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10-01-02 CC Minutes unsigned Regular Meeting of the City Council October 1, 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 October 1, 2002 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. *Letter from Paula Watkins Reqardinq Resiqnation from Northwest Hennepin Human Services Council Advisorv Commission Mayor Loomis read the letter received and will look through the board/commission applications on file for possible appointment and report back to the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the letter from Paula Watkins, dated September 20, 2002 regarding her resignation from the Northwest Hennepin Human Services Council Advisory Commission and request the Mayor send her a letter of appreciation in recognition for her service to the community. Approval of Minutes: The minutes for the September 3, 2002 meeting will be approved at the next City Council meeting. Approval of Aqenda MOVED by LeSuer, seconded by Grayson and motion carried unanimously to approve the agenda of October 1, 2002 as amended: Mayor and Council Item - Human Services Foundation. Regular Meeting of the City Council October 1, 2002 Page 2 Approval of Consent Aqenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda indicated by an asterisk, as amended: Removal of Organizational Item: Licenses: Gambling License Exemption and Waiver of Notice Requirement - Ladies Auxiliary to Veterans of Foreign Wars #7051; and Gambling License Application to Conduct Excluded Bingo - Sons of the American Legion Post #523; and Removal of Minutes of Boards and Commission - Joint Water Commission - April 3, April 10, and August 19, 2002 and Environmental Commission - August 26, 2002. *Approval of Check Reqister MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the general business licenses as recommended by staff. Gamblinq License Exemption and Waiver of Notice Requirement - Ladies Auxiliarv to Veterans of Foreiqn Wars #7051 and Gamblinq License Application to Conduct Excluded Binqo - Sons of the American Leqion Post #523 Council Member Tremere had questions regarding the waiver of the notice requirement. William Joynes answered questions from the Council. MOVED by Tremere, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Ladies Auxiliary to Veterans of Foreign Wars #7051 and gambling license application to conduct excluded bingo for the Sons of the American Legion Post #523. *Solicitor's License - AAA Animal Humane Societv MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the solicitor's license for AAA Animal Humane Society. *Minutes of Boards and Commissions MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - August 26, 2002 Board of Zoning Appeals - August 27, 2002 Regular Meeting of the City Council October 1, 2002 Page 3 Minutes of Boards and Commissions - Joint Water Commission - April 3, April 10, and Auqust 19, 2002 Council Member Grayson had questions regarding the report outlining the options on providing water to the residents. William Joynes answered questions from the Council. MOVED by Grayson, seconded by Johnson and motion carried unanimously to receive and file the Joint Water Commission meeting minutes of April 3, April 10, and August 19, 2002. Minutes of Boards and Commissions - Environmental Commission -Auqust 26, 2002 Council Member LeSuer had questions regarding their input into the Bassett Creek Watershed Management Commission's Second Generation Plan and will attend the next Environmental Commission. William Joynes answered questions from the Council. MOVED by Grayson, seconded by LeSuer and motion carried unanimously to receive and file the Environmental Commission minutes of August 26, 2002. Public Hearinq - Comprehensive Plan General Land Use Plan Map Amendments - 2510 Mendelssohn Avenue North and 917 North Lilac Drive MOVED by LeSuer, seconded by Grayson to move the item on the agenda. 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. Tim Cornilious, Patsy Lane, saw the public hearing notice in the newspaper and wanted to know if this will affect the tower in his neighborhood; and wanted to know if the antenna will be changing. The Mayor closed the public hearing. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-58 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATION AT 2510 MENDELSSOHN AVENUE NORTH Regular Meeting of the City Council October 1, 2002 Page 4 Public Hearinq - Comprehensive Plan General Land Use Plan Map Amendments - 2510 Mendelssohn Avenue North and 917 North Lilac Drive - Continued 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. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Rick Groger, Planning Commission presented the Planning Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Neal Blanchett, Larkin-Hoffman, representing KQRS, stated they have antennas on the property now; does not object to the rezoning and comprehensive plan changes as long as they could amend their PUD, they want to preserve the ability in the future to use the property in a way that suits their needs for broadcasting. The Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-59 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATION AT 917 LILAC DRIVE NORTH 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 1, 2002 Page 5 Public Hearinq - Ordinance #271 - Telecommunications Towers and Antennas, Repealinq Open Development Zoninq District and Radio and Television Zoninq Districts; Rezoninq to Commercial Zoninq District - 2510 Mendelelssohn Avenue North, Rezoninq to Liqht Industrial Zoninq District - 917 North Lilac Drive and Rezoninq to Industrial Zoninq District P.I.D. 19-029-24-13-0016 (Behind 4680 Olson Memorial Hiqhway) The following ordinances were MOVED by Tremere, seconded by LeSuer: ORDINANCE 271, 2ND SERIES AN ORDINANCE TO THE CITY CODE Amending Chapter 11 by Adding Provisions Regarding Telecommunication Towers and Antennas; Repealing Section 11.20 Open Development Zoning District and Repealing Provisions Regarding the Radio and Television Zoning District; Rezoning Parcels Located at 2510 Mendelssohn Avenue North, 917 North Lilac Drive, and P.I.D. No. 19-029-24-13-0016 Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Rick Groger, Planning Commission presented the Planning Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Neal Blanchett, Larkin-Hoffman, representing KQRS, wanted to make sure the ordinance provides for protection for non-conforming uses as well as it does for an approved use. The Mayor closed the public hearing. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve Ordinance #271, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES Public Hearinq - Special Assessments Jeannine Clancy and Don Taylor reviewed the assessment rolls and answered questions from the Council. Mark Grimes, Director of Planning and Development and Allen Barnard answered questions from the Council. 2002 PMP - South Tyrol Hills Area The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council October 1, 2002 Page 6 Public Hearinq - Special Assessments - Continued Linda Ahlberg, 4440 Tyrol Crest, stated they bought the property and two additional lots adjacent to their property and got approval from the Planning Commission to combine all three lots; stated that some of the neighbors objected to the tennis court they wanted to build so they did not follow through with the combining of the lots based upon the recommendation from city staff; feels that they should be assessed for only one lot instead of three and that one of the lots is now unbuildable because of building of the frontage road Grace Hammond, 1510 Natchez Avenue South, asked if the streets are to be completed this fall and stated she usually doesn't pay for something until the project is done. The Mayor closed the public hearing. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 02-60 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 2002 PAVEMENT MANAGEMENT PROGRAM 02-2 SOUTH TYROL HILLS AREA 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. 2001 PMP - Country Club Drive 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 Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-61 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 2001 PAVEMENT MANAGEMENT PROGRAM 01-2 COUNTRY CLUB DRIVE, RHODE ISLAND AVENUE NORTH TO DOUGLAS DRIVE Regular Meeting of the City Council October 1, 2002 Page 7 Public Hearinq - Special Assessments - Continued 2001 PMP - Country Club Drive - 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. 2002 PMP- Unity Avenue North Area The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mike Checko, 2163 Unity Avenue North, stated he lives in a double bungalow and stated he has only one lot and sewer and water bill, only assessed one property tax, he can't divide the lot, has only one sewer line; and stated the special assessment is doubled and feels his lot should only be assessed for one lot instead of two assessments as his property is not large enough to be subdivided. Ruth Albrecht, 2025 Unity Avenue North agrees with what the previous speaker says because her lot is the same as 2163 Unity Avenue North. Elizabeth Shannon, 2165 Unity Avenue North, stated she received the letter and only had two months to save the money for the assessment; had questions regarding partial payment of the assessment and wanted to know the process for paying the assessment early. The Mayor closed the public hearing. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-62 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 2002 PAVEMENT MANAGEMENT PROGRAM 02-2 UNITY AVENUE NORTH AREA 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, 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 1, 2002 Page 8 Public Hearinq - Special Assessments - Continued Residential Street Lighting - RSL 228 Nachez Avenue South The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Brian Cosgrove, 1505 Natchez Avenue North, doesn't want the streetlight, asked why does it have to be in his front yard when he doesn't even want it, and suggested putting the light in front of one of the peoples homes who wants the light. The Mayor closed the public hearing. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-63 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS RSL 228 RESIDENTIAL STREET LIGHTING NATCHEZ AVENUE SOUTH, WAYZATA BOULEVARD TO DOUGLAS DRIVE SOUTH 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. Delinquent Utility Billing 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 02-64 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, 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 1, 2002 Page 9 Public Hearinu - Special Assessments - Continued Miscellaneous Charges 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 02-65 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, 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. Public Hearinq - First Consideration - Ordinance #272 - Siqn Permits and Requlations and Advertisinq Benches The following ordinance was MOVED by Johnson, seconded by LeSuer for first consideration: ORDINANCE NO. 272, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 4, "Construction, Signs, and Land Reclamation Permits and Regulations" Provisions relating to the amendment of Section 4.20 "Sign Permits and Regulations" and Chapter 6 "Other Business Regulation and Licensing" Provisions Relating to Section 6.42 "Benches - Advertising" and Chapter 11 "Zoning Code" Provisions Relating to Sign Requirements Mark Kuhnly, Chief of Fire and Inspection Services, reviewed the ordinance and answered questions from the Council. William Joynes and Mark Grimes, Director of Planning and Development 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 1, 2002 Page 10 Public Hearinq - First Consideration - Ordinance #272 - Siqn Permits and Requlations and Advertisinq Benches - Continued MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #272, 2nd Series as amended. Upon a roll call vote, the vote was as follows: GRAYSON - YES LESUER - YES LOOMIS - YES JOHNSON - YES TREMERE - YES MOVED by Tremere, seconded by Grayson and motion carried unanimously to amend Ordinance #272, 2nd Series as follows: Subdivision 4(E) by adding advertising before murals. MOVED by LeSuer, seconded by Tremere and motion carried unanimously to amend Ordinance #272, 2nd Series as follows: Subdivision 81(1) by adding "s" after sign. MOVED by LeSuer, seconded by Tremere and motion carried unanimously to amend Ordinance #272, 2nd Series as follows: Subdivision 15(2)(A) by adding "tobacco" after beer. *Approvinq Appointment of Election Judqes for General Election Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-66 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD ON NOVMEBER 5, 2002 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. *Authorization to Siqn Aqreement with Hennepin Countv for Reconstruction of Winnetka Avenue North Retaininq Walls Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-67 RESOLUTION AUTHORIZING AGREEMENT NO. PW 39-13-02 BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY RELEVENT TO PARTICIPATION IN THE RECONSTRUCTION OF RETAINING WALLS ALONG WINNETKA AVENUE NORTH (CSAH 156) Regular Meeting of the City Council October 1, 2002 Page 11 *Authorization to Siqn Aqreement with Hennepin Countv for Reconstruction of Winnetka Avenue North Retaininq Walls - Continued 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. Adoption of Policies: Sidewalk and Trail and Pedestrian Siqnal Jeannine Clancy introduced the agenda item and answered questions from the Council. William Joynes answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-68 RESOLUTION ADOPTING THE REVISED SIDEWALK AND TRAIL POLICY 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-69 RESOLUTION ADOPTING THE PEDESTRIAN SIGNAL POLICY 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. Call for Public Hearinq - Special Assessments - Meadow Lane North - 10/15/02 Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to call for a public hearing for special assessments for the pavement management program for Meadow Lane North area for October 15, 2002. Regular Meeting of the City Council October 1, 2002 Page 12 *Quotes - Drinkinq Fountains at Park Shelter Buildinqs MOVED by LeSuer, seconded by Johnson and motion carried unanimously to purchase and install thirteen drinking fountains at park shelter buildings, from the lowest responsible bidder, Gary Ford Plumbing for$26,300.00. The quotes are as follows: Gary Ford Plumbing $26,300.00 Meinsinger Construction 33,280.00 Announcements of Meetinqs The Housing and Redevelopment Authority meeting is October 8, 2002 at 7:00 p.m. The Council/Manager meeting is October 8, 2002 at 7:30 p.m. A budget workshop will be held on October 9, 2002 at 6:30 p.m. The City Council meeting will be held on October 15, 2002 at 6:30 p.m. The Bassett Creek Water Management Commission will be held on October 17 2002 at noon. A budget workshop will be held on October 29, 2002 at 6:30 p.m. The next City Council meeting will be held on Monday, November 4, 2002 at 6:30 p.m. Mayor and Council Communications Mayor Loomis stated she has received a letter from the City of Plymouth withdrawing their funding support for the Northwest Hennepin Human Services Council. The Metropolitan Council is redistricting and is looking for comments to be submitted by October 10, 2002. The Council will discuss this at the Council/Manager meeting on October 8, 2002. Set Date for Council Workshop The Council set October 10, 2002 at 7:00 p.m. as a Special City Council meeting to discuss appointment of the City Manager. Human Services Foundation Council Member Johnson reported that $9,600 was raised for human services and thanked Sue Virnig, staff liaison and the Foundation members and volunteers for their help in making the event a success. Regular Meeting of the City Council October 1, 2002 Page 13 Adjournment The Mayor adjourned the meeting at 9:49 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant