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10-21-03 CC MinutesRegular Meeting of the City Council October 21, 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 21, 2003 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer (arrived 6:35 p.m.), 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. Envision Update Mayor Loomis stated the Envision Launch was held on October 21, 2003 at 4:30 p.m. prior to the City Council Meeting. The Launch was the kick-off to the public participation phase of Envision. Police Officer Oath of Office - Brian Sloat Robert Hernz introduced the newest Police Officer, Brian Sloat. Mayor Loomis gave the oath of office to Police Officer Sloat. The Council welcomed Officer Sloat to the City and the Public Safety Department. Kids & Cops Award Robert Hernz, Director of Public Safety, introduced Detective Jim Roberts and wanted to acknowledge that the Minnesota Crime Prevention Association has presented him with the Law Enforcement Officer of the Year Award. The Council congratulated Detective Roberts for receipt of the award. Approval of Agenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the agenda of October 21, 2003 as amended: Addition of Letter from Diane Aldis Regarding PUD #46. Citizen Input Mayor Loomis introduced the agenda item. Steve Johnson, 8951 Olson Memorial Highway, stated that Elite Dealership lights are on all night and security lights are on all nights and wanted the Dealership to turn down some of the lighting at night. Regular Meeting of the City Council October 21, 2003 Page 2 Citizen Input - Continued The Mayor continued the meeting. Approval of Consent Agenda MOVED by Johnson, seconded by LeSuer 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 19, 2003 The City Council meeting minutes will be approved at the next meeting. *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Exemption and Waiver of Notice Requirement - Temporary Living Center MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Temporary Living Center. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - September 11, 2003 Families Sharing the Dream Committee - August 21, 2003 Planning Commission - September 22, 2003 Regular Meeting of the City Council October 21, 2003 Page 3 Minutes of Boards and Commissions - Bassett Creek Water Management Commission - September 18, 2003 Council Member Grayson asked about the status of the change of the meeting time of the Bassett Creek Water Management Commission. MOVED by Grayson, seconded by Tremere and motion carried unanimously to receive and file the Bassett Creek Water Management Commission minutes for September 18, 2003. *Authorizing Grant Application for Hennepin County Environmental Funds - Meadow Lane Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-49 RESOLUTION AUTHORIZING APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND 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, 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. Authorizing Grant Applications - Sunrise Development, Inc. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 03-50 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM - SUNRISE DEVELOPMENT, INC. 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, 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 03-51 RESOLUTION AUTHORIZING SUBMITTAL OF AN ENVIRONMENTAL FINANCIAL GRANT APPLICATION TO HENNEPIN COUNTY - SUNRISE DEVELOPMENT, INC. Regular Meeting of the City Council October 21, 2003 Page 4 Authorizing Grant Applications - Sunrise Development, Inc. - 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, 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 03-52 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT - SUNRISE DEVELOPMENT, INC. 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 and Loomis; 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. *Authorization to Sign PUD Permit - Amendment #2 - PUD #66 - Jim Lupient Oldsmobile Addition MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for PUD #66, Amendment No. 2, JLO Addition. *Authorizing Application for Cooperative Agreement Funds for TH 55/Boone Avenue North/General Mills Boulevard Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 03-53 RESOLUTION AUTHORIZING APPLICATION FOR TRUNK HIGHWAY 55/BOONE AVENUE NORTH/GENERAL MILLS BOULEVARD COOPERATIVE AGREEMENT PROJECT 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. Regular Meeting of the City Council October 21, 2003 Page 5 *Receipt of September 2003 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the September, 2003 General Fund Budget Report. Letter from Diane Aldis Regarding PUD #46 MOVED by LeSuer, seconded by Grayson and motion carried unanimously to receive and file the letter from Diane Aldis, dated October 21, 2003 regarding PUD #46. Public Hearing - Preliminary Plat Approval - 1135 Welcome Circle Ed Soppa, 1135 Welcome Circle, applicant, reviewed the plat and answered questions from the Council. Paula Pentel, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development presented the staff report and 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 Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary plat for 1135 Welcome Circle, subject to the following conditions: 1. The final plat of the Soppa Addition will be consistent with the sketch plan for the Soppa Addition submitted with the minor subdivision application. The sketch plan was prepared by Pioneer Engineering and dated July 21, 2003. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated August 8, 2003 shall become a part of this approval. 3. A park dedication fee shall be paid in the amount of $1,000 prior to approval of the final plat by the City Council. Regular Meeting of the City Council October 21, 2003 Page 6 Public Hearing - Ordinance #285 - General Plan Approval - PUD #46 - Amendment #4 - Calvary Lutheran Church The following ordinance was MOVED by Tremere, seconded by Johnson: ORDINANCE NO. 285, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Calvary Lutheran Church, P.U.D. No. 46, Amendment #4 Calvary Lutheran Church, Applicant Allen Barnard removed himself from the discussion of the item due to a potential conflict of interest. Richard Stuerman, BWBR Architects, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Jeannine Clancy and 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. Kathy Julius, 1008 Quebec Avenue North, stated there are mature pine trees between the Church and the neighborhood and requested that some underscore plantings be added to screen the new parking lot from the neighborhood, and concurs with making 2004 the test year for noise levels at the Church. Steve Dornbusch, Senior Pastor, Calvary Lutheran Church, feels they have made great progress in working with the neighborhood; they plan to let the City and neighbors know in the Spring what is going on and will inform the neighbors of any additional events that are planned; stated they are looking at the possibility of a berm but they want to work with the Park District prior to anything being done so it won't have to be ripped up in the future depending upon the trail. The Mayor closed the public hearing. Regular Meeting of the City Council October 21, 2003 Page 7 Public Hearing - Ordinance #285 - General Plan Approval - PUD #46 - Amendment #4 - Calvary Lutheran Church - Continued MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve Ordinance #285, 2nd Series as amended: Condition 4, add "by the City" after given, Condition 6a, add "The Church will also notify all property owners located north of the railroad tracks between Pennsylvania Avenue North and Sumter Avenue North up to and including Phoenix Street". Condition 6b, add at the end of the paragraph "During the testing the consultant will involve the residents, Church and City in the process. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES First Consideration - Ordinance #286 - Right -of Way and Advertising Benches The following ordinances were MOVED by Tremere, seconded by Johnson: ORDINANCE NO. 286, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.20. "Sign Permits and Regulations" and Deleting Section 6.42. "Benches - Advertising" and Incorporating Provisions Relating to Benches, Traffic Calming and Permit Requirements into Sections 7.04 and 7.08 of Chapter 7 "Right -of -Way Management" Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve Ordinance #285, 2nd Series as amended: Subdivision 5, add at the end of the paragraph. The Director shall specifically consider the short and long term viability of the plantings and whether the plantings at maturity could present a public safety problem. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Regular Meeting of the City Council October 21, 2003 Page 8 Reaffirmation of Participation in Metropolitan Council Family Affordable Housing Program Mayor Loomis introduced the agenda item. Council Member Tremere removed himself from the discussion of the item due to a potential conflict of interest. MOVED by Grayson, seconded by LeSuer and motion carried to direct staff to prepare a letter affirming the City's participation in the Metropolitan Council Family Affordable Housing Program. 2004 City Insurance Contribution Paula Graff, Human Resources Coordinator, introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the proposed City contribution levels for employee benefits in 2004 as follows: 1. The dollar amount of the City's contribution for all non -management employees for health insurance will be $609 per month. 2. The dollar amount of the City's contribution for all management employees for health insurance will be $630 plus 2% of monthly salary. Announcement of Meetings The next City Council meeting will be held on Wednesday, November 5, 2003 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on November 11, 2003 at 7:00 p.m. The next 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 next Bassett Creek Water Management Commission meeting will be held on November 20, 2003 at noon in the Council Conference Room. There will be a Envsion Steering Committee meeting on November 20, 2003 at 7:00 p.m. Regular Meeting of the City Council October 21, 2003 Page 9 Mayor and Council Communications The Council will meet with the Planning Commission to discuss the amendments to the Zoning Code regarding the Single Family Residential Zoning District on a Monday evening before the Planning Commission meets. Staff will inform the Council when the date has been determined. 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 City Council and Planning Commission for discussion. The Council suggested the Chairs of the Planning Commission and Board of Zoning Appeals determine a date to meet prior to the joint City Council/Planning Commission meeting. Set Date for Canvassinq Board Meeting MOVED by Johnson, seconded by Tremere and motion carried unanimously to set the Canvassing Board Meeting for November 5, 2003 at 6:15 p.m. Adjournment The Mayor adjourned the meeting at 8:43 p.m. •. ••I I RIM 0 KAYLS] ATTEST: Jody Nally, Administrative Apfistant