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09-19-00 CC Minutes Regular Meeting of the City Council September 19, 2000 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 September 19, 2000 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Patricia Butler, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. David Fellman, 1540 St. Croix Circle, expressed concern over the pumping of water for air conditioning purposes by General Mills and feels it is wasteful, lowers the water table, impacts the flooding at the Brookview Golf Course, creates lower water levels in Medicine Lake, and feels the once-through system should be phased out, and wanted to know what alternatives were available. The Mayor continued the meeting. *Letter from Paul Brinda Regarding Appeal of �oard of Zoning Appeals Denial MOVED by LeSuer, seconded by Bakken and mation carried unanimously to receive and file the letter from Paul Brinda, dated September 11, 2000 regarding his appeal of the Board of Zoning Appeals Denial. Approval of Minutes: City Council Meeting - S�ptember 5, 2000, and Council/Manager Meeting - September 13, 2000 MOVED by Johnson, seconded by Micks and motion carried unanimously to approve the City Council Meeting minutes of September 5, 2!000; and the Council/Manager Meeting minutes of September 13, 2000 as submitted. Mayor Anderson summarized the Council/Manager Meeting minutes of September 13, 2000. '' Approval of Agenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the agenda of September 19, 2000 as amended: Add�tion of Mayor and Council Item - Human Services Foundation Golf Tournament. Regular Meeting of the City Council September 19, 2000 Page 2 Approval of Consent Agenda MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the items on the consent agenda, as submitted. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by LeSuer, seconded by Bakken and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by LeSuer, seconded by Bakken and motion carried unanimously to authorize the issuance of licenses #7364 - #7365. �`Taxi Driver Licenses MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Bakken and mation carried unanimously to receive and file the minutes received as follows: Planning Commission - August 14, and August 28,2000 Public Item - Recommendations Regarding Irr�plementation of Requested Interim Improvements - Laurel/Winnetka Avenue Studv Area Jeannine Clancy and William Joynes reviewed the recommendations 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. Regular Meeting of the City Council September 19, 2000 Page 3 Public Item - Recommendations Regarding Implementation of Requested Interim Improvements - Laurel/Winnetka Avenue Study Area - Continued Betty Melander, 145 Winnetka Avenue South, expressed concern over the freeway aspect of Winnetka; stated it is difficult for residents to access the roadway; suggested a four way stop sign at Western and Laurel Avenues would slow down traffic; feels double yellow center lines should also be approved; stated sl�e is opposed to the interim sidewalk because she feels it is a waste of taxpayers money, feels its an imposition to neighbors to have the area torn up twice; and stated that pedestrian traffic is sparse. Shar Jesse, 743 Winnetka Avenue South; opposed to the interim sidewalks because she feels that it is fiscally irresponsible; distributed copies of a signed petition in opposition to the sidewalk; distributed copies of a signed petition for the immediate painting of double yellow lines running the full length of Winnetka Avenue South from the I-394 Frontage Road to H ig hway 55. Rick MacKrell, 700 Winnetka Avenue South, stated there are not too many people who walk along the street; feel people going to the park and Golf Course go through the neighborhoods; feels a temporary sidewalk is a vwaste of taxpayers money; and feels the project should be done when the street is reconstr�cted. Linda Loomis, 6677 Olson Memorial Highway, asked what part of the proposed sidewalk is temporary and what is not. The Mayor closed the public hearing. MOVED by Bakken, seconded by Johnson and motion carried unanimously to accept the staff recommendation of the first phase interim improvements. MOVED by Johnson, seconded by Bakken and rnotion carried unanimously to authorize staff to proceed with the temporary trail on the south side of Laurel Avenue between Sumter and Rhode Island and the associated signing and striping. MOVED by Johnson, seconded by Bakken and motion carried unanimously to request the Mayor to meet with County Commissioners and discuss the possibility of getting the Winnetka Avenue project into their Capital Improvement Program sooner than planned or contributing a more adequate monetary amount. Public Item -Appeal of Board of Zoning Appeal,s Decision -4501 Chatelain Terrace William Joynes introduced the agenda item and answered questions from the Council. Allen Barnard and Mark Grimes, Director of Planning and Development; answered questions from the CounciL Regular Meeting of the City Council September 19, 2000 Page 4 Public Item - Appeal of Board of Zoninq Appeals Decision - 4501 Chatelain Terrace - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Paul Brinda, 4501 Chatelain Terrace, reviewed the history of the project; reviewed his reasons for asking the Council to approve his variance and distributed pictures of other sheds throughout the neighborhood; stated it will be a hardship for him to remove what he has built to-date; feels there is a lack of enforcement of the City Code as other sheds have been built and they don't meet the Code; and feels that the rest of the non-conforming sheds should be brought into compliance. Mike Sell, Board of Zoning Appeals (BZA) Membe�, reviewed the discussion and action at the BZA meeting and answered questions from the Council. The Mayor closed the public hearing. MOVED by Micks, seconded by Bakken and motion carried to deny the appeal of the Board of Zoning Appeals decision and uphold the Board of Zoning Appeals action regarding the waiving the City Code section regarding accessory structures for 4501 Chatelain Terrace. Member LeSuer voted no. Public Hearinq - Ordinance #236 - Rezoninq to I-1 (Churches and Schools) Zoning District - Northeast Corner of Glenwood Avenue and Xenia Avenue The following ordinance was MOVED by Bakken, s�econded by Johnson: ORDINANCE NO. 236, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Residential Zoning District to the I-1 (Churches and Schools) Zoning District for Area at Northeast Corner of Glenwood Avenue and Xenia Avenue Hopkins Independent School District (ISD) No. 270 and the Golden Valley Housing and Redevelopm�nt Authority (HRA), Applicants Mark Grimes, Director of Planning and Development, 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 September 19, 2000 Page 5 Public Hearinq - Ordinance #236 - Rezoning to I-1 (Churches and Schools) Zoning District - Northeast Corner of Glenwood Avenue and Xenia Avenue - Continued MOVED by Micks, seconded by Johnson and motion carried unanimously to approve Ordinance #236, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MtCKS - YES Public Hearinq - Preliminarv Design Plan Approval - PUD #90 - Meadowbrook 3rd Addition Catherine McFadden, and John Flueger, Cunningham Group; reviewed the plans and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report 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 Hoffman, 220 Yosemite Circle, stated he is also a Planning Commission Member and stated he is concerned that where Xenia Avenue and the driveway come together there is not enough room for emergency vehicles to get to the site; feels the SunPost article reflecting the changes at the School made it sound that the public could not comment, as the proposed project was a "done deal". The Mayor closed the pub�ic hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan for PUD #90, Meadowbrook School 3rd Addition, subject to the following conditions: 1. The plans submitted by the School District and City with the preliminary design plan application shall become a part of this approval. These plans include the following prepared by Cunningham Architects: Existing conditions map dated 7/7/00, Site Plan dated 7/17/00, Planting Plan dated 7/17/00, Tree Preservation Plan dated 7/17/00, Grading, Drainage and Utility Plan dated 7/17/00, Property Line Map with no date, and Building Elevations dated 6/14/00. These plans indicate the construction of 23,800 sq. ft. community center building connected to the existing 60,000 sq. ft. school. 2. The memo dated 8/23/00 and prepared by City Engineer Jeff Oliver shall become a part of this approvaL Regular Meeting of the City Council September 19, 2000 Page 6 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #90 - Meadowbrook 3rd Addition - Continued 3. The memo dated 8/16/00 and prepared by Deputy Fire Marshal Ed Anderson shall become part of this approval. 4. All signs for the new school campus shall meet the sign requirements for a school in the I-1 (Institutional) Zoning District. 5. Final approval of the General Plan of Development shall not be given until an agreement regarding the development and use of the community center is reached between the School District, HRA and City. 6. The landscape plan submitted with the preliminary design plan shall become a part of this approval. However, the plan must be submitted to the Building Board of Review for final approval. 7. The site plans have been submitted to both Hennepin County and MnDOT for comments because the PUD is adjacent to both a County Road (Glenwood Avenue) and State Highway (T.H. 100). The comments from these agencies will be taken into consideration as the approval process goes forward. 8. The existing trash enclosure shall be screened or enclosed in some fashion. 9. The existing garage in the east parking lot shall be repaired. 10. Signage and lighting for the north parking lot be provided, as well as the ingress and egress to the north parking lot is reviewed to possibly include a new sidewalk or handrails. 11. A complete preliminary plan is submitted to the City Council that includes the required information as found in the Subdivision Chapter of the Code. Public Hearinq - Preliminarv Plat Approval - Honeywell Golden Valley 2nd Addition Mark Grimes, Director of Planning and Development, stated staff is requesting a delay because the review of the plans has not been completed and recommends the public hearing be continued. 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 LeSuer and motion carried unanimously to continue the public hearing for consideration of the preliminary plat approval for Honeywell Golden Valley 2nd Addition to the October 3, 2000 meeting. Public Hearing - Easement Vacations - Breck School Jeannine Clancy stated that due to issues with the Highway 100 construction and other legalities staff recommends the public hearing be continued. Regular Meeting of the City Council September 19, 2000 Page 7 Public Hearing - Easement Vacations - Breck School - Continued 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 Bakken, seconded by Johnson and motion carried unanimously to continue the public hearing for consideration of easement vacations for Breck School to the October 3, 2000 meeting. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the beer and/or wine requests at Brookview Park. *Approval of Plat - Lube Tech Addition Member LeSuer introduced the following resolution and moved its adoption: Resolution 00-56 RESOLUTION FOR APPROVAL OF PLAT - LUBE TECH ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Bakken 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. Bassett Creek Nature Preserve Proposal Larry Sawyer, General Mills, outlined their proposal to donate to the City about 27 acres of land for a nature area, which will include some lands to be restored to natural streams, possible recreational areas, natural noise buffer and development monies, and answered questions from the Council. Ray Wuulo, Barr Engineering, explained that even with a higher level of pumping, the General Mills water source is above the river elevation and no river water will get into the aquifer; that since pumping is not done continuously the ground water is always being replenished and would have no effect on Medicine Lake or other bodies of water. Regular Meeting of the City Council September 19, 2000 Page 8 Bassett Creek Nature Preserve Proposal - Continued William Joynes explained the process for the acceptance of the donation and the steps that would need to be taken in order to approve the donation and the creation of non-profit corporation. A neighborhood meeting is scheduled for October 16, 2000 from 5:00 p.m. to 8:00 p.m. Jeannine Clancy and Allen Barnard 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. David Fellman, 1540 St. Croix Avenue, asked if there will be any discussion as to the environmental impacts of a once-through system or if the nature preserve is the only topic for discussion. David Turbenson, 8913 Wally Street, requested that Council and staff keep the lines of communications open with the neighborhood. The Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried that the City Council authorize staff to work with General Mills in the gathering of information regarding environmental and access issues and to negotiate with them the legal structure and financing plan for the non-profit board; and recommend to the Council a public participation process. Council Member Micks voted no. Mayor Anderson requested that any Council Members who have any questions of the staff write them down and turn them into staff so they have adequate time to answer the questions. Call for Public Hearing - Drainage and Utilitv Easement Vacation - 7120 Olvmpia Street - 10/17/00 Jeannine Clancy introduced the item and answered questions from the Council. MOVED by LeSuer, seconded by Micks and motion carried unanimously to call for a public hearing to consider drainage and utility easement vacation at 7120 Olympia Street on October 17, 2000. Regular Meeting of the City Council September 19, 2000 Page 9 Bids - Glenwood Avenue Trail (Xenia Avenue to Meander Road) and Laurel/Winnetka Interim Sidewalk William Joynes recommended the Council approve the Glenwood Avenue trail and delay consideration of Laurel/Winnetka Interim Sidewalk improvement for 30 days. Jeannine Clancy answered questions from the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to award the bid for the Glenwood Avenue Trail (Xenia Avenue to Meander Road) from the lowest responsible bidder, Hardrives, Inc. for $262,048.00. The bids are as follows: Hardrives, Inc. $262,048.00 Thomas & Sons, Inc 270,311.50 Sunram Construction withdrew bid Announcements of Meetinqs The next City Council meeting is October 3, 2000 at 6:30 p.m. MOVED by Johnson, seconded by Bakken and motion carried unanimously to set the budget workshops for October 3, 2000 at 5:30 p.m.; and October 10, 2000 at approximately 7:15 p.m., after the Housing and Redevelopment Authority Meeting. Mavor and Council Communications Mayor Anderson distributed a letter from Caren Dewar, dated September 13, 2000, stating she had resigned from the Metropolitan Council and has accepted a position as Community Development Director for the Metropolitan Council effective October 1, 2000. Mayor Anderson and Council Member LeSuer will meet on Monday, September 20, 2000 at 9:00 a.m. to discuss affordable housing. Mayor Anderson stated she received a letter from The Depot in Hopkins for Kids Voting presentation on September 23, 2000 at 4:00 p.m. The Celebrating Partnership meeting with the Cites and Hopkins School District is November 30, 2000 at 6:00 p.m. at the Plymouth Community Center. Human Services Foundation Golf Tournament Council Member Johnson updated the Council on the success of the Golf Tournament and expressed appreciation and thanks to all the sponsors, golfers, volunteers and Foundation members for all their hard work. Regular Meeting of the City Council September 19, 2000 Page 10 Ad�ournment MOVED by Micks, seconded by Bakken and motion carried to adjourn the meeting at 8:50 p.m. C; Mary E. A derson, Mayor ATTEST: J d Nally, dministrative cretary