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12-17-02 CC Minutes unsigned Regular Meeting of the City Council December 17, 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 December 17, 2002 at 6:30 p.m. The following members were present: Grayson, Johnson, LeSuer, Loomis, and Tremere. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Citizen Input Jay Hansen, 6033 Duluth Street, speaking on behalf of King of Grace Church and School, 6000 Duluth Street, stated the Church is in the process of developing a sign to replace the existing sign and when they went in to get the permit they were told the code was changed and electronic messaging signs were prohibited now, but t hey c ould u se t he s ign i f t he message changed only once every 24 hours, feels the new code is too restrictive; he also stated he had sent a letter to the Council and wanted to know if his request was considered by the Council and would like to meet with the Council to come to a solution. The Council directed staff to prepare a letter, which addresses the issues outlined in the letter he sent to the Council. The Mayor continued the meeting. *Letter from Marv Anne Moore Reqardina Resiqnation from Human Services Foundation MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the letter from Mary Anne Moore, dated November 26, 2002, regarding resignation from Human Services Foundation; and request the Mayor send her a letter of appreciation in recognition of her service to the community. Approval of Minutes: Citv Council Meetinq - November 19, 2002 and Council/Manaqer Meetinq - December 10. 2002 MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the City Council meeting minutes for November 19, 2002 as amended: Announcements of Meetings - the budget workshop is November 26, 2002 and the Council/Manager meeting minutes of December 10, 2002 as submitted. Mayor Loomis reviewed the Council/Manager Meeting minutes of December 10, 2002. Regular Meeting of the City Council December 17, 2002 Page 2 Approval of Aqenda MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the agenda of December 17, 2002 as amended: Addition of Organizational Item - General Business License - add license #660. Approval of Consent Aqenda 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 Organizational Item - Approval of Check Register; and Departmental Items - Authorization to Sign Sanitarian Contracts; Setting Employee Mileage Reimbursement Rate Consistent with IRS Rules; and Authorization to Sign Agreement with Rondoni & Schneider Ltd. for Prosecuting Attorney Services; and Manager's Item - Approval of General Wages and Salaries for 2003 for Non-Union Personnel. *Approval of Check Reqister Council Member Tremere had questions regarding the check register. Don Taylor, Finance Director answered questions from the CounciL MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the payment of the bills as submitted. *General Business MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Fireworks Permit - Sweenev Lake Association MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the fireworks permit for the Sweeney Lake Association for January 1, 2003. *City Gamblinq Licenses MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve the city gambling licenses listed as follows: #18094 - Chester Bird American Legion; #18095 - Golden Valley VFW Post #7051; #18096 - Minnesota Youth Athletic Services and #18097 - The Church of St. Maron. Regular Meeting of the City Council December 17, 2002 Page 3 *Minutes of Boards and Commissions MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - November 14, 2002 Board of Zoning Appeals - September 24 and October 22, 2002 Planning Commission - December 11, 2002 Public Hearinq -Adoption of 2003 Budqet Resolutions Don Taylor, Finance Director, reviewed the 2 002 B udget a nd resolutions a nd a nswered questions from the Council. 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. Don Anderson, 3030 Scott Avenue North, Secretary, Golden Valley Historical Society, asked the Council to reconsider providing financial support to the Historical Society; he outlined the amount of funds received from the City in the past as well as where the funds were s pent; h e r eviewed s ome o f t he m ajor e xpenses o f t he H istorical S ociety s uch a s connecting to the city sewer, fire and insurance coverage, installation of an accessibility ramp, exterior painting and preparation; repairs to the furnace system; he stated the Historical Society has received grants from the State Historical Society and that they are in the process of applying for additional s tate f unding; s tated t hey w ould u se t he f unds t o install two handicapped bathroom facilities and are waiting for the submission of bids from three contractors; feels that residents would like to contribute to keeping the facility available and learn about the city. John Richter, 1915 Kyle Place, stated that the reason he moved to the City was because three years ago the City was rated number one by a national organization; feels it is because of the educational level, income level, closeness to the central city, residents own their own homes; feels that one of the reasons people move to the city is because of the activities its promotes. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve $10,000 for the Historical Society with funds coming from the Motor Vehicle Licensing Fund. MOVED by Tremere, seconded by LeSuer and motion carried to amend the foregoing motion to approve $5,000 for the Historical Society for the installation of handicapped accessible restrooms and contingent upon the Historical Society matching the $5,000 with the funding coming from the Motor Vehicle Licensing Fund. Regular Meeting of the City Council December 17, 2002 Page 4 Public Hearinq -Adoption of 2003 Budget Resolutions - Continued Upon a roll call vote, the vote was as follows: GRAYSON - NO JOHNSON - NO LESUER - YES LOOMIS - YES TREMERE - YES MOVED by Johnson, seconded by Grayson and motion carried unanimously to amend the foregoing motion to approve $7,500 for the Historical Society for the installation of handicapped accessible restrooms and contingent upon the Historical Society matching the $7,500 with the funding coming from the Motor Vehicle Licensing Fund. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-82 RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA AUTHORIZING A NET TAX LEVY FOR 2003 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 02-83 RESOLUTION ADOPTING THE 2003 BUDGET OF THE GENERAL FUND 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-84 RESOLUTION ADOPTING THE 2003 BUDGET OF THE WATER AND SEWER UTILITY 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. Regular Meeting of the City Council December 17, 2002 Page 5 Public Hearinq -Adoption of 2003 Budqet Resolutions - Continued Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 02-85 RESOLUTION ADOPTING THE 2003 BUDGET OF THE BROOKVIEW GOLF FUND 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 Grayson introduced the following resolution and moved its adoption, as amended: RESOLUTION 02-86 RESOLUTION ADOPTING THE 2003 BUDGET OF THE MOTOR VEHICLE LICENSING FUND 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-87 RESOLUTION ADOPTING THE 2003 BUDGET OF THE CONSERVATION/RECYCLING 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-88 RESOLUTION ADOPTING THE 2003 BUDGET OF THE STORM SEWER UTILITY FUND Regular Meeting of the City Council December 17, 2002 Page 6 Public Hearinq -Adoption of 2003 Budqet Resolutions - 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 02-89 RESOLUTION ADOPTING THE 2003 BUDGET OF THE HUMAN SERVICES FOUNDATION 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 Johnson introduced the following resolution and moved its adoption: RESOLUTION 02-90 RESOLUTION ADOPTING THE 2003 BUDGET OF THE ELECTRONIC COMMUNICATION FUND 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. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-91 RESOLUTION ADOPTING THE 2003 BUDGET OF THE VEHICLE MAINTENANCE 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. Regular Meeting of the City Council December 17, 2002 Page 7 Public Hearinq - Ordinance #274 - Drive-In Facilities in Liqht Industrial Zoninq District The following ordinances were MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 274, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11 Allowing Drive-In Bank Facilities as a Conditional Use in the Light Industrial Zoning District Mark Grimes, Director of Planning and Development, introduced the agenda items and answered questions from the Council. Don Keysser, Planning Commissioner, presented the 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve Ordinance #274, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Continued Public Item - Appeal of Board of Zoninq Appeals Decision - 2495 Quail Avenue North Mayor Loomis introduced the agenda item. Mark Grimes, Director of Planning and Development stated the applicant did contact the City Planner and indicated he would be at the meeting. Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to affirm the Board of Zoning Appeals decision and that it make findings and determinations that he did not make his case within the thirty day time period as outlined in the City Code. *Receipt of November 2002 General Fund Budqet Report MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the November 2002 general fund budget report. Regular Meeting of the City Council December 17, 2002 Page 8 Authorization to Siqn Sanitarian Contracts Council Members Tremere and Grayson had questions regarding the contract. Thomas Burt, Don Taylor, Finance Director and Allen Barnard answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager sign the 2003 Sanitarian Agreements. Settinq Employee Mileaqe Reimbursement Rate Consistent with IRS Rules Council Member Tremere had a question regarding the reimbursement. Thomas Burt answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-92 RESOLUTION SETTING THE EMPLOYEE MILEAGE REIMBURSEMENT RATE CONSISTENT WITH IRS RULES 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 Rondoni & Schneider Ltd. for Prosecutinq Attornev Services Council Member Tremere and Johnson had questions regarding the contract. Bob Hernz, Director of Public Safety answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the legal services agreement with Rondoni & Schneider Ltd. for prosecuting attorney services for January 1, 2003 until December 31, 2004. Approval of General Waqes and Salaries for 2003 for Non-Union Personnel Council Members Tremere and Johnson had questions and comments regarding the salaries. Thomas Burt answered questions from the Council. Regular Meeting of the City Council December 17, 2002 Page 9 Approval of General WaQes and Salaries for 2003 for Non-Union Personnel - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 02-93 RESOLUTION ESTABLISHING GENERAL WAGES AND SALARIES FOR 2003 FOR ALL NON-UNION PERSONNEL 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. First Consideration - Ordinance #275 - Amendment Reqardinq Citv Council Aqenda and Order of Business Thomas Burt introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. The following ordinances were MOVED by Johnson, seconded by Tremere: ORDINANCE NO. 275, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Regarding Agenda and Order of Business MOVED by Tremere, seconded by Johnson and motion carried unanimously to approve Ordinance #275, 2nd Series. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - YES LOOMIS - YES TREMERE - YES Announcements of Meetinqs The Bassett Creek Water Management Commission meeting scheduled for December 19, 2002 has been cancelled. There will be a Legislative Breakfast on January 4, 2003 at 9:00 a.m. at the Crystal City Hall. The next City Council meeting will be held on January 7, 2003 at 6:30 p.m. The next Housing and Redevelopment Authority meeting will be held on January 14, 2003 at 7:00 p.m. Regular Meeting of the City Council December 17, 2002 Page 10 Announcements of Meetinqs - Continued The next Council/Manager meeting will be held on January 14, 2003 at 7:30 p.m. A City Council meeting will be held on January 21, 2003 at 6:30 p.m. A Joint Workshop for Golden Valley, Crystal, New Hope and Joint Water Commission will be held on January 28, 2003 at 7:00 p.m. at Golden Valley City Hall. Mayor and Council Communications Mayor Loomis stated she had received a letter from the City of Plymouth regarding a wellhead protection plan. Receipt of Donation from David Hanson Mayor Loomis introduced the agenda item. Robert Hernz, Director of Public Safety, presented the background of the rescue of David Hanson by use of the frisbuoy and introduced the staff who participated in the rescue effort: Police Officer Joe Dutton, Police Officer Mark Smith, Deputy Fire Chief John Crelly; Fire Lieutenant Steve Yingst; Firefighter Tim Gerrits and Firefighter Dean Crawford. David and Mim Hanson, expressed their appreciation by donating $500 to the Police and Fire Department for their rescue efforts. Adiournment MOVED by Johnson, seconded by Tremere and motion carried unanimously to adjourn the meeting at 8:35 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Secretary