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09-16-97 CC Minutes unsigned Regular Meeting of the City Council September 16, 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 September 16, 1997 at 6:30 p.m. The following members were present: Anderson, Johnson, LeSuer, Micks and Russell. Also present were: Mark Grimes, Director of Planning and Development; Fred Salsbury, 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 Council continued the meeting. *Letter from Georgia Goodwin Regarding Ordinance #168 MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the letter from Georgia Goodwin, dated September 13, 1997 regarding Ordinance #168. Approval of Minutes: Council/Manager Meeting - September 9, 1997; and City Council Meeting - September 2, 1997 MOVED by Russell, seconded by LeSuer and motion carried unanimously to approve the Council/Manager Meeting minutes of September 9, 1997 and the City Council Meeting of September 2, 1997 as submitted. Approval of Agenda MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve the agenda of September 16, 1997 as amended: Addition of Letter and/or Petition - Letter from Georgia Goodwin Regarding Ordinance #168; and Departmental Item - Request by Hidden Lakes Development to Initiate Certain Preliminary Site Work Prior to General Plan Approval and Removal of Organizational Item - General Business and Heating Licenses - #16717 - #16718 and On Sale and Sunday Liquor License - MBA Enterprises LLC d/b/a Metropole. Approval of Consent Aqenda MOVED by Johnson, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk adding Letter from Georgia Goodwin Regarding Ordinance #168. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council September 16, 1997 Page 2 �A�proval of Check Register MOVED by Johnson, seconded by Micks and motion carried unanimously to authorize payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by Micks and motion carried unanimously to authorize the issuance of general business licenses #6970 - #6971. *Gambling License Exemption and Waiver of Notice Requirement - Fraser CommunitX Services MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Fraser Community Services. �`Minutes of Boards and Commissions MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - August 25, 1997 Black History Committee - September 4, 1997 Continued Public Hearing - General Plan Approval - Ordinance #167 - PUD #71 - ValleX Creek The following ordinance was MOVED by Micks, seconded by Russell: ORDINANCE #167, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development Valley Creek PUD #71, Second Addition Valley Creek Development, LLC, Applicant Fred Salsbury introduced the agenda item. Jim Winkels, Amcon and Tom Dillon, Dunbar 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. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council September 16, 1997 Page 3 Continued Public Hearing - General Plan Approval - Ordinance #167 - PUD #71 - ValleX Creek - Continued MOVED by Russell, seconded by Johnson and motion carried unanimously to approve Ordinance #167, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES Public Hearing - Easement Vacation - Portion of Ensiqn Avenue North at Medicine Lake Road Mark Grimes 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 Johnson, seconded by Micks and motion carried unanimously to continue the public hearing on the easement vacation for a portion of Ensign Avenue North for October 7, 1997. Public Hearing - Ordinance #168 - Rezoning to Industrial Zoning District - North 100 Feet of Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontaae Road and Public Hearing - Preliminary Plat Approval - GBC Partners Addition The following ordinance was MOVED by Russell, seconded by LeSuer: ORDINANCE #168, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Open Development Zoning District to Industrial Zoning District The North 100 Feet of the Property Located at the Northeast Quadrant of Zane Avenue and the Olson Memorial Highway Frontage Road GBC Partners, LLP, Applicant Mark Grimes, Director of Planning and Development, presented the staff report. Connie Larson, Applicant, Brad Moen, Moen Leuer Construction and Jerry Brill, Attorney, reviewed the request and answered questions from the Council. Rick Martens, Planning Commission, 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. Regular Meeting of the City Council September 16, 1997 Page 4 Public Hearing - Ordinance #168 - Rezoning to Industrial Zoning District - North 100 Feet of Northeast Quadrant of Zane Avenue and Olson Memorial Hi.hway Frontage Road and Public Hearing - Preliminary Plat Approval - GBC Partners Addition - Continued Georgia Goodwin, 5806 Olson Highway, stated she feels that no matter what happens, no matter how much screening is involved and no matter how good a neighbor the Larsons will be she still doesn't want to have a warehouse in her backyard, expressed concern about landscaping, property values and hardship for the neighborhood. Don Edson, 5804 Olson Memorial Highway expressed concern over the property values, feels the variances are significant. Jim Trettil, 5802 Olson Memorial Highway, has had problems with Printed Media but they have solved them, and opposes the project and feels the residential homeowners are being pushed out, doesn't feel it is feasible to put that building on that land. The Mayor closed the public hearing. MOVED by Russell, seconded by LeSuer and motion failed to approve Ordinance #168, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - NO LESUER - YES MICKS - NO RUSSELL - YES Council Member Micks stated her rationale as follows: 1. The adjoining property which the applicant plans to combine with the subject parcel was rezoned industrial only for a parking lot which would serve a preexisting use across the street. It was not rezoned for an industrial building. 2. The highest and best use of the parcel and the adjoining parcel is for office and professional building - a transitional use. The features of the parcel dictate its use for an office and professional building. 3. The requested rezoning will make it possible to utilize the subject parcel and the adjoining parcel for a large intrusive industrial building which will have a disastrous impact on the adjacent residential area. An industrial building in the backyard of these residences is unacceptable and contrary to the intent of the City Zoning Code. Council Member Johnson stated the following rationale for denying the rezoning request: 1. Because of the preexisting, conditional variances the effect of rezoning the subject parcel is to permit construction of a large industrial building which will have a disastrous effect on the residences adjacent to it. 2. The proposed building will be enormous and is unacceptable in the backyards of the neighboring residences. 3. The impact of the rezoning and the proposed industrial building will be to decrease the property values of the adjacent residential property. Regular Meeting of the City Council September 16, 1997 Page 5 Public Hearing - Ordinance #168 - Rezoning to Industrial Zoning District - North 100 Feet of Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontage Road and Public Hearinq - Preliminary Plat A�proval - GBC Partners Addition - Continued 4. A reasonable person would not expect the City to grant a 72 foot variance so that an industrial building as large as the footprint of the Old Federal Reserve Building could be constructed 28 feet from residential lot lines. Mark Grimes, Director of Planning and Development, stated the Council may want to ask the applicant about consideration of the preliminary plat because without the rezoning of the property they may not be interested in purchasing the property from R. L. Johnson. MOVED by Russell, seconded by LeSuer and motion carried unanimously to table the requested action on the preliminary plat approval of GBC Partners Addition until staff has had an opportunity to talk to the applicants. Public Hearina - Easement Vacation - Portion of Lot 1, Block 1. Golden Hills West 2nd Addition Fred Salsbury 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-60 RESOLUTION FOR VACATION OF A PORTION OF LOT 1, BLOCK 1, GOLDEN HILLS WEST 2ND ADDITION 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. *A�proval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by Micks 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 September 16, 1997 Page 6 *Call for Public Hearing - Special Assessment - 10/7/97 MOVED by Johnson, seconded by Russell and motion carried unanimously to call for a public hearing for October 7, 1997 at 7:00 p.m. as the date for the special assessment public hearing on the following projects: 97 SI 18 - Poplar Drive; RSL 218 - Kyle Avenue North, Adell Avenue to 34th Avenue North; 90 SS 8 - Thorpe Brothers; delinquent utility bills, and miscellaneous charges. Authorization to Sign PUD Permit - PUD #71 - Valley Creek Second Addition Mark Grimes introduced the agenda item. MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for PUD #71, Valley Creek Second Addition. Approval of Plat - PUD #71 - Valley Creek Second Addition Mark Grimes introduced the agenda item. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 97-61 RESOLUTION FOR APPROVAL OF PLAT VALLEY CREEK PUD #71, SECOND ADDITION 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 September 16, 1997 Page 7 Certification of 1998 Proposed Tax Levx Don Taylor, Finance Director, introduced the agenda item answered questions from the CounciL MOVED by Johnson, seconded by LeSuer and motion carried to approve the proposed tax levy for 1998. Council Member Micks voted no. 1998 Proposed Gross Levy General Fund Operating Levy $6,702,130 Street Improvement Levy 981,075 Bonded Debt Levy 1.321.920 Total 1998 Proposed Gross Levy $9,005,125 Less: 1997/98 Homestead and Agricultural Credit Aid (HACA) (1.736,400) Total 1998 Proposed Net Levy $7,268.725 Call for Public Hearing - 1998 Budgets �General. Water and Sewer Utility. Brookview Golf. Conservation/Recycling, Human Services Foundation. Storm Sewer Utility, Vehicle Maintenance. and Motor Vehicle Licensing Funds) Mayor Anderson introduced the agenda item. MOVED by Micks, seconded by Russell and motion carried to set December 6, 1997 at 9:30 a.m. as the date for the formal public hearing for the formal Truth in Taxation Public Hearing, and December 15, 1997 at 7:00 p.m. for the reconvened public hearing (if needed). Authorizing Execution of Sub-Grant Agreement for Federal Disaster Assistance Dean Mooney, Director of Public Safety introduced the agenda item. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 97-62 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT FOR FEDERAL DISASTER ASSISTANCE 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 September 16, 1997 Page 8 Request by Hidden Lakes Development to Initiate Certain Preliminary Site Work Prior to General Plan Approval Mark Grimes, Director of Planning and Development introduced the agenda item. Bill Huser, Hidden Lakes, reviewed their request and answered questions from the Council. MOVED by Russell, seconded by Johnson and motion carried unanimously to approve the grading permit for the alignment of Hidden Lakes West Drive, including the placement of utilities in the alignment of said road subject to approval by the Bassett Creek Water Management Commission (BCWMC) and any modifications made by the BCWMC or city staff. *Quotes - Reversible Snowplow. Hitch and Sander MOVED by Johnson, seconded by Russell and motion carried unanimously to purchase a snowplow, hitch and sander from the lowest responsible bidder Aspen Equipment Company for a total of$9,308.63. The quotes are as follows: � MacQueen Equipment $9,688.00 Aspen Equipment Company 9,308.63 Announcements of Meetina Mayor Anderson reviewed the meetings and discussions held with staff regarding the Pavement Management Plan. The Council will hold a Special Council/Manager Meeting on October 6, 1997 at 6:30 p.m. to discuss the staff proposal and begin discussion of the Pavement Management Plan. The Council will set dates for the budget workshop along with future dates for discussion of the Pavement Management Plan at its October 7, 1997 Council Meeting. The League of Women Voters Candidate Night is scheduled for October 15, 1997 at 7:00 p.m. at City Hall. Mayor and Council Communications No action and/or discussion took place. Presentation by Kids. Education. Environment & You (KEEY) - ParkValley Catholic School Two students from the ParkValley Catholic School presented the Council with a plaque for participation in helping make the KEEY Program a success. The Council thanked the students for the plaque and for their participation in the KEEY Program. Regular Meeting of the City Council September 16, 1997 Page 9 *Proclamation for Child Health Month - October 1997 MOVED by Johnson, seconded by Micks and motion carried unanimously to proclaim October 1997 as Child Health Month in Golden Valley. Golden Valley Foundation Run for the ValleX Council Member Johnson reviewed the plans for the Run for the Valley to be scheduled on September 20, 1997 beginning at 8:00 am and encouraged participation by all. Council Member Johnson also wanted to thank the Foundation, Staff and Volunteers for their participation in the Golf Tournament. Adjournment MOVED by Micks, seconded by Russell and motion carried unanimously to adjourn the meeting at 10:00 p.m. Mary E. Anderson, Mayor ATTEST: Judy Nally, Administrative Secretary