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05-04-99 CC Minutes Regular Meeting of the City Council May 4, 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 May 4, 1999 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; Barb Ross, Acting City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Minutes: City Council Meeting -April 20, 1999 MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the City Council Meeting minutes of April 20, 1999 as submitted. Approval of Agenda MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the agenda of May 4, 1999 as amended: Mayor and Council Item - Storage of Construction Material on Phoenix Street- John Heubach. 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 license #17420 to #17428 and #7173. Regular Meeting of the City Council May 4, 1999 Page 2 *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Bakken and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - March 23, 1999 Planning Commission -April 12, 1999 Public Hearing - Preliminary Design Plan Approval - General Mills, Inc. - PUD #83 Mark Grimes, Director of Planning and Development, introduced the item and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Todd Messerli, Hammel, Green and Abrahamson, Inc. representing the 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. Bill Birno, 1355 Mandan Avenue North, expressed concerns about the traffic, doesn't object to the adding on to the building, stated that General Mills employees use the entrance that is supposed to be used for deliveries and emergency vehicles; sometimes during winter the road is not plowed curb to curb and there is not much room for cars passing each other; stated that Mandan was posted no parking on both sides of the street and now it is only posted no parking on one side of the street and feels it should be posted no parking on both sides of the street; expressed concern over traffic coming from other General Mills properties to attend meetings; stated that traffic backs up on Boone Avenue and Highway 55 and that he sometimes has to wait for a long period of time before he gets through the intersection; wanted to know if the store and exercise facility is going to be open to the employee families; and if they will be generating more traffic during peak traffic hours. John Orndorff, 1346 Boone Avenue North, asked if they could put up a soundwall before construction started; expressed concern over the traffic, noise, pollution, wildlife; asked about the number of people who would be coming to conferences at the center and to use the exercise facility and how much traffic will be generated. The Mayor closed the public hearing. Regular Meeting of the City Council May 4, 1999 Page 3 Public Hearing - Preliminary Design Plan Approval - General Mills, Inc. - PUD #83 - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan for General Mills, PUD #83; subject to the following conditions: 1. All recommendations of the memo from Jeff Oliver, City Engineer, to Mark Grimes, Planning Director, dated April 6, 1999 become a part of the approval. 2. The parking lot along Flag Avenue may not be extended to contain an additional 70 parking spaces. These parking spaces may be constructed north of the buildings and east of the existing parking lot. 3. Up to 400 parking spaces may be "proof-of-parking". Any of the "proof-of-parking" spaces must be constructed in a location that meets the required 75 foot setback from Flag Avenue or any other street which is located across from a residential neighborhood. These parking spaces shall be constructed when the Director of Planning and Development deems they are necessary to meet increased parking demand on the site. 4. The vacant area of the site north of Olympia Street may be used for City trails as per the agreement between the City and General Mills. A civil defense siren is also permitted on this property as per the agreement between the City and General Mills. Future development of the area north of the main campus shall be limited to those uses permitted in the Light Industrial Zoning District. All future development is subject to amending PUD No. 83. 5. After the general plan of development is approved, General Mills shall be required to submit a final plat of the entire property, which shall show all necessary street dedications and easements as required by the City Engineer. 6. General Mills shall submit a final plat prior to issuance of a building permit. 7. The office addition of 70,000 square feet, with three stories, excluding any mechanical space on the roof. 8. Additional coniferous landscaping shall be placed adjacent to the buildings facing the east along Boone Avenue to help provide a landscape screen for the properties along Boone Avenue, east of the proposed and main campus building. 9. The access point to Boone Avenue shall be designated for emergency vehicles only and enforced at the discretion of the City. 10. Park dedication shall be delayed until a new lot is created for additional development, or until the trails are no longer available for public use. Until that time, the use of the northern part of the property by the City for trail purposes would serve as the park dedication. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER -YES MICKS - YES Regular Meeting of the City Council May 4, 1999 Page 4 Public Hearing - Preliminary Design Plan Approval - General Mills, Inc. - PUD #83 - Continued Staff was requested to provide information to the Council on the agreement for the trail use on the General Mills property. Public Hearing - Ordinance #201 - Conditional Use Permit- 1645 Lilac Drive North The following ordinance was MOVED by Micks, seconded by Bakken: ORDINANCE NO. 201, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Conditional Use Permit 99-76 Home Occupation James and Beverly Lester, Applicants Mark Grimes, Director of Planning and Development, introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. James Lester, applicant, reviewed 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. Nancy Janzen, 1614 Welcome Avenue North, supports the project, stated they are good neighbors and there is no noise associated with the business and had questions about the sound wall. The Mayor closed the public hearing. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve Ordinance #201, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN -YES JOHNSON -YES LESUER -YES MICKS -YES Public Hearing - Preliminary Plat Approval - 1500 Block of Winnetka Avenue North Mark Grimes, Director of Planning and Development, introduced the agenda item. Rick Groger, Planning Commissioner, presented the Commission report. Walter Gregory, Merrill and Associates; representing the applicant, reviewed the plan. Regular Meeting of the City Council May 4, 1999 Page 5 Public Hearing - Preliminary Plat Approval - 1500 Block of Winnetka Avenue North - 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 approve the preliminary plat for the 1500 block of Winnetka Avenue North, subject to the following conditions: 1. The final plat shall reflect standard easements along property lines and such additional easements as the City Engineer may find desirable for public purposes. 2. Final plat approval shall be withheld until receipt of comments from Hennepin County and compliance with any applicable conditions listed therein. Informal Public Hearing - Second Consideration - Ordinance #198 - Grading, Drainage, and Erosion Control The following ordinance was MOVED by Johnson, seconded by LeSuer: ORDINANCE NO. 198, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Regarding Grading, Drainage and Erosion Control Jeannine Clancy 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. David Hanson, 1030 Angelo Drive, stated he was Chair of the Surface Water Management Plan Advisory Committee and complimented the Council for instituting the ordinances recommended by the Committee. John Heubach, 5510 Phoenix Street, asked when the ordinance will go into effect and stated they had to ask for silt fences to be placed on the site across the street and showed pictures of the site prior to the installation of the fences and after installation of the fences; had questions about who does the inspections of the site and the approval process and when the neighbors get notified; and stated the contractor didn't install the silt fences until he complained. The Mayor closed the public hearing. Regular Meeting of the City Council May 4, 1999 Page 6 Informal Public Hearing - Second Consideration - Ordinance #198 - Grading, Drainage, and Erosion Control - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #198, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN - YES JOHNSON -YES LESUER - YES MICKS - YES Staff was requested to place on a future Council/Manager agenda, the discussion of the grading ordinance and process for obtaining a permit and possible educational efforts for the contractors licensed within the City. Informal Public Hearing - Second Consideration - Ordinance #199 - Tree Preservation The following ordinance was MOVED by Bakken, seconded by Johnson: ORDINANCE NO. 199, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Regarding Tree Preservation Jeannine Clancy 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. David Hanson, 1030 Angelo Drive, Chair, Surface Water Management Plan Advisory Committee; stated the Committee has recommended the ordinance and compliments the Council for enacting said ordinance. The Mayor closed the public hearing. MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve Ordinance #199, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON -YES LESUER -YES MICKS - YES Regular Meeting of the City Council May 4, 1999 Page 7 Informal Public Hearing - Second Consideration - Ordinance #200 - Council Salaries The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE NO. 200, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Salaries of Mayor and Council Members William Joynes 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 LeSuer and motion carried unanimously to approve Ordinance #200, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN -YES JOHNSON -YES LESUER - YES MICKS -YES Public Hearing - Drainage and Utility Easement Vacation - 6020 Wayzata Boulevard William Joynes 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 Bakken, seconded by LeSuer and motion carried unanimously to continue the public hearing for the drainage and utility easement vacation for 6020 Wayzata Boulevard until June 1, 1999. *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 at Brookview Park. *Receipt of March 1999 General Fund Budget Report MOVED by LeSuer, seconded by Bakken and motion carried unanimously to receive and file the March 1999 general fund budget report. Regular Meeting of the City Council May 4, 1999 Page 8 *Authorization for Extension of Plat Deadline - Honeywell Addition MOVED by LeSuer, seconded by Bakken and motion carried unanimously to extend the deadline for submission of the Honeywell Golden Valley Addition plat to November 12 1999. Call for Public Hearing - Comprehensive Plan Amendment - General Land Use Plan Element - 5/18/99 William Joynes introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Bakken and motion carried unanimously to call for a public hearing to consider a comprehensive plan amendment, general land use plan element for May 18, 1999. Call for Informal Public Hearing - Ordinance Amendment - Adoption of Amendment to 1998 State Building Code - Facilities for the Handicapped - 5/18/99 William Joynes introduced the agenda item. MOVED by Bakken, seconded by Johnson and motion carried unanimously to call for an informal public hearing to consider an ordinance amendment regarding adoption of the amendment to the 1998 State Building Code regarding facilities for the handicapped, for May 18, 1999. Amendment to Fee Resolution - Grading, Drainage and Erosion Control and Tree Preservation William Joynes introduced the agenda item and answered questions from the Council. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 99-37 RESOLUTION AMENDING RESOLUTION 99-4 ESTABLISHING FEES AS PROVIDED FOR IN THE CITY CODE FOR GRADING, DRAINAGE AND EROSION CONTROL AND TREE PRESERVATION 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. Regular Meeting of the City Council May 4, 1999 Page 9 *Bids - Pavement Management Program - 99 SI 3 - North Area MOVED by LeSuer, seconded by Bakken and motion carried unanimously to award the bid for 99 SI 2 to the lowest responsible bidder, Thomas and Sons for $3,091,134.91. The bids are as follows: Hardrives $3,091,134.91 C. S. McCrossan 3,127,876.47 Thomas & Sons 3,150,589.35 Midwest Asphalt 3,322,009.76 *Bids - Miscellaneous Concrete Repair MOVED by LeSuer, seconded by Bakken and motion carried unanimously to award the bid for 1999 miscellaneous concrete repair to Ron Kassa Construction, Inc. in the amount of $26,910.00. Announcements of Meetings The City Councils involved in the Highway 100 construction project will meet with MnDOT on May 6, 1999 at 7:00 p.m. in the Golden Valley Council Chambers. The next Council/Manager Meeting is May 11, 1999 at 5:30 p.m. The next Housing and Redevelopment Authority Meeting is May 11, 1999 at 7:00 p.m. The next City Council Meeting is May 18, 1999 at 6:30 p.m. The AMM Annual Meeting is May 20, 1999. Special Joint Meeting of the City Council, Human Rights Commission and Planning Commission on Housing - May 13, 1999 The Special Joint Meeting of the City Council, Human Rights Commission and Planning Commission on Housing will be held on May 13, 1999 at 7:00 p.m. in the Council Conference Room. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council May 4, 1999 Page 10 Storage of Construction Material On Phoenix Street-John Heubach Council Member LeSuer introduced the agenda item. William Joynes answered questions from the Council. Jeannine Clancy reviewed the sites that the contractor looked at for a field office and the storage of construction material in the south area of the pavement management program; explained the material and equipment stored on site and the reason for choosing the site; reviewed other sites that Mr. Heubach had requested staff to review for possible relocation of the storage area. John Heubach, 5510 Phoenix Street, stated that the contractor has broken the noise ordinance by starting his equipment prior to 7:00 a.m.; stated his wife runs a day care from the home and they have already lost one client and they fear losing more clients; expressed concern over the water run off from the site; noise and air pollution; lack of silt fencing and trenching requirements; suggested looking at other sites. The Council referred the item to staff for their review and investigation and requested they report back to the Council. *Letter Regarding Northwest Hennepin Children's Mental Health Collaborative MOVED by LeSuer, seconded by Bakken and motion carried unanimously to receive and file the letter from Sue Sinna, dated April 26, 1999 regarding Northwest Hennepin Children's Mental Health Collaborative. Adjournment The Mayor adjourned the meeting at 9:02 p.m. Mary E./derson, Mayor ATTEST: f i dL41I/L ii J Nally, iv.ministrative Si:, etary ...t ,, f - ,