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07-21-92 City Council MinutesRegular Meeting of the City Council July 21, 1992 • 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 21, 1992 at 6:30 PM. The following members were present: Bakken, Johnson, Russell, Stockman and Thompson. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works (arrived 6:55 PM); Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meeting - June 16, 1992 MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the City Council minutes of June 2, 1992 as submitted. Approval of Agenda MOVED by Thompson, seconded by Russell and motion carried unanimously to approve the agenda of July 21, 1992 as amended: Addition of Departmental Item - Authorization to Hire Insituform Central, Inc. to Provide Repair Services - 91 SI 1 - Westwood Drive, Ravine Trail to Glenwood; Westwood Lane and Strawberry Lane. Approval of Consent Agenda MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding Organizational Items - Bills and Claims, and Licenses: #14345 - #14351 and #6048. *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of license #14345 - #14351 and #6408. *Gambling License Exemption - Church of St. Margaret Mar MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the gambling license exemption for the Church of St. Margaret Mary. *Taxi Driver Licenses MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the taxi driver licenses as recommended by staff. L3 Regular Meeting of the City Council July 21, 1992 Page 2 '0 *Minutes of Boards and Commissions MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - May 21, 1992 Public Hearing - 91 SI 2, Lilac Drive, Turner's Crossroad to Cloverleaf Drive Fred Salsbury presented the project. 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 Stockman introduced the following resolution and moved its adoption: RESOLUTION 92-59 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 91 SI 2 (LILAC DRIVE, TURNER'S CROSSROAD TO CLOVERLEAF DRIVE) The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor • thereof: Bakken, Johnson, Russell, Stockman and Thompson; and the following and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 92-60 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 91SI2 (LILAC DRIVE, TURNER'S CROSSROAD TO CLOVERLEAF DRIVE) The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, Stockman and Thompson; and the following and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. • Regular Meeting of the City Council July 21, 1992 Page 3 Public Hearing - Alley Vacation - Block 12, Lakeview Heights 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 92-61 RESOLUTION FOR ALLEY VACATION - BLOCK 12, LAKEVIEW HEIGHTS The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, Stockman and Thompson; and the following and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Continued Public Hearin - First Consideration - Ordinance #94 - Flood Plain Management and Zoning District William Joynes introduced the agenda item. a 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 Johnson, seconded by Thompson and motion carried unanimously to cancel the public hearing and recall the public hearing after the ordinance has been reviewed by the DNR and the Bassett Creek Water Management Commission. *Letters from Kirk Brown, Twin Cities Tree Trust Regarding Park Projects MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letters from Kirk Brown, dated June 26, 1992, regarding the park projects. *Letter from Ken Hedberq Reqardinq Flood Plain Ordinance MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Ken Hedberg, dated July 10, 1992, regarding the flood plain ordinance. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Stockman, seconded by Johnson 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 July 21, 1992 Page 4 40 Approval of 1993 Budget Calendar William Joynes introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the 1993 Budget Calendar. Authorization to Sign Cooperative Agremeent with MnDOT - 91 SI 2 - Lilac Drive Fred Salsbury introduced the agenda item. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 92-62 RESOLUTION ENTERING INTO COOPERATIVE CONSTRUCTION AGREEMENT WITH STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF LILAC DRIVE NORTH, FROM TURNER'S CROSSROAD NORTH TO CLOVERLEAF DRIVE 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: Bakken, Johnson, Russell, Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *June, 1992 General Fund Budget Report MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the June, 1992 General Fund Budget Report. Recommendation for Environmental Stud - Dahlberg Drive Fred Salsbury and Jeanne Andre, Assistant to the Manager, reviewed the staff recommendation and answered questions from the Council. MOVED by Thompson, seconded by Johnson and motion carried unanimously to enter into a contract with Barr Engineering to conduct further study of contamination in the North Wirth Development Area as submitted in their proposal dated June 29, 1992, addressing the concerns of the Minnesota Pollution Control Agency in their letter dated May 19, 1992. *Request from Cellular Brokers for Balloon Sign MOVED by Stockman, seconded by Johnson and motion carried unanimously to grant the request from Cellular Brokers to install a 30' inflatable roof -top ballon on July 23 - 25, 1992 at their building located at 6210 Wayzata Boulevard. *West Suburban Mediation Center Second Quarter Report MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive . and file the West Suburban Mediation Center second quarter report, dated July 13, 1992. C, r Regular Meeting of the City Council July 21, 1992 Page 5 *Authorization to Sign CDBG Year XVIII Subrecipient Agreement Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 92-63 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 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: Bakken, Johnson, Russell, Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Authorizati Fred Salsbury introduced the agenda item. to Provide Repair Services - MOVED by Johnson, seconded by Russell and motion carried unanimously to provide trenchless sewer repair on Strawberry Lane and Westwood Drive (Maddaus Lane to Glenwood Avenue) from the only bidder, Insituform Central, Inc. for $44,100.00. Announcements of Meetings No action taken. Mayor's Communications The Council discussed the progress being made on the Habitat for Humanity and Calvary Church homes on the Ewald Dairy site. Appeal of Board of Zoning Appeals Decision - 5320-5410 Wayzata Boulevard William Joynes reviewed the history of the site, the status of the liquor license for Restaurant Ventures One and how it effects the site, and answered questions from the Council. Herb Polachek, Chair, Board of Zoning Appeals, and Lloyd Becker, Director of Zoning and Community Services reviewed the discussion and action taken at the BZA meeting. Bob Mitchell, attorney representing Capital City Investments, updated the Council on their proposed plans for the site, and their request for an appeal from the Board of Zoning Appeals denial. Allen Barnard reviewed his opinion on the appeal and answered questions from the Council. Regular Meeting July 21, 1992 Page 6 of the City Council Appeal of Board of Zoning Appeals Decision - 5320-5410 Wayzata Boulevard - ontinued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Harry Shapiro, 5231 Circle Down, asked if the restaurant will be legal and non- conforming, what the future plans for the restaurant are and stated that when the restaurant is busy he can't get in or out of Circle Down because of people park their cars and block the intersection. Maurice Goldman, 5307-11 Circle Down, had questions regarding the alley, if people could park their cars on his property, stated the fence they installed is not maintained and is in disrepair, if their are any future plans for development in the area. Christina Brown, 5011 Circle Down, asked if the Colonnade will be used for parking in the future, asked what happens to stores that will be torn down, and how many available parking spaces will their be. The Mayor closed the public hearing. MOVED by Thompson, seconded by Johnson and motion carried unanimously to grant the variance request of City Code, Section 11.30, Subd 7, Yard Requirements, to permit parking within the required setbacks in those areas abutting the alley acquisitions by Minnesota Department of Transportation (MnDOT) on the south side of the north parking lot and at the northeast corner of the south parcel parking lot. MOVED by Johnson, seconded by Thompson and motion carried unanimously to take no action on variance request of City Code, Section 11.30, Subd 6.F, because it is not necessary as a pre-existing legal non -conforming use. The Council requested that the opinion of the City Attorney, dated July 17, 1992 be included and attached as part of the minutes. MOVED by Russell, seconded by Johnson and motion carried unanimously to call for an administrative hearing to consider revoking the liquor license for Restaurant Ventures One for August 18, 1992. Adjournment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 7:55 PM. ATTEST: 0 VIN J d al d 1strat ve Secretary MEMORANDUM 40 TO: CITY COUNCIL, CITY OF GOLDEN VALLEY FROM: CITY ATTORNEY DATE: July 17, 1992 RE: Capital City Investments Appeal from BZA On May 12, 1992, Capital City Investments appeared before the BZA seeking certain variances. Two of the variances were granted and two were denied. Capital City Investments is now appealing the two denials to the City Council. The first denial which is appealed involves the request that applicant be permitted to place parking spaces on the north parcel immediately adjacent to the north parcel's south lot line adjoining the east -went alley and not conform to the setback and landscape requirements. in addition, the same request is made with respect to the northeasterly corner of the south parcel in the same alley. In my opinion this request for a variance should be granted for the following reasons: 1. It was a nonconforming use pursuant to Section 11.90, subd. 2 of the City Code. 2. The immediate need for a variance was caused by the acquisition by MnDOT of a 10 foot strip and Section 11.900 subd. 4, B(4) provides that a lot owner in such a situation is entitled to a variance as follows: *When either the City, Hennepin County or the State of Minnesota creates a nonconforming setback by acquiring a portion of the lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback so created." The second appeal regards a variance from the now required 613 on-site parking spaces to the existing 436 on-site parking spaces. in my opinion, this variance should be granted because it constitutes a nonconforming use under Section 11.90, subd. 2 of the City Code. It is my understanding that the requirement of 613 parking spaces was created by the creation of a new restaurant zoning classification after the Ruperts nightclub, American Cafe, etc. had already been approved and was operating. Accordingly, it is a nonconforming use.* 40 *Note that in my opinion this variance was unnecessary; however, since the request was denied by the ZZA, it should now be granted to keep the record clear.