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08-01-89 CC Minutes Regular Meeting of the City Council August 1 , 1989 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, F�innesota was held at 8200 Wayzata Boulevard in said City on August 1 , 1989 at 6:30 P1�1. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: bdilliam Joynes, City P1anage r; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Deputy City Clerk. Approval of Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the agenda of August 1, 1989 as amended: Addition of Depa rtmental Item - Requests to Serve Beer and/or Wine at Brookview Park: Golden Valley Fire Department and First Bank Systems. Approval of Consent Aqenda MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding Departmental Item - Requests to Serve Beer and/or Wine at Brookview Park: Golden Valley Fire Department and First Bank Systems. *Bills and Claims MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize payment of the bi l ls as submi tted. *Licenses MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the issuance of license #12809 and #6086 to #6092. *Notice of Claim - Scott Anthony Tompkins MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the Notice of Claim for Scott Anthony Tompkins. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - June 27, 1989 Board of Zoning Appeals - July 11, 1989 Planning Commission - July 24, 1989 Regular Meeting of the City Council August 1 , 1989 Page 2 *Call for Public Hearing - Conditional Use Permit - 723 Winnetka Avenue North - 9/5/89 MOVED by Johnson, seconded by Thompson and motion carried unanimously to call a public hearing to consider approval of a conditional use permit to operate a delivery/carry-out restaurant facility at 723 Winnetka Avenue North in a commercial zoning district for September 5, 1989. *Call for Public Hearing - Preliminary Design Plan and General Plan Approval - PUD #46 - Amendment #2 - Calvary Lutheran Church - 9/5/89 MOVED by Johnson, seconded by Thompson and motion carried unanimously to call a public hearing to consider preliminary design plan and general plan approval for PUD #46, Amendment #2, Calvary Lutheran Church for September 5, 1989. Continued Public Hearin - Preliminar Plat A �roval for Minor Subdivision - �0 Me�nder oad Lowell Odland reviewed the grading/drainage plan. Roger Ulstad, Proponent, updated the Council on the grading/drainage plan. The hlayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dave Johnson, 220 Cutacross Road, opposed, read and distributed copies of a report prepared by Barr Engineering Company of the effects of building a house may have on the area. Dick and Lorraine Dahl , 211 Paisley Lane, opposed, concern over impact on property values, flooding, feels there should be a moratorum on subdivsions until the new regulations are in place. Henry Lazniarz, 6935 Glenwood Avenue, opposed, expressed concerns over interpre- tation of subdivision regulations and feels the city should get a second legal opinion. John Borman, 117 Paisley Lane, opposed, feels the current ordinances have flaws and requested a moratorium on subdivisions until Council considers a new ordinance. David P�oeller, 209 Cutacross Road, opposed, concerns ove r interpretations of the Minnesota Statute and City Code. Art Flanagan, 316 t4eander Road, opposed, feels the Council should not allow any large lots to be subdivided. Jerry Thrall , 116 Pleander Road, opposed, is concerned the Council is changing its direction and allowing subdivisions of large lots, and feels it devalues the property. The P•1ayor closed the public hearing. Regular Meeting of the City Council August 1 , 1989 Page 3 Continued Public Hearing - Preliminary Plat Approval for Plinor Subdivision - 309 P�eander Road - Continued Lowell Odland answered questions regarding the Barr Engineering report. Allen 6arnard answered questions regarding the procedure for initiating a moratorium on subdivisions of residential lots. MOVED by Stockman seconded by Bakken and motion carried to approve the preliminary plat for minor subdivision for 309 Meander Road, subject to the condition that prior to a building permit being issued the city receive a drainage/grading plan. Council Members Johnson and Thompson voted no. MOVED by Bakken, seconded by Thompson and motion ca rried unanimously to call a public hearing, subject to legal notice requirements, to consider an ordinance amendment regarding a moratorium of subdivisions of residential lots for Sept�nber 5, 1989, and further it is the Council 's intent the moratorium is applicable immediately for any subdivisions not previously received by staff. Public Hearing - Preliminary Design Plan Approval and First Consideration - Ordinance Amendment - General Plan Approval - PUD #34 - Amendment #1 - Golden Valley Lutheran College William Joynes introduced the agenda item. Jim Undercofler, �>1N Center for Arts Education, Proponent was present to review the design plan and answer questions from the Council . Linda McCrakken-Hunt, Planning Cornmissioner, stated the Commission recommended approval of the plan. The F�ayor 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 Thompson and motion carried unanimously to approve the preliminary design plan for PUD #34, Amendment #1 , Golden Valley Lutheran College/Minnesota School and Resource Center for the Arts. MOVED by Thompson, seconded by Stockman and motion carried unanimously to consider first consideration of the ordinance so the school will be able to open after labor day. Regular Pleeting of the City Council August 1, 1989 Page 4 Public Hearing - Preliminary Design Plan Approval and First Consideration - Ordinance Amendment - General Plan Approval - PUD #34 - Amendment #1 - Golden Valley Lutheran College - Continued MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve for discussion purposes the following ordinance, subject to the following conditions: ORDINANCE 24, ZND SERIES AN ORDINANCE AMEPdDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 34 - Amendment #1) 6125 O1son P�emorial Highway Golden Valley Lutheran College/f1innesota School and Resource Center for the Arts Proponent b. The buildings and campus may also be utilized by the P�innesota School and Resource Center for the Arts. The School and Resource Center will have approximately 270 full time students in the llth and 12th grades. Approximately 200 students will live in Delta dorm. Classes will be held in the Administrative/Classroom building. The School and Resource Center will also include part time programs for high school students in grades 9-12. These part time students will occupy dorm space for 1-3 week sessions during the normal school year and summe r. The Resource Center will include teachers and arts professionals conducting research in the Learning Resource Center (Library, ) and short term workshops for arts teachers. The School and Resource Center may occupy any other of the bui 1 di ngs on the site for its activities. The School and Resource Center may sublease any of the buildings to Arts related organizations that are consistent with the purpose of the School. Jim Undercofler, MN Center for Arts Education, Proponent was present to review the plan and answer questions from the Council . The �layor 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. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKh1AN - YES THO(�1PSON - YES Public Hearing - Prelimina� Design Plan Approval - PUD #28 - Amendment #3 - Pondwood Office Park Lowell Odland introduced the agenda item. Jerry Mundt, Proponent, was present to review the design plan and answe r questions from the Council . Regular Meeting of the City Council August 1, 1989 Page 5 Public Hearing - Preliminary Design Plan Approval - PUD #28 - Amendment #3 - Pondwood Office Park - Continued Linda ��1cCrakken-Hunt, Planning Commissioner, stated the Commission recommended denial of the plan. 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 P�ayor closed the public hearing. MOVED by Thompson, seconded by Bakken and motion carried to approve the preliminary design plan for PUD #28, Amendment #3, subject to the following condition: There shall be no further structural additions to the site. Council Member Johnson voted no. Public Hearin - Preliminar Desi n Plan A roval - PUD #57 - Northwirth ommerce entre William Joynes introduced the agenda item. Ron Erickson, K K & E Architects, was present to review the design plan and answer questions from the Council . Linda �1cCrakken-Hunt, Planning Cor�missioner, stated the Commission recommended approval of the plan. The �1ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Jerry Mundt, 4212 Poplar Drive, concered over traffic on �leadow Lane, increase in number of traffic lights. Cam Johnson, P�.A. �1ortenson, concerned over evening traffic and traffic light at Ardmore, and concern over trucks being able to get onto Highway 55. The Mayor closed the public hearing. The Council and staff expressed concerns and discussed traffic projections, flow, truck traffic options, set back requirements, landscaping, "sea" of asphalt in parking lot. P�90VED by Johnson, seconded by Thompson and motion carried unanimously to approve the preliminary design plan for PUD #57, North Wirth Cor�r�erce Centre. - Continued Public Hearinq - First Consideration - Ordinance Amendment - Conditional Use Permit - 1900 Douglas Drive William Joynes stated the proponent requested the Council delay action on this item until September 5, 1989. MOVED by Thompson, seconded by Bakken and motion carried unanimously to continue the publi c heari ng for fi rst consideration of the ordi nance amendment regardi ng a conditional use permit for 1900 Douglas Drive to September 5, 1989. Regular P=1eeting of the City Council August 1 , 1989 Page 6 Public Hearinq - First Consideration - Ordinance Amendment - Sidewalk/Driveway Construction P10VED by Johnson, seconded by Thomspon and motion carried unanimously to approve for discussion purposes the follo�ving ordinance: ORDINANCE 25, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendment to Chapter 7 Entitled "Streets and Sidewalks Generally," by Adding a New Section 7.11 Relating to Sidewalk and Driveway Construction) Lowell Odland introduced the agenda item. The Elayor 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 P1ayor closed the public hearing. Upon a voice vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOP7PSON - YES Waiver of Public Hearing - 7200 Olympia Street Lowell Odland presented the project. The f1ayor 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 Playor closed the public hearing. Plember Stockman introduced the following resolution and moved its adoption: RESOLUTIO�J 89-45 RESOLUTION LJAIVING THE PUBLIC HEARING PURSUANT TO P�INNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTIOPJ OF CERTAI N PROPOSED PUBL IC IMPROVE�9ENTS 89 SI 13 The rnotion for the adoption of the foregoing resolution was seconded by Pd1ember Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. Regular t�eeting of the City Council August 1 , 1989 Page 7 *Requests for Beer and/or Wine at Brookview Park �10VED by Johnson, seconded by Thompson and motion carried unanimously to receive, file and approve the following requests: IDS Financial Services Inc. , dated July 13, 1989, to serve beer and wine on August 29, 1989 from 5:00 PM until dusk at the large shelter; NFO Research, Inc. , dated July 20, 1989, to serve beer and wine on August 11, 1989 from 11:00 AM to 4:00 P�9 at the large shelter; P�etropolitan P�ledical Center Former Employees, dated July 25, 19�9, to serve beer and wine on September 6, 1989 from 5:00 PP� until dusk at the large shelter; Mahoney, Walling & Kelley, dated July 25, 1989, to serve beer and wine on August 5, 1989 from 1:00 PP1 to 6:00 PP1 at the large shelter; The Singles Event, dated July 20, 1989, to s�rve beer and wine on August 13, 1989 from 5:00 PM until dusk at the small shelter; Sit Investment Associates, Inc. , dated July 20, 1989, to serve beer and wine on September 30, 1989 from 11:00 AM until dusk at the large shelter; P. H. Brink International , dated July 19, 1989, fra:� 5:30 PP� to 8:30 Ph1 at the large shelter; ��nDOT District 5, dated July 20, 1989; to serve beer on August 22, 1989 from 5:00 PM until dusk at the large shelter; Greg & Char Duppler, received July 24, 1989, to serve beer and wine on August 15, 1989 from 5:00 PM until dusk at the large shelter; General Mills, Inc. (Quality Control ) , dated July 24, 1989, to serve beer and wine on August 31, 1989 frori 5:00 PP� until dusk at the large shelter; Nenry 35th Reunion, dated July 26, 19�9, to serve beer and wine on August 27, 1989 from 11:00 AP1 to 4:00 PM at the large shelter; Golden Valley Fire Department, dated July 31, 1989, to serve beer and wine on August 12, 1989 from 11:00 AP1 to 4:00 PM at the large shelter; and First Bank System, dated July 27, 1989, to serve beer and wi ne on August 11, 1989 fror;� 5:�0 PP1 until dusk at the large picnic shelter at Brookview Park. *Authorization for Playor and P�anager to Si�n Subrecipient Agreement for CDBG Program Plember Johnson introduced the following resolution and moved its adoption: RESOLUTION 89-46 RESOLUTION AUTHORIZING THE EXECUTION OF A SUBRECIPIENT AGREEP�ENT WITH HENPdEPIN COUNTY FOR COMh1UNITY DEVELOP�IENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was seconded by t�1ember Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. Regular Pleeting of the City Council August 1, 1989 Page 8 *Resolution Authorizing Issuance and Sale of $300,000 General Obli ation Equipment Certificates of Indebtedness P�ember Johnson introduced the following resolution and r�oved its adoption: RESOLUTION 89-47 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $300,000 GENERAL OBLIGATION EQUIPP1ENT CERTIFICATES OF INDEBTEDNESS, SERIES 1989A The motion for the adoption of the foregoing resolution was seconded by Member Thor�pson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Qakken, Johnson, Stockman and Thor�pson; and the fol lowi ng voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Playor and her signature attested by the City Clerk. *Authorization to Amend Contract with Westwood Professional Services to Provide Staki ng and Inspection for Civic Center Parki ng Lot P�OVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the hiring of Westwood Professional Services to provide construction staking and inspection of the Civic Center parking lot project, for an amount not to exceed $8,800.00. *Bids - 89 SI 2 (Street Improvement) - Turners Crossroad MOVED by Johnson, seconded by Thompson and motion carried unanimously to award the bid for 89 SI 2 to the lowest responsible bidder, Hardrives, Inc. for $358,791.95. The bids were as follows: Amount Bid Corrected Bid Hardrives, Inc. $358,791.95 Progressive Contractors 364,878.35 Bury & Clarson 368,957.95 Northwest Asphalt 374,512.10 Alber Construction 384,364.15 $384,361.05 Preferred Paving 394,428.30 C. S. f�lcCrossan 414,263.65 404,513.65 *Quotes - Soil Investigations - Winnetka Avenue P�OUED by Johnson, seconded by Thompson and motion carried unanimously to authorize soil analysis on Winnetka Avenue, between Harold Avenue and lOth Avenue, from the lowest responsible bidder, ��9E Consultants, Inc. for $1,000.00. The quotes are as follows: Gr1E Consultants, Inc. $1 ,000.00 Braun Engineering Testing 1,700.00 Regular ��eeting of the City Council August l, 1989 Page 9 Announcements of Meetings The Council will interview prospective applicants to the Housing Task Force on August 15, 1989 beginning at 5:30 PM at the Brookvievr Community Center. Mayo r's Communications - Miscellaneous Items P�ayor Anderson reported that Sandra Hilliray has been appointed from our area to the Regional Transit Board. William Joynes and Council Member Stockman updated the Council on the sale of the Cable franchise and the funds the city will be receiving because of the sale. The Council will discuss this in more detail at an upcoming Council/h1anager meeting to review how the funds should be spent within the Cable program. Planning Commission Reports (Subdivision and Planning Hot Spots) The Council will discuss the Subdivision Regulations and Planning Hot Spots at its September Council/Manager meeting. Staff was requested to review the background information and prepare a report to the Council regarding the pros, cons, concerns, issues and options regarding these items. Adjournment P�OVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 9:51 PP�. .�� �� � ,�a a ry E nde rso n, Mayo r ATTEST: �. u y Na y, Deputy ity Clerk