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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 1� ATTEST: