04-16-02 CC Minutes Regular Meeting
of the
City Council
April 16, 2002
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 April 16, 2002 at 6:30 p.m.
The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere.
Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Citizen Input
Mayor Loomis introduced the agenda item.
Br.ian Lee, 421 France Avenue North, feels the Council should reconsider the decision to
pave the road; distributed a list of basic areas of contention, reviewed the list which
included environment, cost, uniformity; reviewed his proposed solutions such as having the
City install environmental manholes, turn-around lengthened 10 feet to provide sand
transition; grade crest of road back to standards to improve runoff to sides; feels the gravel
road will save the City $100,000 if not built; the city and residents should share the
manhole costs 20%/80%; and feels the rustic road statutes should apply to the road.
Bernice Swenson, 401 France Avenue North, feels the road is worth saving, sits next to a
wild natural setting with a grove stand of trees and�hen a prairie restoration, feels the road
is a visual and physical extension of Wirth Park, animals freely roam between the park and
the area near their homes; feels the environmental issues are trumped up; feels there is no
environmental difference between pavement and natural gravel, feels the road has not
been maintained so that there is water runoff; and that the trees will not withstand the
installation of pavement.
Robin Price, representing Jon Swenson, 401 France Avenue North, stated he went on the
internet and found the ROAR web site and feels as they do that the staff only gives the
Council so much information so they will get the results the staff wants; feels they
presented only options where the outcome would be a paved street; feels the Council
should review the rustic road statutes and apply them to the France Avenue North
pavement project.
Allen Barnard answered questions from the Council.
MOVED by Johnson, seconded by Grayson and motion carried unanimously to request
staff to research the rustic road statutes for Council consideration and how it is applicable
to the France Avenue North pavement management project.
Council Member Johnson requested staff to look at the proposal submitted to review their
cost estimates and the merits of their proposal.
Regular Meeting of the City Council
April 16, 2002
Page 2
Approval of Minutes: Citv Council Meetinq - April 1, 2002; and Council/Manaqer
Meetinq -April 9, 2002
The Council requested staff to review the tape of the April 1, 2002 City Council meeting
regarding the approval of the France Avenue North project and clarify the option approved.
MOVED by LeSuer, seconded by Grayson and motion carried unanimously to table
approval of the City Council Meeting minutes of April 1, 2002 until staff can review the tape
and report back to the Council.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
Council/Manager Meeting minutes of April 9, 2002 as submitted.
Approval of Aqenda
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the
agenda of April 16, 2002 as amended: Deletion from Agenda - Organizational Items -
Licenses - Peddler's License - AAA Animal Humane Society; Addition of Departmental
Item - Authorization to Sign Amended Agreement with MnDOT for a Pontoon Skimmer for
Schaper Park; and Addition of Mayor and Council Item - Proclamation for Ronald B. Davis
Memorial Day.
Approval of Consent Aqenda
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
the items on the consent agenda indicated by an asterisk, as amended: Deletion from
Agenda -Organizational Items - Licenses - Peddler's License - AAA Animal Humane
Society.
*Approval of Check Reqister
MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize
the payment of the bills as submitted.
*General Business and Heatinq Licenses
MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize
the issuance of licenses as recommended by staff.
*Gamblinq License Exemption - Greater Minneapolis Crisis Nurserv
MOVED by Johnson} seconded by Grayson and motion carried unanimously to receive
and file the gambling license exemption for the Greater Minneapolis Crisis Nursery.
Regular Meeting of the City Council
April 16, 2002
Page 3
*Gamblina License Exemption - Minnesota Outdoor HeritaQe Alliance
MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive
and file the gambling license exemption for the Minnesota Outdoor Heritage Alliance.
*Gamblinq License Exemption - Twin Cities Gav Men's Chorus
MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive
and file the gambling license exemption for the Twin Cities Gay Men's Chorus.
Peddler's License -AAA Animal Humane Societv
William Joynes requested the item be deleted from the agenda as the applicant had not
submitted all the documentation required for the license.
*Peddler's License - Chester Bird American Leqion
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
the peddler's license for Chester Bird American Legion.
*Commercial Fertilizer Licenses
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
the commercial fertilizer licenses as recommended by staff.
Staff was requested to publicize in the newsletter and web site that any company hired to
apply fertilizer is required to be licensed by the City.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and
file the minutes received as follows:
Joint Water Commission - January 24, February 28, and March 20, 2002
Human Services Foundation - February 11 and March 11, 2002
Planning Commission - March 25, 2005
Public Hearinq - Preliminarv Plat Approval - 240 Meadow Lane North
Dan Olson, City Planner, presented the staff report. Jeannine Clancy answered questions
from the Council.
Alan Chazin, Applicant, reviewed the plan and answered questions from the Council.
Jay Hoffman, Planning Commissioner, presented the Commission report.
Regular Meeting of the City Council
April 16, 2002
Page 4
Public Hearinq - Preliminarv Plat Approval - 240 Meadow Lane 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 LeSuer, seconded by Johnson and motion carried unanimously to approve the
preliminary plat and the subdivision variances for the property subject to the following
conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. Park dedication fees shall be paid at the time of final plat approval.
3. The recommendations of City Engineer Jeff Oliver as found in his memo dated April 9,
2002 become a part of this approval.
4. The Certificate of Survey submitted by the applicant, dated February 2, 2002, shall
become a part of this approval.
Upon a roll �all vote, the vote was as follows:
GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES
Public Hearina - Ordinance #268 - Conditional Use Permit - 2525 Nevada Avenue
North, Suite 211
The following ordinance was MOVED by Johnson, seconded by LeSuer:
ORDINANCE NO. 268, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit No. 02-94
2525 Nevada Avenue North, Suite 211
International Health Care Services, Applicant
Dan Olson, City Planner, stated the applicant has requested the item be continued in order
to allow him time to present the proposal to his condominium board.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. The Mayor closed the public
hearing.
MOVED by Tremere, seconded by Grayson and motion carried unanimously to continue
the public hearing for consideration of a conditionat use permit for 2525 Nevada Avenue
North, Suite 211 until the City Council meeting of May 7, 2002.
Regular Meeting of the City Council
April 16, 2002
Page 5
Public Hearinq - Issuance of Revenue Bonds - Fraser Homes
Don Taylor, Finance Director 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. Hearing and seeing no one, the
Mayor closed the public hearing.
Member LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 02-34
RESOLUTION RELATING TO RESIDENTIAL GROUP HOME FACILITIES OWNED AND
OPERATED BY FRASER, A MINNESOTA NONPROFIT CORPORATION, AND THE
ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND MINNESOTA
STATUTES, SECTIONS 469.152-469.165, AS AMENDED, PURSUANT TO A JOINT
POWERS AGREEMENT; GRANTING PRELIMINARY APPROVAL THERETO;
ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS
UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; GRANTING
APPROVAL FOR ENTERING INTO A JOINT POWERS AGREEMENT; AND TAKING
CERTAIN OTHER ACTIONS WITH RESPECT THERETO
(FRASER HOMES)
The motion for the adoption of the foregoing resolution was seconded by Member
Grayson 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.
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
the requests for beer and/or wine at Brookveiw Park as recommended by staff.
*Authorization to Siqn Aqreement with H.R. Green Companv for Inspection Services
at Golden Meadows
MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize
the Mayor and City Manager to sign the agreement with H.R. Green Company for
construction inspection services at Golden Meadow for $17,280.00.
Regular Meeting of the City Council
April 16, 2002
Page 6
*Authorization to Siqn Aqreement with Short Elliott Hendrickson Inc. for
Construction Services for Unitv Avenue North Pavement Manaqement Proqram
MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize
the Mayor and City Manager to sign the agreement with Short Elliott Hendrickson, Inc. for
construction services for the Unity Avenue North pavement management program in the
amount of$188,320.00.
Approval of Capital Improvement Proqram
Don Taylor, Finance Director, introduced the agenda item and answered questions from
the Council. William Joynes and Jeannine Clancy answered questions from the Council.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adopt the
2002 - 2006 Capital Improvement Program.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 02-35
RESOLUTION ADOPTING THE 2002 BUDGETS OF THE EQUIPMENT REPLACEMENT,
BUILDING AND PARK IMPROVEMENT CAPITAL PROJECT FUNDS
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.
Establishinq Election Precincts and Pollinq Precincts
Jean Ewald, Election Official, introduced the agenda item and answered questions from
the Council.
Member Trernere introduced the following resolution and moved its adoption:
RESOLUTION 02-36
RESOLUTION ESTABLISHING ELECTION PRECINCTS AND POLLING PLACES
The motion for the adoption of the foregoing resolution was seconded by Member
Grayson 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
April 16, 2002
Page 7
Authorization to Siqn Amended Aqreement with MnDOT for a Pontoon Skimmer for
Schaper Park
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION 02-37
RESOLUTION APPROVING AMENDMENT NO. 1 TO THE COOPERATIVE
AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR TRUNK HIGHWAY NO. 100, SEGMENT I
(PONTOON SKIMMER ON SCHAPER POND)
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.
*Bids - Pavement Manaqement Proqram - Unity Avenue North
MOVED by Johnson, seconded by Grayson and motion carried unanimously to award the
bids for the pavement management program for Unity Avenue North from the lowest
responsible bidder, Forest Lake Contracting, Inc. for $1,298,145.05. The bids are as
follows
Forest Lake contracting, Inc. $1,298,145.05
S. R. Weidema, Inc. 1,305,299.29
C. S. McCrossan Construction, Inc. 1,378,279.60
Hardrives, Inc. 1,398,973.90
Announcements of Meetinqs
There will be a Council Workshop on April 18, 2002 at 7:00 p.m. at City Hall.
The Run the Valley will be held on April 20, 2002.
The Board of Review will be held on April 23, 2002 at 7:00 p.m. at City Hall.
The next City Council meeting is May 7, 2002 at 6:30 p.m.
The next Housing and Redevelopment Authority meeting is May 14, 2002 at 7:00 p.m.
The next Council/Manager meeting is May 14, 2002 at 7:30 p.m.
Regular Meeting of the City Council
April 16, 2002
Page 8
Announcements of Meetinqs - Continued
There will be a City Council Meeting on May 21, 2002 at 6:30 p.m.
The dedication for the Ronald B. Davis Community Center at Meadowbrook School will be
held on April 29, 2002 at 6:30 p.m.
The Caring Youth Awards will be held on April 22, 2002 at 6:30 p.m. at Minnetonka City
Hall.
The City Council will hold the Board/Commission Recognition Dinner will be held on May
28, 2002 at 6:30 p.m.
Mavor and Council Communications
Mayor Loomis welcomed Girl Scout Troop 2512 to the Council Meeting.
Council Member Johnson announced the Run The Valley sponsored by the Human
Services Foundation will be held on April 20, 2002 at 8:30 a.m. at Brookview Park and
encouraged residents to participate.
Board/Comrnission Appointments
MOVED by Tremere, seconded by Grayson and motion carried unanimously to appoint
the following to the Human Rights Commission:
Anise McDowell 3 year term term expires - 3/1/05
Hilvie Ostrow 3 year term term expires - 3/1/05
Jeff Davis 2 year term term expires - 3/1/04
Nina Furman 1 year term term expires - 3/1/03
Ron Brandon 1 year term term expires - 3/1/03
Proclamation for Ronald B. Davis Memorial Dav
Mayor Loomis stated the dedication for the Ronald B. Davis Community Center at
Meadowbrook School will be held on April 29, 2002 at 6:30 p.m. and read the
proclamation.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to proclaim
April 29, 2002 as Ronald B. Davis Memorial Day.
Regular Meeting of the City Council
April 16, 2002
Page 9
Adiournment
MOVED by Grayson, seconded by Tremere and motion carried unanimously to adjourn the
meeting at 8:00 p.m
• 0���?sY�'l�Q
Linda R. Loomis, Mayor
ATTEST:
Ju Nally, dministrativ ssistant