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03-16-04 CC MeetingRegular Meeting of the City Council March 16, 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 March 16, 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. Caring Youth Recognition Mayor Linda Loomis and Jan Callison, Council Member, City of Minnetonka, recognized the youth who have received the 2004 Caring Youth Recognition Awards for giving outstanding service to others. Mayor Loomis and Council Member Callison read a statement about each of the youth which outlined the service they provided. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of March 16, 2004 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Thomas Burt answered questions from the Council. Ashwin Patel, 7930 Golden Valley Road, Unit 5, stated he has had a noise issue ever since he moved into his townhome; stated that two to three times a week the garbage hauler picks up garbage in the shopping center across the street anytime from 9:00 p.m. to 6:00 a.m.; stated that there is also a company that cleans the parking lots late at night with an industrial strength vacuum; he distributed copies of ordinances and articles he collected; suggested the Council adopts a new ordinance that restricts the times when those activities can take place. The Mayor continued the meeting. Staff was requested to place the item on a future Council/Manager agenda. Regular Meeting of the City Council March 16, 2004 Page 2 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 General Business Licenses; Solicitor's Licenses - AI's Seasonal Services, Clean Water Action Alliance of Minnesota and Chester Bird American Legion Auxiliary - Minutes of Boards and Commission - Human Rights Commission - February 12, 2004 and Receipt of Final 2003 General Fund Budget Report and Fund Balance Analysis Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meeting - February 17, 2004 and Council/Manager Meeting - March 9, 2004 MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the City Council meeting minutes of February 17, 2004 and the Council/Manger meeting minutes of March 9, 2004 as submitted. *Bills and Claims MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. General Business Licenses Council Member Tremere asked about the status of the Metropole Food Establishment License. Thomas Burt answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize payment of the bills as submitted. Solicitor's License - AI's Seasonal Services; Clean Water Action Alliance of Minnesota and Chester Bird American Legion Auxiliary Council Member Grayson had questions about the process for obtaining a solicitor's license. Allen Barnard answered questions from the Council. MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for AI's Seasonal Services, Clean Water Action Alliance of Minnesota and Chester Bird American Legion Auxiliary. Regular Meeting of the City Council March 16, 2004 Page 3 *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - January 26, 2004 Planning Commission - February 9, 2004 Joint Water Commission - February 4, 2004 Human Services Foundation - January 12 and February 9, 2004 Bassett Creek Water Management Commission - January 15 and February 19, 2004 Minutes of Boards and Commission - Human Rights Commission - February 12, 2004 Council Member Grayson stated there are residents who would like to be on a commission and the council should review the attendance of their members. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the Human Rights Commission minutes of February 12, 2004. Receipt of Final 2003 General Fund Budget Report and Fund Balance Analysis Council Member Tremere asked about the fate of the fund balance and wanted a brief explanation of what happens with the balance. Thomas Burt answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the final 2003 general fund budget report and fund balance analysis. *Approval of Plat - Pentel Addition Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-19 RESOLUTION FOR APPROVAL OF PLAT - PENTEL ADDITION 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. Regular Meeting of the City Council March 16, 2004 Page 4 Public Hearing - Preliminary Plat Approval - 6909 Medicine Lake Road Ronald and Victoria Rath, Applicants, reviewed the plat and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed the agenda item and answered questions from the Council. Jeannine Clancy and Allen Barnard answered questions from the Council. Rick Groger, 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. Steve Stolarek-Houston, 6839 Medicine Lake Road, stated that there is a natural water runoff where the garage and driveway are going to be placed which flows through the adjacent lots; stated he is concerned that about where that water will go after construction; stated he doesn't want a swamp in his backyard. Tom Parker, 6809 Medicine Lake Road, wanted to make sure that when the garage is moved and the new driveway is paved that both projects are completed. Elaine Stolarek-Houston, 6839 Medicine Lake Road, wanted to know when the issue of the house being used for more than a single family home will be addressed; wanted to know if they will be able to find out the status of the people living in the basement; stated that a mini bus comes to pick up the child who lives in the basement and that the owners' children walk to the school bus. The Mayor closed the public hearing. MOVED by Tremere, seconded by Shaffer and motion carried unanimously to approve the preliminary plat for 6909 Medicine Lake Road, subject to the following conditions: 1. The final plat of the Rath White Addition will be consistent with the preliminary plat submitted with the subdivision application. The preliminary plat is dated October 29, 1992 and prepared by Lot Surveys Company, Inc. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning, and dated February 24, 2004, shall become a part of this approval. This includes the granting of easements to the City and Hennepin County. 3. A park dedication fee shall be paid in the amount of $1,000 prior to the final plat approval by the City Council. 4. The garage on proposed Lot 1 shall be removed prior to approval of the final plat by the City Council. 5. Any new driveways shall be paved. Regular Meeting of the City Council March 16, 2004 Page 5 Public Hearing - Preliminary Plat Approval - 6909 Medicine Lake Road - Continued 6. Each property has to meet the requirements of the Subdivision Code, particularly with respect to single family occupancy. Approval of Donation/Gift Policy Sue Virnig, Assistant Finance Director, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption, as amended: add on the last page - This policy will be reviewed annually by the City Council. RESOLUTION 04-20 RESOLUTION RESCINDING RESOLUTION #86 AND ADOPTION OF AMENDED DONATION/GIFT POLICY 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. Authorization to Sign Agreement with Xcel Energy for TH 55/General Mills Boulevard/Boone Avenue North Project Jeannine Clancy introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried to authorize the City Manager to sign the agreement with Xcel Energy for the TH 55/Boone Avenue North and General Mills Project. Mayor Loomis abstained. Request to Amend Single Family Zoning District (R-1) Chapter of the Zoning Code Related to Home Occupations 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 Council discussed the request and concurred with the staff recommendation not to amend the R-1 Zoning District Section of Zoning Code to allow the sale or repair of firearms as a permitted home occupation. Regular Meeting of the City Council March 16, 2004 Page 6 Approval of Human Services Foundation Logo Sue Virnig, Assistant Finance Director, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the logo for use by the Human Services Foundation, with the understanding that when it is used in printed material, it must be paired with identification of the City of Golden Valley. Support for Legislation for a Statewide Ban on Smoking in Public Places Mayor Loomis introduced the agenda item. Paul Pentel, 941 Angelo Drive, feels this is good and well reasoned legislation; feels it is a matter of health and it protects people in the workplace who cannot just quit their jobs because of the secondhand smoke; stated there are a number of cities, counties, states and countries that have smoking bans; stated that data suggests that some businesses do better when smoking is banned. Lu Rockman, 130 Jersey Avenue South, stated there is technology available now that will clean the air in bars and restaurants and feels in the future there will be more options. Member Shaffer introduced the following resolution and moved its adoption, as amended: RESOLUTION 04-21 RESOLUTION SUPPORTING LEGISLATION FOR A STATEWIDE BAN ON SMOKING IN PUBLIC PLACES 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, Loomis, Shaffer and Tremere; and the following voted against the same: Grayson, 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 next Bassett Creek Water Management Commission will meet on March 18, 2004 at noon. The next City Council meeting will be held on Wednesday, April 7, 2004 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on Wednesday, April 14, 2004 at 6:30 p.m. Regular Meeting of the City Council March 16, 2004 Page 7 Announcements of Meetings - Continued The next Council/Manager meeting will be held on Wednesday, April 14, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority meeting. The Bassett Creek Water Management Commission will meet on April 15, 2004 at noon. The Human Services Foundation Fun Run//Walk will be held on April 17, 2004 at 8:30 a.m. at Meadowbrook Elementary School. The next City Council meeting will be held on April 20, 2004 at 6:30 p.m. The Joint Water Commission Water Fair will be held on March 23, 2004 from 6:00 p.m. to 8:00 p.m. at the Sandburg Middle School. The 1-394 Express Lanes Community Task Force will meet on March 18, 2004 at the Double Tree Hotel in St. Louis Park at 7:00 p.m. Mayor and Council Communications Mayor Loomis and staff will meet with Hennepin County on March 17, 2004 to discuss police dispatch services. Adjournment The Mayor adjourned the meeting at 8:32 p.m. Linda R. Loomis, Mayor ATTEST: 'qn 6L& I J Nally dministrative Asistant