11-18-03 CC MinutesRegular Meeting
of the
City Council
November 18, 2003
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 November 18, 2003 at 6:30 p.m.
The following members were present: Grayson, Johnson, LeSuer, Loomis and Tremere,
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Envision Update
Mayor Loomis updated the Council on the Envision progress.
Approval of Agenda
MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve
the agenda of November 18, 2003 as amended: Removal of Bids and Quotes - Bids -
Tractor/Backhoe and Quotes - Squad Cars.
Citizen Input
Mayor Loomis introduced the agenda item.
continued the meeting.
Approval of Consent Agenda
Hearing and seeing no one, the Mayor
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk (*), except removal of Bids -
Tractor/Backhoe and Quotes - Squad Cars.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes: City Council Meeting - September 2 and 4-6� 2003 and
Council/Manager Meeting - November 11, 2003
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
City Council Meeting minutes of September 2, 2003 and the Council/Manager meeting of
November 11, 2003 as submitted.
The City Council will approve the September 16, 2003 meeting minutes at the next
meeting.
Regular Meeting of the City Council
November 18, 2003
Page 2
*Approval of Check Register
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the payment of the bills as submitted.
Gambling License Exemption and Waiver of Notice Requirement - Hope For The City
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Hope
For The City.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - October 27, 2003
Building Board of Review - September 15, 2003
Bids - Tractor/Backhoe
This item will be considered by the Council later in the year.
*Bids - City Hall Roof
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the
bid for the replacement of the city hall roof to the lowest responsible bidder, Central
Roofing, Inc. for $275,893. The bids are as follows:
Thomas Finn Company
$268,900
Central Roofing Company
$275,893
Ettel & Franz Roofing Company
$277,422
Allweather Roof
$280,352
John A. Dalsin & Son, Inc.
$282,980
Rainville-Carlson, Inc.
$311,770
Commercial Roofing, Inc.
$340,193
M & S Roofing, Inc.
$373,890
E. R. Berwald Roofing Co., Inc.
$385,881
Dalco Roofing& Sheet Metal, Inc.
$433,750
Regular Meeting of the City Council
November 18, 2003
Page 3
*Bids - LED Signal Retrofit
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the
bid for light emitting diode (LED) signal retrofit to the lowest responsible bidder Peoples
Electric Co. for $30,608.22. The bids are as follows:
Peoples Electric Co. $30,608.22
Electrical Installation & Maintenance Co., Inc. $32,834.75
Egan Companies, Inc. dba Egan -McKay Electrical $35,997.50
Killmer Electric Co., Inc. $39,197.00
Collins Electrical Systems, Inc. dba ColliSys $39,991.86
Quotes - Squad Cars
This item will be considered by the Council later in the year.
*Quotes - Contaminated Soil Remediation - Meadow Lane North
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
quotes from D.C. Management & Environmental Services, Inc. and Onyx FCR Landfill, Inc.
for treatment and disposal of lead contaminated soils in the Meadow Lane North area for
an estimated amount of $54,030.
*Authorization to Sign Agreement with Stephen and Josee Clift Regarding Right -of -
Way Restoration
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the Mayor and City Manager to sign an Agreement between the City and Stephen T. and
Josee T. Clift.
*Approval of Plat - Soppa Addition
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 03-54
RESOLUTION FOR APPROVAL OF PLAT - SOPPA 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: Grayson,
Johnson, LeSuer, Loomis and Tremere; 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
November 18, 2003
Page 4
*Approval of Plat - Gannon Addition
Member introduced the following resolution and moved its adoption:
RESOLUTION 03-55
RESOLUTION FOR APPROVAL OF PLAT - ROSE GANNON 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: Grayson,
Johnson, LeSuer, Loomis and Tremere; 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.
Public Hearing - Preliminary Plat Approval - North Wirth Parkway 5th Addition
Mark Grimes, Director of Planning and Development presented the staff report and
answered questions from the Council.
Les Eck, Planning Commissioner, 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the
preliminary plat for North Wirth Parkway 5th Addition, subject to the following conditions:
1. The final plat of the North Wirth Parkway 5th Addition shall be consistent with the
preliminary plat submitted with the minor subdivision application and drawn by Sunde
Land Surveying dated August 29, 2003.
2. The final plat of the North Wirth Parkway 5th Addition shall not be submitted for
approval by the City Council until the amendment to the Room and Board PUD is
approved by the City Council that includes a new plat incorporating Outlot A of the
North Wirth Parkway 5th Addition.
3. The North Wirth Parkway 5th Addition shall show all easement required by City Code
as part of the final plat.
Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #79 -
Room and Board
Daryl Fortier, Fortier & Associates, reviewed the plan and answered questions from the
Council.
Les Eck, presented the Planning Commission report.
Regular Meeting of the City Council
November 18, 2003
Page 5
Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #79 -
Room and Board - Continued
Mark Grimes, Director of Planning and Development introduced the agenda items and
answered questions from the Council. Allen Barnard 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.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
preliminary design plan for Amendment #2, PUD No. 79, Room and Board, subject to the
following conditions:
1. All requirements of the PUD Permit for Amendment No. 1 to PUD No. 79 shall remain in
full force except as noted in these recommendations.
2. The master plan for the Room and Board campus prepared by Fortier and Associates
and dated 9/24/03 shall become a part of this approval. (This master plan replaces the
master plan approved by Amendment No. 1.) This includes the designation of "proof of
parking" areas. At any time City staff determines that the existing parking is not
adequate to meet the needs of the on-site uses, the Chief of Fire and Inspections shall
order any or all of the "proof of parking" spaces be constructed in a timely manner.
3. The Room and Board campus consists of the following uses and space dedicated to
those uses: Office -32,449 sq. ft. Outlet store/warehouse -19,200 sq. ft. Warehouse
areas -168,797 sq. ft. Support Areas (such as exercise space) -14,970 sq. ft. The
amount of office space and outlet store space shall only change with an amendment to
the PUD.
4. The memo and recommendations from Jeff Oliver, PE, City Engineer, to Mark Grimes
dated October 20, 2003 shall become a part of this approval.
5. The memo and recommendations from Ed Anderson, Deputy Fire Marshal to Mark
Grimes dated October 13, 2003, shall become a part of this approval
6. Outlet retail sales shall be limited to the 4680 building and can occur only on Saturday
and Sunday. The sales shall be limited to overstock and "scratch and dent" items from
Room and Board stores. During the remainder of the week, the 4768 building may only
be used for warehouse purposes. For one year after the approval of the ordinance
giving approval to Amendment No. 2, PUD No. 79, Room and Board may also use the
4680 building for similar sales on one additional weeknight. The weeknight sales shall
not begin any earlier than 5:30 pm and end by 9:30 pm. If deemed by the City Council
that the weeknight sales has functioned in a manner as to not have negative impacts on
the site and surrounding area, the one weeknight sale may continue.
Regular Meeting of the City Council
November 18, 2003
Page 6
Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #79 -
Room and Board - Continued
7. A revised plat adding the 25,400 sq. ft. at the northeast corner of the campus shall be
prepared and submitted for approval by the City Council after approval of the General
Plan of Development. The preliminary plat of Amendment No. 2 is attached. It was
prepared by Lot Surveys Company and dated 9/22/03.
8. Room and Board shall install a sign at the entrance to their parking lot informing
customers that there is no parking allowed on the street.
MOVED by Tremere, seconded by LeSuer and motion carried unanimously to direct staff
to report back to the City Council by July 1, 2004 the issue of adequacy of parking.
Public Hearing - Ordinance #289 - Conditional Use Permit - 8300 10th Avenue North
The following ordinances were MOVED by Johnson, seconded by Grayson:
ORDINANCE NO. 289, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 03-105
Home Run Hitters, Applicant
Steve and Mary Kitsis, applicant, reviewed the plan and answered questions from the
Council.
Les Eck, presented the Planning Commission report.
Mark Grimes, Director of Planning and Development introduced the agenda items 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.
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
Ordinance #289, 2nd Series, as amended: Condition 7 - change hours during the school
year - Monday - Friday - 9:00 a.m. to 10:00 p.m. Upon a roll call vote, the vote was as
follows:
GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES
Regular Meeting of the City Council
November 18, 2003
Page 7
First Consideration - Ordinance #290 - Repeat Nuisance Call Service Fee
The following ordinances were MOVED by LeSuer, seconded by Johnson:
ORDINANCE NO. 290, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment Regarding Repeat Nuisance Call Service Fee
Robert Hernz introduced the agenda item and answered questions from the Council.
MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve
Ordinance #290, 2nd Series. Upon a roll call vote, the vote was as follows:
GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES
Call for Public Hearing - Approval of Duration Extension for Golden Hills Tax
Increment Financing District
Don Taylor, Finance Director introduced the item and answered question from the
Council.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 03-56
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE APPROVAL
OF A DURATION EXTENSION FOR THE GOLDEN HILLS TAX INCREMENT
FINANCING DISTRICT TO OFFSET A DEFICIT THEREIN BY THE HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF GOLDEN VALLEY, MINNESOTA
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: Grayson,
Johnson, LeSuer, Loomis and Tremere; 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.
Receipt of Human Services Foundation 2004 Allocation Report
Steve Schumacher, Chair, Human Services Foundation reviewed the funding report and
answered questions from the Council. Sue Virnig, Assistant Finance Director/Staff Liaison,
answered questions from the Council.
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to receive and
file the 2004 Allocation Report, and approve sending the allocation letters to the
organizations involved stating the allocation amount.
Regular Meeting of the City Council
November 18, 2003
Page 8
Receipt of Human Services Foundation 2004 Allocation Report - Continued
The Council expressed their appreciation to the Human Services Foundation for their work
determining the allocation and their fundraising efforts.
Environmental Assessment Worksheet for TH 55/Boone Avenue North Floodplain
Mitigation
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Thomas Burt answered questions from the Council.
Jupe Hale, Pete Willenbring, and Andrea Moffatt from WSB reviewed the plans and
answered questions from the Council.
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION 03-57
RESOLUTION AUTHORIZING DISTRIBUTION OF THE EAW FOR THE
TH 55/BOONE AVENUE NORTH FLOODPLAIN AND WETLAND MITIGATION
PROJECT; AUTHORIZING PUBLIC NOTIFICATION OF SAME AND
SCHEDULING A PUBLIC HEARING
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: Grayson,
Johnson, LeSuer, Loomis and Tremere; 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.
Announcement of Meetings
The Bassett Creek Water Management Commission meeting scheduled for November 20,
2003 has been cancelled.
There will be an Envision Steering Committee will be held on November 20, 2003 at 7:00
p.m.
There will be a Joint Planning Commission and City Council meeting on November 24,
2003 at 6:00 p.m.
The Truth in Taxation meeting will be held on December 1, 2003 at 7:00 p.m.
A City Council meeting will be held on December 2, 2003 at 6:30 p.m.
A Reconvened Truth in Taxation meeting gill be held December 9, 2003 at 6:00 p.m., if
necessary.
Regular Meeting of the City Council
November 18, 2003
Page 9
Announcement of Meetings - Continued
The next Housing and Redevelopment Authority meeting will be held on December 9, 2003
at 7:00 p.m.
The next Council/Manager meeting will be held on December 9, 2003 at 7:30 p.m.
The next City Council meeting will be held on December 16, 2003 at 6:30 p.m.
The next Bassett Creek Water Management Commission meeting is December 18, 2003
at noon.
There will be a 1-394 Task Force Meeting on December 11, 2003 at the City of Minnetonka.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 9:55 p.m.
MEN
7
Linda0M. MIZE
R. Loomis,
ATTEST:
dyNally, Administrative /Asistant