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10-20-98 CC MinutesRegular Meeting of the City Council October 20, 1998 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 20, 1998 at 6:33 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer, and Micks. Also present were: William Joynes, City Manager; Jeannine Clancy, 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 meeting. Approval of Minutes: City Council Meeting - October 6 1998 MOVED by Johnson, seconded by Micks and motion carried unanimously to approve the City Council Meeting minutes of October 6, 1998 as submitted. *Letters from Roberta Hoffman; John Edson and Kaye Rakow, TwinWest Chamber of Commerce; Bruce Polaczyk, Hennepin County; Petition from Laurel Estates Apartments; Regarding Xenia Avenue Extension MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the following letters regarding Xenia Avenue extension from Roberta Hoffman, dated October 9, 1998; John Edson, and Kaye Rakow, Twin West Chamber of Commerce dated October 15, 1998; Bruce Polaczyk, Hennepin County, dated October 19, 1998; Laurel Estates Petition, received October 20, 1998; Susan Lindgren, dated October 13, 1998; Roberta and Jay Hoffman, dated October 17, 1998; The Millers, dated October 4, 1998; Nancy Donnay, not dated; and the comments from Golden Hills open house. Approval of Agenda MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the agenda of October 20, 1998 as amended: Communications Item - Additional Letters Regarding Xenia Avenue Extension - John Edson, and Kaye Rakow, Twin West Chamber of Commerce; Bruce Polaczyk, Hennepin County, Laurel Estates Petition; Susan Lindgren; Roberta and Jay Hoffman; The Millers; Nancy Donnay, not dated; and the comments from the Golden Hills open house; and Mayor and Council Item - Set Date for Budget Workshop. Regular Meeting of the City Council October 20, 1998 Page 2 Approval of Consent Agenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, adding Letters and/or Petitions - Additional Letters Regarding Xenia Avenue Extension from John Edson, and Kaye Rakow, Twin West Chamber of Commerce; Bruce Polaczyk, Hennepin County, Laurel Estates Petition; Susan Lindgren; Roberta and Jay Hoffman; The Millers; Nancy Donnay, and the comments from Golden Hills open house; and removal of Departmental Item - Authorization to Sign Amended Agreement with Waste Management -Savage for Recycling Collection Services. The Mayor read the items listed on the consent agenda. *Approval of Check Register MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the issuance of license #17121 to #17123 and #7086 to #7090. *Taxi Driver Licenses MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Gambling License Exemption - Church of the Good Shepherd MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the gambling license exemption for Church of the Good Shepherd. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - August 13, 1998 Planning Commission - September 28, 1998 Joint Water Commission - August 18, 1998 Human Services Foundation - September 14, 1998 Regular Meeting of the City Council October 20, 1998 Page 3 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section Mayor Anderson introduced the agenda item. The following persons presented information and were available to answer questions throughout the meeting: William Joynes reviewed and Mark Grimes, Director of Planning and Development reviewed the amendment; Kevin McAleese presented the Planning Commission report; Dennis Arons, Police Sergeant reviewed a traffic video and presented information about the traffic problems in the area; Glen Van Wormer from Short Elliott Hendrickson presented the transportation report; Mike Kremer and Ted Sauer from the Hopkins School District were present and stated the school board approved the extension; Mark Kuhnly, Fire Chief spoke about effect on Fire Department; Don Taylor, Finance Director reviewed where the funding for the road will come from; and Steve Miller, Church President; stated they have not reviewed the plan. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Jay Hoffman, 220 Yosemite Circle, stated he came to the HRA meeting last week and requested them to delay approval of an 8 to 10 story, 22,000 square feet office complex that will sit where the Breck Ice Arena is and requested delay until after the neighborhood spoke at the Council Meeting about the extension of Xenia Avenue but the HRA proceeded; expressed concern over the increase of traffic, safety concerns for children, feels better signing around the school is needed. John Leighton, 4229 Linden Hills Boulevard, owner and operator of a 160 -unit apartment building in the area, stated he is concerned that the apartment complex will be split in half by the proposal, concerned over loss of tennis courts; stated he rents affordable housing in a park like setting and the complex has a swimming pool; the setback requirements are too close to his buildings; that traffic will be brought into the back yards of his tenants, stated he has hired his own traffic engineer and suggested alternatives to the proposed options. Gregg Hackett, 130 Jersey Avenue North, feels there are problems at the intersection but there are also some good things about the intersection at Turner's and Glenwood, the roads are narrow and the intersection is congested and because they are, traffic tends to go slow, the telephone poles protect the kids, the poles have a push button that allows them to cross the intersection safely; the intersection is close to the school so that teachers and staff can help observe and assist children crossing the street; the turning radius is smaller and the pedestrian is more in control and are more easily seen; feels the road doesn't need to be widened; improve the intersection by adding curbs and gutters and place sidewalks away from the street. Regular Meeting of the City Council October 20, 1998 Page 4 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Larry Parnell, 5525 Loring Lane, stated that about 5 years ago the city changed the grading by his house and now when he backs out of his driveway he can't see traffic coming south on Turners; expressed concern over safety of children, suggested a stop sign be installed at Loring Lane; that 15 mile per hour speed limit be posted by the school; and that the priority should change from an efficient way to move traffic to one of safety concern for small children. Gary Gandrud, Attorney, Faegre & Benson, representing 5610 Laurel Avenue, Laurel Estates Apartments; presented a petition signed by the residents; which states taking a portion of the land on the west side of Laurel Estates property ruins their peace and quiet; the noise, traffic, dust and dirt, invasion of privacy will be disruptive and suggested alternatives. Marvin Ack, 5535 Loring Lane, asked what the cost of the project would be; that people use Turners Crossroad to get to Highway 100 and that will still continue with this plan and asked what problems will be created by this plan. Thad Gryesiak, 525 Yosemite Avenue North, stated that 13 years ago he expressed concern when the road was extended and was concerned for safety of walkers and children; feels it was bad signal planning then and now; feels the change won't stop or defer traffic; would like to see them use the freeway system. Jane Gjerstad, 5420 Circle Down, stated the people who live on Turners Crossroad have major problems and that the people who live on Circle Down will have difficulty getting out of the neighborhood. Gail Anderson, 5601 Glenwood Avenue, stated she moved to this apartment because it was a quiet neighborhood, crime rate was low; suggested the current roadway be updated by painting the stripes on the street, signage about truck traffic, installation of curb and gutter. Janet Keysser, 5200 Colonial Drive, in favor of some kind of change as traffic is going to increase because of commercial development in the area; the Crisis Nursery is also going to be open soon and they share an access with the school; the area is already short of parking spaces; would like to see Turners Crossroad closed north of Glenwood by the school and would like to see the school make better use of the land, either through more parking or installation of tennis courts; stated she is concerned over the safety of children and speed of cars and stated that school bus transportation is available to everyone who attends the school. Regular Meeting of the City Council October 20, 1998 Page 5 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Dave Killeen, 5431 Glenwood Avenue, stated he is in favor of the amendment; that it is not a perfect plan but it is the best we are going to get; feels that traffic will not go away; feels the barricades at the intersection of Turners and Glenwood are inadequate; suggested the change will enhance the residential area; provide for better pick up and drop off of students at the school; and that this is not a matter of residential versus development, but of balancing traffic management with pedestrian safety with land use and residential enhancement. Dan Freeman, 1031 Pennsylvania Avenue, stated he is a business owner in Golden Valley and the Chair of the Golden Valley Business Council which is a committee of the TwinWest Chamber of Commerce and stated that the business council supports the extension; and submitted and read a letter from John Edson, Chair and Kay Rakow, President of the Chamber expressing their support for the Xenia extension. Mary Hepokoski, 6473 Westchester Circle, Director on the Board of the League of Women Voters; stated they have some concerns over the handling of the item and recommends submitting future proposals regarding the extension to the Planning Commission for their recommendation; supports efforts to keep the loss of more affordable housing to a minimum; include pedestrian walkway in the area; and increase efforts to notify citizens of proposed changes; such as signs posted on properties to notify when development or changes are proposed. Nancy Donnay, 6015 Glenwood Avenue, expressed concern over resident notification of the project; feels the project is moving too quickly; suggested delaying approval of the amendment to allow for residents to review the information and allow the school PTO to make a recommendation; expressed concern over safety of children, fire department response time; cost of project; increased traffic; feels the intersection should be improved where it is as it is closer to the school; feels more citizen input is needed before a decision is made. Missy Nelson, 5635 Glenwood Avenue, feels that this extension will affect a lot of children that live in the area not only during school hours but throughout the day and weekends; and asked if it can be guaranteed the new intersection will be safer. Regular Meeting of the City Council October 20, 1998 Page 6 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Ward Eames, and Margaret Eames, 1415 Angelo Drive, stated they are Meadowbrook PTO co-chairs; and stated they are planning to discuss the issue at the next PTO meeting on November 16, 1998; and stated they are concerned about the safety situation at the school; how will the project improve the safety; the displacement of homeowners and apartment renters; and would like to be involved in any new plans for school property; they also distributed and read a letter from Diane Schimelpfenig; Principal; who supports the extension project as she feels it will have great long-term benefits to the school and community. Katherine Peters, 209 Turners Crossroad South, feels the Turners and Glenwood intersection is completely unsafe and reported on accidents which have occurred in front of her home; and problems she has experienced when drivers go around the extended arms of the school bus as they are dropping off her son in the front of their home. Wayne Anderson, 5601 Glenwood Avenue, stated he sees no reason to move the roadway and expressed concern over the removal of trees to create more street and that widening the roadway will allow for more traffic. Allen Beach, 5540 Loring Lane, stated he is a firefighter and expressed concern over increase in fire response time; safety, speed of traffic, and feels people use the Turners' and Glenwood route as a way to bypass the metered traffic lights on 1-394 and get to Highway 100. Richard Miller, 3333 Regent Avenue North, stated his family is opposed to the project as his parents and relatives have lived on their property all of their lives; expressed concern over the lack of notification of citizens who are directly affected by the project; asked if the new roadway is part of an agreement with developers; and requested that a vote not be taken until all the questions have been answered. Duke Hamilton, 6401 Westchester Circle North, expressed concern that the proposed roadway will dump traffic onto Turners Crossroad and then out to Glenwood Avenue and Highway 55 and feels this will cause more of a traffic bottleneck than it already does. Chris Farris, 15 Turnpike Road, asked if the traffic will be rerouted by his house; and if multi -family homes will be built on the excess land at the site. Regular Meeting of the City Council October 20, 1998 Page 7 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Amy Rosen, 205 Idaho Avenue North, feels that Laurel Avenue should be closed at Turner's and that no through traffic should be allowed into the area; feels the area should not be an access to commercial area along 1-394 and commercial traffic should be kept on Laurel Avenue and they should use the freeways and highways to get to where they need to. Helen Ekman, 440 Cloverleaf Drive, expressed concern over the cutting of trees throughout the City with the development that has occurred and feels this project will increase the loss of trees in the area. Amy Essma, 4429 Beard Avenue South, runs the Crossroad and Colonial Apartments and expressed concern about the safety of the children who live in the apartments; stated that parents are picking up kids at school and they seem to be going through the lights at Turners and Glenwood. Laurie Frakes, 5740 Laurel Avenue, asked who owns the railroad crossing behind the Laurel Avenue apartments. Wendy Ewald, Golden Valley Lutheran Child Care Center Director, 100 Turners Crossroad South; expressed concern over the safety of the children at the child care center and the children going to school, feels that Turner's and Glenwood is a dangerous intersection and feels that some small adjustments can be made to the corner such as repainting the street stripes and stated that sometimes the guards are not out there. Dan Miller, 3333 Regent Avenue North, and four other grandchildren of Clare and Katherine Miller and they represent 32 cousins and feels it would be a great injustice to remove their grandparents from their home as they go there for holidays, play cards and volleyball and sled in the winter. Bob Warner, 110 King Creek Road, asked about the cost estimates for the project and stated he wanted to get specific answers and has gotten only vague answers; and feels the road will be an extension to Highway 55 and kids will be walking home on a freeway. Gretchen Meyer, 201 Turners Crossroad South, feels something needs to be done to Turner's Crossroad; and expressed concern for safety of children and adults; stated she rarely sees any patrol cars there monitoring the traffic; asked why there were no curbs at the intersection. Regular Meeting of the City Council October 20, 1998 Page 8 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Peter Knaeble, 6001 Glenwood Avenue, stated he is concerned over the safety of children and want the Council to help solve the problem and would like the Council to get the neighborhood involved in the process. Jean Beach, 5540 Loring Lane, asked where the traffic is coming from; is it neighborhood or through traffic; feels its a mess on Turners and Glenwood and that nothing has been done to the intersection since the signals were installed; asked how the children are going to get across the proposed widened road; and asked why Breck students get help from the police crossing the streets and Meadowbrook doesn't and expressed concern over fire response time. Gloria Essma, 6670 Courtlawn Circle North, asked if there is a chance that Meadowbrook School will close; and why Turner's was not a two lane road. Nick Essma, 4429 Beard Avenue South, asked what is going to happen to the duck pond on Glenwood Avenue, is Glenwood going to be widened, and are the children north of the railroad bridge going to be able to walk to the pond to feed the ducks. Kelly Lande, 160 King Hill Road, why is there no longer a black and white area between residential and commercial areas any more, the commercial development is moving into the community and feels that Turners Crossroad should be a cul-de-sac for the neighborhood and the traffic should be diverted elsewhere. Sheila Miller, 3333 Regent Avenue North, stated that everyone knows something has to be done at Turners and Glenwood but that not all agree what needs to be done; suggested moving the mailbox, not allowing semi -trucks to go through Turners and Glenwood; asked if there is an axle limit or weight restriction on Turner's; improve the roadway and make better defined turn lanes; suggested making the sidewalks not the same level as the roadway; install speed limit signs and flashing lights by the school; change the timing of the lights differently to avoid the stacking problems; and wanted the Council to vote no until other alternates can be studied. Mike Essma, 6670 Courtlawn Circle North, Turners and Glenwood are a concern; is this road an opportunity to bring in more commercial and industrial development; the problems are not hard to solve. Bill Schroers 721 Turners Crossroad, the traffic is coming, but let's take it out of the residential area and put the traffic back into the commercial/industrial area where it belongs. Regular Meeting of the City Council October 20, 1998 Page 9 Continued Public Hearing - Comprehensive Plan Amendment - Transportation Section - Continued Vince Sider, 3721 Quebec Avenue South, doesn't understand why Xenia needs to be extended, feels that a dual turn lane up the center of Turners' would solve a lot of the problems; it would get the people on the east side into driveways, and solve problems of fire trucks. Clarence Green, 300 Turners Crossroad, owns 5740 Laurel Avenue, was born at that property and asked why not use the railroad right-of-way property for the road. Clare Miller, 5720 Laurel Avenue, asked about timing of signing a purchase agreement and why they don't have more time to decide to sign the agreement. The Mayor closed the public hearing. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 98-75 RESOLUTION AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO PROVIDE FOR AN EXTENSION OF XENIA AVENUE AND TO SHIFT THE COLLECTOR ROUTE DESIGNATION FROM TURNER'S CROSSROAD ONTO XENIA AVENUE The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, and LeSuer; and the following voted against the same: Micks; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. MOVED by Bakken, seconded by Micks and motion carried unanimously to request staff make a recommendation to Council on how to involve the school district and interested residents in the process for the extension of Xenia Avenue and the formation of an advisory committee. *Receipt of September 1998 General Fund Budget Report MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the September 1998 general fund budget report. Regular Meeting of the City Council October 20, 1998 Page 10 *Call for Informal Public Hearing - Ordinance Amendment - Adoption of 1997 Uniform Building Code with State Amendments -11/14/98 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to call for an informal public hearing to consider an ordinance amendment regarding adoption of 1997 Uniform Building Code with state amendments for November 14, 1998. *Call for Administrative Hearing - Tobacco Sale Violation - Metropole Restaurant - 11 /4/98 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to call for an administrative hearing to consider an appeal of sanctions for violating the tobacco sale ordinance at the Metropole Restaurant, 604 North Lilac Drive on November 4, 1998. *Receipt of Lockup Inspection Report MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the lockup inspection report *Authorization to Sign Amended Legal Services Agreement with Rondoni, MacMillan & Schneider, Ltd. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the amended legal services agreement with Rondoni, MacMillan & Schneider, Ltd. *Call for Public Hearing - Golden Hills Redevelopment and Tax Increment Plans - 12/1 /98 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to call for a public hearing to consider amendments to the Golden Hills Redevelopment and Tax Increment Plans for December 1, 1998. Authorization to Sign Amended Agreement with Waste Management -Savage for Recycling Collection Services Council Member Micks asked about the agreement. William Joynes answered questions about the agreement. MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the amended agreement with Waste Management -Savage for recycling collection services through December 31, 2000. Regular Meeting of the City Council October 20, 1998 Page 11 Authorization to Hire Barr Engineering Company to Investigate Soil Conditions at Honeywell Property (Sandburg Road at Louisiana Avenue) William Joynes and Jeannine Clancy reviewed the item and answered questions from the Council. MOVED by Micks, seconded by Bakken and motion carried unanimously to authorize Barr Engineering Company to perform an environmental investigation on a portion of the Honeywell property located south of Sandburg Road at Louisiana Avenue for an amount not to exceed $43,700. Announcements of Meetings The next City Council Meeting is November 4, 1998. The Surface Water Management Plan Advisory Committee will be presenting their report at that meeting. Set Date for Budget Workshop The Council set November 5, 1998 at 5:30 p.m. in the Council Conference Room at City Hall as the date for the Budget Workshop. Mayor and Council Communications Mayor Anderson requested Council Members to notify staff if they plan on attending the Association of Metropolitan Municipalities Policy Adoption Meeting to be held on November 12, 1998. Appointment to Human Services Foundation, Human Rights Commission and Board of Zoning Appeals and Presentation of Certificates of Appointment MOVED by Bakken, seconded by LeSuer and motion carried unanimously to make the following appointments: Lori Heilman Human Services Foundation 4/1/00 Bruce Royce Human Rights Commission 3/1/99 Don Hughes Board of Zoning Appeals - Alternate 4/1/99 Mayor Anderson presented Lori Heilman and Bruce Royce with a Certificate of Appointment, City mug and pins. Regular Meeting of the City Council October 20, 1998 Page 12 Human Services Foundation Annual Report Jeff Hanson, Human Services Foundation, reviewed the funding report and answered questions from the Council. MOVED by Bakken, seconded by Micks and motion carried unanimously to receive and file the 1999 Allocation Report, and approve sending the allocation letter to the organizations involved. Establishing the Black History Committee as a Human Rights Commission Subcommittee Mayor Anderson introduced the agenda item. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-86 RESOLUTION ESTABLISHING THE BLACK HISTORY COMMITTEE AS A HUMAN RIGHTS COMMISSION SUBCOMMITTEE 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, Bakken, Johnson, LeSuer; and Micks; 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. Adjournment The Mayor adjourned the meeting at 12:10 a.m. �h' Z. ad.� Mary E. Knderson, Mayor ATTEST: 3'X4�-fid&z J I Nally, dministrative ecretary