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02-11-02 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, February 11,2002 7:00 P.M. I. Approval of Minutes - December 17,2001 Planning Commission Meeting -- Short Recess -- II. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings III. Other Business A. Presentation of new Golden Valley Commission Guidelines. B. Mark Grimes report on City Council retreat - February 9, 2002. C. Review of Planning Commission work completed in 2001 and discussion of 2002 Work Plan. IV. Adjournment ,~ . . . Regular Meeting of the Golden Valley Planning Commission December 17, 2001 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, December 17,2001. Chair Pentel called the meeting to order at 7:00 PM. I. Those present were Chair Pentel and Commissioners Eck, Gro and Shaffer. Also present were Director of Planning and Dev City Planner Dan Olson, and Recording Secretary Lisa Wi Rasmussen was absent. n, McAleese rk Grimes, sioner Approval of Minutes - November 26, 2001 PIa ission Meeting MOVED by Hoffman, seconded by Eck and m November 26, 2001 minutes as submitted. animously to approve the II. Informal Public Hearing- Gen Plan Map Amendment Applicant: Address: , Block 2 Spring Green South Addition (5411 en Valley, MN Purpose: nt is requesting to change the General Land Use Plan ,~ Circle Down from Semi-Public Facilities to Office so ding can be occupied by an attorney's office. III. aring - Rezoning of Property located at 5411 Circle Carlson Brown Investments Lots 1, 2, 3, and 4, Block 2 Spring Green South Addition (5411 Circle Down), Golden Valley, MN Purpose: The applicant is requesting to rezone the property from Institutional (1-3) zoning district to Business and Professional Offices zoning district so that the building can be occupied by an attorney's office. Grimes showed the location on a site map and stated that the applicant would like to convert the vacant nursing home located at the intersection of Circle Down and Turners Crossroad to offices. He stated that in order for the applicant to do what they are proposing the General Land Use Plan Map has to be amended, the property has to be t Minutes of the Golden Valley Planning Commission December 17,2001 Page 2 -" , . rezoned from Institutional to Business and Professional Offices and variances have to be granted because the Zoning Code does not permit rezoning a parcel of land if it doesn't comply with the requirements of the zoning district it is proposed to be rezoned to. He stated that the Board of Zoning Appeals had already granted the requested variances as if the property were zoned Business and Professional Offices. Grimes discussed the history of the building and several of the add" s that have been added to the building. He stated that the building is approximat square feet in size with a small basement area, which will only be used for stated that the site is about 1.5 acres in size and has about 412 feet of ircle Down. He stated that the applicant is proposing to access the si the Turners Crossroad driveway into the parking lot and that there i Circle Down but he hoped the applicant would direct people by signage e urners Crossroad access in most circumstances. He stated that the a~ would be making some changes to the site to add additional parking. Grimes compared the differences between th nce of an office building versus an institutional use and how the use wo sidential neighborhood to the north and the apartments to the east. at the traffic generation would be relatively little and would not create c an when the building was a nursing . home. He discussed parking for stated that he has suggested to the applicant that there be no parki irc e Down. ;,~ applicant is going to own the building or if they are going to be ere was a need for any screening along Circle Down. Grimes stated he applicant would own the building and that the biggest complaint has been t ffic and parking on Circle Down and that there is a 35-foot green area in front that is well landscaped. the Institutional Zoning district and stated that Id go in at this site and that the type of clients on the . He stated that this type of office use would blend in rom a performance standpoint it would have less of an nursing home. He recommended approval of the Plan Map oning. Grimes discussed the per any type of residential fa site is a concern to th well with the neighbor impact on the ar Amendment Pentel asked if there would be a problem with accessing the dumpster in the area they are proposing. Grimes stated that would be a question for the applicant, but that the trash would probably only be picked up a couple times per week and not everyday like it probably was at the nursing home. Jeff Carlson, 8085 Wayzata Boulevard, applicant came forward. . . Minutes of the Golden Valley Planning Commission December 17,2001 Page 3 Pentel asked the applicant to discuss what types of tenants they would lease their additional space to. Carlson stated that they intend to lease their additional space to a business with a similar office use and the same office hours. Pentel asked if there would be separate entrances for the tenants to use. Carlson referred to the site plan and discussed the area in the building that is going to be occupied by Brown & Carlso nd stated there would be an entrance to the rear of the building or to the south 0 . ing for the other tenants to use. Pentel discussed the parking variance that was granted and referred to a letter the Planning Commission receiv concerned about the use of the building and the type of & Carlson. Zoning Appeals ghbor who was g served by Brown . Carlson stated that they would occupy the m very selective about who they lease the rest want to lease to a business that has a v that would affect their own parking us occupy the whole building and stat and that the feedback they recei e building and that they can be e to. He stated that they don't ancy or a lot of traffic because that it is their goal to eventually ad a meeting with the neighborhood . ive. Pentel asked about thelogi the way the trash enclos plans is the easiest way f wants it configured di to the garbage h~,uler stated that the ma' existing build' rash enclosure. Carlson stated he believed that e ed by the architects, and shown on the site sh company to remove the garbage, but if the City would be willing to move it. Pentel suggested he talk .heir input as to where they would like it to be. Grimes ed to build the trash enclosure would have to match the plicant about the lighting on the site. Carlson discussed the n e site and stated that any new lighting added would follow code. e Planning Commission could recommend that any new lighting be directed a rom the apartments to the east. Grimes stated that recommendation could be made a part of the motion but it is a normal code requirement and the Commission is not really looking at the building itself as a part of this proposal. Pentel opened the public hearing. Seeing and hearing no one, Pentel closed the public hearing. . MOVED by Hoffman, seconded by Groger and motion carried unanimously to approve the change to the General Land Use Plan Map for 5411 Circle Down from Semi-Public Facilities to Office so that the building can be occupied by an attorney's office. Minutes of the Golden Valley Planning Commission December 17, 2001 Page 4 ~ I . MOVED by Eck, seconded by Groger and motion carried unanimously to rezone the property from Institutional (1-3) Zoning district to Business and Professional Offices Zoning district so that the building can be occupied by an attorney's office. Approved with the conditions that are listed in City Engineer, Jeff Oliver's memo dated November 21,2001. -- Short Recess -- No other business was discuss Reports on Meetings of the Housing and Redevelop Council, Board of Zoning Appeals and other Mee .49 rity, City IV. Eck reported he had attended the City Council Meeting Planning Commission was complimented on the goodj 3, 2001 and the Hoffman reported he had attended the HRA M Pentel reported she had attended the Board where they discussed the variance requ ppeals on December 11, 2001 ircle Down. V. Other Business . VI. Adjournment The meeting was adj . ,~ . CURRENT GOLDEN VALLEY STANDING COMMISSIONS AND BOARDS: .'r . The Golden Valley City Council currently has four standing advisory commissions. They are: Environmental Commission Human Rights Commission Open Space and Recreation Commission Planning Commission There is one advisory foundation: Golden Valley Human Services Foundation The Civil Service Commission is an independent commission that has absolute control and supervision over the employment, promotion, discharge, and suspension of police officers of the Public Safety Department. The Board of Zoning Appeals hears requests for variances from the city zoning code. The Building Board of Review advises and assists administrative officers of the city on building codes and the issuance of building permits. . Short term advisory committees are appointed as needed The attached Guidelines for Advisory Commissions, Boards and Committees apply to each of these groups as appropriate and as permitted by the laws and ordinances which establish them. . 1 ~ . CITY OF GOLDEN VALLEY ill .i.i, Guidelines for Advisory Commissions, Committees, Boards and Councils l . The City Council wishes to express its appreciation to the many citizens who take time away from their personal and professional lives to serve the community through their membership on the Council's advisory groups. Golden Valley has had a history of extensive citizen involvement. At present approximately 60 advisory commission, board, and committee members participate in providing specialized expertise so that Council decisions can be made with more complete background and knowledge than would otherwise be possible. The Council and the entire community benefit from this invaluable service. Golden Valley is a Statutory city. The legislature established it as a city in the early 1970's. The State Statues provide: "In any such city, there shall be.. .no administrative board or commission...the Council shall itself perform the duties and exercise the powers and shall govern and administer the functions for which no independent boards are authorized by statute. The Council, may, however, create boards or commissions to advise the Council with respect to any municipal function or activity or to investigate any subject of interest in the City." This Council, and others before it, recognizes the many advantages to be gained from this approach. The purpose of this document is to provide guidance to the Council's advisory commissions. The Councn is directly responsible for the actions of its advisory commissions. It is hoped that through these guidelines the expectations of the Council, with respect to its advisory commissions will be clearly understood and followed. The Mayor and Council Members welcome any request for discussion or clarification of information that is contained or thought appropriate to be contained in these guidelines. The goals of the Council are better communication with. is advisory commissions and better service to the citizens of Golden Valley . I. LEGAL BASIS OF ADVISORY COMMISSIONS As stated above the State Statutes govern the creation of Council advisory groups. These groups are authorized to exercise all duties which the Council has legally assigned to them. They are frequently authorized to conduct investigations and make recommendations. It should be remembered, however, that advisory commissions may not make decisions on behalf of the Council. In many cities, it is routine practice for the Council to accept an advisory commission recommendation if the commission has done a thorough and competent job. It must be emphasized, however, that it is the Council's final decision on the matter and not simply the commission recommendation which is effective to bind the municipality. No recommendation of any advisory commission takes effect unless it has been adopted by formal action of the Council. These advisory commissions may be organized in any manner deemed appropriate by the Council. The City Council may create and dissolve them, appoint persons to serve on them, and exercise powers of general supervision over them. A Planning Commission, however, must be established by ordinance and, once established may be dissolved only by an . ordinance, which passes, by 2/3 majority vote of the Council. 2 ':" II. OPEN MEETING LAW . . . All meetings of all public bodies in Golden Valley must be open to the public. There can be no such thing as a "closed", "private", or "executive" meeting or session. The only exceptions that have been recognized in the past are certain disciplinary actions conducted by the Police Civil Service Commission and some personnel and legal matters before the Council. The Minnesota Statute requiring City Council meetings to be open to the public has been in existence for many years. A 1973 amendment and court decisions and rulings by the Minnesota Attorney General have made commissions, subcommittees, and other public bodies subject to the statute. Any person violating the open meeting requirement is subject to civil penalty. Commissions and committees should be careful to observe the requirements of holding all meetings in public places and posting notices of meeting dates and times at the City Hall. Scheduling of meetings with the Manager's Office will help prevent conflict with other groups over meeting times when public participation is particularly desired. Commission, board, and committee meetings will not be held on designated legal holidays or recognized religious holidays. Any questions regarding the meaning or application of the Open Meeting Law should be directed to the City Council. The Council will seek such advice from the City Attorney as may be necessary. . III. COMMISSION ORGANIZATION AND PROCEDURES A. Term of Office: Appointments to commissions are made effective March 1 of each year. The length of each appointment is provided in the governing ordinance or resolution and is designated by the Council at the time of the appointment. Each permanent advisory commission should elect officers not later than its second meeting after March 1 in each year. The term of office should be one year, unless otherwise specified by the Council, prior to each election. (Chairpersons of special committees shall be appointed by the Council.) Voluntary resignations from a commission should be communicated by letter from the person resigning to the Mayor. . Absences in one year should not exceed three consecutive meetings or more than 25% of the total meetings for the year. (Groups meeting once a month means three consecutive and three total. Groups meeting twice a month means three consecutive and six total. A standardized letter of warning will be sent from the respective chair to any member after two consecutive and two total for groups meeting once a month. For those meeting twice a month the letter would be sent. from the chair after two consecutive or five total. If a member exceeds the allowable number of absences the Mayor will send a standardized letter stating the member must step down because of the importance of regular attendance and the number of citizens interested in serving.) If a Commission feels there are extenuating circumstances in a case of a member who has not met the attendance requirements, the Commission may send a letter to the Council explaining the situation and request an exception. 3 B. By-Laws or Rules of Procedure: Each commission should propose By-Laws or Rules of Procedure governing its work. Such proposed By-Laws or Rules of Procedure should be submitted to the Council for prior review and approval. . It shall be the responsibility of the chairperson to provide to each new member as soon as possible after that member's appointment, a copy of the current By-Laws or Rules of Procedure, minutes of meetings of the last one year, these Guidelines, and any other information necessary to orientation of new members. (Note: Council Members who are liaison to a Commission will meet with the Chairperson and new members as part of the orientation.) C. Acting as a private citizen: A commission member testifying before the Council as a private citizen should clearly note before testimony that he/she is not representing the advisory commission on which the person serves. D. Code of Ethics: Each commission member is subject to the terms of the existing Code of Ethics ordinance, a copy of which is attached to these Guidelines. Each person to whom the code applies is responsible to read and understand them. Questions regarding the meaning or application of the Code of Ethics should be directed to the Council. If the opinion of the City Attorney is necessary or desirable, the Council will so request. E. Expenditures: Each Commission is authorized to incur those specific expenditures included in its final budget, as adopted by the Council. Any other expenditures . require specific Council approval prior to the time the obligation is incurred. F. Minutes: A person will be provided by the City to take minutes for the advisory commissions. All such minutes are matters of public record and shall be kept at the City Hall. Minutes serve the dual function of making an historical record of commission proceedings and of informing the Council regarding the commission's activities. The minutes should, therefore, contain an accurate report of the sequence of events and names of citizens who appear and are heard. In addition to the formal action of the commission, a summary of the reasoning underlying such action should be included in the minutes. G. Staff Liaison: The Council has adopted a policy of providing a staff liaison for each commission. The purpose of this policy is to provide direct information to each commission regarding City policy and practices within its area of interest. The City operates under the "Plan B City Manager" form of government, in which all employees are hired and supervised by the City Manager, who in turn is responsible to the Council. Neither the Council nor any commission member has the authority to direct staff personnel. Any commission recommendations for modification of City policy and practices should be directed to the Council. . 4 .. . H. Subcommittees: From time to time, the Council may appoint subcommittees of certain commissions in order that special attention be concentrated in specified areas. At the same time, the Council also wants the opinion of the commission regarding each subcommittee's recommendations. .. Each subcommittee should submit any report or recommendations intended for the Council, first to the Commission for review and comment. Such review and comment should take place at the next regularly scheduled meeting of the Commission. If it does not, the report or recommendation of the subcommittee shall be forwarded to the Council without Commission consent. The subcommittee report or recommendation, together with the commission's comments, should be submitted to the Council at its next regularly scheduled meeting. As in the case of commission presentations, a spokesperson for the subcommittee should attend the Council meeting and be prepared to make a presentation and answer questions. The Commission is free to appoint subcommittees of their membership as the commission sees a need. IV. COMMUNICATIONS TO AND FROM COMMISSIONS . A. Council Requests to Commissions: From time to time, the Council will refer items to commissions for recommendation. The purpose of such a referral is to assist the Council in gathering all pertinent facts and sharpening the issues. The request will be referred to the commission in writing by the Mayor. The Council would request a written report from each commission with regard to each such referral. The report should set forth all the pertinent facts and detailed recommendations from the commission. The report should be submitted to the Council Secretary the Wednesday before the Council meeting so that it may be included in the agenda. Any time a commission report comes before the Council, one representative of the commission should be present to make a presentation and answer questions. In the event there is a difference of opinion on the commission, a minority report written by the Commission may be presented in the same manner. B. Commission Requests to Council: Any commission request or recommendation for Council action or legal opinion should be communicated by letter from the chairperson to the Mayor, giving a full explanation of the background of the matter. Along with the letter, the commission should submit or refer to the pertinent portion of its minutes on the subject. . The letter to the Mayor should be delivered to the Council Secretary on the Wednesday before the Council meeting. A presentation for commission should be made by a representative from the commission. A minority report may also be presented. 5 C. Communications with those other than the City Council: Based up<;m past experience, the Council believes that there is some potential for misunderstanding regarding communications with persons and governmental units or agencies other than the City Council of Golden Valley. It is essential that members of commissions understand and observe appropriate policies and practices in this regard. t ;1 . The essential principle involved is that the Council alone has the responsibility and authority to adopt the decisions, policies, and recommendations of the City of Golden Valley. The Council values the opinions and advice of its commissions and invites the communication of the same to the Council. The Council will take such opinions and advice into account in formulating the City's official position. This method of proceeding does not preclude a commission from gathering such information as may be pertinent to its activities. Commissions are free, without prior Council approval, .to make inquiries and to give necessary background for such inquiries, but careful consideration must be given that these communications cannot be reasonably construed as statements of official City policy and opinion. The matter of distribution of information to the public is one that is not capable of specific rules of practice. In general, any such communication which purports to, or has the effect of communicating an official City position or decision, should be submitted to the Council for prior approval. Other types of communications, which are purely informational and do no involve unresolved questions of City policy, may be disseminated without prior Council approval. . Adopted by the City Council - August 6, 2001 . 6 IVISIO . urpose and om position. The purp ofthe Fund shall be to finance caRi . provements to the Ci y's public works infrastructure. Council may annuall vy taxes formaintaining the und, and may, by resolution, approp . nue not required to be used for ot er purposes. * . established. SECTION 2.71. CODE OF ETHICS FOR ELECTED OFFICIALS AND MEMBERS OF ADVISORY BOARDS AND COMMISSIONS. Subdivision 1. Policy. . A. General Declaration of Policy. It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public as well as to the persons acting in public service. The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for public officials, elected and appointed, paid and unpaid. The purpose of this Code is to establish ethical standards of conduct for such officials by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials of private, financial or other interests in matters affecting the City. The provisions and purpose of this Code are hereby declared to be in the best interests of the City. B. Responsibilities of Public Office. Public officials are agentsof public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the Nation, State and City and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office. C. Dedicated Service. All officials of the City shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. Public officials shall not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. . GOLDEN VALLEY CC 19 (6-15-98) ~ 2.71 'II. .' Subdivision 2. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all members of the Council, Committees, and members of advisory Boards and Commissions. . Subdivision 3. Fair and Equal Treatment. A. Subject to the provisions of Subparagraphs E and F below, no Council member, Commission member or Committee member, while acting as such, shall participate in the discussion of, or vote on, any issue in which such person has any direct financial interest or personal interest which arises from blood or marriage relationships. "Direct financial interest" is hereby deemed to mean such an interest as would involve a reasonable likelihood of gain having a monetary value of substance. "Blood relationships" and "marriage relationships" shall be deemed for the purposes her,eof to include only immediate family relationships of the first degree: spouse, children, mother, father, father- in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and brother-in- law. B. Notwithstanding anything to the contrary above stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four-fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes forthe State of Minnesota); provided, however, that all of such required votes by . members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure of the same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the subject matter). C. Subject to the provisions of Subparagraphs E and F below, if a Council member, Commission member or Committee member has a financial interest in a business, investment, or transaction, which has a matter pending before the Council, Commission or Committee of which such person is a member, such person shall not participate in the discussion as such public official or vote on the matter. GOLDEN VALLEY CC 20 (6-15-98) . " .' . . . 92.71 D. Notwithstanding anything to the contrary above stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four-fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes for the State of Minnesota); provided, however, that all of such required votes by members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure ofthe same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the subject matter). E. No person covered by this Code of Ethics shall take any official action with respect to a matter in which such person has a direct financial interest or personal interest which arises from blood or marriage relationships; provided that partici- pation in the decision-making process on such person's own behalf as a private citizen shall not be prescribed by this Code of Ethics, and provided further that such person may participate in matters leading up to or preliminary to official action to the extent that such person disclosed any such direct financial or personal interest as such person may have in the same and to the extent that such person has no discretion to make a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be made to the Council, Board, Commission or Committee of which the person isa member when the item appears on the agenda. Such disclosure shall be recorded in the minutes and become a matter of public record. F. Notwithstanding anything to the contrary a~ove stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four-fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes for the State of Minnesota); provided, however, that all of such required votes by members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure of the same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the Subject matter). G. No person covered by this Code of Ethics shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City, nor shall such person use such information to advance the financial or other private interests of any person. GOLDEN VALLEY CC (6-15-98) 92.71 21 H. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form, under circumstances in which it could be reasonably inferred that the gift was intended to influence such person, or could reasonably be expected to influence such person in the performance of such person's official duties or was intended as a reward for any official action on the part of such person. . . . I. No Council member shall appear in behalf of another's private interest before the Council, any Committee, Commission or agency of the City, nor shall such Council member represent another's private interests in any action or proceeding against the interests of the City in which the City is a party. J. Except as specifically authorized by Section 471.88 of Minnesota Statutes, no person covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract in such person's official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. A. Within 30 days fier the effective date of t . Code of Ethics each member of Council shall file, as a p blic record, in the offi of the City Clerk, a signed . statement disc ing the following: Subdivision 4. Public Oi closure by Council. . A list of s ch person's int ests in real property or rights in eCity. . Each person w 0 files as a candidate to conie a member of the Council, at the ti of said filing as a c ndidate, shall also file the dl required by this ubdivision. 22 .