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04-15-97 CC Minutes unsigned Regular Meeting of the City Council April 15, 1997 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 April 15, 1997 at 6:30 p.m. The following members were present: Anderson, Johnson, LeSuer, Micks and Russell. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Herm Held, 5400 Circle Down, reviewed and distributed a copy of an agreement between previous owners of the nursing home and expressed concern over variances being issued by staff and not by Council action. Mayor Anderson will review the document submitted with staff and contact Mr. Held by phone and eventually in writing. *Letters and Petitions Regarding Hidden Lakes Development MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the letters and petitions regarding the Hidden Lakes Development as follows: Petition from Citizens for Twin Lake Preservation, letters from Anthony and Nancy Jo LaPlante, received February 19, 1997; David Cline, received February 19, 1997; Kathy and John Ostroot, received February 20, 1997; Caylun and Perry Johnson, received February 24, 1997; Stephen Berestka, received February 24, 1997; Francis Archambault, received February 24, 1997; Florence Reger, received February 24, 1997; John Wasche, received February 24, 1997; Mr. and Mrs. Robert Poth, received February 24, 1997; Mr. and Mrs. a. G. Palmer, received March 4, 1997; M. M. Stuart, received March 13, 1997; Elizabeth Sweeney, received March 17, 1997; Barbara Bach, received March 17, 1997; Ellis Olson, The Minneapolis Clinic of Neurology, Ltd., dated February 19, 1997; Dave Phillips, dated February 19, 1997; Petition submitted at the February 24, 1997 Planning Commission; letter from Mr. and Mrs. Charles Silverman, dated February 20, 1997; letter from Patrick Auman, THE Minneapolis, dated February 20, 1997; Mr. and Mrs. George Webinger, dated February 24, 1997; Dann Krueger, dated February 26, 1997; Glen Helgeson, dated February 27, 1997; Linda Loomis, Open Space and Recreation Commission; dated March 3, 1997; Fred Hoisington, dated March 6, 1997; Mr. and Mrs. Gerald Dahl, dated March 7, 1997; Hugh Maynard, dated March 13, 1997 and April 9, 1997; Mr. and Mrs. George Klouda, dated March 14, 1997; Hilmer Erickson, Human Rights Commission, dated March 17, 1997; Vivian Mann, dated March 29, 1997; Robert Hagen and Sheila Bahl, dated February 10, 1997; Peter Hennen, dated March 30, 1997; David Fellman, 15140 St. Croix Circle, dated April 7, 1997; James Hurd Anderson, dated April 8, 1997; Cris Stang, dated April 7, 1997; Robert Mattison, dated April 9, 1997. Regular Meeting of the City Council April 15, 1997 Page 2 *Letters and Petitions Regarding Hidden Lakes Development - Continued The following letters were received after the agenda deadline: letter from Jeffrey Peters, dated April 14, 1997; Kathleen Housen, received April 15, 1997; Delphie Duberstein, received April 15, 1997; Ludimilla Pretwich, received April 15, 1997; Lin Mills, received April 15, 1997; David Kohn, received April 15, 1997; Mr. and Mrs. Nearhoof, received April 15, 1997; Donna Raphael, received April 15, 1997; Marc McDaniels, received April 15,1997; Mary Siegler, received April 15, 1997; Russell Miller, receivd April 15, 1997; David W. Johnson, received April 15, 1997; Michael Welch, received April 15, 1997; Pam Welch, received April 15, 1997; James Humbeutel, received April 15, 1997; Kristi Johnson, received April 15, 1997; Marie Weir, received April 15, 1997; Jane Michela, received April 15, 1997; Edward and Teresa Rice, received April 15, 1997; Wayne Savela, received April 15, 1997; Max Ostrow, received April 15, 1997; Frank Gougeon, received April 15, 1997; David Swanson, received April 15,1997; Diane Swanson, received April 15, 1997; Ruta Rozentals, received April 15, 1997; Andrejs Rozenhtals, dated April 15, 1997; Maryadele Vaughan, received April 15, 1997; Edward Vaughan, received April 15,1997; Beth Lilja, recevied April 15, 1997; Patrick Lifja, received April 15, 1997; Esther DeVres, received April 15, 1997; AI and Michelle Gruidl, received April 15, 1997; Mr. and Mrs. Harold Jones, received April 15, 1997; Katherine Anderson, received April 15, 1997; Alan Flory, received April 15, 1997; Linda Grimes, received April 15, 1997; Kirby Binder, received April 15, 1997; Cathy Gorlin, received April 15,1997; Erwin Schaffer, received April 15, 1997; Barth Ward, received April 15, 1997; Arlene Bedwell, received April 15, 1997; Steve Springer, received April 15, 1997; Ward Eames, received April 15, 1997; Jim and Joon Mornes, received April 15, 1997; Kenneth Pearson, received April 15, 1997; Myra Carroll- Pezzella, received April 15, 1997; Sandy Robin, received April 15, 1997; Leonard Erickson, received April 15, 1997; John Ridler, received April 15, 1997; Stephanie Crosby, received April 15, 1997; Henry Crosby, received April 15, 1997; Gordon Benson, received April 15, 1997; Michele Zirbes, received April 15, 1997; Cori Ofstead, received April 15, 1997; Glen Helgeson, received April 15, 1997; Trent Weber, received April 15, 1997; Russell Fahlgren, received April 15, 1997; Robert Zazarov, received April 15, 1997; Tim Mahan, received April 15, 1997; Phyllis Mahan, received April 15, 1997; Richard Stephens, received April 15, 1997; Llewellyn Silesky, received April 15, 1997; Jackie Mohrbacher, received April 15, 1997; Carl Wittkowske, received April 15, 1997; Larry Richardson, received April 15, 1997; Loretta Style, received April 15, 1997; Lisa Laatson Sullivan, received April 15, 1997; Dan Sullivan, received April 15, 1997; James Sullivan, received April 15, 1997. Approval of Minutes: City Council Meeting - April 1, 1997 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the Council Meeting minutes of April 1, 1997 as submitted. Regular Meeting of the City Council April 15, 1997 Page 3 Aaproval of Agenda MOVED by Russell, seconded by Johnson and motion carried unanimously to approve the agenda of April 15, 1997 as amended: Addition of Letters and Petitions Regarding Hidden Lakes Development which were submitted after the agenda deadline; and Addition of Mayor/Council Item - Letter from Jean Lewis Regarding Resignation from the Planning Commission. Approval of Consent Agenda MOVED by LeSuer, seconded by Johnson 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. *A�.proval of Check Register MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *General Business and Heating Licenses MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the issuance of general business licenses #16576 -#16594 and #6930 -#6931. *Peddler's License - CW Marketing Services. Inc. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the peddler's license for CW Marketing Services, Inc.. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - March 24, 1997 Human Rights Commission - February 13, 1997 Building Board of Review - March 17, 1997 Public Hearing - Minor Subdivision - Lot Consolidation - Madison Avenue West 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. Regular Meeting of the City Council April 15, 1997 Page 4 Public Hearing - Minor Subdivision - Lot Consolidation - Madison Avenue West- Continued Steve Svenson, 7135 Madison Avenue North, stated he is in favor of the consolidation of the lots, expressed his concern over the storm water drainage on the site and requested the City relieve the excess water from the site. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the minor subdivision to consolidate Lots 2 and 3, Block 1, Mueller Industrial Park on condition that the final plat reflect the required easement lines around the perimeter of the site. Public Hearing - �Amendment to Comprehensive Land Use Map and Ordinance #158 - Rezoning to Residential Zoning District -4121 -4147 Golden Valley Road Allen Barnard stated the Council can combine the statements from both public hearings. Mayor Anderson introduced the agenda item and process for consideration of the items. Allen Barnard the issues the Council can consider at this time, the procedures and timing in dealing with the items. John Shardlow, representing the Hidden Lakes Development; reviewed the current and previous uses for the site, their request for rezoning and answered questions from the Council. Mark Grimes, Director of Planning and Development reviewed the Comprehensive Land Use Map amendment and process and rezoning to residential zoning district. Emilie Johnson, Planning Commissioner, presented the Commission report. MOVED by Johnson, seconded by LeSuer and motion carried to bring on the table for consideration: ORDINANCE NO. 158, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE REZONING FROM INSTITUTUIONAL ZONING DISTRICT TO RESIDENTIAL ZONING DISTRICT 4121-4147 Golden Valley Road (Portion of Golden Valley Health Center P.U.D. No. 45) Hidden Lakes Development, LLP; Applicant RESOLUTION 97-41 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY LOACTED AT 4121-4147 GOLDEN VALLEY ROAD (PORTION OF THE GOLDEN VALLEY HEALTH CENTER PUD NO. 45) Regular Meeting of the City Council April 15, 1997 Page 5 Public Hearing - Amendment to Comprehensive Land Use Map and Ordinance #158 - Rezoning to Residential Zoning District -4121 -4147 Golden Valley Road - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hugh Maynard, 1420 Spring Valley Road, opposed to adding any more buildings to the peninsula of land between Twin Lake and Sweeney Lake, and feels Outlot B should be left with its present zoning, present comp plan and present PUD designation, feels Twin Lake should be preserved in its secluded and clean condition. Dean Zimmerman, Minneapolis Park and Recreation Board, stated Minneapolis has a well known park system and feels one reason for this is the predecessors had vision and left a legacy for future generations, wants the Council to think what will happen in 75-100 years; and when you are asking for comments from surrounding jurisdictions, please don't forget us. Eric Streed, 209 Meadow Lane, stated one of the reasons he recently purchased his house was because of the park system within a block, and stated he would regret it if the reason he moved into the area begins to diminish. David Cline, 4700 Killarney Drive, endorses what the Minneapolis Park Board Member stated and supports the Council voting to preserve the habitat for generations to come and think of the great leaders that made parks in our city and nation that preserve the beauty of our country and that we not think of some tax dollars, feels the wildlife will be effected if there is increased density and land use. Albert Hunm, 2340 Lee Avenue North, feels there is nothing wrong with homes going into that area, feels the development will increase the tax base and school taxes. Glen Helgeson, 1241 Toledo Avenue North, feels the Council should not change the zoning laws for the peninsula to residential as he feels the peninsula is, by and large, unbuildable, feels the measurements on the maps and the design plan by the developer are inaccurate and misleading to the Council, stated that he and others went to the site and measured the peninsula and found the measurements are different, and reviewed their findings, developer used the wrong line for the high water marks, and wants to see the peninsula protected. Ron Johnson, 1745 Marion Street, #10, Roseville, the developer is saying he is saving the lake from intensive use by changing it to residential zoning, and feels this lake is not being used intensively now and hopes it never is, opposed to development, there is no place like it in the finrin cities, at the very least save the peninsula. Regular Meeting of the City Council April 15, 1997 Page 6 Public Hearing - Amendment to Comprehensive Land Use Map and Ordinance #158 - Rezoning to Residential Zoning District - 4121 -4147 Golden Valley Road - Continued Corey Austed, 1241 Toldeo Avenue North, expressed concern over soil quality, water table issues, potential erosion, bridge and road providing access to the homes for personal use, construction equipment and emergency vehicles, she read portions of a letter from GME Consultants to William Huser about borings and soil conditions on the peninsula, she stated she is opposed to building on the peninsula. Jeff Hazdon, 9325 Nesbit Road, Bloomington, Vice President, Sierra Club, Northstar Chapter, stated there are members, some of which live in Golden Valley, who are concerned over the protection of the property, the club is concerned over urban sprawl, the lack of urban and regional land use planning, urges the protection of the property and suggested making a park site of the property. Irene Serr, 500 Turnpike Road, wants the Council to think of the legacy you might be leaving as far as quality of life goes, and expressed concern for the peninsula. David Fellman, 1540 St. Croix Circle, believes there is a hole on the site where medical waste and MnDOT waste was thrown in the past, feels that proper environmental tests should be made as we don't know the extent of the dumping; feels the rezoning and map plan should not be considered until the environmental issues have been taken care of, and asked if the DNR got a copy of the public hearing notice. Vicky Lee Newman, 3439 Bryant Avenue North, Minneapolis, she and others enjoy the natural undisturbed area of Twin Lake for a number of years, although she was assaulted in the area, he feels the unique area should remain undeveloped and be left as it is. Dina Watson, 1910 Kyle Place, adamantly oppose the rezoning until there is more discussion with more people invited to the table. Bob Mattison, 1120 Angelo Drive, there are many questions about the peninsula, feels the peninsula is unbuildable and the Council should take that into consideration when you consider whether to rezone the property residential, Twin Lake is a true resource and it should be preserved, supports the concept of residential development on Glenwood Hills hospital site but the peninsula should be left as it is. Jeffrey Peters, 3439 Bryant Avenue North, Minneapolis, stated he helped get signatures for the petition and that most of the people he spoke to were against development of the site and reviewed some of the comments he received, concerned for increase tax base, preservation of a unique area in an urban setting, feels the peninsula should be designated a wild and natural area and shouldn't be rezoned until that has been decided. Barney Rosen, 4820 Kilarney Drive, stated if the peninsula was developed no one would be able to enjoy it. Regular Meeting of the City Council April 15, 1997 Page 7 Public Hearing - Amendment to Comprehensive Land Use Map and Ordinance #158 - Rezoning to Residential Zoning District -4121 - 4147 Golden Valley Road - Continued Tree Allen Parson, 241 North Cedar Lake Road, Minneapolis, uses Twin Lake for swimming in the summer and feels it should be developed into a park not destroyed. Don Paquette, 2000 Aquila Avenue North, wants the Council to preserve the peninsula, ask the Planning Commission to make a recommendation regarding the development of the peninsula, and asked if anyone checked the developers background. Wallace Belcher, III, 2760 Kirkwood Lane, Plymouth, asked if there is a guard gate for the entryway into the development how will they cordon off the rest of the development, what's going to happen to the lake when the retaining wall is built; suggested the land around the lake should be zoned recreational. Michelle Dakinfield, 2176 North Oxford Street, Roseville, stated she enjoys the natural beauty of Twin Lake and feels the Council should save the natural environment that is becoming so rare in the area, and feels that rezoning the area around Twin Lake is the first step to destroying it. David Hanson, 1030 Angelo Drive, stated he favors the plan as it does a good job of getting rid of an eyesore that will take a lot of cost to get cleaned up, feels it is a good use of the land and the plan should go forward. Sharon Mattison, 1120 Angelo Drive, feels the Council doesn't have all the information necessary to make a decision about the peninsula, and asked that a ground survey be done before approval of development of the peninsula, feels the developer should abide by the zoning codes, and no variances for the development of the peninsula should be granted, is not opposed to the rest of the development, this area is a pertect example of a legacy and should be preserved for the next generation, and doesn't see how a house could be built on the peninsula. Jerry Secord, 2801 Major Avenue North, stated he likes the idea of great houses and agrees with concerns for the peninsula and asked why a portion of the site could be used for low density and part for a park. Dan Kiser, 2524 Harriet Avenue South, Minneapolis, is a licensed tree inspector and urban forester and expressed concern over fragmentation of development, stated you can't reverse the destruction of the planet and reforest the planet by cutting down trees. Mike and Linda Rawson, 1114 Washburn Avenue North, Minneapolis, stated their family enjoys Twin Lake and uses it year round and opposed to any building, and feels the area should be kept for everyone to enjoy, and showed pictures of the wildlife they have seen in the area. Regular Meeting of the City Council April 15, 1997 Page 8 Public Hearing - Amendment to Comprehensive Land Use Map and Ordinance #158 - Rezoning to Residential Zoning District -4121 -4147 Golden Valley Road - Continued Robert Watson, 1910 Kyle Place, expressed concern over environment and traffic on Golden Valley Road. Robin Peterson, 3341 Kyle Avenue North, expressed concern over the traffic on Golden Valley Road as there are only two through streets off of Golden Valley Road, Kyle Avenue and Noble Avenue and the ramifications of the traffic on the through streets and wants the traffic issue looked into. Tom Abbott, 2562 Alabama Avenue, St. Louis Park, disagrees with building on the peninsula, think the developer bought the land without any guarantees and has to accept the risk if he is unable to build on the peninsula. John Rajkowski, 7811 Western Avenue, in favor of the development and feels there are major tax implications for the City with the development, and feels that every environmental standard will be met. The Mayor closed the public hearing. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 97-41 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY LOACTED AT 4121-4147 GOLDEN VALLEY ROAD (PORTION OF THE GOLDEN VALLEY HEALTH CENTER PUD NO. 45) 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, Johnson, Micks and Russell; and the following voted against the same: LeSuer, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. MOVED by Russell, seconded by Johnson and motion carried unanimously to approve Ordinance #158, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - NO MICKS - YES RUSSELL - YES *A�proval of Requests for Beer and/or Wine at Brookview Park MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Regular Meeting of the City Council April 15, 1997 Page 9 *Receipt of March, 1997 General Fund Budget Report MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the March 1997 general fund budget report. *Re�eipt of West Suburban Mediation Center First Quarter Report MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the West Suburban Mediation Center First Quarter Report. Authorizing Issuance of Certificate of Indebtedness for the Purchase of Public Safet�, Public Works and General Administration Equiament Don Taylor, Finance Director introduced the agenda item and answered questions from the Council. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 97-42 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFCATE OF INDEBTEDNESS FOR THE PURCHASE OF PUBLIC SAFTEY, PUBLIC WORKS AND GENERAL ADMINISTRATION EQUIPMENT The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks and Russell; 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. *Cancellation of Special Assessment Levied Against Former White House PropertX Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 97-43 RESOLUTION CANCELLING SPECIAL ASSESSMENTS LEVEIED PREVIOUSLY AGAINST WHITE HOUSE PROPERTY 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, Johnson, LeSuer, Micks and Russell; 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 April 15, 1997 Page 10 Authorization to Submit Application for Tobacco Ordinance Preemption Waiver Dean Mooney, Director of Public Safety introduced the agenda item and answered questions from the Council. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-44 RESOLUTION AUTHORIZING APPLICATION FOR TOBACCO ORDINANCE PREEMPTION WAIVER 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, Johnson, LeSuer, Micks and Russell; 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 - Miscellaneous Concrete Repair MOVED by LeSuer, seconded by Micks and motion carried unanimously to award the bid for miscellaneous concrete repair for 1997 from the lowest responsible bidder, Ron Kassa Construction, Inc. for the corrected bid of$48,075. The bids were as follows: CORRECTED BID BID Ron Kassa Construction, Inc. $45,375 $48,075 S. M. Hentges 49,380 Gunderson Bros. Cement 52,198 Scandy Concrete, Inc. 58,805 *Bids - 97 SI 18 - Poplar Drive MOVED by LeSuer, seconded by Micks and motion carried unanimously to award the bid for the reconstruction of Poplar Drive, 97 SI 18 from the lowest responsible bidder, Alber Asphalt for $87,134.90. The bids were as follows: Alber Asphalt $87,134.90 Valley Paving 94,266.40 DMJ Corporation 96,734.95 Lan Dar, Inc. 97,210.50 Bituminous Roadways 109,383.00 Regular Meeting of the City Council April 15, 1997 Page 11 *Bids - Police Vehicles MOVED by LeSuer, seconded by Johnson and motion carried unanimously to award the bid for police vehicles from the State of Minnesota purchasing contract with Superior Ford for $35,532.00. Announcements of Meetings The Board of Review will be held on April 17, 1997 at 7:00 p.m. in City Hall. The Council/Manager Meeting will be held on April 29, 1997 at 5:30 p.m. in the Council Conference Room at City Hall. The Housing and Redevelopment Authority will be held on April 29, 1997 at 7:00 p.m. in the Council Chambers at City Hall. The Association of Metropolitan Municipalities Annual Meeting will be held on May 29, 1997. The Council will discuss the date for the Board/Commission Recognition Dinner at an upcoming meeting. Mayor and Council Communications No action and/or discussion took place. Registration for LMC Annual Conference Mayor Anderson stated the Council Members should notify staff if they plan on attending the LMC Conference. *Receipt of Community Action for Suburban Hennepin County 1996 Annual Report MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file the Community Action for Suburban Hennepin County 1996 Annual Report. Golden Valley Women of Today Fun Fest Mayor Anderson introduced the agenda item. Last year there were enough volunteers but not enough booths to work. This year the Council should state they are willing to work if there is a need for them to participate. Regular Meeting of the City Council April 15, 1997 Page 12 Process for Planning Commission VacancX Mayor Anderson introduced the agenda item, and suggested staff distribute copies of information on the people who have applied and those that have not been interviewed and list those who have been appointed to board/commissions over the last two years who had listed Planning Commission as their first choice. The item was also put on the Council/Manager Meeting for April 29, 1997. MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the letter from Jean Lewis, dated April 9, 1997 regarding her resignation from the Planning Commission and request the Mayor send her a letter in appreciation of her service to the community. Adjournment MOVED by Russell, seconded by Johnson and motion carried unanimously to adjourn the meeting at 9:50 p.m. Mary E. Anderson, Mayor ATTEST: Judy Nally, Administrative Secretary