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10-07-03 CC MinutesRegular Meeting of the City Council October 7, 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 October 7, 2003 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, and Tremere; and the following was absent: Loomis. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Tree Trust Program Norm Champ, Director, Tree Trust, thanked the Council for their previous support for 25 years, reviewed the program, and answered questions from the Council. Rick Jacobson, Director of Park and Recreation, reviewed the impact of the program on the City's parks and trails and the children who participate in the program. Presentation - Proclamations Supporting PRISM's First Annual Sleep Out for National Hunger and Homeless Awareness Week - November 15 - 22, 2003 Rebecca Moir, Development Manager, People Responding in Social Ministry (PRISM) reviewed the program, mission and philosophy, service area, fund-raising sleep out and answered questions from the Council. MOVED by LeSuer, seconded by Grayson and motion carried unanimously to adopt the Proclamation Supporting PRISM's First Annual Sleep Out for National Hunger and Homelessness Awareness Week. Approval of Envision Letter Don Anderson, Co -Chair, Envison Steering Committee, requested approval of a letter to send to businesses and organizations within the City recruiting facilitators and seeking cash or in-kind donations for Envision events; and answered questions from the Council. MOVED by Grayson, seconded by LeSuer and motion carried unanimously to approve the Envision request to send a letter to businesses and organizations. Approval of Agenda MOVED by Grayson, by LeSuer and motion carried unanimously to approve the agenda of October 7, 2003 as amended: Addition to New Business: Council/Manager Performance Review; Addition to Letters and Petitions: Letter from Howard Roston, Malkerson, Gilliland, Martin, Regarding Special Assessment for Pavement Management Program. Regular Meeting of the City Council October 7, 2003 Page 2 Citizen Input Mayor Loomis introduced the agenda item continued the meeting. Approval of Consent Agenda Hearing and seeing no one, the Mayor 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 General Business Licenses; Minutes of Boards and Commissions - Planning Commission - September 8, 2003; Board of Zoning Appeals - August 26, 2003; and Letter from Barbara Myers Regarding Resignation from Human Rights Commission. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - August 4, 2003 and Council/Manager Meeting - September 9, 2003 MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the City Council Meeting minutes of August 4, 2003 and the Council/Manager meeting of September 9, 2003 as submitted. *Approval of Check Register MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to Veterans of Foreign Wars #7051 MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the gambling license to conduct excluded bingo at the Veterans of Foreign Wars Post #7051. Gambling License Exemption and Waiver of Notice Requirement - March of Dimes MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the March of Dimes. Regular Meeting of the City Council October 7, 2003 Page 3 Gambling License Exemption and Waiver of Notice Requirement - Church of the Good Shepherd MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Church of the Good Shepherd. Therapeutic Massage Facility - Golden Valley Wellness Center MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the issuance of a Therapeutic Massage Facility License to the Golden Valley Wellness Center at 5748 Olson Memorial Highway for the 2003-2004 license year from June 1 through July 31, 2004. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the minutes as follows: Envision Steering Committee - June 19, July 17 and August 14, 2003 Open Space and Recreation Commission - September 22, 2003 Minutes of Boards and Commissions - Planning Commission - September 8, 2003 Council Member Grayson would like the text changes to the zoning code come before the City Council at a future Council/Manager meeting. The Council suggested that the Planning Commission and Board of Zoning Appeals meet to review the amendments prior to them being brought back to the Council. MOVED by Grayson, seconded by Tremere and motion carried unanimously to receive and file the Planning Commission minutes for September 8, 2003. Minutes of Boards and Commissions - Board of Zoning Appeals - August 26, 2003 Council Member Tremere appreciates the efforts of the Board of Zoning Appeals to work out variances with property owners. MOVED by Tremere, seconded by Grayson and motion carried unanimously to receive and file the Board of Zoning Appeals of August 26, 2003. Letter from Barbara Myers Regarding Resignation from Human Rights Commission Council Member Grayson thanked her for her efforts and stated that due to budget cuts some programs may be reconfigured but that funding has not been cut. Regular Meeting of the City Council October 7, 2003 Page 4 Letter from Barbara Myers Regarding Resignation from Human Rights Commission MOVED by Grayson, seconded by Tremere and motion carried unanimously to receive and file the letter from Barbara Myers, dated August 15, 2003, regarding resignation from Human Rights Commission, and request the Mayor send her a letter of appreciation in recognition of her service to the community. Letter from Howard Roston, Malkerson, Gilliland, Martin, Regarding Special Assessment for Pavement Management Program MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the letter from Howard Roston, dated October 3, 2003 regarding special assessment for pavement management program. *Approving Appointment of Election Judges for General Election Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-40 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2003 The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. *Authorization to Sign Contract with Bonestroo for Bassett Creek Park Pond and Sanitary Sewer Lift Station MOVED by LeSuer, seconded by Grayson and motion carried unanimously to authorize amending contract with Bonestroo Rosene Anderlik & Associates to include design of the MnDOT pond, and a sanitary sewer lift station at 2160 Zane Avenue North in an amount not to exceed $17,090. Regular Meeting of the City Council October 7, 2003 Page 5 Waiver of Public Hearings and Certification of Special Assessments - City Driveways Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-41 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2003 CITY STREET IMPROVEMENTS 03-1 BROOKVIEW AREA (PHASE I, 11, III AND VI) The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-42 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2002 CITY STREET IMPROVEMENTS 02-1 MEADOW LANE AREA (PHASE 1) The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-43 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2002 CITY STREET IMPROVEMENTS 02-1 MEADOW LANE AREA (PHASE 11 AND 111) Regular Meeting of the City Council October 7, 2003 Page 6 Waiver of Public Hearings and Certification of Special Assessments - City Driveways - Continued The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Public Hearing - 2003 Special Assessments Jeannine Clancy presented the project for Brookview area, Phase I to IV, 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 Tom Mason, 723 Winnetka Avenue South, signed a petition because he didn't want sidewalk and stated he is getting them anyway, unhappy the way his money is being spent and feels that the project is being shoved down his throat. Howard Rosten, Malkerson, Gilliland, Martin, stated he is representing Martinez Properties located at 8085 Wayzata Boulevard; stated they recently acquired the property and they feel the road improvements will not increase the value of the property; feels the assessment is in violation of Minnesota Statutes and asked that his client's property be excluded from the assessment roll. The Mayor closed the public hearing. Allen Barnard answered questions regarding excluding a property from the assessment roll. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-44 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMRPOVEMENTS 2003/2004 PAVEMENT MANAGEMENT PROGRAM 03-1 BROOKVIEW AREA (PHASE I, II, 111 AND VI) Regular Meeting of the City Council October 7, 2003 Page 7 Public Hearing - 2003 Special Assessments - Continued The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Jeannine Clancy presented the project for Brookview area, Phase I to IV, and answered questions from the Council. Don Taylor, Finance Director 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 Richard Fox, 24 Hanley Road, wanted to know if they were going to get a bill for the special assessment and wanted to know who will pay the special assessment for the Brookview Golf course and improvements done to the course and parking lot. The Mayor closed the public hearing. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 03-45 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMRPOVEMENTS 2003/2004 PAVEMENT MANAGEMENT PROGRAM 03-1 BROOKVIEW AREA (PHASE IV AND V) The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Don Taylor, Finance Director introduced the agenda item 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. Regular Meeting of the City Council October 7, 2003 Page 8 Public Hearing - 2003 Special Assessments - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 03-46 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Don Taylor, Finance Director introduced the agenda item 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-47 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ETC.) The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Public Hearing - Ordinance #284 - General Plan Approval - PUD #66 - Amendment #2 - Jim Lupient Oldsmobile The following ordinance was MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 284, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development JLO Addition, P.U.D. No. 66, Amendment #2 Jim Lupient Oldsmobile, Company, Applicant Regular Meeting of the City Council October 7, 2003 Page 9 Public Hearing - Ordinance #284 - General Plan Approval - PUD #66 - Amendment #2 - Jim Lupient Oldsmobile - Continued Paul Lyver, Applicant, reviewed the request and answered questions from the Council. Mark Grimes, Director of Planning and Development, answered questions from the Council. Jeannine Clancy 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 LeSuer, seconded by Grayson and motion carried unanimously to approve Ordinance #282, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - ABSENT TREMERE - YES Reaffirmation of Participation in Metropolitan Council Family Affordable Housing Program Thomas Burt introduced the agenda item and answered questions from the Council. Council Member Tremere removed himself from action on this item due to a potential conflict of interest. Council Member Grayson requested this item be tabled until a full Council is present for the discussion. MOVED by Grayson, seconded by LeSuer and motion carried unanimously to continue the discussion of this item until the October 21, 2003 meeting. Authorization to Sign Grant Agreement with Minnesota Department of Public Safety - Office of Drug Policy and Violence Prevention for Drug Task Force Robert Hernz, director of Public Safety, introduced the agenda item and answered questions from the Council Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 03-48 RESOLUTION AUTHORIZING THE CITY OF GOLDEN VALLEY TO ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY - OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION Regular Meeting of the City Council October 7, 2003 Page 10 Authorization to Sign Grant Agreement with Minnesota Department of Public Safety - Office of Drug Policy and Violence Prevention for Drug Task Force — Continued The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer and Tremere; and the following was absent: Loomis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and her signature attested by the City Clerk. Announcement of Meetings The Joint Water Commission open house will be held on October 8, 2003 from 4:00 p.m. to 7:00 p.m. The next Housing and Redevelopment Authority meeting will be held on October 14, 2003 at 7:00 p.m. The next Council/Manager meeting will be held on October 14, 2003 at 7:30 p.m. The next City Council meeting will be held on October 21, 2003 at 6:30 p.m. The next Bassett Creek Water Management Commission meeting will be held on October 16, 2003 at 3:30 p.m. in the Council Conference Room. A City Council meeting will be held on November 5, 2003 at 6:30 p.m. A Housing and Redevelopment Authority meeting will be held on November 11, 2003 at 7:00 p.m. A Council/Manager meeting will be held on November 11, 2003 at 7:30 p.m. A City Council meeting will be held on November 18, 2003 at 6:30 p.m. The Envision Facilities Subcommittee will meet on November 13, 2003 at 7:00 p.m. The Envision Steering Committee will meet on November 16, 2003 at 7:00 p.m. The Envision Communications Subcommittee will meet on November 11, 2003 at 4:30 p.m.