05-06-03 CC MinutesRegular Meeting
of the
City Council
May 6, 2003
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 6, 2003 at 6:30 p.m.
The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere.
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Approval of Agenda
MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the
agenda of May 6, 2003 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item
continued the meeting.
Approval of Consent Agenda
Hearing and seeing no one, the Mayor
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk (*), except removal of Approval of
Minutes - City Council Meeting - April 1, 2003; Commercial Fertilizer Applicator Licenses,
Minutes of Boards and Commissions - Human Rights Commission - February 13 and
March 13, 2003; Minutes of Boards and Commissions - Planning Commission - March 24,
2003; Authorizing Application and Primary Contact Person for TH 169 Sound Wall
Roadside Partnership Planning Project.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes: City Council Meeting - April 1, 2003
The minutes will be available at the next meeting.
*Approval of Check Register
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to authorize
the payment of the bills as submitted.
*General Business Licenses
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to authorize
the issuance of licenses as recommended by staff.
Regular Meeting of the City Council
May 6, 2003
Page 2
*Gambling License Exemption and Waiver of Notice Requirement - The Storefront
Group
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for The
Storefront Group.
Commercial Fertilizer Applicator Licenses
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Allen Barnard answered questions from the Council.
MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve
the commercial fertilizer licenses as recommended by staff.
Staff was requested to publicize in the newsletter and web site that any company hired to
apply fertilizer is required to be licensed by the City.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to receive and
file the minutes received as follows:
Board of Zoning Appeals - March 25, 2003
Minutes of Boards and Commissions - Human Rights Commission - February 13 and
March 13, 2003
Council Member Grayson noted that no quorum was present for one of the meetings and
suggested that in the future a meeting be cancelled if no quorum is present.
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and
file the Human Rights Commission minutes for February 13 and March 13, 2003.
Thomas Burt stated that staff will prepare a memo to be sent to all boards and/or
commissions that requests all members notify staff if they are unable to attend a meeting;
and if, on a meeting date, a quorum is not present by 15 minutes after the normal starting
time, the meeting will be cancelled and everyone will be requested to leave the building.
Regular Meeting of the City Council
May 6, 2003
Page 3
Minutes of Boards and Commissions - Planning Commission - March 24, 2003
Council Member LeSuer apologized to Chair Pentel for his behavior during the public
hearing for consideration of the conditional use permit for 740-750 Florida Avenue South.
He further stated he appreciates what the Planning Commission does and the time
commitment volunteered by the Commissioners.
MOVED by Grayson, seconded by Johnson and motion carried unanimously to receive and
file the Planning Commission minutes of March 24, 2003.
*Letter from Golden Valley Historical Society Regarding Grant
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to receive and
file the letter from Bob Provost, dated April 8, 2003 regarding the grant.
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Grayson, seconded by LeSuer and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
Authorization Application and Primary Contact Person for TH 169 Sound Wall
Roadside Partnership Planning Proiect
Council Member Tremere stated the sound wall will be constructed on the east side of TH
169 not the west side.
Jeannine Clancy answered questions from the Council.
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION 03-20
RESOLUTION AUTHORIZING APPLICATION AND PRIMARY
CONTACT PERSON FOR THE TH 169 SOUND WALL
ROADSIDE PARTNERSHIP PLANTING PROGRAM
The motion for the adoption of the foregoing
and upon a vote being taken thereon, the
Johnson, LeSuer, Loomis and Tremere; and
whereupon said resolution was declared du
and her signature attested by the City Clerk.
resolution was seconded by Member LeSuer
following voted in favor thereof: Grayson,
the following voted against the same: none,
1 passed and adopted, signed by the Mayor
Regular Meeting of the City Council
May 6, 2003
Page 4
Public Hearing - Appeal from Board of Zoning Appeals Decision - 4500 Hampton
Road
Doug Pagenkopf, Applicant, and Rick Christensen, Architect, reviewed the appeal request
and answered questions from the Council.
Linda McCracken Hunt, Chair, Board of Zoning Appeals (BZA), reviewed the discussion
and action at the BZA meeting and answered questions from the Council.
Mark Grimes, Director of Planning and Development and Board of Zoning Appeals Staff
Liaison reviewed the background of the item and answered questions from the Council.
Allen Barnard reviewed the legal process 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 Grayson, seconded by LeSuer and motion carried to reaffirm the action of the
Board of Zoning Appeals approved on April 22, 2003:
1. Waiver from Section 11.21, Subd. 7(B) - variance for 4 feet off the required 25 feet
to a distance of 21 feet, at its closest point from the rear property line to the existing
attached garage,
2. Waiver from Section 11.21, Subd. 7(B) - variance for 10 feet off the required 25
feet to a distance of 15 feet, at its closest point to the rear property line from the
proposed attached garage and 2nd story expansion,
3. Waiver from Section 11.21, Subd. 7(A) - variance for 10 feet off the required 35
feet to a distance of 25 feet, at its closest point to the front property line along Major
Avenue North for the proposed garage expansion.
Amendment to the main motion: MOVED by Tremere, seconded by Johnson to amend
the foregoing motion to substitute the variance requested by the applicant as stated
below:
1. Waiver from Section 11.21, Subd. 7(B) - variance for 16 feet off the required 25
feet to a distance of 9 feet at its closest point to the rear property line for the
proposed attached garage expansion with 2nd story addition.
The amendment to the main motion failed. Council Member Grayson, LeSuer and Loomis
voted no.
Upon a roll call vote on the main motion, the vote was as follows:
GRAYSON - YES JOHNSON - NO LESUER - YES LOOMIS - YES TREMERE - YES
Regular Meeting of the City Council
May 6, 2003
Page 5
Public Hearing - Appeal from Board of Zoning Appeals Decision - 4500 Hampton
Road - Continued
Staff will work with the City Attorney to prepare a resolution for findings and
determinations for Council action for the May 20, 2003 City Council meeting.
Second Consideration - Ordinance #278 - Adopting the Amended State Building
Code and Amended State Uniform Fire Code
The following ordinance was MOVED by Tremere, seconded by LeSuer:
ORDINANCE NO. 278, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendments to the City Code
Adopting the Amended State Building Code and
Amended State Uniform Fire Code
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda items 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 LeSuer and motion carried unanimously to approve
Ordinance #278, 2nd Series. Upon a roll call vote, the vote was as follows:
GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES
Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $11,085,000 General Obligation Improvement Bonds,
Series 2003C and $615,000 General Obligation Equipment Certificates of
Indebtedness, Series 2003D
Dave MacGillivrary, Springsted, Inc. reviewed the bonds and answered questions from the
Council.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 03-21
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $11,085,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003C
Regular Meeting of the City Council
May 6, 2003
Page 6
Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $11,085,000 General Obligation Improvement Bonds,
Series 2003C and $615,000 General Obligation Equipment Certificates of
Indebtedness, Series 2003D - Continued
The motion for the adoption of the foregoing resolution was seconded by Member LeSuer
and upon a vote being taken thereon, the following voted in favor thereof: Grayson,
Johnson, LeSuer, Loomis 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 LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 03-22
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $615,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2003D
The motion for the adoption of the foregoing resolution was seconded by Member Johnson
and upon a vote being taken thereon, the following voted in favor thereof: Grayson,
Johnson, LeSuer, Loomis 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.
First Consideration - Ordinance #279 - Gas Franchise Agreement - CenterPoint
Energy Minnegasco
Jeannine Clancy introduced the agenda item and answered questions from the Council.
The following ordinance was MOVED by Johnson, seconded by Tremere:
ORDINANCE NO. 279, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Gas Franchise - CenterPoint Energy Minnegasco
Jim Strommen, Kennedy & Graven, introduced the agenda item and answered questions
from the Council. Al Swintek, CenterPoint Energy Minnegasco, 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 6, 2003
Page 7
First Consideration - Ordinance #279 - Gas Franchise Agreement - CenterPoint
Energy Minnegasco - Continued
MOVED by Johnson, seconded by Tremere and motion carried unanimously to approve
Ordinance #279, 2nd Series. Upon a roll call vote, the vote was as follows:
GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES
Announcement of Meetings
The next Housing and Redevelopment Authority meeting will be held on May 13, 2003 at
7:00 p.m.
The next Council/Manager meeting will be held on May 13, 2003 at 7:30 p.m.
The next City Council meeting will be held on May 20, 2003 at 6:30 p.m.
The Joint Water Commission Governance Task Force meeting will be held on May 22, 2003
at 7:00 p.m. in the New Hope City Hall.
The Envision Golden Valley Steering Committee will be held on May 22, 2003 at 7:00 p.m.
A City Council meeting will be held on June 3, 2003 at 6:30 p.m.
A Housing and Redevelopment Authority meeting will be held on June 10, 2003 at 7:00
p.m.
The next Council/Manager meeting will be held on June 10, 2003 at 7:30 p.m.
A Joint Water Commission Governance Task Force meeting will be held on June 12, 2003
at 7:00 p.m.
Mayor and Council Communications
Council Member LeSuer updated the Council on the Employer Assisted Housing
conference he attended that was sponsored by the Minneapolis United Way.
Mayor and Council Communications - Envision Update
Mayor Loomis updated the Council on the status of the planning for the Envision.
Regular Meeting of the City Council
May 6, 2003
Page 8
Adiournment
The Mayor adjourned the meeting at 8:42 p.m.
Linda R. Loomis, Mayor
ATTEST:
l
#uy Nal , Administrati Assistant