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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