08-02-99 CC Minutes Regular Meeting
of the
City Council
August 2, 1999
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 August 2, 1999 at 6:30 p.m.
The following members were present: Anderson, Bakken, 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.
Letter from Charlie Quimby Regarding SEH Consulting Contract
Mayor Anderson introduced the agenda item. Council Member Micks reviewed the letter.
MOVED by Micks, seconded by Johnson and motion carried unanimously to receive and
file the e-mail letter from Charlie Quimby, dated July 20, 1999 regarding Short Elliott
Hendrickson, Inc. consulting contract.
Council Member Bakken suggested the Council discuss at a future Council/Manager
meeting the issue of a setting standards of communications.
Approval of Minutes: Council/Manager Meeting - July 13, 1999; and City Council
Meeting -July 20, 1999
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
Council/Manager meeting of July 13, 1999; and the City Council Meeting of July 20, 1999
as submitted.
Mayor Anderson read the Council/Manager minutes for July 13, 1999.
Approval of Agenda
MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the
agenda of August 2, 1999 as amended: Addition of Mayor and Council Item - Human
Services Foundation Classic Golf Tournament.
Regular Meeting of the City Council
August 2, 1999
Page 2
Approval of Consent Agenda
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
items on the consent agenda as amended: Organizational Item - Minutes of Boards and
Commissions - Bassett Creek Water Management Commission - June 17, 1999;
Departmental Item - Authorization to Upgrade the Voice Mail System; and Mayor and
Council Item - Establishing a Housing Task Force.
Mayor Anderson read the items listed on the consent agenda.
*Approval of Check Register
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the issuance of licenses #17517 to #17520 and #7198 to#7201.
*Solicitor's License - Liann M. Johnson d/b/a G. E. Financial Assurance
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
solicitor's license for Liann M. Johnson d/b/a G. E. Financial Assurance.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the minutes received as follows:
Board of Zoning Appeals - June 22, 1999
Open Space and Recreation Commission - June 28, 1999
Planning Commission - July 12, 1999
Minutes of Boards and Commissions - Bassett Creek Water Management
Commission -June 17, 1999
Council Member LeSuer had questions regarding raising the water quality of Bassett Creek
from Level III to Level II.
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and
file the Bassett Creek Water Management Commission minutes of June 17, 1999.
Regular Meeting of the City Council
August 2, 1999
Page 3
Minutes of Boards and Commissions - Bassett Creek Water Management
Commission -June 17, 1999 - Continued
The Council will discuss the impact of raising the water quality level of Bassett Creek at a
future Council/Manager meeting.
Continued Public Hearing - Street Vacation - Portion of Sunnyridge Lane
Jeannine Clancy 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 Bakken introduced the following resolution and moved its adoption:
RESOLUTION 99-58-1
RESOLUTION FOR STREET VACATION OF SUNNYRIDGE LANE NORTH
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 - Ordinance #206 - General Plan Approval - PUD #84 -
Animal Humane Society
William Joynes updated the Council on the discussions held with the Animal Humane
Society for use of the western half of Sunnyridge Lane.
Mark Grimes reviewed how the easement vacation of Sunnyridge Lane relates to the
general plan.
MOVED by Micks, seconded by LeSuer and motion carried unanimously that the City grant
a permanent easement to the Animal Humane Society over the west half of Sunnryridge
Lane subject to the following conditions: The easement area will be used by the Animal
Humane Society for access and yard purposes. The City will not be responsible for any
future maintenance or reconstruction of the old Sunnyridge Lane. The City will maintain
utilities under vacated Sunnyridge Lane. The City will keep all necessary utility easements
in this area.
Regular Meeting of the City Council
August 2, 1999
Page 4
Continued Public Hearing - Ordinance #206 - General Plan Approval - PUD #84 -
Animal Humane Society - Continued
The following ordinance was MOVED by Bakken, seconded by Johnson:
ORDINANCE NO. 206, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of General Plan of Development
Animal Humane Society, PUD #84
Animal Humane Society, Applicant
Mark Grimes reviewed the general plan and answered questions from the Council.
Al Stensrud, Executive Director, Animal Humane Society, reviewed the project 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.
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to add
condition #18 - The PUD permit will indicate that if there is any concern voiced by the City
in regard to odors from the crematorium, the Animal Humane Society will take immediate
action to address this issue, at their cost.
MOVED by LeSuer, seconded by Micks and motion carried to amend the foregoing motion
to add the following to condition #18 - The City reserves the right to regulate the hours of
operation of the crematorium. Council Member Johnson voted no.
MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve
Ordinance #206, 2nd Series as amended. Upon a roll call vote, the vote will be as follows:
ANDERSON -YES BAKKEN -YES JOHNSON - YES LESUER -YES MICKS -YES
Public Hearing - Preliminary Plat Approval - Mills Jersey Addition
Mark Grimes, Director of Planning and Development reviewed the item; and William
Joynes, Jeannine Clancy and Allen Barnard 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.
Regular Meeting of the City Council
August 2, 1999
Page 5
Public Hearing - Preliminary Plat Approval - Mills Jersey Addition - Continued
Keith Otzen, 215 Idaho Avenue North, had questions about the setback requirements, if
there will be room for a back yard on the site, will the house that will be built there be
compatible to the neighborhood, stated that Glenwood is a dangerous street and
expressed concern over the driveway entrance on Glenwood; feels the Council should
know what the house is going to look like before approval of the preliminary plat and feels
the lot isn't designed for what they want to do.
Charles LaGreca, 121 Jersey Avenue North, expressed concern over the location of the
driveway; feels that splitting the lots will compromise the integrity of the land in the suburbs
and doesn't understand the trend; opposed to the subdivision because it creates
population density, noise pollution and compromises his investment; feels it is a dangerous
corner to be putting in another driveway; and urged the Council and staff to be more
vigilant in how they subdivide the large lots within the City.
The Mayor closed the public hearing.
MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the
preliminary plan for the Mills Jersey Addition, subject to the following conditions:
1. The final plat shall reflect standard easements along property lines and such
additional easements as the City Engineer may find desirable for public purposes.
2. The final plat approval shall be withheld until receipt of comments from Hennepin
County and compliance with any applicable conditions listed therein.
3. A park dedication fee in the amount of $500 be received at the time of final plat
approval.
4. Payment received of a deferred special assessment of Lot 1 at the State Aid
assessment rate in effect at the time of the final plat approval.
5. A revised address for Lot 2 must be obtained and include "Jersey Avenue".
6. Restoration from the water main right-of-way excavation will be required consistent
with the new street construction and as outlined in City Code.
7. The subdivision will be subject to the Tree Preservation and Grading, Drainage and
Erosion Control Ordinances.
8. Lot 1 must be brought into permanent compliance with City Code regarding corner
visibility as part of this subdivision. This must be accomplished either with six
months of plat approval or construction of a house on Lot 1 whichever occurs first.
9. All building code requirements must be adhered to.
10. At final approval the City Council will consider a variance to the subdivision code for
the garage.
Regular Meeting of the City Council
August 2, 1999
Page 6
Public Hearing - Preliminary Plat Approval - Mills Jersey Addition - Continued
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to have an
evaluation of the safety issues by the engineer before determining the location of the
driveway on the Mills Jersey Addition.
The Council requested that the lot be brought into permanent compliance with the City
Code regarding corner visibility as soon as possible.
Public Hearing - Drainage and Utility Easement Vacation - Golden Hills West 2nd
Addition and Portion of 1-394 Frontage Road (Wayzata Boulevard)
Jeannine Clancy introduced the agenda item.
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 Micks introduced the following resolution and moved its adoption:
RESOLUTION 99-63
RESOLUTION VACATING DRAINAGE AND UTILITY
EASEMENTS AT 6020 WAYZATA BOULEVARD AND THE
ADJACENT 1-394 FRONTAGE ROAD (WAYZATA BOULEVARD)
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.
Informal Public Hearing - First Consideration - Ordinance #207 -Amendment to State
Building Code - Incorporation of 1999 National Electrical Code
The following ordinance was MOVED by LeSuer, seconded by Micks:
ORDINANCE NO. 207, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adopting the Amended State Building Code
Incorporation of the 1999 National Electrical Code
Mark Kuhnly, Chief of Inspection Services, introduced the agenda item.
Regular Meeting of the City Council
August 2, 1999
Page 7
Informal Public Hearing - First Consideration - Ordinance #207 -Amendment to State
Building Code - Incorporation of 1999 National Electrical Code
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
Ordinance #207, 2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON -YES BAKKEN - YES JOHNSON - YES LESUER -YES MICKS -YES
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
beer and/or wine requests at Brookview Park.
Authorization to Upgrade the Voice Mail System
William Joynes introduced the agenda item and answered questions from the Council.
MOVED by Micks, seconded by Johnson and motion carried unanimously to authorize the
upgrade to the Octel 250 voice mail system at a cost of $43,369.98, with installation to be
completed before year-end.
*Approval of Inter-Fund Loan for Purchase of Honeywell Ball Fields
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-64
RESOLUTION AUTHORIZING AN INTER-FUND LOAN FOR THE PARK
IMPROVEMENT FUND AND SETTING THE TERMS OF THIS INTER-FUND LOAN
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.
Regular Meeting of the City Council
August 2, 1999
Page 8
*Support for Establishing a School Speed Zone on Medicine Lake Road and Boone
Avenue North
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-65
RESOLUTION SUPPORTING A SCHOOL SPEED ZONE ON MEDICINE
LAKE ROAD (CSAH 70), BETWEEN ENSIGN AVENUE NORTH AND 100 FEET
EAST OF BOONE AVENUE IN THE CITIES OF GOLDEN VALLEY AND NEW HOPE
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.
*Authorize Issuance of a Quit Claim Deed to Christianson and Torgerson - Golden
Hills West 5th Addition
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
deeding portions of City owned land in the Golden Hills 5th Addition to Christianson and
Torgerson Partnership, L.L.P., described as follows:
That part of Government Lot 3 and Government Lot 4, Section 4, Township 117, Range 21,
described as follows: Beginning at the southeast corner of Lot 1, Block 2, GOLDEN HILLS
WEST 3RD ADDITION, according to the recorded plat thereof; thence on an assumed
bearing of North 23 degrees 12 minutes 03 seconds East, along the easterly line of said
Lot 1, a distance of 234.32 feet; thence continuing along said easterly line South 66
degrees 47 minutes 57 seconds East, 15.00 feet to the most easterly line of said Lot 1;
thence South 23 degrees 12 minutes 03 seconds West, 227.14 feet to a point of
intersection with the easterly extension of the southerly line of said Lot 1, Block 2,
GOLDEN HILLS WEST 3RD ADDITION; thence South 87 degrees 36 minutes 43 seconds
West along said easterly extension a distance of 16.63 feet to the point of beginning.
AND
That part of Lot 1, Block 2, GOLDEN HILLS WEST 3RD ADDITION, according to the
recorded plat thereof, lying southeasterly of a line and its northeasterly extension described
as commencing at the northeast corner of said Lot 1; thence westerly along the north line
of said Lot 1, a distance of 64.88 feet to the point of beginning of the line to be described;
thence Southwesterly, deflecting to the left 64 degrees 22 minutes 36 seconds a distance
of 268.14 feet; thence northwesterly, deflecting to the right 90 degrees 00 minutes 00
seconds a distance of 10.00 feet; thence southwesterly, deflecting to the left 90 degrees 00
Regular Meeting of the City Council
August 2, 1999
Page 9
*Authorize Issuance of a Quit Claim Deed to Christianson and Torgerson - Golden
Hills West 5t"Addition -Continued
minutes 00 seconds a distance of 44.79 feet to the south line of said Lot 1 and said line
there terminating.
AND
That part of the south 33 feet of Government Lot 3, Section 4, Township 117, Range 21,
and that part of Superior Boulevard as dedicated in the plat of "JOHN A. JOHNSONS
ADDITION", according to the recorded plat thereof, Hennepin County, Minnesota, lying
between the southerly extension of the west line of Lot 1, Block 1, GOLDEN HILLS WEST
2ND ADDITION, according to the recorded plat thereof; and the westerly right of way line
of the Soo Line Railroad Company; and lying northerly of the easterly extension of the
south line of Lot 1, Block 2, GOLDEN HILLS WEST 4TH ADDITION, according to the
recorded plat thereof.
*Approval of Plat- Golden Hills West 5th Addition
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-66
RESOLUTION FOR APPROVAL OF PLAT- GOLDEN HILLS WEST 5TH ADDITION
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.
Authorization to Sign Contract with NSP for Street Lighting - 99 SI 1 - Xenia Avenue
Extension
Council Member LeSuer removed himself from the discussion and voting on the issue due
to a potential conflict of interest.
Jeannine Clancy introduced the agenda item and answered questions from the Council.
MOVED by Johnson, seconded by Bakken and motion carried to approve the contract with
Northern States Power for street lighting related to Xenia Avenue extension in the amount
of$128,500.
Regular Meeting of the City Council
August 2, 1999
Page 10
98 Ml 1 - Winnetka Heights Drive, Winnetka Avenue North to Pennsylvania Avenue
North - Recall for Feasibility Study - Recall Public Hearing - Call for Public Hearing -
Special Assessments - 9/7/99
Iliam Joynes introduced the agenda item. Jeannine Clancy reviewed the project and
answered questions from the Council.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-67
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
98 MI 1
BURIAL OF OVERHEAD POWER LINE
WINNETKA HEIGHTS DRIVE, WINNETKA AVENUE NORTH TO
PENNSYLVANIA AVENUE NORTH
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.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-68
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON PROPOSED PUBLIC IMPROVEMENTS
98 MI 1
BURIAL OF OVERHEAD POWER LINE
WINNETKA HEIGHTS DRIVE, WINNETKA AVENUE NORTH TO
PENNSYLVANIA AVENUE NORTH
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.
MOVED by Johnson, seconded by Bakken and motion carried unanimously to call for a
public hearing to consider the approval of the special assessment roll for 98 MI 1 on
September 7, 1999.
Regular Meeting of the City Council
August 2, 1999
Page 11
Call for Public Hearing -Alley Vacation - Valley Square 3rd Addition- 8/17/99
Jeannine Clancy introduced the agenda item.
MOVED by Micks, seconded by Johnson and motion carried unanimously to call for a
public hearing to consider an alley vacation for the Valley Square 3rd Addition for August
17, 1999.
Call for Public Hearing - Drainage and Utility Easement Vacation - Breck School -
8/17/99
Jeannine Clancy introduced the agenda item.
MOVED by Micks, seconded by Johnson and motion carried unanimously to call for a
public hearing to consider an alley vacation for the Valley Square 3rd Addition for August
17, 1999.
Announcements of Meetings
The next City Council Meeting is Monday, August 2, 1999.
National Night Out Celebrations will be held on August 3, 1999.
The next Council/Manager meeting will be held on August 10, 1999 at 5:30 p.m. The next
Housing and Redevelopment Authority meeting will be held on August 10, 1999 at 7:00
p.m.
At the Council/Manager Meeting for September 14, 1999 the Council will discuss the
remaining issues regarding the League of Women Voters suggestions for citizen
participation.
Mayor and Council Communications
Mayor Anderson distributed information regarding the State of Minnesota, Board of
Government Innovation and Cooperation regional forums and staff will notify the Council of
the meeting date.
Establishing a Housing Task Force
Mayor Anderson introduced the agenda item.
Regular Meeting of the City Council
August 2, 1999
Page 12
Establishing a Housing Task Force - Continued
Member Micks introduced the following resolution and moved its adoption:
RESOLUTION 99-69
RESOLUTION ESTABLISHING A HOUSING TASK FORCE AS
AN ADVISORY BOARD TO THE GOLDEN VALLEY CITY COUNCIL
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.
Human Services Foundation Membership Amendments
Mayor Anderson introduced the agenda item.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-70
RESOLUTION AMENDING RESOLUTION 91-102, 92-42 AND 94-22
REGARDING THE GOLDEN VALLEY HUMAN SERVICES FOUNDATION
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.
Report on Sensible Land Use Coalition Seminar on Citizen Participation
Mayor Anderson and Council Member Johnson updated the Council on the seminar they
attended.
Human Services Foundation Classic Golf Tournament.
Council Member Johnson stated the Human Services Foundation Golf Classic will be held
on September 25, 1999, beginning at 9:00 a.m., at the Brookview Golf Course and
encouraged golfers and non-golfers to participate.
Regular Meeting of the City Council
August 2, 1999
Page 13
Adjournment
The Mayor adjourned the meeting at 8:42 p.m.
7i' d g Almon/
Mary E. y erson, Mayor
ATTEST:
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