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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