07-20-04 CC MinutesRegular Meeting
of the
City Council
July 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 July 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.
Presentation of Awards to 2004 Photo Contest Winners
Cheryl Weiler, Communications Coordinator, thanked the Judges who were Rod Radtke,
Great Photos Fast; Jacque Larson, City of Minnetonka Communications Coordinator;
Sarah Larson, City employee.
Winners in attendance were presented with a Certificate of Appreciation and cash award.
The winners are: Enhanced First Place and Overall Grand Prize Winner, Richard
Gunderson, 216 Winnetka Avenue South; Natural Golden Valley First Place, Ellen G.
Anderson, 2201 Stroden Circle; Lifestyle First Place, Lowell Gordon, 1405 Florida Avenue
North; People's Choice, Janice Laulainen, 6040 Golden Valley Road.
The Council congratulated the winners and thanked the photographers who participated.
Approval of Agenda
MOVED by Grayson, seconded by Tremere and motion carried unanimously to approve
the agenda of July 20, 2004 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 Shaffer and motion carried unanimously to approve the
items on the consent agenda, except removal of: Approval of Minutes - City Council
Meeting - May 18, 2004 and Council/Manager Meeting - July 13, 2004; General Businesses
Licenses; Minutes of Boards and Commissions - Human Rights Commission - June 10,
2004 and Envision Steering Committee - June 21, 2004; Authorization to Sign Agreement
with WSB & Associates, Inc. for Easement Mapping and Set Special Council/Manager
Meeting Dates - 7/22/04 and 8/31/04.
Mayor Loomis read the items listed on the consent agenda.
Regular Meeting of the City Council
July 20, 2004
Page 2
Approval of Minutes - City Council Meeting - May 18, 2004 and Council/Manager
Meeting - July 13, 2004
Council Member Freiberg requested the minutes be submitted for approval in a timely
manner.
MOVED by Freiberg, seconded by Shaffer to approve the City Council meeting minutes for
May 18, 2004 and the Council/Manager meeting minutes of July 13, 2004 as submitted.
*Bills and Claims
MOVED by Grayson, seconded by Shaffer motion carried unanimously to authorize the
payment of the bills as submitted.
General Business Licenses
Mayor Loomis asked what grounds would the Council need for not approving a business
license. She stated that Jim Lupient Saturn has consistently violated their PUD permit by
displaying balloons and flags on their cars. Allen Barnard answered questions from the
Council.
MOVED by Loomis, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the minutes received as follows:
Bassett Creek Water Management Commission - June 17, 2004
Planning Commission - June 28, 2004
Minutes of Boards and Commissions - Human Rights Commission - June 10, 2004
Council Member Grayson stated there should be more communications between the
Council and the Human Rights Commission. He suggested bringing in a facilitator to hold
a brainstorming session. Thomas Burt answered questions from the Council.
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to request
staff to report back to the Council options on hiring a facilitator to lead a workshop between
the City Council and the Human Rights Commission (HRC) for review and amendments to
the HRC mission and by-laws.
Regular Meeting of the City Council
July 20, 2004
Page 3
Minutes of Boards and Commissions - Human Rights Commission - June 10, 2004 -
Continued
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the Human Rights Commission minutes for June 10, 2004.
Minutes of Boards and Commissions - Envision Steering Committee - June 21, 2004
Council Member Grayson asked questions about the status of the report. Thomas Burt
answered questions from the Council.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the Envision Steering Committee minutes for June 21, 2004.
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Grayson, seconded by Shaffer and motion carried to approve the requests for
beer and/or wine at Brookview Park as recommended by staff.
Authorization to Sign Agreement with WSB & Associates, Inc. for Easement Mapping-
Council
appingCouncil Member Tremere had questions about the phasing and bidding of the project.
MOVED by Loomis, seconded by Freiberg and motion carried unanimously to defer
discussion of the item until later in the meeting after the Council has discussed the Wirth
Lake Basin Improvement Feasibility Report.
The Council decided to wait to consider this item until after the bid opening for the TH
55/General Mills Boulevard/Boone Avenue North Intersection and Flood Proofing
Improvement Project.
MOVED by Grayson, seconded by Tremere and motion carried unanimously to table this
item until the August 2, 2004 City Council meeting.
*Receipt of June 2004 General Fund Budget Report
MOVED by Grayson, seconded by Shaffer and motion carried to receive and file the June
2004 general fund budget report.
Regular Meeting of the City Council
July 20, 2004
Page 4
Set Special Council/Manger Meeting Dates - 7/22/04 and 8/31/04
Council Member Freiberg wanted a clarification of the times of the meetings. Council
Member Grayson requested the date be changed for the Council/Manager meeting
scheduled for August 10, 2004 as he will be out of town. The Council will meet on August
10, 2004 but reschedule some of the topics to accommodate Council Member Grayson.
Thomas Burt answered questions from the Council.
MOVED by Grayson, seconded by Shaffer and motion carried to set the following Special
Council/Manager meeting dates: July 22, 2004 at 7:00 p.m. and August 31, 2004 at 6:30
p.m.
Public Hearing - Preliminary Plat Approval -15 Westwood Drive North
Randy Rowland, Applicant, reviewed the proposal and answered questions from the
Council.
Paula Pentel, presented the Commission 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve a
variance from Section 12.50 of Subd. 3 (A) of the Subdivision Code that requires that all
lots in a minor subdivision must meet all the requirements of the Zoning Code. In this case,
the existing house on Lot 10 is located only 25 feet from Westwood Drive North rather than
the required 35 feet.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve
preliminary plat for 15 Westwood Drive North, subject to the following conditions:
1. The City Attorney shall determine if a title review is necessary prior to approval of
the final plat.
2. Easements are shown on the final plat as required by the Subdivision Code.
3. The survey prepared by W. Brown Land Surveying, Inc. and dated May 21, 2004
shall become a part of this approval and the final plat shall be based on this survey.
4. There shall be no park dedication required because no additional housing units will
result due to the minor subdivision.
5. Comments from Hennepin County regarding this minor subdivision will be brought to
the City Council as part of their consideration of the minor subdivision.
Regular Meeting of the City Council
July 20, 2004
Page 5
Public Hearing - Ordinance #306 - Amendments to Chapter 11 - Floodplain
Management Zoning Overlav District and Approve Publication of Summary Ordinance
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 306, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendments to Chapter 11 Repealing Section 11.60, Entitled
"Flood Plain Management Zoning Overlay District" and Adopting a new
Section 11.60 Entitled "Floodplain Management Zoning Overlay District'
Jeff Oliver, City Engineer, introduced the agenda item and answered questions from the
Council. Allen Barnard answered questions from the Council.
Paula Pentel, presented the Commission 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve
Ordinance #306, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES
MOVED by Grayson, seconded by Tremere to approve publication of the summary
ordinance. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES
Storage of Recreational Vehicle and Boats and Driveway Requirement
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Allen Barnard and Paula Pente,l Planning
Commission, answered questions from the Council.
MOVED by Tremere, seconded by Grayson and motion carried unanimously to refer back
to the Planning Commission for an informal public hearing and recommendation regarding
the storage of recreation vehicles and boats and driveway requirements. The Planning
Commission should consider alternative language regarding the length of recreational
vehicles and the number of personal water craft or other off-road vehicles that may be
stored on one trailer.
Regular Meeting of the City Council
July 20, 2004
Page 6
City Council Member Vacancv: Declaration of Vacancy and Process for Filing
Vacancy
As per State Statutes, Council Member Tremere abstained from the discussion and voting
on the issue due to a conflict of interest.
Thomas Burt introduced the agenda item and answered questions from the Council. Allen
Barnard answered questions from the Council.
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 04-59
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
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.
The Council requested staff to research and prepare an ordinance for discussion at the
September 13, 2004 Council/Manager agenda regarding the process for appointing a City
Council Member. The Council set August 16, 2004 at 4:30 p.m. as the deadline for
applying for the Council Member vacancy. The Council requested staff prepare criteria for
selection of a Council Member for distribution at the Special Council/Manager meeting on
July 22, 2004.
Receipt of Wirth Lake Basin Improvement Feasibility Report
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Todd Hubmer, WSB & Associates reviewed the report and answered questions from the
Council. Thomas Burt answered questions from the Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the Feasibility Report for Wirth Lake Basin. Direct staff to place this item on a future
Council/Manager meeting for further discussion regarding the funding component of the
project.
Regular Meeting of the City Council
July 20, 2004
Page 7
First Consideration - Ordinance #307 - Amendments Regarding Garage Sale and
Real Estate Signs
The following ordinance was MOVED by Freiberg, seconded by Grayson:
ORDINANCE NO. 307, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment Regarding Provisions Relating to
Garage and Real Estate Sale Signs
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Thomas Burt and Allen Barnard 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.
Jack Lake, 6316 Phoenix Street, stated without garage sale signs he doesn't get as much
business; stated advertising in the newspaper doesn't get very many people coming to the
sale; stated people are mad about loosing their signs; and would like the Council to
reconsider the ordinance.
Jane Koehler, 2095 Kelly Drive, stated people were shocked about the removal of the
garage sale signs; stated she lives in a secluded area and no one would know there was a
garage sale without the signs and stated she is satisfied with the new changes to the
ordinance.
The Mayor closed the public hearing.
MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve
Ordinance #307, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES
Staff will prepare an informational brochure and put information on the web site and
newsletter about the ordinance change.
Announcements of Meetings
A Special Council/Manager meeting will be held on July 22, 2004 at 6:30 p.m.
A Special City Council meeting will be held on July 26, 2004 at 6:30 p.m.
A Joint Planning Commission and City Council meeting will be held on July 26, 2004 at
7:00 p.m.
Regular Meeting of the City Council
July 20, 2004
Page 8
Announcements of Meetings - Continued
The next City Council meeting will be held on Monday, August 2, 2004 at 6:30 p.m.
National Night Out Celebrations will be held throughout the evening on August 3, 2004.
The next Council/Manager meeting will be held on August 10, 2004 at 6:30 p.m.
A City Council meeting will be held on August 17, 2004 at 6:30 p.m.
The next Bassett Creek Water Management Commission will meet on August 19, 2004 at
noon.
A Special Council/Manager meeting will be held on August 31, 2004 at 6:30 p.m.
A City Council meeting will be held on September 7, 2004 at 6:30 p.m.
Mayor and Council Communications
The Council will discuss the smoking ban at the September 13, 2004 Council/Manager
meeting. The Council requested they receive a copy of the City of Bloomington smoking
ban ordinance.
Recognition of Service - Blair Tremere
Mayor Loomis presented Blair Tremere with an engraved pewter bowl for his service as
Council Member from 2002-2004.
Council Member Tremere expressed his appreciation to the Council, family, friends and the
community.
Adjournment
The Mayor adjourned the meeting at 9:30 p.m.
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Linda R. Loomis, Mayor
ATTEST:
*uy Administrati Assistant