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05-07-02 CC Minutes Regular Meeting of the City Council May 7, 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 May 7, 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. Hearing and seeing no one, the Mayor continued the meeting. Citizen Input - Response Reqardinq Application of Proposed Statutes to France Avenue North Mayor Loomis introduced the agenda item. Brian Lee, 421 France Avenue North, distributed a clarification of paving facts information sheet; feels that the pot-holes and ruts are there now because the City has not graded this year; some of the run-off is because there has been no grading, expressed concern over trees; feels that rustic road statutes do apply; feels the street should be preserved and the project should �e slowed down. Council Member Johnson requested the staff meet with the France Avenue residents to review the cost estimates submitted by Brian Lee and to review the design elements of the project. William Joynes stated that after the April 1, 2002 City Council meeting staff has proceeded on the assumption that the street would be constructed. Staff will meet with the residents on France Avenue North to review the design criteria for the street and costs of the pavement management program. *Letter frorn Brian Lee Reqardinq Pavement Decision on France Avenue North MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the letter from Brian Lee, dated April 10, 2002 regarding the recent pavement decision on France Avenue Nort� and include the memo from City Attorney, Allen D. Barnard, dated April 18, 2002 regarding application of proposed statutes to France Avenue. Regular Meeting of the City Council May 7, 2002 Page 2 *E-Mail from Ivon Bonk Reqardinq Conditional Use Permit for 2525 Nevada Avenue North MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the e-mail from Ivon Bonk, dated April 9, 2002 regarding conditional use permit for 2525 Nevada Avenue North. Approval of Minutes: Citv Council Meetinqs -April 1, and April 16, 2002 Council Member Johnson requested staff to review the tape of the April 1, 2002 meeting regarding the France Avenue North pavement management program. MOVED by LeSuer, seconded by Johnson and motion carried to approve the City Council Meeting minutes of April 1, 2002 as amended; and the April 16, 2002 as submitted. Approval of Aqenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the agenda of May 7, 2002 as amended: Addition of Mayor and Council Item - Recognition of Dr. Robert Hoover; and Board/Commission Reappointments. Approval of Consent Aqenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the items on the consent agenda indicated by an asterisk, as submitted. *Approval of Ch�ck Reqister MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heatinq Licenses MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Commercial Fertilizer Licenses MOVED by LeSuer, seconded by Grayson and motion carried unanirr�ously to approve the commercial fertilizer licenses as recommended by staff. *Solicitor's License � Golden Vallev VFW MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the solicitor's license for Golden Valley VFW. Regular Meeting of the City Council May 7, 2002 Page 3 *Solicitor's License - Minnesota Public Interest Research Group (MPIRG) MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the solicitor's license for the Minnesota Public Interest Research Group (MPIRG). *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - April 8, 2002 Human Rights Commission - February 14, 2002 Bassett Creek Water Management Commission - March 21, 2002 Board of Zoning Appeals - March 26, 2002 Environmental Commission - March 25, 2002 Families Sharing the Dream - February 21, 2002 Open Space and Recreation Commission - April 22, 2002 Public Hearinq - Preliminarv Plat Approval - 3124, 3138, 3142 and 3146 Quail Avenue North Mark Grimes, Director of Planning and Development, presented the staff report. Atlen Barnard answered questions from the Council. Fred Reiter, 3146 Quail Avenue North and Karen Muchemore, 3124 Quail Avenue North, applicants, reviewed the plat and answered questions from the Council. Kevin McAleese, 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 Joh�nson, seconded by Grayson 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. Easements be shown on the final plat as outlined in the memorandum from Ron Christensen to Jeff Oliver dated March 28, 2002. 3. The Certificate of Survey submitted by the applicants, dated March 20, 2002, shall become a part of this approval. 4. There is a hardship as the �ots don't meet the minimum lot size requirements and it meets the criteria for a subdivision variance. Regular Meeting of the City Council May 7, 2002 Page 4 Public Hearinq - Preliminarv Plat Approval - 3124, 3138, 3142 and 3146 Quail Avenue North - Continued Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES MOVED by Tremere, seconded by LeSuer and motion carried unanimously that the minutes reflect that the City is creating a hardship by correcting the plat and that it now creates a zoning variance situation for property located at 3142 Quail Avenue North and the Board of Zoning Appeals should not penalize the property owner for such hardship. Continued Public Hearinct - Ordinance #268 - Conditional Use Permit - 2525 Nevada Avenue North, Suite 211 The following ordinance was MOVED by Johnson, seconded by Tremere: 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 Michael Tobak, applicant, reviewed the plan and answered questions from the Council. Kevin McAleese, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report. 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. Abraham Thomas, 2525 Nevada Avenue North, stated he owns 18 of the 24 units in the building, stated he wishes the situation caused by this request could be resolved by the Condominium Board; each unit is separately owned; and feels the site should be kept as an office/warehouse; expressed concern over adequate insurance for the applicant; feels he might lose tenants or have problems with tenants, drop-off and pick-up traffic concerns, feels the clients may want to go outside during good weather, stated he is opposed to the proposal; doesn't feel this is a good use for the site. Regular Meeting of the City Council May 7, 2002 Page 5 Continued Public Hearinq - Ordinance #268 - Conditional Use Permit - 2525 Nevada Avenue North, Suite 211 Jodi Vine-Kotz, 2525 Nevada Avenue North, Suite 209, stated she did not receive a notice of the first meeting before the Planning Commission and felt that the change would not happen so quickly and that the proposal was just being talked about; stated she did not understand the process and that if she had she would have objected much sooner; stated the applicant has changed his story about the client's use of wheelchairs; and feels the Council should deny the permit. Jeff Davis 1875 Hampshire Lane; stated that he has been involved in transporting the handicapped in the past and that some of the clients may have a difficult getting into and out of a building in case of an emergency; stated the other governmental jurisdictions will review the site and determine if that is a problem and they may not be able to get a license to operate if a problem exists. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #268, 2nd Series, amended condition number 4 to "assisted" instead of wheelchair. Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park. *Receipt of March 2002 General Fund Budqet Report MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the March 2002 general fund budget report. *Authorization to Siqn Aqreement with Hennepin County for Maintenance of Traffic Siqnals Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-38 RESOLUTION AUTHORIZING AGREEMENT NO. PW 13-13-02 BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY FOR MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS Regular Meeting of the City Council May 7, 2002 Page 6 *Authorization to Sipn Aqreement with Hennepin Countv for Maintenance of Traffic Siqnals - Continued 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. *Authorization to Siqn Aqreement Easement, Maintenance and Assessment Aqreement with Golden Vallev Countrv Club MOVED by LeSuer, seconded by Graysor� 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. Authorizinq Issuance and Sale of $10,300,000 General Obliqation Improvement Bonds, Series 2002A Don Taylor, Finance Director, introduced the agenda item and answered questions from the Council. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-39 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $10,300,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A 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, L.eSuer, 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. Authorizinq Issuance and Sale of $570,000 General Obliqation Equipment Certificates, Series 2002B Don Taylor, Finance Director, introduced the agenda item and answered questions from the CounciL Regular Meeting of the City Council May 7, 2002 Page 7 Authorizinq Issuance and Sale of $570,000 General Obliqation Equipment Certificates, Series 2002B - Continued Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-40 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $570,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2002B 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. *Quotes - Clothinq/Ruq Contract MOVED by LeSuer, seconded by Grayson and motion carried unanimously to award the three year contract to G & K Services for rental uniforms, shop rags, rental rugs and direct purchase items in the amount of $13,653.12. *Bids - Miscellaneous Concrete Repairs MOVED by LeSuer, seconded by Grayson and motion carried unanimously to award the bid for miscellaneous concrete repair from the lowest responsible bidder, Ron Kassa Construction for$55,825.00. The bids are as follows: Ron Kassa Construction 55,825.00 Thomas & Sons Construction 116,795.00 *Bids - Pavement Manaqement Proqram - South Tvrol Area MOVED by LeSuer, seconded by Grayson and motion carried unanimously to award the bid for the pavement management program for the South Tyrol area from the lowest responsible bidder, Thomas & Sons, Inc. for$2,411,150,26. The bids are as follows: Thomas & Sons, I nc. $2,411,150.26 C. S. McCrossan Construction, Inc. 2,696,933.60 Hardrives, Inc. 3,117,176.23 Regular Meeting of the City Council May 7, 2002 Page 8 Bids - Pavement Manaqement Proqram - Meadow Lane North Area Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Grayson, seconded by Tremere and motion carried unanimously to award the bids for the pavement management program for Meadow Lane North area from the lowest responsible bidder, CS McCrossan for $5,198.310.03. The bids are as follows: CS McCrossan $5,198,310.03 Midwest Asphalt 6,353,486.77 Thomas and Sons 6,412,497.43 Reinstatement of 2002 Budqet Cuts William Joynes introduced the agenda item and answered questions from the Council. Council Member Grayson reviewed his memo regarding reinstatement of funds for the pubtic safety department and answered questions from the council. MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the reinstatement of $40,000 for one Community Service Officer and $10,000 for police overtime. Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES Announcements of Meetinqs The raext 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. The next City Council Meeting is May 21, 2002 at 6:30 p.m. The City Council will hold the Board/Commission Recognition Dinner will be held on May 28, 2002 at 6:30 p.m. There will be a City Council meeting on June 4, 2002 at 6:30 p.m. There will be a City Council meeting on Monday, June 17, 2002 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council May 7, 2002 Page 9 *Proclamation for Arbor Dav MOVED by Johnson, seconded by LeSuer and motion carried unanimously to proclaim May 17, 2002 as Arbor Day and May as Arbor Month. Presentation of Certificates of Appointment Mayor Loomis presented the Certificates of Appointment, mug, city pen, pencil and pin to the following new Human Rights Commission members: Anise McDowell; Hilvie Ostrow, Jeff Davis, Nina Furman and Ron Brandon. Leqislative Action Reqardinq Gvpsv Moth Treatment Council Member Tremere introduced the agenda item. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-41 RESOLUTION URGING IMMEDIATE LEGISLATIVE ACTION TO ALLOW THE AERIAL APPLICATION OF BTK FOR ERADICATION OF THE GYPSY MOTH IN GOLDEN VALLEY The rr�otion 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. Consideration of Extension of Current Citv Manaqer Services Bevond June 30, 2002 Mayor Loomis introduced the agenda item. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the Extension Agreement dated May 7, 2002. Authorizatior� to Hire Executive Search Firm Mayor Loomis introduced the agenda item and answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the Mayor to sign the agreement with Personnel Decisions International, dated May 3, 2002. Regular Meeting of the City Council May 7, 2002 Page 10 Reqistration for LMC Annual Conference - June 18-21, 2002 Mayor Loomis requested that any Council Member who wishes to attend the LMC Conference notify staff. Council Members Johnson and Tremere plan on attending. Recoqnition of Dr. Robert Hoover Council Member Johnson reviewed some of the contributions of the late Dr. Robert Hoover, as former Council Member and Mayor. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to invite Reverend Hoover and her family to a future meeting in order to publicly recognize the contributions made to the City by Robert Hoover. Council Member Johnson will speak with Reverend Hoover about what date she would be able to attend. Board/Commission Reappointment Process Council Member Tremere introduced the agenda item. MOVED by Tremere, seconded by Johnson and motion carried unanimously to table the agenda item until the City Council meeting of June 17, 2002. Adiournment MOVED by LeSuer, seconded by Johnson and motion carried unanimously to adjourn the meeting at 9:40 p.m. . 4 Linda R. Loomis, Mayor ATTEST: � J d Nally Administrativ Assistant ,