Loading...
05-18-99 CC Minutes Regular Meeting of the City Council May 18, 1999 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 18, 1999 at 6:30 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. *Thank You Letter from William Anderl Regarding Street Repairs MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the thank you letter from William Anderl, dated April 29, 1999 regarding street repairs. *Thank You Letter from Louise Smith Regarding Spring Brush Pick-up MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the thank you letter from Louise Smith, dated May 6, 1999 regarding spring brush pick- up. Request by City Looks Salon to Discuss the Massage Licensing Ordinance Cheri Ross, City Looks Salon, reviewed her request that the Council amend the City Code to allow for massage services to be performed in professional salons. She reviewed the licenses that she and her staff hold through the State and her plans for the expansion of services at her salon. William Joynes stated the original massage ordinance was designed to be a protective ordinance; that now massage is more acceptable as part of a holistic health approach; and stated he has discussed this with the Director of Public Safety and he is not opposed to making the licensing more flexible. Allen Barnard reviewed the process for conducting the public hearing. Staff was requested to review and prepare an amendment to the City Code regarding massage licensing for consideration at the June 1, 1999 meeting. Regular Meeting of the City Council May 18, 1999 Page 2 Petition Supporting the Valley Community Presbyterian Church Request for Reduction in Sound Wall Height MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the petition, received May 14, 1999 supporting the Valley Community Presbyterian Church request for reduction in sound wall height. Approval of Minutes: Council/Manager Meeting - April 13, 1999; Special Council Workshop on Housing -April 27, 1999 and City Council Meeting - May 4, 1999 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the Council/Manager Meeting minutes of April 13, 1999; the Special Council Workshop on Housing for April 27, 1999 as submitted; and approve the City Council Meeting minutes of May 4, 1999 as amended: Public Hearing - Preliminary Design Plan Approval - General Mills, Inc. - PUD #83 - add sentence - Staff was requested to provide information to the Council on the agreement for the trail use on the General Mills property. Approval of Agenda MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the agenda of May 18, 1999 as amended: Addition of Letters and/or Petitions - Petition Supporting Valley Community Presbyterian Church Request for Reduction in Sound Wall Height; Under Manager's Item - Approval of Agreement with Northern States Power for Work Related to Xenia Avenue Extension. Approval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda as submitted. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of license #17429 to #17449 and #7174 to #7175. Regular Meeting of the City Council May 18, 1999 Page 3 *Gambling License Exemption - Fraser Community Services MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption for Fraser Community Services. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Human Services Foundation -April 12, 1999 Planning Commission -April 19, 1999 Informal Public Hearing - Trunk Highway 100 Sound Wall Height - Vicinity of Valley Community Presbyterian Church - 3100 Lilac Drive North Mayor Anderson removed herself from the table during the discussion and voting on this item due to a potential conflict of interest. The Mayor Pro Tern opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Brian Rushe, Valley Community Presbyterian Church, stated he is a member of the Church, member of their Board of Directors and served on the Church Highway 100 Task Force; showed pictures of what the wall will look like at various heights; reviewed their request to lower the sound wall from 10 feet to 6 feet along the Church property, reviewed Church activities and reasons the Church would like to see the height lowered. Jim Hansen, MnDOT; and Ron Rauchle, MnDOT; presented information about the Highway 100 plans and answered questions from the Council and public. Jim Husnik, 5205 Triton Drive, expressed concern over the noise, his house doesn't have air conditioning and has noticed an increased in the noise over the years, asked about the traffic projections; stated he just found out about the meeting; he went around and spoke to nineteen neighbors in his area and asked if they knew about the meeting and if they agree the wall should be reduced, reviewed the survey and results; asked if they did any studies about the noise level further away from the sound wall and presented his hand written survey to the Council. Tim Williams, 5330 Lowry Terrace; feels the sound wall will not effect how members get to the Church; asked what the sound levels mean; feels that going from 2 lanes to 3 lanes of traffic will increase the noise; doesn't feel the lowering of the wall will be aesthetically pleasing; asked about putting landscaping on the side of the Church. Regular Meeting of the City Council May 18, 1999 Page 4 Informal Public Hearing - Trunk Highway 100 Sound Wall Height - Vicinity of Valley Community Presbyterian Church - 3100 Lilac Drive North - Continued Lois Richter, 5385 Triton Drive, stated she lives across the street from the Church and is opposed to lowering the sound wall. Fred Olson, 3050 Linden Terrace; submitted a petition opposing the lowering of the wall, suggested the Church advertise the services they provide. Gar Anderson, 5325 Lowery Terrace; stated that everyone knew Highway 100 was there when they moved in the area; feels the Church has been a good neighbor; supports the reduction of the noise wall; and feels they will be more affected by the noise during construction than after the road is completed. Ray Worsmsbecker; 3200 North Lilac Drive, represents his Mother who lives at the house; stated the noise has increased; and feels it will increase even more; feels the Church is a commercial operation in a residential area; asked to be shown a site along a highway that he can hear the difference between the various sound levels and has not been informed of a site so he can determine for himself of the difference in noise; feels the wall should be 20 feet along the whole area and is opposed to lowering the wall to six feet. Jay Eisenberg, 1119 Welcome Avenue North; has some concern over the decibel readings and the reliability of the model that was shown at a previous meetings; has concerns over the 20 year projections; suggested the Church put up a pylon sign to advertise their Church. Deborah Forte!, Pastor, stated the Church used a mailing list from the City for the meeting notifications; the landscaping is being offered by the Church as an attempt to be a good neighbor to help mitigate the noise; the difference between a six foot wall and ten foot wall is minimal; and asked the Council to support their request. Kathy McDonald, 3065 Glenden Terrace; stated there is a lot of traffic on Highway 100, 24 hours a day, stated you can hear the traffic in the middle of the night; can't sleep with the windows open and is opposed to the noise wall reduction. John Giese, 5545 Golden Valley Road; stated he has a similar situation down the road with businesses and would give anything to get a 10 foot wall; stated that they don't have any wall at all planned for his neighborhood; and feels the decisions the Council makes today will effect future decisions. Regular Meeting of the City Council May 18, 1999 Page 5 Informal Public Hearing - Trunk Highway 100 Sound Wall Height - Vicinity of Valley Community Presbyterian Church - 3100 Lilac Drive North - Continued Troy Schoenberg, 3218 North Lilac Drive; concerned over decibel readings at the homes; concerned for 65 decibel standards; stated the readings are done with the speed at 55 miles per hour; and feels that the traffic moves at least 65 or 70 mph and there will be more of an increase. Patti Hansen, 5300 Lowry Terrace; opposed to the wall being lowered to six feet; feels they should not be able to lower the wall just to make the Church more marketable; asked if the Church has looked at other options; feels the best solution would be to have it at 20 feet. Mark Hansen, 5300 Lowry Terrace; expressed concern over the modeling procedures. Betty Brooking, 3270 Quail Avenue North, asked if the Church would have to get a permit for a bigger sign. The Mayor Pro Tern closed the public hearing. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 99-38 RESOLUTION FOR SOUND BARRIER/NOISE WALL BETWEEN T.H.100 AND VALLEY COMMUNITY PRESBYTERIAN CHURCH 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: Bakken, Johnson, and LeSuer; and the following voted against the same: Micks, and the following abstained: Anderson; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearing - Comprehensive Plan Amendment- General Land Use Plan Element Kevin McAleese, Planning Commission, reviewed the amendment and answered questions from the Council. Mark Grimes, Director of Planning and Development; reviewed the amendment 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. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council May 18, 1999 Page 5 Public Hearing - Comprehensive Plan Amendment- General Land Use Plan Element- Continued Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 99-39 RESOLUTION FORWARDING THE LAND USE ELEMENT OF THE GOLDEN VALLEY COMPREHENSIVE PLAN AND ITS SUPPORTING TECHNICAL BACKGROUND REPORT FOR REVIEW AND COMMENT BY OUTSIDE AGENCIES INCLUDING THE METROPOLITAN COUNCIL 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, 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. Public Hearing - Resolution Providing for the Issuance and Sale of up to $30,000,000 Revenue Bonds (Covenant Retirement Communities, Inc., Project) Series 1999A and Authorizing Execution and Delivery of Various Documents Don Taylor, Finance Director, introduced the agenda item. Steve Roscholt, Fagre & Benson; was available to answer 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 99-40 RESOLUTION PROVIDNG FOR THE ISSUANCE AND SALE OF UP TO $30,000,000 REVENUE BONDS (COVENANT RETIREMENT COMMUNITIES, INC. PROJECT) SERIES 1999A AND AUTHORIZING EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY The motion for the adoption of the foregoing resolution was seconded by Member Johnson 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. Regular Meeting of the City Council May 18, 1999 Page 6 Informal Public Hearing - Ordinance #202 - Adoption of Amendment to 1998 State Building Code - Facilities for the Handicapped The following ordinance was MOVED by Bakken, seconded by LeSuer: ORDINANCE NO. 202, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the State Building Code Regarding Facilities for the Handicapped Mark Kuhnly, Chief of Fire and Inspections, 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. MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve Ordinance #202, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN -YES JOHNSON -YES LESUER - YES MICKS - YES *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the beer and/or wine at Brookview Park. Authorization to Hire Short Elliott Hendrickson for Concept Design for Minnaqua Pond Jeannine Clancy introduced the agenda item and answered questions from the Council. William Joynes answered questions from the Council. MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize the City Manager to sign the contract with Short Elliott Hendrickson Inc. for services related to the Minnaqua Pond for an amount not to exceed $29,450.00. Staff was requested to notify the neighborhood the Council has authorized the concept design process and they will be contacted by Short Elliott Hendrickson. Regular Meeting of the City Council May 18, 1999 Page 7 Authorization to Hire Short Elliott Hendrickson for Engineering Services for Sidewalk Improvements Along Winnetka Avenue South and Laurel Avenue Jeannine Clancy introduced the agenda item and answered questions from the Council. William Joynes answered questions from the Council. MOVED by Bakken, seconded by LeSuer and motion carried unanimously to authorize the City Manager to sign the contract with Short Elliott Hendrickson Inc. for services related to Winnetka Avenue and Laurel Avenue sidewalks in an amount not to exceed $50,350.00. Bids -Xenia Avenue and Turner's Crossroad Reconstruction - 99 SI 1 William Joynes introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Bakken and motion carried to award the bid for 99 SI 1 to the lowest responsible bidder, to Thomas and Sons for $2,988,711.55. Council Member Micks voted no. The bids are as follows: C. S. McCrossan $3,270,516.99 Carl Bolander & Sons 3,257,497.59 Thomas & Sons 2,988,711.55 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to refer the alternative designs for the intersection of Glenwood and Xenia Avenue back to the Xenia Avenue Advisory Committee. Approval of Agreement with Northern States Power for Work Related to Xenia Avenue Extension Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Bakken, seconded by Johnson and motion carried to approve the agreement with Northern States Power for work related to the Xenia Avenue extension for $87,212.00. Council Member LeSuer abstained due to a potential conflict of interest. Council Member Micks voted no. Announcements of Meetings Mayor Anderson stated there will be an Arbor Day Event on May 19, 1999 at Parkvalley School. Regular Meeting of the City Council May 18, 1999 Page 9 Announcements of Meeting - Continued The Association of Metropolitan Municipalities Annual Meeting will be held on Thursday, May 20, 1999 at the Maplewood Community Center. The next City Council Meeting is June 1, 1999. The Northwest Hennepin Human Services Council Annual Meeting will be held on June 3, 1999. Announcements of Meetings - Reset August 3 City Council Meeting (National Night Out) Mayor Anderson introduced the agenda item. MOVED by Johnson, seconded Bakken and motion carried unanimously to reset the August 3, 1999 City Council Meeting to August 2, 1999. Mayor and Council Communications Mayor Anderson and Council Member LeSuer met with the Directors of CASH, Northwest Hennepin Human Services Council and Southwest Hennepin Human Services and the issue related to SKIP and their proposed human services collaboration. Mayor Anderson met with Karen Dewar our Metropolitan Council Representative on May 18, 1999 and reviewed the Housing Plan and support for transit; and stated a meeting with staff from the Metropolitan Council and City will be set in the future. Mayor Anderson stated MnDOT continues to work on alternatives to sound walls in the Golden Valley area. They will be in touch with our staff and the neighborhoods on their alternative proposal. Mayor Anderson and Council Member LeSuer have met with the League of Women Voters on the issues raised in their letter and the Mayor is circulating a draft of the notes she took of the meeting and when the notes are finalized she will distribute them to the Council and they can set a time to discuss the League concerns and requests. *Proclamation for Arbor Day and Month MOVED by Johnson, seconded by LeSuer and motion carried unanimously to proclaim May 19, 1999 as Arbor Day and May as Arbor Month. Regular Meeting of the City Council May 18, 1999 Page 10 Response to John Heubach Jeannine Clancy reviewed the staff report on the relocation of the job trailer and storage area for the pavement management program and answered questions from the Council. John Heubach, 5510 Phoenix Street, stated that he spoke to the owner of the property on Lindsay Avenue and relayed the conversation regarding the use of the site by Thomas & Sons. Tammy Heubach, 5510 Phoenix Street, stated she is the owner of the daycare; she is up for relicensing by Hennepin County and stated the site is loud, stinks, and interrupts her business; and she reviewed the concerns and suggestions made by Hennepin County regarding her daycare site. The Council directed staff to meet with the Heubach's to respond to their concerns. Adjournment The Mayor adjourned the meeting at 10:00 p.m. * g / !i Mary E.Verson, Mayor ATTEST: Ittâ– i i ( 1/71 / / 6 1 J . Nally,el.ministrative / retarY