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01-22-02 CC Minutes Regular Meeting of the ', City Council January 22, 2002 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 January 22, 2002 at 6:30 p.m. The following members were present: Grayson, LeSuer, Johnson, Loomis, and Tremere. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; Barb Ross, Acting City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Loomis introduced the agenda item. Mark Friederichs, 7501 Western Avenue, stated he watched the January 8, 2002 City Council meeting and wanted to know what gift was referred to, who got the gift, what interest the giver has in the City, and how a person is warned about receiving a gift. MOVED by Grayson, seconded by Johnson and m�otion carried unanimously to respond to the citizen input request at this meeting and at fu�ure meetings implement a process for responding to citizen input. William Joynes stated that the first week in January he came in on a Monday and he had received a box of Omaha Steaks from Slosburg Inc. He stated that he did not know if any Council Members had received them so he informed them that it may be possible that they also may receive some steaks. He informed the Council that if they had received a gift the State Law prohibits any public official from accepting any gift with a value of over the cost of $5.00. He stated that he was the only person to receive any steaks. The steaks will be donated to a local food shelf and a letter will be sent to the developer thanking him for the gift, informing them of State Law and the donation. William Joynes stated that if the entire City Council receives a letter it should be received and filed at a Council Meeting. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to enter letters received by the entire City Council into the record. The letters from Rapid Graphics, dated January 10, 2002; Sun Newspapers, dated January 14, 2002, and Hugh Maynard, dated January 8, 2002 will be entered into the record. The Mayor continued the meeting. Regular Meeting of the City Council January 22, 2002 Page 2 *E-mail from Laura Itman Reqardinq Rezoninq at 5411 Circle Down MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the e-mail from Laura Itman, dated January 15, 2002 regarding rezoning at 5411 Circle Down. *E-mail from Greq Tiapkes Reqardinq Resiqnation from Human Services Foundation MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the e-mail from Greg Tjapkes, dated January 17, 2002, regarding resignation from the Human Services Foundation; and request the Mayor send him a letter of appreciation in recognition for his service to the community. Letter from Bob Maveron Reqardinq Resiqnation from Bassett Creek Water Manauement Commission Mayor Loomis stated that Mr. Mayeron felt that this Council should appoint their own representative but is willing to serve until a representative is found. Council Member Tremere suggested the Council discuss the Bassett Creek Water Management Commission at the Council/Staff Workshop. Approval of Minutes: Citv Council Meetinq - Januarv 8, 2002, and Council/Manaqer Meetinq -January 15, 2002 MOVED by Grayson, seconded by Tremere and motion carried unanimously to receive and file the City Council meeting minutes of January 8, 2002 as amended: Position of City Manager - add language to clarify the intent of the meeting and add to the end of the sentence ...Council ....at its next Council meeting January 22, 2002. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the City Council Meeting minutes of January 8, 2002 as amended; and the Council/Manager Meeting minutes of January 15, 2002 as submitted. Mayor Loomis read the Council/Manager Meeting minutes of January 15, 2002. Approval of Aqenda MOVED by Grayson, seconded by Tremere and motion carried to approve the agenda of January 22, 2002 as amended: Addition of Mayor and Council Item - City Manager Employment Issues. Council Member Johnson voted no. Mayor Loomis stated the City Code prohibits the addition of agenda items unless by a unanimous vote of the Council Members present. The Mayor and Council Item - City Manager Employment Issues will be placed on the February 5, 2002 City Council agenda. Regular Meeting of the City Council January 22, 2002 Page 3 Approval of Aqenda - Continued William Joynes requested an item be added to the agenda regarding Gypsy Moths. MOVED by LeSuer, seconded by Tremere and motion carried unanimously to approve the agenda of January 22, 2002 as amended: Additional Departmental item - Gypsy Moth Update. Approval of Consent Aqenda MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as submitted. Mayor Loomis read the items listed on the consent agenda. *Approval of Check Reqister MOVED by Tremere, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heatinq Licenses MOVED by Tremere, seconded by LeSuer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gamblinq License Exemption and Waiver of Notice Requirement - Hopkins Education Foundation MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Hopkins Education Foundation. *Minutes of Boards and Commissions MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - December 13, 2001 Planning Commission - December 17, 2001 Bassett Creek Water Management Commission - October 18, 2001 Regular Meeting of the City Council January 22, 2002 Page 4 Public Hearinq - Preliminarv Desiqn Plan Approval - Amendment #1 - PUD #95 - Carousel Porsche Audi (9191 and 9393 Wayzata Boulevard) Jon Baker, Architect, and Jon Hanson, LeJune Investments reviewed the plan and answered questions from the Council. Jay Hoffman, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed the plan and answered questions from the Council. Jeannine Clancy 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. Lu Rockman, 130 Jersey Avenue North, asked if there would be any loading or unloading of cars at the site; what time of day would the loading occur; concerned over noise pollution; what is the effect of the non-phosphorus material on the environment; do we have any consideration or communication from St. Louis Park on their environmental center and asked if there is a liner in the retention pond. Steve Gardner, 10717 10th Avenue North, Plymouth, expressed concern over projects being done throughout the City where trees are being removed and destroyed and not replaced with large trees; feels the City is being paved over; that this development is 95% blacktop; stated that trees that are planted within developments die and are not replaced; feels there will be a big ugly wall at the site; and other cities like Plymouth, Maple Grove and Minnetonka are wiping out everything and replacing it with row after row of houses and development. The Mayor closed the public hearing. MOVED by Grayson, seconded by Johnson and motion carried to approve the preliminary design plan for Amendment #1, for PUD #95, Carousel Porsche Audi, subject to the following conditions: 1. All signs for Carousel Porsche Audi development shall meet the requirements or automobile dealerships in the industrial zoning district. 2. The recommendation of City Engineer, Jeff Oliver found in his memo to Mark Grimes dated November 21, 2001 shall become part of this approval. 3. The height of the light poles should be limited to 12 feet in height. 4. The landscape plans should be reviewed to help alleviate the impact to the neighbors to the south. 5. The landscape plans should include some vegetation along the east wall. Regular Meeting of the City Council January 22, 2002 Page 5 Public Hearinq - Preliminary Desiqn Plan Approval - Amendment #1 - PUD #95 - Carousel Porsche Audi (9191 and 9393 Wavzata Boulevard) - Continued Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - NO LOOMIS - NO JOHNSON - YES TREMERE - YES Public Hearinqs General Land Use Plan Map Amendment - 5411 Circle Down and Ordinance #265 - Rezoninq to Business and Professional Offices Zoninq District - 5411 Circle Down The following ordinances were MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 265, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Institutional (I-3) Zoning District to Business and Professional Office Zoning District 5411 Circle Down Carlson Brown Investments, Applicant Douglas Brown, Applicant, reviewed the plan and answered questions from the Council. Jay Hoffman, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development reviewed the agenda items 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. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-5 RESOLUTION FOR AMENDMENT TO THE GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 5411 CIRCLE DOWN 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: Grayson, Johnson, LeSuer, Loomis and Tremere; 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 January 22, 2002 Page 6 Public Hearinqs General Land Use Plan Map Amendment - 5411 Circle Down and Ordinance #265 - Rezoninq to Business and Professional Offices Zoninq District - 5411 Circle Down - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #265, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES *Approval of Plat - PUD #93 - KQRS 3rd Addition Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-6 RESOLUTION FOR APPROVAL OF PLAT - KQRS 3RD ADDITION P.U.D. NO. 93 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: Grayson, Johnson, LeSuer, Loomis and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization to Siqn PUD Permit - PUD #93 - KQRS 3rd Addition MOVED by Tremere, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for PUD #93, KQRS 3rd Addition. *Authorizinq Submittal of 2002 Municipal Recvclinq Grant Application with Hennepin County Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-7 RESOLUTION AUTHORIZING SUBMITTAL OF THE 2002 MUNICIPAL RECYCLING GRANT APPLICATION WITH HENNEPIN COUNTY 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: Grayson, Johnson, LeSuer, Loomis, and Tremere; 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 January 22, 2002 Page 7 *Participation in the Taxicab Vehicle and Driver Joint Powers Orqanization and Appointment of Representative MOVED by Tremere, seconded by LeSuer and motion carried unanimously to indicate an interest and willingness to adopt the concept of the Joint Powers Agreement and to appoint the Director of Public Safety or his designee as the City's representative. Call for Public Hearinq - Street Vacation - Portion of Natchez Avenue North -2/19/02 Jeannine Clancy introduced the agenda item. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-8 RESOLUTION ESTABLISHING A PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF NATCHEZ AVENUE NORTH 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: Grayson, Johnson, LeSuer, Loomis and Tremere; 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. *Bids - Professional Cleaninq Services MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the bids for professional cleaning services from the lowest responsible bidder, Corporate Cleaners for$70,520.00. The bids were as follows: Corporate Cleaners $70,520.00 RBM Services 87,820.00 The Clean-It Group, Inc. 101,621.00 Jani-King 133,983.07 *Bids - Golf Carts MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the bid for the purchase of fifty golf carts from Club Car Inc. for a total net price of $99,350.00. The other bidder did not meet specifications. The bids are as follows: Club Car Inc. $99,350.00 Golf Cart Midwest 98,900.00 Regular Meeting of the City Council January 22, 2002 Page 8 Announcements of Meetinqs A legislative breakfast will be held on January 26, 2002 at 9:00 a.m. at Crystal City Hall. Mayor Loomis stated that the National League of Cities is holding audio-conferences on a number of subjects the Council may be interested in. She will distribute additional information about the conferences to the Council. Council Member Tremere stated there is a Sensible Land Use Coalition meeting about transportation issues in the Twin Cities being held on January 30, 2002 at the Double Tree Park Place at 11:30 a.m. Mavor and Council Communications Council Member Tremere distributed a resolution for consideration by the Council at its next meeting on February 5, 2002. Gypsy Moth Update William Joynes and Jeannine Clancy updated the Council on gypsy moth infestation and answered questions from the Council. Proclamation for We Care About Kids Month - Februarv 2002 Mayor Loomis introduced the agenda item. MOVED by Johnson, seconded by Grayson and motion carried unanimously to proclaim February 2002 as We Care About Kids Month. *Proclamation for Martin Luther Kinq Jr. Dav -Januarv 21, 2002 MOVED by Tremere, seconded by LeSuer and motion carried unanimously to proclaim January 21, 2002 as Martin Luther King Jr. Day. Regular Meeting of the City Council January 22, 2002 Page 9 Adiournment MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 8:36 p.m. a./ . ��Z��� Linda R. Loomis, Mayor ATTEST: ud Nally, dministrativ ecretary