08-06-01 CC MinutesRegular Meeting
of the
City Council
August 6, 2001
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 August 6, 2001 at 6:30 p.m.
The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks.
Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary.
Citizen Input
Mayor Anderson introduced the agenda item.
Dana Perkins, 2121 Regent Avenue North, is requesting the joint project with MnDOT to
build two water detention ponds on Westbend Road and Regent be stopped because he
feels the project will result in the loss of property values, attract geese, collect trash,
increase the risk of flooding to surrounding property, overlooks the value of existing trees,
and the cost of the project keeps increasing, and submitted a neighborhood petition to stop
the project.
Jeannine Clancy answered questions from the Council.
Dave Osberg, 2237 Noble Avenue North, stated he was disappointed with the response he
received from the City regarding the removal of trash that was left after an estate sale at
2147 Noble Avenue North.
William Joynes answered questions from the Council.
Mayor Anderson stated that staff will develop a response to their questions and a response
will be sent to them.
The Mayor continued the meeting.
*Letter from Mahlon Swedberg Regarding Resignation from Board of Zoning Appeals
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the letter from Mahlon Swedberg, dated July 24, 2001 regarding resignation from the
Board of Zoning Appeals and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
Regular Meeting of the City Council
August 6, 2001
Page 2
Approval of Minutes: City Council Meeting - July 17, 2001
MOVED by LeSuer, seconded by Bakken and motion carried unanimously to receive and
file the City Council meeting minutes of July 17, 2001 as amended: 01-15 - Watermain
Replacement - Unity Avenue North, Minnaqua Drive to T.H. 100 - Receive Feasibility
Study, Order Construction and Authorize Advertisement for Bids - Resolution 01-44 -
Member LeSuer introduced the resolution.
Approval of Agenda
MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the
agenda of August 6, 2001 as amended: Addition of Mayor and Council Items - HOV Lanes
on 1-394.
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 (*), as submitted.
Mayor Anderson read the items listed on the consent agenda.
*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 and Heating Licenses
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the issuance of license #277 - #281 and #7515 - #7520.
*Fireworks Permit - General Mills
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
fireworks display for General Mills main headquarters building in conjunction with their
employee picnic on August 15, 2001 with a rain date of August 16, 2001.
*Solicitor's License - Freedom Place, Inc.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
solicitor's license for Freedom Place, Inc.
Regular Meeting of the City Council
August 6, 2001
Page 3
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the minutes received as follows:
Joint Water Commission - January 10, and April 25, 2001
Environmental Commission - June 25, 2001
Planning Commission - July 9, 2001
Human Rights Commission - June 14, 2001
Bassett Creek Water Management Commission - May 7, 2001
Continued Public Hearing - Ordinance #256 - Zoning Voting Requirements
The following ordinances were MOVED by Bakken, seconded by Johnson:
ORDINANCE NO. 256, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Provide Majority Vote for Most Rezoning and Related Matters
Allen Barnard introduced the agenda item and answered questions from the Council. Mark
Grimes, Director of Planning and Development, presented the Planning Commission report
and reviewed the ordinance 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.
Hugh Maynard, 1420 Spring Valley Road, requested the Council vote against the change
of the voting requirements for PUDs, feels the Council should answer if the recent law
mandates the change and questioned if it is sound public policy to retain the 2/3 voting for
PUD's, feels the change adopted by the Legislature doesn't mandate a change to the City
Code; stated that PUD's are permits not rezoning; and reviewed the history of PUD's within
the City.
Dave Fellman, 1840 St. Croix Circle, stated the Council could have changed the voting
requirements at any time within the last 30 years, feels it has been a good policy and he
would like to see the policy maintained for a super majority for approval of PUDs, feels that
if the ordinance is amended it should be done after a new Council is elected this fall.
Regular Meeting of the City Council
August 6, 2001
Page 4
Continued Public Hearing - Ordinance #256 - Zoning Voting Requirements -
Continued
Linda Loomis, 6677 Olson Memorial Highway, doesn't have a problem with changing the
requirements for approvals for rezonings, but does have a problem with amending the
requirements for PUDs; look at the history of our city, feels that PUDs exempt developers
from some of the restrictions or regulations of the underlining zoning, that most of the
redevelopment has been done as PUD's and there should be an extra careful
consideration of this kind of development if the voting requirements change to a simple
majority.
Glen Halgeson, 901 Parkview Terrace, if PUD grants more flexibility then we should make
sure we are doing the right thing and there is a potential conflict of interest in Council
Members; 2/3 majority guards against that; variances are given in PUD's, why are we in a
mandate to go to a majority, encourage the Council to look carefully at the change and
feels the decision is being made too quickly,
Marshall Tannick, 1230 Angelo Drive, feels the City does not have to be the first City to
change their code based upon the new state law.
The Mayor closed the public hearing.
MOVED by Johnson, seconded by Bakken and motion carried to approve Ordinance #256,
2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - NO MICKS - NO
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
beer and/or wine at Brookview Park.
Authorization to Sign Contract with Short Elliott Hendrickson for Flood Damage
Reduction Study and Authorization to Sign Flood Hazard Mitigation Grant Agreement
with DNR
Jeannine Clancy introduced the agenda item and answered questions from the Council.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the Mayor and City Manager to sign the contract with Short Elliott Hendrickson to perform a
Flood Damage Reduction Study for a cost not to exceed $40,710.00.
Regular Meeting of the City Council
August 6, 2001
Page 5
Authorization to Sign Contract with Short Elliott Hendrickson for Flood Damage
Reduction Study and Authorization to Sign Flood Hazard Mitigation Grant Agreement
with DNR - Continued
MOVED by Bakken, seconded by Johnson and motion carried unanimously to authorize
the Mayor and City Manager to enter into a Flood Hazard Mitigation Grant Agreement with
the Minnesota Department of Natural Resources.
Member LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 01-47
RESOLUTION AUTHORIZING FLOOD HAZARD MITIGATION GRANT AGREEMENT
BETWEEN THE CITY OF GOLDEN VALLEY
AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
The motion for the adoption of the foregoing resolution was seconded by Member Bakken
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson, LeSuer, and Micks; 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.
Announcements of Meetings
The next City Council meeting is August 21, 2001 at 6:30 p.m.
The next Council/Manager Meeting is August 14 ,2001 at 5:30 p.m.
The next Housing and Redevelopment Authority Meeting is August 14, 2001 at 7:00 p.m.
Mayor Anderson informed the Council about a seminar entitled Your Cities Families,
sponsored by the National League of Cities which will be held in Minneapolis on
September 19-22, 2001. Mayor Anderson contacted both school districts to see if they
were interested in attending. She plans on attending the seminar and requested that any
Council Member inform staff if they plan to attend.
Mayor and Council Communications
Jeannine Clancy updated the Council on the process for notifying residents of a sewage
spill like the one that occurred in Minnehaha Creek.
Regular Meeting of the City Council
August 6, 2001
Page 6
Approval of Guidelines for Advisory Commission, Committees, Boards and Councils
Mayor Anderson introduced the agenda item and answered questions from the Council.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adopt the
Guidelines for Advisory Commission, Committees, Boards and Council as amended:
Add to III. Commission Organization and Procedures, A., third paragraph: If a Commission
feels there are extenuating circumstances in a case of a member who has not met the
attendance requirements, the Commission may send a letter to the Council explaining the
situation and request an exception.
Registration for NLC Congress of Cities Conference - 12/4/01 to 12/8/01
Mayor Anderson requested that any Council Members who wish to attend the NLC
Congress of Cities Conference notify staff as soon as possible.
HOV Lanes on 1-394
Mayor Anderson introduced the agenda item and answered questions from the Council.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously that the
Golden Valley City Council affirms its commitment to maintaining the 1-394 HOV lanes for
transit only (buses and 2 or more person carpools). We oppose opening the HOV lanes for
single passenger cars. We direct the Mayor to communicate this position to all appropriate
individuals and agencies.
Adjournment
MOVED by Johnson, seconded by Bakken and motion carried unanimously to adjourn the
meeting at 8:05 p.m.
OR
'l. - on, •
ATTEST:
ugly Nall , Administrativ Secretary