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05-20-03 CC MinutesRegular Meeting of the City Council May 20, 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 20, 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. Recognition of Firefighter Jim Murphy on His Fire Department Retirement Mark Kuhnly, Chief of Fire and Inspection Services, reviewed Jim Murphy's career history and his accomplishments while serving in the Fire Department. Jim Murphy thanked his family and the Council for their support. The Council expressed their appreciation to Firefighter Murphy for his service to the Community. Police Officer Oath of Office - Laura Gould Robert Hernz, Director of Public Safety, introduced the newest Police Officer, Laura Gould. Mayor Loomis gave the oath of office to Police Officer Laura Gould. The Council welcomed Officer Gould to the City and the Public Safety Department. Approval of Agenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the agenda of May 20, 2003 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 Tremere, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Minutes of Boards and Commissions - Human Rights Commission - April 10, 2003 and Joint Water Commission - April 2, 2003; and Authorization to Sign 2003 Labor Agreement with Law Enforcement Labor Services Local #27 Police Officers. Mayor Loomis read the items listed on the consent agenda. Regular Meeting of the City Council May 20, 2003 Page 2 *Approval of Minutes: City Council Meeting - April 1, 2003 and Council/Manager Meeting - May 13, 2003 MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the City Council Meeting minutes of April 1, 2003 and Council/Manager Meeting minutes of May 13, 2003 as submitted. *Approval of Check Register MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Fireworks Permit - Golden Valley Fire Relief Association MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the fireworks display for the Fire Relief Association Street Dance to be held on June 21, 2003 at Breck School *Minutes of Boards and Commissions MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - March 20, 2003 Human Services Foundation - March 10 and April 7, 2003 Environmental Commission - March 24 and April 28, 2003 Minutes of Boards and Commissions - Human Rights Commission - April 10, 2003 Council Member Tremere wanted all boards and commissions to know of the Council policy that if a board or commission wants to send an external communication representing a City policy or position that it be approved by the Council prior to publication. Mayor Loomis updated the Council about the discussion that took place at the Human Rights Commission meeting. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the Human Rights Commission minutes for April 10, 2003. Regular Meeting of the City Council May 20, 2003 Page 3 Minutes of Boards and Commissions - Joint Water Commission - April 2, 2003 Council Member Johnson requested an update on the status of the meetings held to date. Mayor Loomis updated the Council on the meetings that have been held and the upcoming meetings. MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the Joint Water Commission minutes for April 2, 2003. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Approval of Amended Human Services Foundation By -Laws Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 03-23 RESOLUTION AMENDING RESOLUTION NO. 91-102,92-42,94-22 AND 99-70 REGARDING THE GOLDEN VALLEY HUMAN SERVICES FOUNDATION 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. *Receipt of April 2003 General Fund Budget Report MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the April 2003 general fund budget report. Authorization to Sign 2003 Labor Agreement with Law Enforcement Labor Services Local #27 Police Officers Council Member LeSuer asked how this agreement would affect the budget. Thomas Burt answered questions from the Council. Regular Meeting of the City Council May 20, 2003 Page 4 Authorization to Sign 2003 Labor Agreement with Law Enforcement Labor Services Local #27 Police Officers - Continued MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager to sign the 2003 Labor Agreement with Law Enforcement Labor Services Local #27 Police Officers. TH 100 Landscaping Process and Plan Presentation Jeannine Clancy introduced the agenda item and answered questions from the Council. Karl Weissenborn, and Patty Strohmeyer, MnDOT were present to review the landscaping and answered questions from the Council. Findings and Determination with Respect to Variance Appeal - 4500 Hampton Road MOVED by Tremere, seconded by Johnson and motion carried unanimously to reconsider the Council's action taken at the May 6, 2003 City Council meeting. Allen Barnard answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 03-24 AS AMENDED RESOLUTION OF FINDINGS AND DETERMINATION WITH RESPECT TO VARIANCE APPEAL 4500 HAMPTON ROAD DOUGLAS W. PAGENKOPF, APPLICANT 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: Johnson and Tremere; and the following voted against the same: Grayson, LeSuer and Loomis, whereupon said resolution was defeated. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 03-24 RESOLUTION OF FINDINGS AND DETERMINATION WITH RESPECT TO VARIANCE APPEAL 4500 HAMPTON ROAD DOUGLAS W. PAGENKOPF, APPLICANT Regular Meeting of the City Council May 20, 2003 Page 5 Findings and Determination with Respect to Variance Appeal - 4500 Hampton Road - 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, LeSuer, Loomis and Tremere; and the following voted against the same: Johnson, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Second Consideration - Ordinance #279 - Gas Franchise Agreement - CenterPoint Energy Minnegasco The following ordinance was MOVED by Tremere, seconded by Johnson: ORDINANCE NO. 279, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Gas Franchise - CenterPoint Energy Minnegasco Jeannine Clancy introduced the agenda item and answered questions from the Council. 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Tremere, seconded by Johnson 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 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve publication of the summary ordinance. Liquor License Renewals - On Sale and Sunday Sale, D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom; Off Sale, D'Amico Catering, LLC d/b/a D'Amico Beverage Service; and Wine On Sale and Non -intoxicating Malt Liquor - D'Amico & Sons, LLC d/b/a D'Amico & Sons Allen Barnard introduced the agenda item and answered questions from the Council. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the renewal of the following licenses unconditionally for the license year beginning July 1, 2003: Regular Meeting of the City Council May 20, 2003 Page 6 Liquor License Renewals - On Sale and Sunday Sale, D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom; Off Sale, D'Amico Catering, LLC d/b/a D'Amico Beverage Service; and Wine On Sale and Non -Intoxicating Malt Liquor - D'Amico & Sons, LLC d/b/a D'Amico & Sons - Continued On Sale and Sunday Sale: D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom; Off Sale: D'Amico Catering LLC d/b/a D'Amico Beverage Service; and Wine On Sale (including strong beer) and Non -Intoxicating Malt Liquor: D'Amico & Sons, LLC d/b/a D'Amico and Sons. Amendment to On -Sale and Sunday Sale Liquor License for Gated Patio - Rubicon Minnesota, LLC d/b/a Billfish Grill Mayor Loomis introduced the agenda item. Thomas Burt answered questions f rom the Council. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the amendment t o t he c urrent O n S ale and Sunday Sale liquor licenses for the Billfish Grill allowing use of an outdoor fenced and gated patio on the southwest side of their building beginning as soon as construction is completed and inspected. Announcement of Meetings A 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. The next City Council meeting will be held on June 3, 2003 at 6:30 p.m. The next 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. in the Golden Valley City Hall. A City Council meeting will be held on Monday, June 16, 2003 at 6:30 p.m. A Joint Water Commission Governance Task Force meeting will be held on June 24, 2003 at 6:30 p.m. in the Golden Valley City Hall. Regular Meeting of the City Council May 20, 2003 Page 7 Set Date for Joint Water Commission Special Meeting - 6/24/03 MOVED by Tremere, seconded by Grayson date for the Joint Water Commission Special Golden Valley City Hall. Mayor and Council Communications and motion carried unanimously to set the meeting for June 24, 2003 at 6:30 p.m. in the Mayor Loomis stated she has received a letter from the Golden Valley Historical Society that they have received a $3,500 grant. Envision Update No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 8:42 p.m. f Linda0 , x Y OV49--"' 0 e3j;m" R. Loomis,Mayor ATTEST: ----+ C i ��z fuy Nall Administrati4 Assistant