsons rationale for denying the rezoning request - 4. Add after building - "as large as the footprint of the Old Federal Reserve Building". Approval of Aaenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the agenda of October 7, 1997 as amended: Addition of Letters and/or Petitions - Petition from Sue Lundgren Regarding the Xerxes/Glenwood Parkway Neighborhood Area; and Mayor and Council Item - Public Thank You to the Fire Department, and Permit for Schuller's Tavern OctoberFest. Regular Meeting of the City Council October 7, 1997 Page 2 Approval of Consent Agenda MOVED by Russell, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, adding Letters and/or Petitions - Petition from Sue Lundgren Regarding the Xerxes/Glenwood Parkway Neighborhood Area. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Russell, seconded by Micks and motion carried unanimously to authorize payment of the bills as submitted. *General Business and Heatina Licenses MOVED by Russell, seconded by Micks and motion carried unanimously to authorize the issuance of general business licenses #16717 - #16720 and #6972. *Taxi Driver Licenses MOVED by Russell, seconded by Micks and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Gamblinq License Exemption and Waiver of Notice Requirement - Ladies Auxiliarv to the VFW Post MOVED by Russell, seconded by Micks and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Ladies Auxiliary to the VFW Post#7051. On Sale and Sunday Sale Liquor License - MBA Enterprises LLC d/b/a Metropole William Joynes introduced the agenda item. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the on sale and Sunday sale liquor license for MBA Enterprises LLC d/b/a Metropole. Regular Meeting of the City Council October 7, 1997 Page 3 �`Minutes of Boards and Commissions MOVED by Russell, seconded by Micks and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - September 8, 1997 Joint Water Commission - August 28, 1997 Human Services Foundation - August 11 and September 15, 1997 Board of Zoning Appeals - August 26, 1997 Open Space and Recreation Commission - September 22, 1997 Bassett Creek Water Management Commission - August 21, 1997 Public Hearing - Amendment to Comprehensive Land Use Plan Map - 5650 and 5800 St Croix Avenue - Rezoning to M-3 Multiple Dwelling Zoning District - 5650 and 5800 St Croix Avenue MOVED by Russell, seconded by Johnson and motion carried unanimously to bring on the table for consideration the amendment to the comprehensive land use plan map and the rezoning to M-3 multiple dwelling zoning district. � Mark Grimes, Director of Planning and Development; reviewed the staff report and answered questions from the Council. Dan BiersdorF, representing the Applicant; reviewed the reasons for the request and answered questions from the Council. Rick Groger, Planning Commission, presented the Commission report. The Mayor opened the meeting for public input for 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 97-63 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 5650 AND 5800 ST. CROIX AVENUE NORTH Regular Meeting of the City Council October 7, 1997 Page 4 Public Hearing - Amendment to Comprehensive Land Use Plan Ma� - 5650 and 5800 St. Croix Avenue - Rezoning to M-3 Multiple Dwelling Zoning District - 5650 and 5800 St. Croix Avenue - Continued 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. The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #169, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from M-1 Multiple Dwelling Zoning District and Radio and Television Zoning Districts to the M-3 Multiple Dwelling Zoning District 5650 and 5800 St. Croix Avenue North Colonial Acres Home, Inc. Applicant MOVED by Johnson, seconded by Russell and motion carried unanimously to approve Ordinance #169, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES Public Hearing - Preliminary Design Plan A�.proval - Amendment #3 - PUD #1 B - Covenant Manor Colonial Acres Dan BiersdorF, representing the Applicant; John Howl, Covenant Manor Campus Coordinator; and Rick Moore, Architect reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development; reviewed the staff report and answered questions from the Council. Rick Groger, Planning Commission, presented the Commission report 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. Vernon Peterson, stated he was there for the assessment hearing. The Council informed him that was the next public hearing scheduled. Regular Meeting of the City Council October 7, 1997 Page 5 Public Hearing - Preliminary Design Plan Approval - Amendment #3 - PUD #1 B - Covenant Manor Colonial Acres - Continued Phillip Anderson, Covenant Manor residents, stated he and his wife came to this community because it met their needs, as it was close to their children, and lake property and because a previous family member had lived there and received great care. John Coho, Covenant Manor resident, stated he served on the design committee and feels that the development will meet the needs of the seniors who live there. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design for Amendment #3, PUD #1 B, Covenant Manor Colonial Acres, subject to the ten conditions outlined in the memo from Elizabeth Knoblauch, City Planner, dated September 29, 1997. Staff and the Open Space and Recreation Commission were requested to review the park dedication issue and make a recommendation to the Council prior to final approval. Public Hearing - Special Assessments Fred Salsbury reviewed 97 SI 18. 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-64 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 97 SI 18 POPLAR DRIVE 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. Fred Salsbury reviewed RSL 218. Regular Meeting of the City Council October 7, 1997 Page 6 Public Hearinq - Special Assessments - Continued 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-65 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS RSL 218 KYLE AVENUE NORTH, ADELL AVENUE TO 34TH AVENUE NORTH 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. Fred Salsbury reviewed 90 SS 8. 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 97-66 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 90SS8 8085 WAYZATA BOULEVARD 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. Don Taylor, Finance Director, reviewed 1997 delinquent utility bills. Regular Meeting of the City Council October 7, 1997 Page 7 Publi� Hearing - Special Assessments - Continued 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-67 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 1997 DELINQUENT UTILITY BILLS 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. Don Taylor, Finance Director, reviewed the 1997 miscellaneous charges. 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-68 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 1997 MISCELLANEOUS CHARGES 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. Fred Salsbury reviewed 1996 driveways. 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 October 7, 1997 Page 8 Public Hearing - Special Assessments - Continued Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 97-69 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 1996 DRIVEWAYS The motion for the adoption of 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. Fred Salsbury reviewed buried utility lines. 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-70 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS BURIED UTILITY LINES POPLAR DRIVE The motion for the adoption of 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. Public Hearina - Ordinance #170 - Amendment #1 - Conditional Use Permit - 7155 Madison Avenue West Richard Strong, Hennepin County Property Manager; Sig Fine, Hennepin County Department of Corrections, Barbara Karn, Juvenile Detention Center Manager, and May Beth Christenson, Assistant to Commissioner Mark Stenglein representative; reviewed their request and answered questions from the Council. Regular Meeting of the City Council October 7, 1997 Page 9 Public Hearing - Ordinance #170 - Amendment #1 - Conditional Use Permit - 7155 Madison Avenue West - Continued Mark Grimes, Director of Planning and Development; Dean Mooney, Director of Public Safety; and Allen Barnard reviewed the staff report and answered questions from the Council. Rick Groger, 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. Duane Deverox, 2455 Louisiana Avenue North, and 2370 Lousiana Avenue North, feels that the building doesn't fit the site, expressed concern over parking spaces on site, cost for running the facility, no provisions for food services, suggested that Plymouth site might be better suited. Curtis Smith, CJ Printing, 2420 Nevada Avenue North, opposed to the site getting bigger each time it is considered, expressed concern over changing to an adult facility in the future, feels this will decline property values in the area. Richard Penna, Wold Industries, 2305 Louisiana Avenue North, opposed to maximum security facilty at this site, asked about people who will be visiting the site and loitering and how the City will handle problems and security dealing with this site. The Mayor closed the public hearing. The following ordinance was MOVED by LeSuer, seconded by Russell: � ORDINANCE #170, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Conditional Use Permit - Amendment#1 7151 Madison Avenue West (formerly known as 7155 Madison Avenue West) Hennepin County Property Services, Applicant MOVED by LeSuer, seconded by Micks and motion carried unanimously to add condition #11 as follows: 11. An Advisory Committee, for this facility, shall be formed including the Public Safety Department, neighbors, and Hennepin County with semi-annual reporting to the City Council. Regular Meeting of the City Council October 7, 1997 Page 10 Public Hearing - Ordinance #170 - Amendment #1 - Conditional Use Permit - 7155 Madison Avenue West - Continued MOVED by LeSuer, seconded by Russell and motion carried unanimously to amend condition #8 as follows: 8. No persons charged with or convicted of murder or rape shall be housed at this site. The County shall select the detainees who pose the least risk to public safety for housing in this facility. MOVED by LeSuer, seconded by Russell and motion carried to approve Ordinance #167, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - NO LESUER - YES MICKS - YES RUSSELL - YES Public Hearing - Parking Restrictions - Portion of Sunnyridge Lane Fred Salsbury 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 97-71 RESOLUTION RESTRICTING PARKING ON PORTIONS OF SUNNYRIDGE LANE The motion for the adoption of 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. Public Hearing - Easement Vacation - Portion of Ensign Avenue North at Medicine Lake Road Allen Barnard stated that it is not necessary to go forward with the public hearing. MOVED by Johnson, seconded by Micks and motion carried unanimously to table consideration of the easement vacation for a portion of Ensign Avenue North at Medicine Lake Road indefinitely. Regular Meeting of the City Council October 7, 1997 Page 11 Approval of Plat - PUD #72 - Medley Hills Mark Grimes introduced the agenda item. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-72 RESOLUTION FOR APPROVAL OF PLAT MEDLEY HILLS, PUD #76 The motion for the adoption of 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. Authorization to Sign PUD Permit - PUD #72 - Medley Hills Mark Grimes introduced the agenda item. MOVED by Johnson, seconded by Micks and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for PUD #76, Medley Hills. Arnie Zachman asked questions about the issuance of building permits for the site and was informed he should discuss his request with staff. Authorization to Prepare Feasibility Study - Sandbura Road and Madison Avenue William Joynes introduced the agenda item. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize staff to develop a feasibility study for the pond and drainage system in the Sandburg Road and Madison Avenue area; and, to develop a plan and estimate to address the backlot drainage problem at 6960 Madison Avenue. *Approval of General Election Judges Member Russell introduced the following resolution and moved its adoption: RESOLUTION 97-73 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 1997 Regular Meeting of the City Council October 7, 1997 Page 12 *Approval of General Election Judges - Continued 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. *Receipt of August 1997 General Fund Budget Report MOVED by Russell, seconded by Micks and motion carried unanimously to receive and file the August 1997 general fund budget report. Preliminary Approval of$3.000.000 Revenue Bonds for LOGIS and Call for Public Hearing - 11/5/97 97-74 Don Taylor, Finance Director, introduced the agenda item and answered questions from the Council. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-74 RESOLUTION GIVING PRELIMINARY APPROVAL TO REVENUE BOND FINANCING ON BEHALF OF LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION AND CALLING PUBLIC HEARING 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. *Call for Informal Public Hearina on Parking Restrictions - Portion of Laurel Avenue - 10/21/97 MOVED by Russell, seconded by Micks and motion carried unanimously to call for an informal public hearing to consider parking restrictions on a portion of Laurel Avenue on October 21, 1997. Announcements of Meetings A ground breaking will be held on October 13, 1997 at 4:00 p.m. on the Area A office building site. Regular Meeting of the City Council October 7, 1997 Page 13 Announcements of Meetings - Continued The next Housing and Redevelopment Authority meeting is on October 14, 1997 at 7:00 p.m. The League of Women Voters Candidate Night will be held on October 15, 1997 at 7:00 p.m. The next City Council meeting will be held on October 21, 1997. The public hearing for the general plan for the Hidden Lakes Development will be held at that meeting. The Council will set any additional meeting times to discuss said item, at the October 21, 1997 meeting. The Council will cancel the Council/Manager meeting for October 14 and hold the Council/Manager meeting on October 21, 1997 at 6:00 p.m. to discuss the Xenia Avenue Extension. The Council will hold a Special Council/Manager meeting on October 28, 1997 at 7:00 p.m. to discuss the pavement management program. Mayor and Council Communications No action and/or discussion took place. Set Budget Workshop Dates The Council set November 19, 1997 at 7:30 p.m. as the first budget workshop. Set Canvassina Board Meeting Date MOVED by Russell, seconded by Micks and motion carried unanimously to set November 5, 1997 at 6:15 p.m. as the Canvassing Board meeting date. *Proclamation for National Mammogra�hy Day and Month MOVED by Russell, seconded by Micks and motion carried unanimously to proclaim October 17, 1997 as National Mammography Day and October 1997 as National Mammography Month in Golden Valley. ; Regular Meeting of the City Council October 7, 1997 Page 14 Public Thank You to the Fire Department Council Member Russell stated she wanted to thank the Fire Department on behalf of her neighbor who informed her that she had a kitchen fire and she was impressed with the professionalism, promptness, comfort and consideration that was given to her under a difficult situation. Permit for Schuller's Tavern Octoberfest Council Member Micks asked about the guidelines for allowing outside tent events and reviewed some of the complaints she had received. William Joynes stated that the code does allow for these types of events and staff does have the authority to authorize their use and that most of them are uneventful. Adjournment MOVED by Russell, seconded by Micks and motion carried unanimously to adjourn the meeting at 10:30 p.m. Mary E. Anderson, Mayor ATTEST: Judy Nally, Administrative Secretary