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