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01-20-04 CC MinutesRegular Meeting of the City Council January 20, 2004 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 January 20, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, Shaffer and Tremere, Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Envision Update Mayor Loomis stated the Youth Subcommittee will make a presentation at the February 3, 2004 City Council meeting. The Envision Steering Committee will meet on January 22, 2004 at 7:00 p.m. The Envision Format Subcommittee will meet on January 20, 2004 at 7:00 p.m. The Envision Communications Subcommittee will meet on January 27, 2004 at 4:30 p.m. The Envision Youth Subcommittee will meet on February 2, 2004 at 5:30 p.m. The Envision Summit is scheduled for February 23, 2004 at 7:00 p.m. at the Golden Valley Country Club and everyone is invited to attend. Promotional advertisements and mailers will be sent in a couple weeks with additional information about the event. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of January 20, 2004 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Stephen Saunders, Westview Liquor Store, 2500 Mendelssohn Avenue North, stated that when construction of the sound barrier began along Highway 169; he contacted MnDOT to make sure the barrier would not effect his signage and he was told it would not; now he believes the additional height of the barrier has blocked the view of his sign for people going north on 169; he went out and took pictures which showed the signs and how the sound wall blocks their view; also stated they used to be able to see the awning on the back of the facility; stated he has talked to people at MnDOT, Governor's Office, State Senators and Representatives but they have told him it is an issue with City. Thomas Burt and Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council January 20, 2004 Page 2 Citizen Input - Continued The Council stated there are no variances from the height restrictions in the City Code; and that his issue is between him, as a business owner, and State and that it is not a local issue. Council Member Freiberg suggested that if Mr. Saunders could show a severe financial impact and that other businesses are affected, then the Council should consider amending the sign ordinance to help out the businesses that are affected by the sound walls. The Mayor continued the meeting. Approval of Consent Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the items on the consent agenda, except removal of Approval of Minutes - City Council Meeting - January 6, 2004 and Council/Manager Meeting - January 13, 2004; Minutes of Boards and Commissions - Envision Steering Committee - November 20, and December 18, 2003 and Human Rights Commission - November 13 and December 11, 2003; We Care About Kids Month Proclamation - February 2004; Approval of Donation/Gift Policy and Receipt of Donation from General Mills, Inc. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes: City Council Meeting - January 6, 2004 and Council/Manager Meeting - January 13, 2004 MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of January 6, 2004 as amended: Adjournment, change to The Mayor adjourned the meeting at 7:28 p.m.; and the Council/Manager Meeting of January 13, 2004 as amended: under Present, remove Johnson. *Bills and Claims MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize payment of the bills as submitted. Regular Meeting of the City Council January 20, 2004 Page 3 *Gambling License Exemption and Waiver of Notice Requirement - Minnesota Gambling Waterfowl 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 Minnesota Gambling Waterfowl Association. *Gambling Licenses Exemption and Waiver of Notice Requirement - Golden Valley Rotary Club MOVED by Grayson, seconded by Freiberg and motion carried to receive and file the gambling license exemption and approve the waiver of notice requirement for the Golden Valley Rotary Club. Council Member Shaffer removed himself from voting on the issue due to a potential conflict of interest. *Gambling License Exemption and Waiver of Notice Requirement - Church of the Good Shepherd 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 Church of the Good Shepherd. *Minutes of Boards and Commissions MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - December 8 and 22, 2003 Human Services Foundation - November 10, 2003 Bassett Creek Water Management Commission - December 18, 2003 Minutes of Boards and Commission - Envision Steering Committee - November 20 and December 18, 2003 Council Member Tremere suggested the Committees focus on the Summit event and after the information is distributed to the Council it is up to them to determine how to proceed in the future. MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the minutes of the Envision Steering Committee minutes for November 20 and December 18, 2003. Regular Meeting of the City Council January 20, 2004 Page 4 Minutes of Boards and Commissions - Human Rights Commission - November 13 and December 11, 2003 Council Member Grayson noted that there are a number of members who are absent from the meetings and suggested the Council review the attendance charts prior to making reappointments as there are other people who are interested in being appointed. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the minutes of the Human Rights Commission meeting for November 13 and December 11, 2003. We Care About Kids Month Proclamation - February 2004 Mayor Loomis read the proclamation MOVED by Loomis, seconded by Grayson and motion carried unanimously to proclaim February 2004 as We Care About Kids Month. Approval of Donation/Gift Policy Council Member Tremere requested this item be considered at the February 10, 2004 Council/Manager meeting for further discussion. Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to bring this item back for discussion at the February 10, 2004 Council/Manager meeting. The Council wanted a copy of the donation/gift policy outlined in the personnel handbook. Receipt of Donation from General Mills, Inc. Council Member Tremere requested the Human Rights Commission submit a budget for the event to the Council prior to disbursing any funds. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to accept the monetary grant of $5,000 from General Mills, Inc. to support the 2004 Families Sharing the Dream event but that no disbursement of funds be permitted until the Human Rights Commission submits a budget for the event. Public Hearing - Preliminary Plat Approval - 200, 220, 300 and 310 Turners Crossroad South Gary Gandrud, reviewed the plan and answered questions from the Council. Kevin McAleese, Planning Commissioner, presented the Commission report. Regular Meeting of the City Council January 20, 2004 Page 5 Public Hearing - Preliminary Plat Approval - 200, 220, 300 and 310 Turners Crossroad South - Continued Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Thomas Burt 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 Tremere, seconded by Grayson and motion carried unanimously to approve the preliminary plat for 200, 220, 300 and 310 Turners Crossroad South, subject to the following conditions: 1. The final plat of Oak Park Acres will be consistent with the preliminary plat of Oak Park Acres prepared by Enviroscience and dated October 13, 2003. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated December 3, 2003 shall become a part of this approval. 3. The comments in the memo from Deputy Fire Marshal, to Mark Grimes, Director of Planning and Development, dated December 1, 2003 shall become a part of this approval. 4. A park dedication fee shall be paid prior to approval of the final plat by the City Council. The amount of the park dedication shall be determined prior to final plat approval. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to add the following condition: 5. The existing structures will be removed or demolished before the final plat is released. MOVED by Tremere, seconded by Freiberg and motion carried unanimously that the inconsistency between the comprehensive plan and the zoning classification shall be resolved by the City prior to release of the final plat. Public Hearing - TH 55/Boone Avenue North Floodplain and Wetland Mitigation Project - Issuing Findings of Fact on Environmental Assessment Worksheet and Ordering Construction and Authorizing Advertising for Bids Jeannine Clancy introduced the agenda item and answered questions from the Council. Jupe Hale, Andrea Moffett, and Tony Heppelmann; WSB & Associates, Inc. reviewed the agenda item and answered questions from the Council. Regular Meeting of the City Council January 20, 2004 Page 6 Public Hearing - TH 55/Boone Avenue North Floodplain and Wetland Mitigation Project - Issuing Findings of Fact on Environmental Assessment Worksheet and Ordering Construction and Authorizing Advertising for Bids - Continued 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 Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-3 RESOLUTION ADOPTING FINDINGS OF FACT AND ISSUING A NEGATIVE DECLARATION OF NEED FOR ADDITIONAL STUDY FOR THE TH 55/1300NE AVENUE NORTH FLOODPLAIN AND WETLAND MITIGATION PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET 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, Shaffer and Tremere; 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 Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-4 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 02-5 TH 55/1300NE AVENUE NORTH/GENERAL MILLS BOULEVARD The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; 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. Authorizing Use of Hennepin County Funds for Metropolitan Council Family Affordable Housing Program Thomas Burt introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council January 20, 2004 Page 7 Authorizing Use of Hennepin County Funds for Metropolitan Council Family Affordable Housing Program -Continued Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-5 RESOLUTION AUTHORIZING USE OF HENNEPIN COUNTY FUNDS FOR METROPOLITAN COUNCIL FAMILY AFFORDABLE HOUSING PROGRAM IN GOLDEN VALLEY 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 and Shaffer and the following abstained: Tremere; 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. Authorizing Issuance, Awarding Sale, Prescribing the Form and Detail and Providing for Payment of $1,260,000 General Obliqation Tax Increment Refunding Bonds, Series 2004A Dave MacGillivray, Springsted Inc. reviewed the agenda item and answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-6 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,260,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004A The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; 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. Council Assignments: League of Minnesota Cities; Association of Metropolitan Municipalities and Council Commission Subcommittees; Council Representatives Mayor Loomis introduced the agenda item. Regular Meeting of the City Council January 20, 2004 Page 8 Council Assignments: League of Minnesota Cities; Association of Metropolitan Municipalities and Council Commission Subcommittees; Council Representatives - Continued MOVED by Grayson, seconded by Tremere and motion carried unanimously to make the following appointments: Legislative Liaison and Spokesperson League of Minnesota Cities Association of Metropolitan Municipalities (2 Council Members) Planning Commission Subcommittee Human Rights Commission Subcommittee Open Space and Recreation Commission Subcommittee Environmental Commission Subcommittee Civil Service Commission Subcommittee Board of Zoning Appeals School District 281(Robbinsdale) School District 270 (Hopkins) (1 Council Member) Human Services Foundation Northwest Suburbs Cable Communications Commission Northwest Hennepin Human Services Council Executive Board Building Board of Review Subcommittee Loomis Grayson, Delegate Tremere, Alternate Freiberg, Delegate Tremere, Alternate Shaffer, Tremere Loomis, Freiberg Freiberg, Grayson Loomis, Tremere Grayson, Freiberg Shaffer, Loomis Grayson, Loomis Loomis, Freiberg Freiberg Tremere Grayson Shaffer Staff was requested to contact Joan Russell to see if she is still interested in serving on the Northwest Cable Commission. Council Member Tremere stated that he is willing to be appointed as the City's representative on the Golden Valley Historical Society if they wish to appoint someone from the City Council on their Board of Directors. Staff was requested to bring back the appointment for the Northwest Community TV Board for Council action. Regular Meeting of the City Council January 20, 2004 Page 9 Set Date for Board of Review Mayor Loomis introduced the agenda item. MOVED by Tremere, seconded by Grayson and motion carried unanimously to set Wednesday, April 28, 2004 at 7:00 p.m. as the date and time for the Board of Review. Reset Meeting Dates Mayor Loomis introduced the agenda item and answered questions from the Council. MOVED by Grayson, seconded by Tremere and motion carried unanimously to reset the following City Council Meeting date: March 1 to Wednesday, March 3, 2004; and the following Council/Manager meeting date: September 15 to Monday, September 13, 2004. Announcements of Meetings There will be a Legislative Breakfast on January 24, 2004 at the Crystal City Hall at 9:30 a. m. A North West Metro Study Workshop will be held on January 29, 2004 at 7:00 p.m. at the Robbinsdale Public Safety Building, 4101 Hubbard Avenue North. The next City Council meeting will be held on February 3, 2004 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on February 10, 2004 2003 at 7:00 p.m. The next Council/Manager meeting will be held on February 10, 2004 at 7:30 p.m. A City Council meeting will be held on February 17, 2004 at 6:30 p.m. Precinct Caucuses will be held on March 2, 2004. A City Council meeting will be held on Wednesday, March 3, 2004 at 6:30 p.m. A Housing and Redevelopment Authority meeting will be held on March 9, 2004 at 7:00 p.m. A Council/Manager meeting will be held on March 9, 2004 at 7:30 p.m. Staff was requested to email the SunPost the upcoming meeting schedules for publication in their Community Calendar. Regular Meeting of the City Council January 20, 2004 Page 10 Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 8:40 p.m. rel Linda R. Loomis,Mayor ATTEST: (: JJ&qw& J v Nally, ministrative ssistant