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01-19-99 CC Minutes Regular Meeting of the City Council January 19, 1999 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 January 19, 1999 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: Jeanne Andre, Assistant to the City Manager; Jeannine Clancy, Director of Public Works (arrived 7:30 p.m.); Barb Ross, Acting City Attorney; and Judy Nally, Administrative Secretary. *Letter from Metropolitan Council Regarding Transportation Plan Amendment Xenia Avenue Extension MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter, dated December 9, 1998, from Richard Thompson, Supervisor Comprehensive Planning, Metropolitan Council; regarding transportation plan amendment for Xenia Avenue Extension. *Letter from Theodore Goldman, Laurel Estates Apartments Regarding Preliminary Design Plan Approval for PUD #81 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from Theodore Goldman, Laurel Estates Apartments, dated January 14, 1999 regarding preliminary design plan approval for PUD #81. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Minutes: Joint City Council and Valley Square Area B Task Force Meeting -January 4, 1999; and City Council Meeting -January 5, 1999 MOVED by Micks, seconded by Bakken and motion carried unanimously to approve the Joint City Council and Valley Square Area B Task Force meeting of January 4, 1999 and the City Council Meeting minutes of January 5, 1999 as submitted. Regular Meeting of the City Council January 19, 1999 Page 2 Approval of Agenda MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the agenda of January 19, 1999 as amended: Addition of Letters and/or Petitions - Letter from Theodore Goldman, Laurel Estates Apartments Regarding Preliminary Design Plan Approval for PUD #81; and Organizational Item - Gambling License Exemption and Waiver of Notice Requirement- Minnesota Chapter, Public Relations Society of America. Approval of Consent Agenda MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as amended: Addition of Letters and/or Petitions - Letter from Theodore Goldman, Laurel Estates Apartments Regarding Preliminary Design Plan Approval for PUD #81; and Organizational Item - Gambling License Exemption and Waiver of Notice Requirement - Minnesota Chapter, Public Relations Society of America. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the issuance of license#17171 to #17173. *Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of Christ the King. *Gambling License Exemption and Waiver of Notice Requirement - Minnesota Chapter, Public Relations Society of America. MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Minnesota Chapter, Public Relations Society of America. Regular Meeting of the City Council January 19, 1999 Page 3 *Minutes of Boards and Commissions MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the minutes received as follows: Human Services Foundation - December 14, 1998 and January 11, 1999 Planning Commission - December 14, 1998 Board of Zoning Appeals - December 15, 1998 Open Space and Recreation Commission - November 23, 1998 Public Hearing - Ordinance #196 - General Plan Approval -Amendment#1 - PUD #79 Room and Board The following ordinance was MOVED by Bakken, seconded by Micks: ORDINANCE NO. 196, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Room and Board Addition, P.U.D. No. 79, Amendment#1 R & B Properties, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item. Daryl Fortier, Fortier and Associates, 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. Fred Rappaport, 1545 June Avenue South, asked where the project would take place. Adam Straus, 8400 29th Avenue South, asked how much the project would cost. The Mayor closed the public hearing MOVED by Johnson, seconded by Micks and motion carried unanimously to approve Ordinance#196, 2nd Series. Upon a roll call vote, the vote is as follows: ANDERSON -YES BAKKEN -YES JOHNSON - YES LESUER - YES MICKS -YES Regular Meeting of the City Council January 19, 1999 Page 4 Continued Public Hearings - Comprehensive Land Use Plan Map Amendment - 800 Turners Crossroad; and Ordinance #195 - Rezoning to Business and Professional Office Zoning District- 800 Turners Crossroad The Council by consensus agreed to conduct the public hearing on both items at the same time. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Kevin McAleese, Planning Commission Representative, 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. Jessie Olson, 11557 Fetterly Road, asked how many jobs will be affected by the rezoning and how will this project will affect the residents. Carol Gohman, 621 Turner's Crossroad South; asked about the potential for expansion under the zoning. Linda Loomis, 6677 Olson Memorial Highway, registered her concern over the process for continuing the public hearings; feels it would not be appropriate to continue; no notice was published in the SunPost; had questions on how we notify citizens when an item is continued, what is the timeframe; rescheduled the same night as the Xenia Avenue Advisory Committee was scheduled to meet; and some of the members who where concerned about Xenia Avenue extension would be concerned about this issue; and requested the Council continue the hearing. Josh Hamburger, 11831 Minnetonka Boulevard, asked if this project is an addition to an existing building or is it proposed for an empty lot. The Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 99-3 RESOLUTION FOR AN AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY WITN AN EXISTING ADDRESS OF 800 TURNERS CROSSROAD Regular Meeting of the City Council January 19, 1999 Page 5 Continued Public Hearings - Comprehensive Land Use Plan Map Amendment - 800 Turners Crossroad; Ordinance #195 - Rezoning to Business and Professional Office Zoning District- 800 Turners Crossroad - Continued The motion for the adoption of the foregoing resolution was seconded by Member Micks 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. The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE NO. 195, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Light Industrial Zoning District to Business and Professional Office Zoning District Existing Address - 800 Turner's Crossroad United Properties and the Golden Valley Housing and Redevelopment Authority, Applicants Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN -YES JOHNSON -YES LESUER -YES MICKS -YES Continued Public Hearing - Preliminary Design Plan Approval - PUD #81 - Golden Hills Office Center Mark Grimes, Director of Planning and Development, reviewed the plan as presented to the Planning Commission and the plan as amended. Kevin McAleese, Planning Commission Representative, presented the Commission report. Glen VanWormer, Short Elliott Hendrickson, presented the traffic report and answered questions from the Council. Brian Carey, United Properties, Applicant, 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. Regular Meeting of the City Council January 19, 1999 Page 6 Continued Public Hearing - Preliminary Design Plan Approval - PUD #81 - Golden Hills Office Center - Continued Kashena Konecki, 310 Turner's Crossroad South; expressed concern for the residential property values for the homes on Turners Crossroad; doesn't feel the building belongs there and is concerned over traffic to the proposed cul-de-sac. Carol Gohman, 621 Turner's Crossroad South, expressed concern over the height of the buildings, the 48 foot set back for the building, feels the building is too big for the site, lack of green space on the plan, asked about water runoff during storms and where is the water from the ramp going to go. Bill Schroers, 721 Turner's Crossroad, feels the building is to big for the area, transitional site between business and residential doesn't like the way it goes from a 15 story building to a 4 story building to a 6 story building. Betty George, Colonnade, the property owner is also considering doing a development on the site they own in the next few years and asked that the traffic projections be evaluated; expressed concern over car and truck traffic; asked about the design of the cul-de-sac on Turner's Crossroad and how it will impact the semi delivery trucks being able to get into the loading dock area. Bob Shaffer, 2316 Zenith Avenue North; feels the project is average aesthetics and not a strong gateway into the city; concerned for L-shape of the building and the backside faces the apartments and residential area; concerns for traffic density, congestion and feels the aesthetics could be stronger. Linda Loomis, 6677 Olson Memorial Highway, expressed concern over the height of the building, traffic concerns, stop sign installation, feels the development should be reduced; competing turn lanes in front of the ramp at the Colonnade and expressed concern for the neighborhoods visual impact, quality of life, traffic and noise impact, and plowing noise in the middle of the night. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried to approve the preliminary design plan for PUD #81, Golden Valley Office Center, subject to the following conditions: Regular Meeting of the City Council January 19, 1999 Page 7 Continued Public Hearing - Preliminary Design Plan Approval - PUD #81 - Golden Hills Office Center- Continued 1. permitted uses include general offices plus limited office support services like cafeterias or snack bars, copying and collating centers, mail centers, or day care - with no outside advertising allowed for the support services, in order to maintain their classification as accessory uses; internal advertising by flyer to other Golden Hills Central Area developments is permitted, provided that permission is obtained from the appropriate property owner or manager; 2. a parking structure with a single deck above ground level parking is also permitted, provided that the structure's façade complements the appearance of the main building, the deck surface extends no more than ten feet above the surrounding site grade, and the deck parapet consists of a solid wall extending at least four feet above the deck surface on all four sides; 3. the developer shall provide a lighting plan for the upper deck parking area, making special effort to minimize any potential light spillover onto nearby residential lots by using shorter light standards, hooded light mounts, low intensity lighting elements, reduced security lighting during certain hours, or other appropriate methods as determined by City staff; 4. the developer shall prepare a plan identifying suitable on-site snow storage or snow removal options for the parking lot and parking deck areas; 5. right turning movements shall be allowed into and out of the Xenia Avenue site access; left turns shall be allowed out but not in; 6. permitted or required site improvements will be those specified in the provisions of the PUD permit, and/or shown on one or more plans approved as attachments to the permit; 7. landscaping plans are subject to final approval by the Building Board of Review after completing the PUD process; at minimum, such plans shall include berms extending five feet or more above grade all along Turner's Crossroad and Laurel Avenue; 8. detailed visual perspectives of the water amenity/storm water ponding facility and its immediate surroundings must be supplied as part of the required landscape plan for General Plan consideration, and may be made part of the PUD permit, subject to final approval of the Building Board of Review; 9. waste and recycling facilities are to be located entirely within the main building or in the loading dock area; except on the day of pickup, no rubbish, recycling, or other disposable material or container for holding such material is to be left in any outside area other than the loading dock; 10.yard maintenance equipment, corporate vehicles, miscellaneous supplies and any other stored items are to be kept within the main building; Regular Meeting of the City Council January 19, 1999 Page 8 Continued Public Hearing - Preliminary Design Plan Approval - PUD #81 - Golden Hills Office Center—Continued 11.the developer must construct public sidewalks along Xenia Avenue, Laurel Avenue, and Golden Hills Drive, working with City Engineering staff on locations and specifications; where any part of a street sidewalk is located within the site's boundaries, the developer is to provide permanent easements for public access. Once built, the City will assume maintenance responsibilities for all street sidewalks; 12.the developer must also construct and maintain at least one internal site sidewalk providing a safe path for pedestrians and cyclists from the building's main entrance out to Xenia Avenue, plus providing clearly designated walkways between the main building and all three parking deck stairwells; 13.the developer must provide a facility for parking and securing bicycles somewhere within the site; 14.the developer must work with City Engineering staff and Metro Transit staff on appropriate location, improvements, and installation/maintenance responsibility for a bus stop facility along Xenia Avenue; if necessary, the developer will provide an easement for an on-site location; 15.signage must meet appropriate standards established in City code; 16.the final plat must reflect additional right-of-way to be dedicated for Xenia Avenue and for the Turner's Crossroad cul-de-sac; 17.the above-noted dedicated rights-of-way will be excluded from any other terms of PUD approval as spelled out in the PUD permit; 18.the final plat must indicate standard 10-foot drainage and utility easements around the site perimeter, as well as other easements the City Engineer may find necessary; 19.the name of the final plat must be "Golden Hills Office Center P.U.D. No. 81"; 20.the applicant is to address all requirements and comments set out in the Engineering Department memo dated December 1, 1998, except where such requirements or comments are in conflict with other recommendations stated above; and 21.the applicant is to address all requirements and comments set out in the Inspections Department memo dated November 17, 1998. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN -YES JOHNSON -YES LESUER - YES MICKS - NO Adoption of Fee Resolution Jeanne Andre introduced the agenda item. Don Taylor, Finance Director, reviewed the amendments to the fee resolution and answered questions from the Council. Regular Meeting of the City Council January 19, 1999 Page 9 Adoption of Fee Resolution - Continued Member Micks introduced the following resolution and moved its adoption: RESOLUTION 99-4 RESOLUTION ESTABLISHING FEES AS PROVIDED IN THE CITY CODE 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, 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. Council referred to staff to review the possibility of conducting a comparative fee study and to contact Council Member Bakken for him to relay his options and report back to the Council on a recommendation. Authorization to Purchase Street Right-of-Way, Utility Easements and Temporary Construction Easements for Improvement of Xenia Avenue, Between Laurel Avenue and Turner's Crossroad Jeanne Andre introduced the agenda item and answered questions from the Council. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 99-5 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET RIGHT-OF-WAY, UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE IMPROVEMENT OF XENIA AVENUE BETWEEN LAUREL AVENUE AND TURNER'S CROSSROAD 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, and LeSuer; and the following voted against the same: Micks, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Receipt of West Suburban Mediation Center Fourth uarter Report MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the West Suburban Mediation Center fourth quarter report, dated January 7, 1999. Regular Meeting of the City Council January 19, 1999 Page 10 *Authorization to Sign Letter of Understanding with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for 1998 Audit Services MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the Mayor and City Manager to sign the Letter of Understanding with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for 1998 audit services for an estimated fee of $29,500.00. *Authorization to Hire Barr Engineering for Driving Range Fence Construction, Phase II MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the hiring of Barr Engineering to provide professional services for Phase II of the driving range fence construction on a time and material basis for an amount not to exceed $24,000. Authorization to Sign PUD Permit-Amendment#1 - PUD#79 - Room and Board Mark Grimes, Director of Planning and Development introduced the agenda item. MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for Amendment #1 for PUD #79, Room and Board. *Quotes - Golf Course Outfront Mower MOVED by Johnson, seconded by Bakken and motion carried unanimously to purchase an ouffront mower with a sweeper attachment to be used in winter, from the lowest responsible bidder, Long Lake Tractor for$24,729.30. The quotes were as follows: Long Lake Tractor $24,729.30 Polfus Golf& Turf 26,741.09 Announcements of Meetings The Council/Staff visioning session will be held on January 23, 1999 at 9:00 a.m. at the Brookview Community Center, golf grill, lower level. Mayor Anderson requested the Council review the preliminary agenda for the January 23 meeting and let staff know if they have additional agenda items. The next regular City Council meeting is February 2, 1999. Regular Meeting of the City Council January 19, 1999 Page 11 Reset Council Meeting Date Mayor Anderson introduced the agenda item. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to change the April 6 meeting to April 8, 1999, beginning at 7:30 p.m. with any public hearings to begin at 8:00 p.m. Set Date for Board of Review Mayor Anderson introduced the agenda item. MOVED by Micks, seconded by LeSuer and motion carried unanimously to set April 22, 1999 at 7:00 p.m. as the date and time for the Board of Review. Mayor and Council Communications Mayor Anderson welcomed the students in attendance at the Council Meeting from North Junior High. Some of the students came to the podium and introduced themselves and received a city pin. Board/Commission Appointment Process Mayor Anderson introduced the agenda item. MOVED by Johnson, seconded by Micks and motion carried unanimously to hold board/commission interviews on February 15, 1999 beginning at 6:30 p.m. Proclamation for We Care About Kids Day Mayor Anderson introduced the agenda item and read the proclamation. MOVED by Bakken, seconded by Micks and motion carried unanimously to proclaim February 6, 1999 as We Care About Kids Day in Golden Valley. Regular Meeting of the City Council January 19, 1999 Page 12 Adjournment MOVED by Bakken, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 10:55 p.m. de 7E/ r Mary E. Andlson, Mayor ATTEST: III zi i , ............ . „ /, J ,. Nally,idministrative 0 Si retary