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07-02-02 CC Minutes unsigned Regular Meeting of the City Council July 2, 2002 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 July 2, 2002 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere. Also present were: William Joynes, City Manager; Barb Ross, Acting City Attorney; and Judy Nally, Administrative Assistant. Citizen Input William Downey, 125 Meadow Lane North, distributed copies of a sketch of his backyard and surrounding neighborhood along with a written description of his existing drainage problems in his backyard, showed photos of his yard after a rainfall, presented estimated costs for improvements to his property; wants financial assistance from the City to alleviate his problem and feels it could be remedied during street reconstruction. The Council directed staff to prepare a response to include how large of an area is affected by the water runoff problem and if the timing is right to consider this request in conjunction with the pavement management program. Letter from Robbinsale School District Reqardinq Withdrawal of Request for Conditional Use Permit for Olson Elementary and Letter from Golden Vallev Historical Societv Reqardinq Fundinq Request Mayor Loomis read the letter from the School District regarding the withdrawal of the request for a conditional use permit for Olson Elementary Mayor Loomis read the letter from the Golden Valley Historical Society regarding their funding request. MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and file the following letters: Thomas Walerius, Robbindsale School District, dated June 21, 2002 regarding the withdrawal of the request for a conditional use permit for Olson Memorial Elementary; and Judy Mustard, Golden Valley Historical Society, dated June 19, 2002 regarding funding request. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to direct staff to bring back the 2002 budget recommendations with a status report and invite the Golden Valley Historical Society to attend the July 16, 2002 City Council meeting. Approval of Minutes: Citv Council Meetinq - June 4, 2002 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the City Council Meeting minutes of June 4, 2002 as submitted. Regular Meeting of the City Council July 2, 2002 Page 2 Approval of Aqenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the agenda of July 2, 2002 as amended: Addition to Organizational Item - Heating Licenses - addition of license #7684 and #7685. Approval of Consent Aqenda MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda indicated by an asterisk, as amended: Removal of Letters and/or Petitions: Letter from Robbinsdale School District Regarding Withdrawal of Request for Conditional Use Permit for Olson School; and Minutes of Boards and Commissions - Bassett Creek Water Management Commission - May 16, 2002. *Approval of Check Reqister MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heatinq Licenses MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gamblinq License Exemption and Wavier of Notice Requirement - Muscular Dvstrophy Association MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Muscular Dystrophy Association. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Building Board of Review - March 18 and April 1, 2002 Civil Service Commission - May 6, 2002 Planning Commission - May 6, 2002 Board of Zoning Appeals - May 29, 2002 Families Sharing the Dream Committee - May 2, 2002 Regular Meeting of the City Council July 2, 2002 Page 3 Minutes of Boards and Commissions - Basset Creek Water Manaqement Commission - Mav 16, 2002 Council Member LeSuer had questions regarding setting the BCWMC budget and Council Member Tremere expressed concern about the budget for capital improvements proposed. William Joynes answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to designate two members of the City Council and appropriate staff to meet with members from the Plymouth City Council and their staff to meet in an executive session to discuss the second generation policies and capital improvement program. Council Member LeSuer and Mayor Loomis will meet with the City of Plymouth. MOVED by Johnson, seconded by Tremere and motion carried unanimously t to receive and file the Bassett Creek Water Management Commission minutes of May 16, 2002. Public Hearinq - Preliminary Plan Approval - 941 and 1021 Anqelo Drive MOVED by LeSuer, seconded by Grayson and motion carried unanimously to bring the item on the agenda. Paul Pentel, 941 Angelo Drive, reviewed his request and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report 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 Johnson, seconded by LeSuer and motion carried unanimously to approve the preliminary plat for 941 and 1021 Angelo Drive, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The comments of Jeff Oliver, PE in his memorandum to Mark Grimes, dated May 3, 2002 shall become a part of this approval. 3. The Certificate of Survey submitted by the applicants, dated April 17, 2002 shall become a part of this approval. Regular Meeting of the City Council July 2, 2002 Page 4 Public Hearinq - Preliminarv Plan Approval - 941 and 1021 Anqelo Drive - Continued Upon a roll call vote, the vote was as follows; GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Public Hearinq - Preliminarv Plat Approval - 4930 and 4940 Normandy Place MOVED by Tremere, seconded by LeSuer and motion carried unanimously to bring the item on the agenda. Anne Sessoms, 4940 Normandy Place; and Linda Lund 4930 Normandy Place reviewed the preliminary plat and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Barb Ross 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. Linda Lund, 4930 Normandy Place, stated she has a good neighbor that needs to replace her garage and the process seems overwhelming to both of them, the cost is very prohibitive; feels that if her garage is moved it will fall to pieces; and asked if it could be written that if the garage is ever replaced that at that point it be brought into conformance with the building codes. The Mayor closed the public hearing. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to approve the preliminary plat for 4930 and 4940 Normandy Place, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The Certificate of Survey submitted by the applicants, dated January 29, 2987 shall become a part of this approval. Upon a roll call vote, the vote was as follows; Regular Meeting of the City Council July 2, 2002 Page 5 Public Hearinq - Preliminarv Plat Approval - 4930 and 4940 Normandv Place - Continued GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES MOVED by Johnson, seconded by Grayson and motion carried unanimously to direct staff to pursue with the City Attorney the possibility of structuring an agreement that is binding between the property owners at 4930 and 4940 Normandy Place that if the garage is rebuilt at 4930 Normandy Place it be legally conforming. Public Hearinq - Ordinance #270 - Conditional Use Permit No. 98-75 - Amendment #1 - 905 Hampshire Avenue South The following ordinances were MOVED by Johnson, seconded by Grayson: ORDINANCE NO. 270, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No 98,75, Amendment #1 905 Hampshire Avenue South Borton Volvo, Applicant David Constable, Architect representing the Applicant, reviewed the proposed plan and answered questions from the Council. Rick Groger, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development 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. MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve Ordinance #270, 2nd Series, addition condition #11. That Phase 2 be subject to the building codes that are valid at the time of construction. 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 July 2, 2002 Page 6 Public Hearinq - Preliminarv Desiqn Plan Approval - Amendment #1 - PUD #65 - Golden Vallev Center Addition (8224 Olson Memorial Highwav) MOVED by Tremere, seconded by Grayson and motion carried unanimously to bring the item on the agenda. Mark Grimes, Director of Planning and Development, requested this item be continued to the August 5, 2002 meeting, and send a letter to extend the time period to consider the plan until September 10, 2002. William Joynes 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 continue consideration of the preliminary design plan, amendment #1, PUD #65, Golden Valley Center Addition until the City Council meeting of August 5, 2002. 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 Grayson and motion carried unanimously to authorize the Director of Planning and Development to send a letter to TCF and Trach Properties extending the time period allowed by state law for consideration of the preliminary design plan until September 10, 2002. Announcements of Meetinqs The Laurel Avenues Businesses will be hold a meeting on the "Sights and Sounds of the Golden Valley City Government" on July 9, 2002 at Liberty Carton at 5:30 p.m. The next Housing and Redevelopment Authority meeting is July 9, 2002 at 7:00 p.m. The next Council/Manager meeting is July 9, 2002 at 7:30 p.m. Mayor Loomis requested that a representative from the League of Minneosta Cities attend the meeting to discuss the open meeting law. The next City Council Meeting is July 16, 2002 at 6:30 p.m. A Bassett Creek Water Management Commission meeting will be held on July 18, 2002 at noon. The Council will meet with Personnel Decisions International on July 15, 2002 at 7:00 p.m. Regular Meeting of the City Council July 2, 2002 Page 7 Announcements of Meetinqs - Continued The Council will meet with members of the Board of Zoning Appeals along with other applicants for board/commission vacancies on July 29, 2002 beginning at 6:00 p.m. Mavor and Council Communications Council Member Johnson showed the award given to William Joynes from the Rotary Club as its 2002 Golden Valley Citizen of the Year; acknowledge him being named as WCCO Good Neighbor Award on June 25, 2002; and outlined many of his accomplishments. The Council expressed appreciation to William Joynes. Mayor Loomis stated the Minneapolis Park and Recreation Board is assembling a Citizens Advisory Committee for Theodore Wirth Beach Redevelopment and is looking for a representative from the City. The Council will forward the letter to the Open Space and Recreation Commission for their review and to request a member serve as our representative on the Committee. Mayor Loomis stated the deadline was June 29, 2002 the city has received 48 applications for the City Manager position. Acknowledqement of Leaque of Minnesota Cities Achievement Award in Public Safety Cateqory William Joynes showed the League of Minnesota Cities award presented to the City for the 2002 Public Safety City Achievement Award. Mr. Joynes requested those employees who were present come forward Cheryl Weiler, Communications Coordinator, Mark Kuhnly, Fire Chief, Sarah Larson, Fire Department Education Specialist; and Judy Smith, Administrative Assistant. Mark Kuhnly reviewed the recruitment program and answered questions from the Council. The Council expressed appreciation to the staff. 2003 Budqet Preparations Council Member Tremere suggested that staff provide various 2003 budget scenarios and the possibility of having a preliminary hearing at the last meeting in August. William Joynes answered questions from the Council. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to present a budget scenario in addition to what ever staff is proposing that the net effect of the general fund levy would be no greater than 2002 and staff can take into account new construction. Regular Meeting of the City Council July 2, 2002 Page 8 Adiournment MOVED by LeSuer, seconded by Grayson and motion carried unanimously to adjourn the meeting at 9:08 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant