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02-01-00 CC Minutes Regular Meetiing of the City Council February 1, 2000 Pursuant to due call and notice thereof, a regular rneeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was h�eld at 7800 Golden Valley Road in said City on February 1, 2000 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. H�earing and seeing no one, the Mayor continued the meeting. Approval of Minutes: City Council Meeting -January 18. 2000 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the City Council meeting minutes of January 18, 2000 as submitted. Approval of Agenda MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the agenda of February 1, 2000 as submitted. Approval of Consent Agenda MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as submitted. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the issuance of license #17636 and #7235 to #7237. Regular Meeting of the City Council February 1, 2000 Page 2 *Gamblinq License Exemption and Waiver of Notice Requirement - Church of the Good Shepherd MOVED by LeSuer and seconded by Micks and motion carried unanimously to approve the gambling license exemption and waiver of natice requirement for the Church of the Good Shepherd. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management - December 16, 1999 Board of Zoning Appeals - December 21, 1999 Planning Commission - January 10, 2000 Public Hearing - Ordinance #213 - Conditional Use Permit - 2504-2580 Hillsboro Avenue North The following ordinance was MOVED by LeSuer, seconded by Micks: ORDINANCE NO. 213, �ND SERIES AN ORDINANCE AMENDING THE CITY CODE Conditional Use Permit No. 00-79 2504-2580 Hillsboro Avenue North Helen DeAlwis (Bassett Creek Montessori School), Applicant Rohan and Helen DeAlwis, Applicants, reviewed the proposed plan and answered questions from the CounciL Paula Pentel, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development 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 LeSuer, seconded by Johnson and motion carried unanimously to approve Ordinance #213, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON + YES LESUER - YES MICKS - YES Regular Meeting of the City Council February 1, 2000 Page 3 Public Hearinqs - General Land Use Plan Map Amendment - 123 Ottawa Avenue North and Ordinance #214 Rezoning to I-1 Institutional Zoning District - (Churches and School) - Portion of Property Located at 123 Ottawa Avenue North The following ordinance was MOVED by Bakken, seconded by Johnson: ORDINANCE #214, 21�D SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from the Business and Professional Office Zoning District to I-1 Institutional Zoning District (Churches and Schools) Portion of Property Located at 123 Ottawa Avenue North Breck School, Applicant Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Paula Pentel, Planning Commissioner, presented the Commission report. 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 Micks introduced the following resolution and moved its adoption: RESOLUTION 00-3 RESO�UTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 123 OTTAWA AVENUE NORTH 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. MOVED by Micks, seconded by Bakken and m�otion carried unanimously to approve Ordinance #214, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Regular Meeting of the City Council February 1, 2000 Page 4 Public Hearing - Preliminary Design Plan Approval - PUD #88 - Breck School Allen Barnard reviewed the reasoning for considering the project as a planned unit development and answered questions from the Council. William Joynes answered questions from the Council. Jeannine Clancy answered questions from the Council. Dawn Wyzoreck, Cunningham Group, reviewed the plan and answered questions from the Council. Wendy Engelman, Breck School, answered questions from the Council. Paula Pentel, 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 The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Jay Squires, Attorney representing Breck, stated there were items that were discussed at a meeting held between Breck School and the City that are different then what was included in the agenda packet and that Breck School and City Staff still have to resolve some issues prior to general plan approval. Helen Ekman, 440 Clover Leaf Drive, expressed concern over the wildlife in the area and would like to see the lights toned down on the site, asked if the school was going to increase their student population and asked if the arrival times for students could be staggered. Mary Hepokoski, 6473 Westchester Circle, had questions about revising the flood plain level in the area, storm water runoff and ponding, highway 100 runoff, and the agreement about holding the city harmless for property damage caused by flooding of the site. The Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken to approve the preliminary design plan for PUD #88, Breck School, subject to the following conditions: 1. The Preliminary PUD Submittal dated December 20, 1999 shall become a part of this approval. This submittal includes a site plan, utility plan, tree inventory, preliminary plat, topographic survey, floor plans and building elevations. Regular Meeting of the City Council February 1, 2000 Page 5 Public Hearinq - Preliminary Design Plan Approval - PUD #88 - Breck School - Continued 2. The memo from Jeff Oliver, PE, City Engineer, to Mark W. Grimes, dated January 5, 2000 and the recommendations contained therein shall become a part of this approval except that Breck may apply for, and receive, general plan approval (and a PUD permit) conditioned on CLOMR approval by FEMA at or below the level assumed in the plans for the fieldhouse. The approvals and permit will also be conditioned on approval of the wetland impact and mitigation plan by other agencies and the City. 3. The memo from Deputy Fire Marshall Ed Anderson to Mark Grimes dated January 4, 2000 becomes a part of this approval. 4. Breck continues to hire off-duty Police Officers or security officials approved by the Golden Valley Public Safety Department to monitor traffic in the peak morning and afternoon periods until staff has determined that there is no need for hiring officers. 5. Breck School continues to closely monitor the use of the Natchez access to the campus. If the City determines that the use of the Natchez access is a problem, the City has the right to control it use. This could include the closing off of the access except for emergency vehicles. 6. As part of the General Plan, a Landscape Plan will have to be submitted. A Tree Preservation Plan shall also be submitted. 7. After June 2000, buses will no longer be stored on campus. The fuel tank shall be removed as per the requirements of the Minnesota Pollution Control Agency. Council Member Johnson and Council Member Bakken withdrew the original motion for approval of the preliminary design plan for PUD #88, Breck School. MOVED by LeSuer, seconded by Micks and motion failed that the City not apply the planned unit development regulations to the redevelopment of the Breck campus as a planned unit development. Mayor Anderson, Council Member Bakken and Council Member Johnson voted no. MOVED by Johnson, seconded by Bakken and motion carried to approve the preliminary design plan for PUD #88, Breck School, subject to the seven conditions listed above: Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Regular Meeting of the City Council February 1, 2000 Page 6 Public Hearinas - Ordinance #215 - Zone to Commercial Zoning District - Wayzata Boulevard (Street Right-of Way) Area Bounded by Golden Hills Drive on the North Soo Line Railroad on the West. I-394 on the South, and Properties of 900 and 950 Xenia Avenue and the Existing Breck Ice Arena Parkinq Lot Abutting the Street Ri�ht-of-Way on the East Side and Ordinance #216 - Rezoning to Commercial Zoning District - Area Bounded by Golden Hills Drive on the North. Xenia Avenue on the East, I-394 and 5760 and 5800 Wayzata Boulevard, and Adjacent Parking Lot on the South, and Wayzata Boulevard on the West The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE #215, 2I�D SERIES AN ORDINANCE AMENDING THE CITY CODE Designate the Wayzata Street Right-of-Way to Commercial Zoning District That area bounded by Golden Hills Drive on the North, the Soo Line Railroad on the West, I-394 on the South, and the Properties of 900 and 950 Xenia Avenue and the Existing Breck Ice Arena Parking Lot Abutting the Street Right-of-Way on the East City of Golden Valley, Applicant Mark Grimes, Director of Planning and Development introduced the agenda item. William Joynes requested the Council continue the item as there are issues that relate to negotiation with the property owner that need to be cleared up prior to Council consideration. Allen Barnard stated the item should be considered on March 21, 2000. Paula Pentel, Planning Commissioner, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Tom Loucks, Loucks and Associates, representing Allianz feels that rezoning the property will help in the PUD process and that rezoning the property will make it consistent with the comprehensive plan. Linda Loomis, 6677 Olson Memorial Highway, had questions regarding why the Planning Commission could consider the item without a legal description being available and why it was needed for the Council meeting; asked if there is no legal publication for Planning Commission consideration to let the public know of a particular item, how does the City inform residents of upcoming Planning Commission items in a timely matter? The Mayor closed the public hearing. Regular Meeting of the City Council February 1, 2000 Page 7 Public Hearinqs - Ordinance #215 - Zone to Commercial Zoning District - Wayzata Boulevard (Street Right-of Way) Area Bounded by Golden Hills Drive on the North, Soo Line Railroad on the West. I-394 on the South, and Properties of 900 and 950 Xenia Avenue and the Existing Breck Ice Arena Parking Lot Abutting the Street Right-of-Way on the East Side and Ordinance #216 - Rezoning to Commercial Zoning District - Area Bounded by Golden Hills Drive on the North, Xenia Avenue on the East, I-394 and 5760 and 5800 Wayzata Boulevard. and Adjacent Parking Lot on the South, and Wayzata Boulevard on the West- Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to continue the public hearing for consideration o# Ordinance #215 until the March 21, 2000 Council Meeting. The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE #216, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Light Industrial Zoning District to Commercial Zoning District That area bounded by Golden Hills on the North, Xenia Avenue on the East, I-394 and 5760 and 5800 Wayzata Boulevard, and the Adjacent Parking lot to the South and the Wayzata Boulevard Frontage Road on the West Allianz Life USA/Duke-Weeks, Applicants The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Linda Loomis, 6677 Olson Memorial Highway, stated that this property was approved last May for changing the comprehensive land use plan and asked why does it take so long to rezone the property. Tom Loucks, Loucks and Associates, representing Allianz supports Council action to continue consideration of this ordinance to the Council Meeting of March 21, 2000. The Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to continue the public hearing for consideration of Ordinance #216 until the March 21, 2000 Council Meeting. Regular Meeting of the City Council February 1, 2000 Page 8 Adoption of Fee Resolution Don Taylor, Finance Director reviewed the fee resolution and answered questions from the Council. William Joynes answered questions from the Council. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 00-4 RESOLUTION ESTABLISHING FEES AS PROVIDED IN THE CITY CODE 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. Call for Informal Public Hearing - Ordinance Amendment - Establishment of Environmental Commission - 2/15/00 Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to call for an informal public hearing to consider an ordinance amendment regarding establishment of the Environmental Commission on February 15, 2000. *Quotes - Purchase Four-Wheel Truckster and Utility Vehicle MOVED by Johnson, seconded by LeSuer and motion carried unanimously to purchase a four-wheel truckster and one utility vehicle for the Golf Course from the lowest responsible bidder, North Star TurF Supply for $16,8870.25. The quotes are as follows: North Star TurF Supply $16,880.25 Horst Distributing Inc. 22,957.35 *Quotes - Golf Course Cold Storage Building MOVED by Johnson, seconded by LeSuer and motion carried unanimously to purchase a cold storage building for the golf course from the lowest responsible bidder for $24,844.00. The quotes are as follows: Morton Buildings $24,844.00 Lester Buildings 33,530.00 Regular Meeting of the City Council February 1, 2000 Page 9 *Quotes - Golf Course Cash Register System MOVED by Johnson, seconded by LeSuer and motion carried unanimously to purchase a cash register system, including software and equipment from the only bidder for $20,315.00. *Bids - Rotary Mower MOVED by Johnson, seconded by LeSuer and motion carried unanimously to purchase a rotary mower from the Minnesota Department of Transportation Purchasing Division for $65,459. Announcements of Meetinqs - Set Date for Receipt of Housing Task Force Report and Board/Commission Interviews Mayor Anderson introduced the agenda item. The Council/Manager Meeting for February 8, 2000 has been cancelled. The Housing and Redevelopment Authority Chair declared the Housing and Redevelopment Authority will meet on February 8, 2000 at 5:30 p.m. to discuss the Valley Square Pedestrian Crossing Report. MOVED by Micks, seconded by LeSuer and motion carried unanimously to set a Special City Council Meeting on February 8, 2000 at 7:30 p.m. to receive the Housing Task Force Report. The next regular City Council Meeting is February 15, 2000. The Council set February 14, 2000 as the date for conducting board/commission interviews beginning at 6:00 p.m. Mayor and Council Communications Mayor Anderson stated a summary of the Council/Staff Workshop held on January 22, 2000 was distributed to the Council. Mayor Anderson requested the Council review the summary and let her know of any amendments. Staff was requested to set a date to review the 2000 Staff Work Plan. Regular Meeting of the City Council February 1, 2000 Page 10 Appointment to Bassett Creek Water Management Commission Mayor Anderson introduced the agenda item. MOVED by Bakken, seconded by LeSuer and motion carried unanimously to appoint David Hanson as Commissioner and Bob Mayeron as Alternate to the Bassett Creek Water Management Commission for a three year term which expires January 1, 2003. Community Youth Recognition Events Mayor Anderson introduced the agenda item. Robbinsdale School District 271 is holding "We Care About Kids Day" on February 5, 2000 at the NW YMCA. Hopkins School District and Minnetonka School District is holding the "Caring Youth Awards" on February 10, 2000 at the Minnetonka Community Center. Adiournment The Mayor adjourned the meeting at 9:15 p.m. �� � �� Mary E. derson, Mayor ATTEST: � J d Nally, dministrativ ecretary