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08-17-04 CC MinutesRegular Meeting of the City Council August 17, 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 August 17, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, and Shaffer. Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Certificate of Appointment Mayor Loomis presented a Certificate of Appointment, mug and city pin to Gloria Johnson and Brenda Foster, Human Services Foundation; and Mike Duff, Board of Zoning Appeals. Venora Hung, Building Board of Review and Jennifer Koenig, Human Services Foundation were unable to attend the meeting and their Certificate of Appointment will be mailed. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of August 17, 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 Freiberg and motion carried unanimously to approve the items on the consent agenda, except removal of Approval of Minutes - City Council Meetings - July 6, 20, August 2, 2004 and Special City Council Meeting - July 26, 2004; Quotes - Glenwood Avenue Water Main Replacement; Authorization to Sign Flood Proofing Agreement with Nancy and James Johnson - 2445 Regent Avenue North and Approving Appointment of Election Judges for primary Election. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meetings - July 6, 20, August 2, 2004 and Special City Council Meeting - July 26, 2004 Council Member Freiberg wanted to amend the City Council meeting minutes of July 6, 2004 to add reasons why he voted no regarding paving of the South Tyrol Park trail. Regular Meeting of the City Council August 17, 2004 Page 2 Approval of Minutes - City Council Meetings - July 6, 20, August 2, 2004 and Special City Council Meeting - July 26, 2004 - Continued MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the City Council minutes from July 20, August 2, 2004 and Special City Council Meeting from July 26, 2004 as submitted; and the City Council minutes from July 6, 2004 as amended: under Authorize Paving Trail System in South Tyrol Park and Right -of -Way for Bridal Path, change the sentence to read: Council Member Freiberg voted no, stating that paving is unnecessary because staff acknowledged full ADA compliance was not feasible, the trail policy encourages flexibility in surfacing, most neighbors oppose paving, and the trail is not widely used by people outside the neighborhood. *Bills and Claims MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Therapeutic Massage Certificate - Karen Sembauer MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the issuance of a Therapeutic Massage Certificate to Karen Sembauer to practice therapeutic massage at Golden Valley Wellness Center. *Minutes of Boards and Commissions MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the minutes received as follows: Open Space and Recreation Commission - June 28, 2004 Joint City Council and Planning Commission - July 26, 2004 Human Services Foundation - July 12, 2004 Planning Commission - July 12, 2004 Building Board of Review - June 7, 2004 Bassett Creek Water Management Commission - July 15, 2004 Regular Meeting of the City Council August 17, 2004 Page 3 Quotes - Glenwood Avenue Water Main Replacement Council Member Grayson asked questions about the timing of the project. Jeff Oliver, City Engineer, answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to award the bid for the water main replacement on Glenwood Avenue from the lowest responsible bidder, G. L. Contracting for $45,483.20. The quotes are as follows: G. L. Contracting $45,483.20 Palda and Sons, Inc. 51,585.62 *Letter from Kristin Larson Regarding Resignation from Human Services Foundation MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the letter from Kristin Larson, dated August 10, 2004, regarding resignation from the Human Services Foundation and request the Mayor send her a letter of appreciation in recognition of her service to the community. Authorization to Sign Flood Proofing Agreement with Nancy and James Johnson - 2445 Regent Avenue North Council Member Grayson asked about the city's liability if the homeowners use their own contractor for the flood proofing. Jeff Oliver, City Engineer, answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the Flood Proofing Agreement with Nancy and James Johnson. Approving Appointment of Election Judges for Primary Election Council Members had questions about the recruitment, qualifications, selection and training of election judges. Thomas Burt answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-61 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HELD ON SEPTEMBER 14, 2004 Regular Meeting of the City Council August 17, 2004 Page 4 Approving Appointment of Election Judges for Primary Election - 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 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. The Council suggested putting an article in the city newsletter and on the web site about the need for election judges. Public Hearing - Conditional Use Permit No. 03-104 - Amendment #1 -1200 Mendelssohn Avenue North Evan Rice, Faegre and Benson, and Dennis Doyle, applicant, reviewed the permit and answered questions from the Council. Gregg Hackett, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed 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. Marti Micks, 90 Louisiana Avenue South, wanted to know what the difference in the taxing district is. The Mayor closed the public hearing. MOVED by Grayson, seconded by Freiberg and motion carried to continue the public hearing until September 21, 2004 for consideration of conditional use permit no. 03-104, amendment #1, 1200 Mendelssohn Avenue North until a full Council is present. Continued Public Hearing - Rezoning to Two Family (R-2) Residential Zoning District - 2548 Douglas Drive North Thomas Burt introduced the agenda item and answered questions from the Council. Mark Grimes, Director of Planning and Development, 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. Regular Meeting of the City Council August 17, 2004 Page 5 Continued Public Hearing - Rezoning to Two Family (R-2) Residential Zoning District - 2548 Douglas Drive North - Continued Serene Silver, 2435 Manchester Drive, stated she was surprised to hear of the changes to the plan, wanted to make sure that residents had an opportunity to review the changes; expressed concern about the difficulty in turning from Douglas Drive to Medicine Lake Road; she stated that intersection gets very icy in the winter; wanted to know if the home being built is a private home or a group home. The Mayor closed the public hearing. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to refer back to the Planning Commission the consideration of the rezoning of the south half of 2548 Douglas Drive North from Single Family (R-1) Residential Zoning District to Two Family (R-2) Residential Zoning District. Continued Public Hearing - Preliminary Plat Approval - 2548 Douglas Drive North 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 Grayson, seconded by Freiberg and motion carried unanimously to refer back to the Planning Commission the consideration of the preliminary plat of the Amain Addition. Announcements of Meetings The next Bassett Creek Water Management Commission will meet on August 19, 2004 at noon. The City Council will meet on August 26, 2004 at 8:00 a.m. to discuss the Council Member vacancy. The City Council will interview applicants for the Council Member vacancy on August 30, 2004 at 6:30 p.m. A Special Council/Manager meeting will be held on August 31, 2004 at 6:30 p.m. The next City Council meeting will be held on September 7, 2004 at 6:30 p.m. The next Council/Manager meeting will be held on Monday, September 13, at 6:30 p.m. Primary Election Day is September 14, 2004. Regular Meeting of the City Council August 17, 2004 Page 6 Announcements of Meetings - Continued A Bassett Creek Water Management Commission meeting will be held on September 16, 2004 at noon. A City Council meeting will be held on September 21, 2004 at 6:30 p.m. A City Council meeting will be held on October 5, 2004 at 6:30 p.m. Mayor and Council Communications The Human Services Foundation Golf Classic will be held on September 10, 2004, beginning at 9:00 a.m., at the Brookview Golf Course. Mayor Loomis encouraged participation in the event. Mayor Loomis reviewed the process for filling the Council Member vacancy. She stated that sixteen people applied for the vacancy. Each Council Member will notify the City Manager of their top three candidates. On August 26, 2004 the Council will meet to determine which candidates they would like to interview. The Interviews are scheduled for August 30, 2004 at 6:30 p.m. The new Council Member will be sworn into office at the September 7 Council meeting. Adiournment The Mayor adjourned the meeting at 8:55 p.m. 0 4 ww nld-aR I nomis, Mayor ATTEST: dJlt&Z��- Ny, Administra ' e Assistant