05-04-04 CC MinutesRegular Meeting
of the
City Council
May 4, 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 May 4, 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.
Northwest Hennepin Human Services Council Presentation
Jennifer Kearin, Northwest Hennepin Human Services Council, reviewed the programs and
services they provide and answered questions from the Council.
Approval of Agenda
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the agenda of May 4, 2004 as amended: Addition of Consent Agenda - Approval of Check
Register - Historical Society Contribution; Addition to New Business - Golden Valley Days;
Appointment to Planning Commission and City Code and Board of Zoning Appeals.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
items on the consent agenda, except removal of City Council Meeting minutes - April 7,
2004.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes - City Council Meeting - April 7, 2004
Council Member Freiberg wanted a sentence added to the minutes under Public Item -
Appeal of Board of Zoning Appeals Decision - 2405 Vale Crest Road.
MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve
the City Council meeting minutes of April 7, 2004 as amended: Council Member Freiberg
thinks, at times, the City is unnecessarily hard on homeowners requesting variances and in
particular, that third stall car garages should not automatically preclude a variance.
Regular Meeting of the City Council
May 4, 2004
Page 2
*Bills and Claims
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*Historical Society Contribution
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
special check register for the Golden Valley Historical Society.
The Council will invite the Historical Society to a future Council/Manager meeting to
discuss a partnership.
*General Business Licenses
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize
payment of the bills as submitted.
*Solicitor's License - Golden Valley VFW
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Golden Valley VFW.
*Temporary On -Sale Liquor License - Church of the Good Shepherd
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
application and permit for a Temporary On -Sale Liquor License for June 5, 2004 at the
Church of the Good Shepherd.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the minutes received as follows:
Envision Steering Committee - February 5 and 19, 2004
Joint Water Commission - March 18, 2004
Board of Zoning Appeals - March 23, 2004
Environmental Commission - March 22, 2004
Planning Commission - April 12, 2004
Regular Meeting of the City Council
May 4, 2004
Page 3
*Bids - Miscellaneous Concrete Repair
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the
bid for miscellaneous concrete repair to the lowest responsible bidder, Ron Kassa
Construction, Inc. for $56,315.00. The bids are as follows:
Ron Kassa Construction, Inc. $56,315.00
BCG Construction 60,513.15
Ti -Zack Concrete, Inc. 76,950.00
*Bids - Street Markings and Striping
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the
bids for 2004 street marking and striping to the lowest responsible bidder, Traffic Marking
Services for $52,929.00. The bids are as follows:
Traffic Marking Service $52,929.00
AAA Striping 55,436.44
United Rentals Highways Technology 68,204.60
*Letter from Rick Groger Regarding Resignation from Planning Commission
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Rick Groger, dated April 28, 2004, regarding resignation from the
Planning Commission; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
*Receipt of March 2004 General Fund Budget Report
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the March 2004 general fund budget report
*Authorizing Amended Application for Conveyance of Tax Forfeited Land for Public
Use - Hennepin County Sheriff's Site
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-29
RESOLUTION AUTHORIZING AMENDED APPLICATION
FOR CONVEYANCE OF TAX FORFEITED LAND
(PORTION OF FORMER HENNEPIN COUNTY SHERIFF'S PISTOL RANGE SITE
GOLDEN RIDGE P.U.D. NO. 98)
Regular Meeting of the City Council
May 4, 2004
Page 4
*Authorizing Amended Application for Conveyance of Tax Forfeited Land for Public
Use - Hennepin County Sheriff's Site - Continued
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.
Continued Public Hearing - 02-5 - TH 55/General Mills Boulevard/Boone Avenue
North Flood Control Project
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Jupe Hale and Pete Willenbring, WSB Associates, Inc. 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.
Dan Davey, 745 Boone Avenue North, stated he owns 745-747 Boone Avenue North and
requested the public hearing be kept open because he doesn't know how he stands on the
project.
The Mayor closed the public hearing.
MOVED by Freiberg, seconded by Grayson and motion carried unanimously to continue
the public hearing for consideration of the flood control project until May 18, 2004.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to receive and
file the letter from Duane Peterson, Peterson, Beyenhof & Zahler, LTD., dated May 3, 2004
regarding the special assessments for 750 Boone Avenue North.
Public Hearing - General Plan Approval - PUD #79 - Amendment #2 - Room and
Board
Thomas Burt introduced the agenda item and requested the Council continue the public
hearing until May 18, 2004. Mark Grimes, Director of Planning and Development
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
May 4, 2004
Page 5
Public Hearing - General Plan Approval - PUD #79 - Amendment #2 - Room and
Board - Continued
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to continue
the public hearing until May 18, 2004 for consideration of the general plan approval for
Amendment #2, Room and Board.
Public Hearing - Rezoning to High Density Zoning District - 4950 Olson Memorial
Highway; Public Hearing - General Land Use Plan Map Amendment - 4950 Olson
Memorial Highway and Continued Public Hearing - General Plan Approval - PUD #97 -
Sunrise of Golden Valley
Thomas Burt introduced the agenda item and requested the Council continue the public
hearings until May 18, 2004.
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 continue
the public hearing until May 18, 2004 for consideration of rezoning to High Density Zoning
District and general land use plan map amendment for 4950 Olson Memorial and general
plan approval for PUD #97, Sunrise of Golden Valley.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously that when the
agenda items are on the agenda they be considered in the following order: general land
use plan map amendment, rezoning to high density zoning district and general plan
approval, PUD #97, Sunrise of Golden Valley.
Ordinance #295 - Conditional Use Permit - 5621 Duluth Street
The following ordinance was MOVED by Grayson, seconded by Shaffer:
ORDINANCE NO. 295, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 04-106
5621 Duluth Street
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Glen Van Wormer, SEH and Jeannine Clancy
answered questions from the Council.
Regular Meeting of the City Council
May 4, 2004
Page 6
Ordinance #295 - Conditional Use Permit - 5621 Duluth Street - Continued
MOVED by Grayson, seconded by Shaffer and motion carried to approve Ordinance #295,
2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - NO GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES
Council Member Freiberg stated he felt the conditional use permit required a substantial
variance from the parking standards and that would adversely affect existing businesses.
First Consideration - Ordinance #296 - Amending Chapters 6 and 10, Garbage,
Refuse, Yard Waste, Woody Yard Waste, and Recyclables
The following ordinance was MOVED by Tremere, seconded by Freiberg:
ORDINANCE NO. 296, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapters 6 and 10
Garbage, Refuse, Yard Waste,
Woody Yard Waste, and Recyclables.
Adam Fulton, Intern, reviewed the ordinance and answered questions from the Council.
Thomas Burt, Jeannine Clancy and Allen Barnard answered questions from the Council.
The Council suggested changes to the numerous sections of the ordinance and staff will
prepare the amendments for second consideration of the ordinance.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve on
first consideration Ordinance #296, 2nd Series, as amended. Upon a roll call vote, the vote
was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES
Call for Public Hearing - Vacation of Platted Right -of -Way - Portion of Wheeler
Boulevard - 5/18/04
Jeannine Clancy reviewed the item and answered questions from the Council.
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 04-30
RESOLUTION ESTABLISHING A PUBLIC HEARING ON
MAY 18, 2004 TO CONSIDER VACATION OF PLATTED RIGHT-OF-WAY
OF A PORTION OF WHEELER BOULEVARD
Regular Meeting of the City Council
May 4, 2004
Page 7
Call for Public Hearing - Vacation of Platted Right -of -Way - Portion of Wheeler
Boulevard - 5/18/04 - Continued
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, 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.
Announcements of Meetings
A Reconvened Board of Review will be held on May 11, 2004 at 6:00 p.m.
The Human Rights Commission Essay Contest Celebration will be held on May 11, 2004 at
4:00 p.m.
The next Housing and Redevelopment Authority meeting will be held on May 11, 2004 at
6:30 p.m.
The next Council/Manager meeting will be held on May 11, 2004 at 6:30 p.m. or after the
Housing and Redevelopment Authority meeting.
A Bassett Creek Water Management Commission Administrative Options Subcommittee
meeting will be held on May 17, 2004 at 6:00 p.m.
The next City Council meeting will be held on May 18, 2004 at 6:30 p.m.
The next Bassett Creek Water Management Commission will meet on May 20, 2004 at
noon.
Golden Valley Days Celebration will be held on May 22, 2004.
The Board/Commission Recognition Dinner will be held on May 26, 2004 at 6:30 p.m.
The 1-394 Express Lanes Community Task Force will meet on May 27, 2004 at the Double
Tree Inn in St. Louis Park at 7:00 p.m.
The City Council meeting will be held on June 1, 2004 at 6:30 p.m.
Mayor and Council Communications
No action and/or discussion took place.
Regular Meeting of the City Council
May 4, 2004
Page 8
Golden Valley Days Celebration
Council Member Grayson invited the public to attend the first Golden Valley Days Art and
Music Festival which will be held on May 22, 2004 at the city hall campus starting at 10:00
a.m. The events include: artists showing and selling their works, various types of
entertainment, food stalls and games for kids.
Appointment to Planning Commission
Mayor Loomis introduced the agenda item.
MOVED by Shaffer, seconded by Tremere and motion carried unanimously to appoint
Gregg Hackett to the Planning Commission for a term to expire March 1, 2006.
City Code and Board of Zoning Appeals
Council Member Tremere suggested the Council discuss at a future Council/Manager
meeting amending the City Code to allow for an appeal of a Board of Zoning Appeals
action.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to request
staff to work with the City Attorney to prepare code language that would allow for the
Council, possibly through staff, to discuss and take action that result in the appeal of a
Board of Zoning Appeals action that may come to the attention of the Council or citizens;
and directed staff that the Board of Zoning Appeals minutes need to be more explicit as to
the grounds for the granting of variances.
Adjournment
The Mayor adjourned the meeting at 8:45 p.m.
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