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12-03-01 CC MinutesRegular Meeting of the City Council December 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 December 3, 2001 at 6:30 p.m. The following members were present: Anderson, Bakken (arrived at 7:30 p.m.), Johnson, LeSuer and Micks. Also present were: William Joynes, 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 - November 20, 2001 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the City Council Meeting minutes for November 20, 2001 as submitted. Approval of Agenda MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the agenda of December 3, 2001 as submitted. Approval of Consent Agenda MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), as submitted. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council December 3, 2001 Page 2 *Minutes of Boards and Commissions MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - October 23, 2001 Open Space and Recreation Commission - October 22, 2001 Building Board of Review - October 22, 2001 Human Services foundation - September 10, and October 8, 2001 Public Hearing - Preliminary Plat Approval - 609 and 613 Turnpike Road Joe Silitz, applicant, reviewed the plat and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, reviewed the item and answered question 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 plat for 609 and 613 Turnpike Road subject to the following conditions: 1. The existing shed at 609 Turnpike Road to be locatedon the property to conform with accessory building setback requirements in the residential zoning district 2. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 3. The Certificate of Survey submitted by the applicants, dated October 17, 2001 shall become a part of this approval. 4. Approve a variance to the Subdivision Code that states that all lots in the subdivision must meet all requirements of the Zoning Code. Public Hearin - Ordinance #262 - Conditional Use Permit - 600 Boone Avenue North The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE NO. 262, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 01-91 600 Boone Avenue North BP Connect, Applicant Regular Meeting of the City Council December 3, 2001 Page 3 Public Hearing - Ordinance #262 - Conditional Use Permit - 600 Boone Avenue North - Continued Jeff Wurst, representing the applicant, reviewed the plan and answered questions from the Council. John Kosmas, KK Design, was present to answer questions from the Council. Les Eck, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, reviewed the item and answered questions from the Council. Jeannine Clancy 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 Micks, seconded by LeSuer and motion carried unanimously to approve Ordinance #262, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Public Hearing - Ordinance #263 - Conditional Use Permit - Amendment #1 - 9130 Olson Memorial Highway The following ordinance was MOVED by Micks, seconded by LeSuer: ORDINANCE NO. 263, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 01-90, Amendment #1 9130 Olson Memorial Highway Auto Point. Ltd., Applicant Rick Foreman, representing the applicant, reviewed the plan 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 Micks, seconded by Bakken and motion carried unanimously to approve Ordinance #263, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Regular Meeting of the City Council December 3, 2001 Page 4 Public Hearing - Ordinance #264 - Adult Day Care Centers as Conditional Use The following ordinance was MOVED by Bakken, seconded by LeSuer: ORDINANCE NO. 264, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 11, Land Use Regulation (Zoning) Provisions Relating to Allow Adult Day Care Centers as a Conditional Use in the Commercial, Light Industrial, Industrial, Business and Professional Offices, and Institutional Zoning Districts Mark Grimes, Director of Planning and Development, reviewed the item and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report. Mark Tobak, International Health Care Services, reviewed his reasons for requesting the change in the ordinance to allow for adult day care centers. 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 Micks, seconded by Bakken and motion carried unanimously to approve Ordinance #264, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES *Receipt of October 2001 General Fund Budget Report MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the October 2001 general fund budget report. *Authorization to Sign Cooperative Agreements with MnDOT and Hennepin County for T.H. 100 Segment V (Duluth Street to 29th Avenue North) - Agreement with MnDOT; Agreement with MnDOT and Hennepin County for Traffic Signal and Emergency Vehicle Preemption Devices and Agreement with Hennepin County for Trials, Sidewalks and Landscaping Member Micks introduced the following resolution and moved its adoption: RESOLUTION 01-70 RESOLUTION AUTHORIZING CONSTRUCTION COOPERATIVE AGREEMENT NO. 82561-R BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF GOLDEN VALLEY FOR SEGMENT V OF THE TH 100 PROJECT (TH 100 AND DULUTH STREET) Regular Meeting of the City Council December 3, 2001 Page 5 *Authorization to Sign Cooperative Agreements with MnDOT and Hennepin County for T.H. 100 Segment V (Duluth Street to 29th Avenue North) - Agreement with MnDOT; Agreement with MnDOT and Hennepin County for Traffic Signal and Emergency Vehicle Preemption Devices and Agreement with Hennepin County for Trials, Sidewalks and Landscaping - Continued 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, Johnson, LeSuer and Micks; and the following was absent: Bakken, 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 01-71 RESOLUTION AUTHORIZING CONSTRUCTION COOPERATIVE AGREEMENT NO. 82562M BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION, THE CITY OF GOLDEN VALLEY, AND HENNEPIN COUNTY FOR MAINTENANCE AND OPERATION OF THE TRAFFIC SIGNALS ON DULUTH STREET RELATED TO THE TH 100, SEGMENT V PROJECT, MAINTENANCE AND OPERATION OF THE EMERGENCY VEHICLE PREEMPTION DEVICES, AND OTHER ASSOCIATED IMPROVEMENTS 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, Johnson, LeSuer and Micks; and the following was absent: Bakken, 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 01-72 RESOLUTION AUTHORIZING AGREEMENT NO. PW 61-13-01 BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY RELEVENT TO OWNERSHIP AND MAINTENANCE OF TRAILS, SIDEWALKS AND LANDSCAPING WITHIN THE RIGHT OF WAY FOR DULUTH STREET (CSAH 66) AND RELATED TO THE TH 100, SEGMENT V PROJECT 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, Johnson, LeSuer and Micks; and the following was absent: Bakken, 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 December 3, 2001 Page 6 *Quotes - Multi-Tractor/Sidewalk Snowblower MOVED by Micks, seconded by LeSuer and motion carried unanimously to purchase a trackless multi-purpose tractor/sidewalk Snowblower through the MnDOT Purchasing Division from MacQueen Equipment, Inc. in the amount of $81,132.77. Update on North Hennepin Regional Trail - Country Club Drive Segment William Joynes introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. MOVED by Johnson, seconded by Micks and motion carried to authorize staff to advertise the trail as an alternate bid item in conjunction with the street project, direct staff to reduce the City's indirect charges from 25% to 15% on the Pennsylvania Avenue and Country Club segments only, and proceed with the project subject to the following conditions: 1. City staff will revise the plans to reflect the relocation of the overhead utility lines and construction of the trail. These plans will be completed by the end of December 2001. Staff will submit these plans to the Municipal State Aid office and will simultaneously supply the plans to Hennepin Parks and Xcel Energy, along with a list of probable locations where temporary and permanent easements are required. Hennepin Parks will be required to prepare legal descriptions for all of the permanent and temporary easements that are necessary, and obtain these easements by March 15, 2001. 2. Hennepin Parks is required to prepare a construction cooperative or joint powers agreement between the City of Golden Valley and Hennepin Parks. This agreement should be fully executed by February 15, 2002. Staff recommends that this agreement require payments for the construction of the trail based upon unit bid prices and that full payment be made for the trial upon contract award. Finally, adjustments for cost over or under runs would be made at the completion of the project. 3. Hennepin Parks is required to execute and return to the City the agreement for the North Hennepin Regional Trail (Pennsylvania Avenue North segment), and pay the outstanding invoice for the costs associated with the design and construction of this trail by December 31, 2001. Council Member LeSuer voted no. Announcements of Meetings The Council/Manager Meeting scheduled for December 11, 2001 has been cancelled . The Housing and Redevelopment Authority Meeting will be held on December 11, 2001 at 6:30 p.m. Regular Meeting of the City Council December 3, 2001 Page 7 Announcements of Meetings - Continued There will be a Special City Council Meeting regarding the 2002 Budget on December 11, 2001 at 7:00 p.m. The next City Council Meeting is December 18, 2001 at 6:30 p.m. Mayor and Council Communications Mayor Anderson welcomed to the meeting Boy Scout Troop #476 who meet at the Spirit of Hope Church. Presentation of 2001 Human Rights Award - Ronald Davis Mayor Anderson presented background information on the Bill Hobbs Human Rights Award. Dr. Mike Kremer, Superintendent, reviewed the nomination of Ron Davis, Hopkins School District member for the award Sherri Davis and Kamarrie Davis, wife and daughter of Ron Davis were present to accept the award posthumously on his behalf. Mrs. Davis thanked the Council for the award on behalf of their family and friends. The Council took a brief recess. Adiournment MOVED by LeSuer, seconded by Micks and motion carried unanimously to adjourn the meeting at 7:58 p.m. Mary E. Berson, Mayor ATTEST: J y Nall t Administrative Secretary