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03-21-00 CC Minutes Regular Meeting of the City Council March 21, 2000 Pursuant to due cali 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 March 21, 2000 at 6:00 p.m. The following members were present: Anderson, Johnson, LeSuer and Micks; and the following was absent: Bakken. 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. Approval of Minutes: Citv Council Meetinq - March 6 2000 and Council/Manager Meeting - March 15. 2000 MOVED by Johnson, seconded by LeSuer and mation carried unanimously to approve the City Council Meeting minutes of March 6, 2000 and the Council/Manager Meeting minutes of March 15, 2000 as submitted. Mayor Anderson summarized the Council/Manager Meeting minutes of March 15, 2000. Approval of Agenda MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the agenda of March 21, 2000 as amended: Addition of Mayor and Council Items: Run the Valley, Status of Visioning, Stop Signs, Non-Smoking Units in New Multi-Unit Housing Units. Apuroval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk ('"), as amended: Removal of Departmental Item - Approval of Wetland Replacerr�ent Plan Application - PUD #88 - Breck Addition. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council March 21, 2000 Page 2 *Approval of Check Re ister MOVED by Johnson, seconded by LeSuer and rnotion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and rr�otion carried unanimously to authorize the issuance of license #17537 - #17540; #17743 to #17830 and #7256 to #7289. *Massaqe Parlor License - Elam Investments Inc d/b/a Pazau Hair and Nail Design MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the massage parlor license for Elam Investments Inc. dJb/a Pazazz Hair and Nail Design. *Masseuse License MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the masseuse license for Angela Gail-Marie Gove at Pazazz Hair and Nail Design. *Taxi Driver Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Gamblina License Exemption and Waiver of Notice Requirement - Optimist Club of Golden Vallev MOVED by Johnson, seconded by LeSuer and mo�ion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Optimist Club of Golden Valley. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - February 17, 2000 Human Rights Commission - February 10, 2000 Regular Meeting of the City Council March 21, 2000 Page 3 Public Hearinq - Preliminary Plat Approval - 1126 Florida Avenue North Dan Grossman, 1126 Florida Avenue North, reviewed the request to combine two of his lots and answered questions from the Council. Rick Groger, 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 Micks, seconded by Johnson and motion carried unanimously to approve the preliminary plat approval for 1126 Florida Avenue North. Public Hearinct - Ordinance #223 - Conditional Use Permit - 700 Pennsylvania Avenue South The following ordinance was MOVED by Micks, seconded by Johnson: ORDINANCE NO. 223, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 00-82 700 Pennsylvania Avenue South Rudy Luther's GMC Truck & Motor Home Center, Inc., Applicant Monte Bion, Applicant, stated they have withdrawn the request for conditioning used cars and will condition new cars only and reviewed the request and answered questions from the Council. Matt Reger, Park Midwest Company, Representing Jim Lupient, stated they know there are sections along Laurel Avenue where there is a gap in the trees and they have no problem planting trees to alleviate those gaps with the unde�rstanding that they would not be able to plant the size of tree that currently exists now. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development introduced the agenda item. Allen Barnard answered questions from the Council. Regular Meeting of the City Council March 21, 2000 Page 4 Public Hearinq - Ordinance #223 - Conditional Use Permit -700 Pennsylvania Avenue South - Continued MOVED by Johnson, seconded by Micks and motion carried to receive and file the memo from Monte Bion, Rudy Luther's Toyota, dated March 21, 2000. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dennis Gustner, 520 Quebec Avenue, asked the Council to request them to plant trees of a reasonable height, enough to block off the residential view of the building. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to delete condition #7 - The doors of the facility shall re�main closed except when vehicles or equipment are taken into or out of the building. MOVED by Micks, seconded by LeSuer and motion carried unanimously to request the owner of the property work with the City Forester to add landscaping on the property to provide effective screening for the residents. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve Ordinance #219, 2nd Addition. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN -ABSENT JOHNSON - YES LESUER - YES MICKS - YES Informal Public Hearinq - Second Considerati�on - Ordinance #221 - Establishing Licensing Requirements for Commercial Lawn Fertilizer The following ordinance was MOVED by Johnson, seconded by LeSuer: ORDINANCE NO. 221, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Establishing Licensing Requirements for Comrnercial Lawn Fertilizer Applicators Jeannine Clancy introduced the agenda item 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 March 21, 2000 Page 5 Informal Public Hearinq - Second Consideration - Ordinance #221 - Establishina Licensina Requirements for Commercial Lawn Fertilizer - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #221, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN -ABSENT JOHNSON - YES LESUER - YES MICKS - YES Informal Public Hearinq - Second Consideratian - Ordinance #222 - Prohibiting the Use of Fertilizers Containing Phosphorous The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE NO. 222, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Prohibiting the Use of Fertilizers Containing Phosphorous Jeannine Clancy introduced the agenda item 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. MOVED by Micks, seconded by LeSuer and rr�otion carried unanimously to approve Ordinance #222, 2nd Series. Upon a roll call vote, �he vote was as follows: ANDERSON - YES BAKKEN -ABSENT JOHNSON - YES LESUER - YES MICKS - YES Public Hearina - Preliminary Design Plan Approval - PUD #86 - Wesley Commons and Public Hearina - Ordinance #224 - Rezoninq to M-1 (Multiple Dwelling) Zoning District - Area Bounded by Winnetka Avenue on the E�st. Golden Valley Road on the South Wisconsin Avenue on the West, and Bassett Creek on the North except the Northwest Corner of Winnetka Avenue and Golden Valley Road Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. William Joynes 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 March 21, 2000 Page 6 Public Hearina - Preliminary Design Plan Appnoval - PUD #86 - Wesley Commons and Public Hearina - Ordinance #224 - Rezoning to M-1 (Multiple Dwelling) Zoning District - Area Bounded bv Winnetka Avenue on the East, Golden Valley Road on the South Wisconsin Avenue on the West, and Bassett C�reek on the North except the Northwest Corner of Winnetka Avenue and Golden Valley Ftoad - Continued MOVED by Johnson, seconded by Micks and motion carried unanimously to continue the public hearing for preliminary design plan approval for PUD #86, Wesley Commons until April 4, 2000. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to continue the public hearing for consideration of Ordinance #224 until April 4, 2000. Continued Public Hearinq - Ordinance #220 - General Plan Approval - PUD #87 - Allianz Life USA/Duke-Weeks, and Continued Pwblic Hearing - Ordinance #215 -Zone to Commercial Zonina District - Wayzata Bowlevard (Street Right-of-Way) - Area Bounded bv 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 Right-of-WaY on the East Side and Continued Public Hearina - Ordinance #216 - Rezoning to Commercial Zoning District - Area Bounded bv 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 Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. William Joynes 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. Tom Wolfgram, President, Minor Group, Olympic Printing, 700 and 800 Xenia Avenue, stated he was under the impression that this development and its density issues are going to max out the density that would be allowed for any type of zoning for his property outside of light industrial, reviewed some of the discussions he has had with developers who are interested in his property and asked the Council to have the same consideration for development proposals for his site contemplating the maximum value of the property. The Mayor closed the public hearing. MOVED by Micks, seconded by Johnson and motion carried unanimously to continue the public hearing for consideration of Ordinance #220 until the April 4, 2000 Council Meeting. Regular Meeting of the City Council March 21, 2000 Page 7 Continued Public Hearinq - Ordinance #220 - General Plan Approval - PUD #87 - Allianz Life USA/Duke-Weeks, and Continued Public Hearing - Ordinance #215 - Zone to Commercial Zoninq District - Wayzata Bowlevard (Street Right-of-Way) - Area Bounded bv 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 Right-of-Way on the East Side and Continued Public Hearinp - Ordinance #216 - Rezoninq to Commercial Zoning District - Area Bounded bv Golden Hills Drive on the North, Xenia Avenue on the East I-394 and 5760 and 5800 Wavzata 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 of Ordinance #215 until the April 4, 2000 Council Meeting. MOVED by Micks, seconded by LeSuer and motion carried unanimously to continue the public hearing for consideration of Ordinance #216 until the April 4, 2000 Council Meeting. Approval of Wetland Replacement Plan Applica�ion - PUD #88 - Breck Addition Jeannine Clancy reviewed the item and answered questions from the Council. MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the Breck School Wetland Replacement Plan subject to the following conditions: 1. The replacement wetland must be monitored for a five (5) year period from the date of completion. 2. The developer's wetland consultant shall be consulted and conduct periodic inspections during the construction of all the newly created wetland basins. 3. The developers' wetland consultant shall submit an annual monitoring report to the City of Godlen Valley on the anniversary datie of the completion of the replacement wetland for a period of five (5) years. Each report shall contain information required in WCA rule 8420.0620. 4. The replacement wetland must be constructed concurrently site grading. 5. Prior to disturbing any wetland area, the developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall extend until completion of the five-year monitoring period. If during the five-year period the replacement wetland does not perForm as proposed in the plan, necessary work shall be undertaken by the developer to bring it into conformance. 6. Conservation easements must be recorded ,�covering the wetland replacement and buffer areas. , 7. A Storm Water Facility Maintenance Agreement must be executed by the owner with the City of Golden Valley. Regular Meeting of the City Councii March 21, 2000 Page 8 Announcements of Meetinqs The next City Council Meeting is April 4, 2000 at 6:30 p.m. The Council set April 6, 2000 beginning at 6:00 p.m. as the time to interview candidates for the Environmental Commission. The First Regional Meeting of the League of Minnesota Human Rights Commissions and the Minnesota Department of Human Rights IDEA EXCHANGE is scheduled for Saturday, March 25, 2000 at the Golden Valley City Hall beginning at 9:30 a.m. Reset August 1 City Council Meeting MOVED by LeSuer, seconded by Micks and motion carried unanimously to reset the August 1, 2000 City Council meeting to Wednesday, August 2. Mayor and Council Communications No action and/or discussion took place. Review Staff Workplan William Joynes reviewed the status report for the 2000 goals and answered questions from the Council. Jeannine Clancy and Allen Barnard answered questions from the Council. The Council requested staff to update the status report at a meeting in July or August, 2000. Recounition Awards - Fire Department Retirement and 24 Years of Service - Dan Albrecht and Tennant Company Community Service Mark Kuhnly, Chief of Fire and Inspection Services, recognized Dan Albrecht for his retirement and 25 Years of Service. Dan Albrecht acknowledged and thanked his wife, his employer and other firefighters he has known throughout the years for their support. Mark Kuhnly recognized Phil Hegberg, Tennant Company, for their community service for allowing Dan Albrecht and past employees to respond to fire calls during their work day. Mayor Anderson and the Council expressed their appreciation to Dan Albrecht and the Tennant Company for their service to the community. Regular Meeting of the City Council March 21, 2000 ; Page 9 Proclamation for Volunteer Recognition Week Mayor Anderson reviewed the Volunteer Recognition Week proclamation. MOVED by Micks, seconded by LeSuer and motion carried unanimously to proclaim April 9-15, 2000 as Volunteer Recognition Week in Golden Valley. Board/Commission Reappointments and Appointments MOVED by Micks, seconded by LeSuer and motion carried unanimously to make the following appointments: Human Services Foundation: Citizen at Large John Giese 1 year term term expires 4/1/01 Business and Community Organization Larry Kennebeck 1 year term term expires 4/1/01 Chad Svihel 1 year term term expires 4/1/01 Building Board of Review: David Hovis 3 year term term expires 3/1/03 Northwest Hennepin Human Services Council Advisory Commission: Gena Gerard 2 year term term expires 1/1/02 2000 Census Mayor Anderson reminded the Council and public that April is Census Month and encouraged residents to fill out the forms and mail it in. Run the Vallev Council Member Johnson reviewed the arrangements for the Run the Valley 5K and 10K walk and run, which is scheduled for April 15, 2000 beginning at 7:30 a.m. at Brookview Park. She encouraged residents and non-residents to register for the event. Visioninct Council Member LeSuer asked about the status of the visioning process the Council discussed at the January Work Session. William Joynes stated staff is working on the information the Council requested and it may be available for discussion at the Council/Manager meeting on April 11, 2000. Regular Meeting of the City Council March 21, 2000 Page 10 Stop Signs Council Member LeSuer would like the Council to review requests he has received from residents regarding the installation of a stop sign, east of Winnetka Avenue and north of Highway 55. Council Member LeSuer was requested to submit to staff the particular intersections or the names of the streets where residents have concerns. William Joynes reviewed the process for installation of stop signs. The City Council requested staff to place this item on a future Council/Manager agenda. Non-Smoking Units in New Multi-Unit Housing Units. Council Member LeSuer requested the Council discuss at a Council/Manager meeting consideration of an ordinance that require non-smoking units in new multi-housing units. Staff was requested to place this item on the Council/Manager meeting on April 11, 2000. Adjournment MOVED by LeSuer, seconded by Johnson and motion carried to adjourn the meeting at 8:00 p.m. ��'�%`�t� Mary E. And on, Mayor ATTEST: J d Nally dministrativ Secretary