02-15-05 CC MinutesRegular Meeting
of the
City Council
February 15, 2005
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 February 15, 2005 at 6:30 p.m.
The following members were present: Freiberg, Grayson, Loomis, Pentel and Shaffer.
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Northwest Hennepin Human Services Council Presentation
Susan Blood, Executive Director, reviewed their programs and services and answered
questions from the Council.
Approval of Agenda
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the agenda of February 15 , 2005 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the agenda of February 15, 2005 as amended: Removal of Minutes - Special Joint
Meeting of the City Council and Boards and Commissions - January 25, 2005; City Council
Meetings - January 18 and February 1, 2005 and Council/Manager Meeting - February 8,
2005; Minutes of Boards and Commissions - Human Rights Commission - January 13,
2005; Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Design
Services for 2006 Pavement Management Program and Sweeney Lake Drainage Study;
Authorization to Distribute Human Services Foundation 2004 Annual Report with CityNews
and Support for Adoption of Electronic Waste Recycling Legislation.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes: Special Joint Meeting of the City Council and Boards and
Commissions - January 25, 2005; City Council Meetings - January 18 and February 1,
2005 and Council/Manager Meeting - February 8, 2005
Council Member Freiberg requested amending the minutes to the Council/Manager
meeting of February 8, 2005 regarding the Human Rights Commission options.
Regular Meeting of the City Council
February 15, 2005
Page 2
Approval of Minutes: Special Joint Meeting of the City Council and Boards and
Commissions - January 25, 2005; City Council Meetings - January 18 and February 1,
2005 and Council/Manager Meeting - February 8, 2005 - Continued
MOVED by Freiberg to amend the minutes of the Council/Manager Meeting of February 8,
2005. Motion died due to a lack of a second.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
minutes of the Special Joint Meeting of the City Council and Boards and Commissions -
January 25, 2005 and City Council Meetings - January 18 and February 1, 2005 as
submitted.
Staff was directed to review the tape of the Council/Manager meeting regarding the Human
Rights Commission Options to better reflect the duties of the Human Rights Commission
and bring them back to the Council for approval.
*Bills and Claims
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize
the payment of the City bills as submitted.
*Gambling License Exemption and Waiver of Notice Requirement - Pancreatic
Cancer Action Network
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
Pancreatic Cancer Action Network.
*Gambling License Exemption and Waiver of Notice Requirement - International
School of Minnesota Parent Association
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
International School of Minnesota Parent Association.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Human Services Foundation - January 10, 2005
Bassett Creek Water Management Commission - January 20, 2005
Open Space and Recreation Commission - January 25, 2005
Regular Meeting of the City Council
February 15, 2005
Page 3
Minutes of Boards and Commissions - Human Rights Commission - January 13,
2005
Council Member Pentel asked about the Council's response to the questions raised by the
Human Rights Commission (HRC).
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the Human Rights Commission minutes dated January 13, 2005.
The Council will discuss the response to the Human Rights Commission at the March 8,
2005 Council/Manager meeting and the liaisons to the HRC will attend their March 10,
2005 meeting.
*Petition from Chester Bird American Legion Regarding Smoke Free Environmental
Ordinance
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the petition from Chester Bird American Legion Regarding the Smoke Free
Environmental Ordinance.
*Quotes - Pickup Trucks
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to purchase
one Ford F-150 extended cab pickup and one Ford F-250 regular cab pickup through the
MnDOT contract from Rochester Ford in the amount of $34,332.36.
*Quotes - Cab and Chassis Truck
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to purchase
one new 2005 Sterling L7501 Cab Chassis Truck through the MnDOT contract from Boyer
Trucks, Inc. in the amount of $57,453.00.
Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Design
Services for 2006 Pavement Management Program and Sweeney Lake Drainage
Study
Council Member Pentel had questions about the agreement and suggested residents
located on the west side of Sweeney Lake be included in the public participation process.
Jeannine Clancy answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize
entering into an agreement for professional engineering services with Short Elliott
Hendrickson Inc. (SEH) for an amount not to exceed $161,300.00.
Regular Meeting of the City Council
February 15, 2005
Page 4
*Adoption of Health Information Portability and Accountability Act of 1996 Privacy
Policies and Procedures, Appointing a Privacy Official and Assigning Duties
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-9
RESOLUTION ADOPTING HEALTH INFORMATION PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA) PRIVACY POLICIES AND PROCEDURES,
APPOINTING A PRIVACY OFFICIAL AND ASSIGNING DUTIES
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
*Support for Funding Request by Five Cities Senior Transportation Project from 2005
Consolidated Pool - Urban Hennepin County Community Development Block Grant
Program
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-10
RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR
TRANSPORTATION PROJECT FROM 2005 CONSOLIDATED POOL - URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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 Distribute Human Services Foundation 2004 Annual Report with
Ci News
Council Member Freiberg stated the Foundation approved the Annual Report at its
meeting. Joanie Clausen, Human Services Foundation member, reviewed the report and
answered questions from the Council. Sue Virnig, Assistant Finance Director, reviewed the
report and answered questions from the Council.
MOVED by Freiberg, seconded by Grayson and motion carried unanimously to receive and
file the 2004 Annual Report and authorize the distribution of said report with the March/April
issue of the City News.
Regular Meeting of the City Council
February 15, 2005
Page 5
Support for Adoption of Electronic Waste Recycling Legislation
The Council expressed their support for the legislation. Jeannine Clancy answered
questions from the Council.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 05-11
RESOLUTION SUPPORTING THE ADOPTION OF
ELECTRONIC WASTE RECYCLING LEGISLATION
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Public Hearing - Ordinance #321 - Conditional Use Permit 05-110 - 730 Florida
Avenue South
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 321, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 05-110
730 Florida Avenue South
People Responding in Social Ministry (PRISM), Applicant
George Walker, PRISM Board Chairman; Liz Johnson, Executive Director; and Pat Rowan
Transportation Manager, reviewed the plans for the site and answered questions from the
Council.
Les Eck, Planning Commissioner, presented the Commission report.
Mark Grimes, Director of Planning and Development, presented the staff report 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.
Mary Ann Beneke, 2412 Parkview Boulevard, stated she volunteers at PRISM and feels
the change in location will be a better site.
The Mayor closed the public hearing.
Regular Meeting of the City Council
February 15, 2005
Page 6
Public Hearing - Ordinance #321 - Conditional Use Permit 05-110 - 730 Florida
Avenue South - Continued
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #321, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Public Hearing - 2004 National Pollution and Discharge Elimination System (NPDES)
Phase II, Storm Water Pollution Prevention Plan (SWPPP), Annual Report to
Minnesota Pollution Control Agency
Al Lundstrom, Environmental Coordinator, 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 05-12
RESOLUTION ISSUING A NEGATIVE DECLARATION
OF NEED FOR REVISIONS TO THE
STORM WATER POLLUTION PREVENTION PLAN
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: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Public Hearing - Vacation of Recoded Sanitary Sewer Easement - PUD #97 - Sunrise
of Golden Valley
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.
Regular Meeting of the City Council
February 15, 2005
Page 7
Public Hearing - Vacation of Recoded Sanitary Sewer Easement - PUD #97 - Sunrise
of Golden Valley - Continued
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-13
RESOLUTION VACATING A RECORDED SANITARY SEWER EASEMENT
FOR SUNRISE OF GOLDEN VALLEY PUD NO. 97
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Transfer Board of Equalization Authority to Hennepin County
Thomas Burt introduced the agenda item and answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 05-14
RESOLUTION AUTHORIZING THE TRANSFER OF
BOARD OF EQUALIZATION DUTIES TO HENNEPIN COUNTY
FOR A THREE-YEAR PERIOD COMMENCING IN 2006
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: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Approval of City Hall Front Plaza Plan
Al Lundstrom, Environmental Coordinator, introduced the agenda item and answered
questions from the Council. Jeannine Clancy and Thomas Burt answered questions from
the Council.
MOVED by Pentel, seconded by Shaffer and motion carried to direct staff to proceed with
implementation of the plaza plan. Council Member Freiberg voted no.
Regular Meeting of the City Council
February 15, 2005
Page 8
Authorization to Submit Application for Hennepin County Community Development
Block Grant Program Consolidation Pool Funding for Affordable Housing Project
Thomas Burt introduced the agenda item and answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 05-15
RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION
FOR USE OF HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONSOLIDATED POOL FUNDING
AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
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: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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 Public Hearings - 03-14 - Residential Flood Proofing Project and Special
Assessments - 3/15/05
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 05-16
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
CITY IMPROVEMENT PROJECT 03-14
RESIDENTIAL FLOOD PROOFING
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: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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
February 15, 2005
Page 9
Call for Public Hearings - 03-14 - Residential Flood Proofing Proiect and Special
Assessments - 3/15/05
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 05-17
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
PROPOSED ASSESSMENTS FOR PUBLIC IMPROVEMENTS
CITY IMPROVEMENT PROJECT 03-14
RESIDENTIAL FLOOD PROOFING
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: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Supporting Replacement of the Canadian Pacific Railroad Bridge at Golden Valley
Road and Requesting Placement of the Project on the Governor's 2005 Capital
Budget - Local Bridge Replacement Grants
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-18
RESOLUTION SUPPORTING REPLACEMENT
OF THE CANADIAN PACIFIC RAILROAD BRIDGE NO. 90606
AT GOLDEN VALLEY ROAD (MSAS ROUTE #411) AND
REQUESTING PLACEMENT OF THE PROJECT ON THE
GOVERNOR'S 2005 CAPITAL BUDGET - LOCAL BRIDGE REPLACEMENT GRANTS
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel and Shaffer; 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.
Announcements of Meetings
The State of the City will be held on February 17, 2005 at 7:30 a.m.
The next Bassett Creek Water Management Commission will be held on February 17,
2005 at noon.
Regular Meeting of the City Council
February 15, 2005
Page 10
Announcements of Meetings - Continued
The Council will conduct interviews for the boards and commission vacancies on February
24 and 28, 2005 beginning at 5:30 p.m.
The next City Council meeting will be held on March 1, 2005 at 6:30 p.m.
The next Council/Manager meeting will be held March 8, 2005 at 8:00 p.m. so that some
members of the Council can attend the Caring Youth Awards prior to the meeting.
A City Council meeting will be held on March 15, 2005 at 6:30 p.m.
The Human Services Foundation Run the Valley will be held on April 16, 2005 at 8:30 a.m.
at Meadowbrook Elementary School.
Some Council Members may participate in the Habitat for Humanity project on February
19, 2005.
A Legislative Breakfast will be held on March 19, 2005 at Crystal City Hall at 9:00 a.m.
Mayor and Council Communications
Staff will be rescheduling the date for the Council to tour the Allianz building.
Adiournment
The Mayor adjourned the meeting at 8:35 p.m.
014 -ANION
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