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04-03-01 CC MinutesRegular Meeting of the City Council April 3, 2001 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 3, 2001 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: Jeanne Andre, Assistant to the City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Minutes: City Council Meeting - March 20, 2001 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the City Council meeting minutes of March 20, 2001 as submitted. Approval of Agenda MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the agenda of April 3, 2001 as submitted. Approval of Consent Agenda MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as amended: Removal of Departmental Item - Extension of Workers Compensation Coverage to City's Elected and Appointed Officials. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize the issuance of license #228 - #232 and #7431 to #7443. Regular Meeting of the City Council April 3, 2001 Page 2 *Solicitor's License - Golden Valley V.F.W. Post 7051 MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the solicitor's license for the Golden Valley V.F.W. Post 7051. *Minutes of Boards and Commissions MOVED by Bakken, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Environmental Commission - February 26, 2001 Planning Commission - March 5, 2001 Public Information Meeting - General Mills, Inc. Office Expansion Environmental Assessment Worksheet Mayor Anderson introduced the agenda item. Jeannine Clancy reviewed the staff report and answered questions from the Council. Glen Van Wormer, Short Elliott Hendrickson; and Jeanne Andre answered questions from the Council. Todd Forsythe, General Mills, Mia Blanchard, Hamel, Green and Ambramson, Inc. and Fred Dock, Meyer, Mohhades Associates Inc. reviewed the plan 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. Linda Loomis, 6677 Olson Memorial Highway, wanted to know if the development is counted toward the excess development capacity in the overlay traffic zoning district; asked how many parking places they will have and if the traffic count number equals the number of parking spaces. The Mayor closed the public hearing. Jeannine Clancy reviewed the next step in the process. Public Hearings - Golden Hills Tax Increment Financing Plan - Amendment #3 Don Taylor, Finance Director introduced the agenda item and answered questions from the Council. Jeanne Andre and Allen Barnard answered questions from the Council. Regular Meeting of the City Council April 3, 2001 Page 3 Public Hearings - Golden Hills Tax Increment Financing Plan - Amendment #3 - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mark Friederichs, 7501 Western Avenue , asked if there is a plan in place to maximize the financial return on the property being sold and developed, if it is on a competitive basis and will we make a profit from it? Linda Loomis, 6677 Olson Memorial Highway, she stated that a previous plan showed an item for removal and rebuilding of the fire station and it was switched to a pedestrian crossing and she wanted to know what the procedure was for amending the plan; and asked questions about the sale of bonds for Meadowbrook School. The Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 01-16 RESOLUTION APPROVING AMENDMENT OF TAX INCREMENT FINANCING PLAN FOR THE GOLDEN HILLS TAX INCREMENT FINANCING DISTRICT LOCATED WITHIN THE GOLDEN HILLS REDEVELOPMENT AREA 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: Anderson, Bakken, Johnson, LeSuer and Micks; 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. Continued Public Hearing - Preliminary Plat Approval - 9120 Plymouth Avenue North and Continued Public Hearing - Ordinance #241 - Rezoning to Two -Family Residential Zoning District - 9120 Plymouth Avenue North Dennis Gonyea, Applicant, reviewed the preliminary plat and rezoning request and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development presented the staff report and answered questions from the Council. Jeannine Clancy and Allen Barnard answered questions from the Council. Regular Meeting of the City Council April 3, 2001 Page 4 Continued Public Hearing - Preliminary Plat Approval - 9120 Plymouth Avenue North and Continued Public Hearing - Ordinance #241 - Rezoning to Two -Family Residential Zoning District - 9120 Plymouth Avenue 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 Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary plat for Second Addition to Lakeview Heights subject to the following conditions: 1) prior to final plat approval by the City Council, the applicant must submit an engineering study to the City Engineer. This study must be approved by the City Engineer and indicate how the subdivision can be developed without adverse impact on adjacent properties and existing utility lines; and 2) the final plat shall include an additional 10 foot width to the existing utility easement in vacated Flag Avenue. The following ordinance was MOVED by Micks, seconded by LeSuer: ORDINANCE NO. 241, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Residential Zoning District to Two -Family Residential (R-2) Zoning District 9120 Plymouth Avenue North Susan Gonyea, Applicant MOVED by Micks, seconded by Bakken and motion carried unanimously to approve Ordinance #241, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES MOVED by LeSuer, seconded by Micks and motion carried unanimously to direct staff to hold the ordinance and not publish it until such time as the final plat is approved. Public Hearing - Ordinance Amendment - Adoption of Official Zoning Map; and Public Hearing - Ordinance Amendment - Planned Unit Development Administrative Regulations Mark Grimes 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. Regular Meeting of the City Council April 3, 2001 Page 5 Public Hearing - Ordinance Amendment - Adoption of Official Zoning Map and Public Hearing - Ordinance Amendment - Planned Unit Development Administrative Regulations - Continued Mark Friederichs, 7501 Western Avenue, stated that most people do not know what a PUD is and suggested the name should be changed to total zone variance because no zoning laws apply. The Mayor closed the public hearing. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to continue the public hearing for consideration of an ordinance amendment to adopt an official zoning map and for consideration of an ordinance for planned unit development administrative regulations until April 17, 2001. *Receipt of February 2001 General Fund Budget Report MOVED by Bakken, seconded by Johnson and motion carried unanimously to receive and file the February 2001 general fund budget report. *Transfer from North Wirth Debt Service Fund MOVED by Bakken, seconded by Johnson and motion carried unanimously to transfer $5,231.06 from the North Wirth Debt Service Fund to the Valley Square Debt Service Fund. *Authorization to Hire Environmental Process, Incorporated for Design Services for Lower Level City Hall Remodeling MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize the City Manager to sign the contract with Environmental Process Incorporated in the amount of $32,000 for design services related to the remodeling of the lower level of city hall. Extension of Workers Compensation Coverage to City's Elected and Appointed Officials Mayor Anderson introduced the agenda item. Council Member LeSuer had questions regarding the item. Jeanne Andre answered questions from the Council. Regular Meeting of the City Council April 3, 2001 Page 6 Extension of Workers Compensation Coverage to City's Elected and Appointed Officials - Continued Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 01-17 RESOLUTION EXTENDING WORKERS COMPENSATION COVERAGE TO THE CITY'S ELECTED AND APPOINTED OFFICIALS The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; 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. *Call for Feasibility Study - 2002 Pavement Management Program Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 01-18 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT 2002 PAVEMENT MANAGEMENT PROGRAM 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: Anderson, Bakken, Johnson, LeSuer and Micks; 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 - Brush Pickup MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid to the only bidder, Tim's Tree Service in the amount of $63,034.40. *Bids - Hampshire Park Pond Vegetation MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid for native plan installation at Hampshire Park from the lowest responsible bidder, Applied Ecology, Inc. for a total bid of $16,833.25. The bids are as follows: Base Bid Alternate Total Bid Applied Ecology, Inc. $14,833.25 $2,000.00 $16,833.25 Prairie Restoration Inc. 18,573.15 2,300.00 20,853.15 Minnesota Native Landscapes 39,033.80 7,500.00 46,533.80 Regular Meeting of the City Council April 3, 2001 Page 7 *Bids - Tower Square Demolition MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid for the demolition of the Tower Square Building to the lowest responsible bidder, Wickenhauser Excavating, Inc. for a total of $93,823.25. The bids are as follows: Wickenhauser Excavating $93,823.25 Veit Companies 94,618.04 Kevitt Excavating 96,591.98 Carl Bolander & Sons 120,909.40 Hoist Excavating 124,439.80 Don Zappa & Sons 130,341.23 Diamond 5 Construction 148,391.25 Landwehr Construction 162,621.90 USD Minnesota 185,710.78 *Quotes - Ford Expedition MOVED by Bakken, seconded by Johnson and motion carried unanimously to purchase a 2001 Ford Expedition from the lowest responsible bidder, Superior Ford for $27,786.00. The quotes are as follows: Superior Ford $27,786.00 Freeway Ford 28,490.00 Announcements of Meetings The next Council/Manager meeting is scheduled for April 10, 2001 at 5:30 p.m. The next City Council meeting is April 17, 2001 at 6:30 p.m. A Joint Housing and Redevelopment Authority and Former Sheriff's Pistol Range Advisory Board meeting will be held on April 17, 2001 at 5:00 p.m. The Run the Valley Event will be held April 21, 2001. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council April 3, 2001 Page 8 Staff Response to Funding Request from South Rice Lake Association Mayor Anderson introduced the agenda item. Linda Loomis, Chair, Open Space and Recreation Commission, presented the Commission report. Jeannine Clancy, reviewed the staff response to the request and answered questions from the Council. George Wilcox, 2560 Kyle Avenue North, stated the Association is seeking a small amount of funding for treatment of the lake and that they have already embarked on best management practices, feels the treatment will make the value of the property better and will generate more tax dollars; stated their neighborhood is collecting monies and will seek approval from the DNR even if the Council does not contribute funds, stated that the mechanical weed cutting can only be done on Grimes Pond; and that North and South Rice ponds have to hand cut and at this time they chose the alum treatment first because the hand removal would be too expensive. Barbara Robertson, 2631 Kyle Avenue North, stated she went for a walk near the Hidden Lakes development and noticed that the geese need a place to live and this is an opportunity to provide a place for nature. MOVED by LeSuer, seconded by Micks to proceed with the alum treatment, after the weed cutting has been performed and that the City, an adjacent property owner, participate in the special assessments and continue to develop a best management practices plan with the other cities. Mayor Anderson, Council Member Bakken and Council Member Johnson voted no. MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize the Mayor meet to with the City of Crystal and City of Robbinsdale to develop a coordinated best management practices plan. Request by Environmental Commission to Review Hidden Lakes PUD Amendment Mayor Anderson introduced the agenda item and answered questions from the Council. Rich Baker, 224 Janalyn Circle, Vice Chair, Environmental Commission, reviewed their request to review and comment on phase 2 of the Hidden Lakes Planned Unit Development. Mark Grimes, Director of Planning and Development reviewed the staff response and answered questions from the Council. Regular Meeting of the City Council April 3, 2001 Page 9 Request by Environmental Commission to Review Hidden Lakes PUD Amendment Allen Barnard answered questions from the Council. MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the staff report dated March 28, 2001. MOVED by Micks, seconded by LeSuer and motion carried unanimously that the Environmental Commission fulfill their duties and responsibilities as outlined in Ordinance 218, Subdivision 2C - review and make recommendations regarding the city's existing environmental ordinances, policies and guidelines, with a view toward protecting our water bodies. Support of Anti -Phosphorous Legislation Mayor Anderson introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. Member LeSuer introduced the following resolution and moved its adoption, as amended: addition of - WHEREAS, effective August 1, 2002, a person may not apply a fertilizer containing the plant food phosphorous to turf except when a soil test by a laboratory certified by the agency and performed within the last three years indicates that the levels of available phosphorous in the soil are insufficient to support healthy turf growth; and RESOLUTION 01-19 RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; 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. Board of Zoning Appeals Appointment and Reappointment Mayor Anderson withdrew the item from the agenda so the Council can have a more extended review and deliberation on the appointments. Mayor Anderson distributed copies of current applications that listed Building Board of Review as one of their choices. She requested the Council notify staff by Thursday if there is someone from the list or anyone else that fit their criteria for appointment. Regular Meeting of the City Council April 3, 2001 Page 10 Board of Zoning Appeals Appointment and Reappointment The Council will conduct the interviews on April 10, 2001 at approximately 7:30 p.m. Council Member LeSuer is unable to attend the interview but will review the recommendations and report back to the Mayor. Appointment of Council Subcommittee - Council Salaries Mayor Anderson introduced the agenda item. MOVED by Micks, seconded by Johnson and motion carried unanimously to appoint Council Member Bakken and Council Member LeSuer as the subcommittee to review the Council Salaries and make a recommendation to the Council. Adjournment MOVED by Bakken, seconded by Micks and motion carried unanimously to adjourn the meeting at 9:23 p.m. rAnderson, ATTEST: a�-tv-� J d Nallydministrativ ecretary