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02-03-09 CC Minutes Regular Meeting of the City Council February 3, 2009 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 February 3, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Jeanne Andre, Assistant City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis requested this item be removed from the agenda. Proclamation for oneairloneride Dav E'leese Madgett-Manrique updated the Council on her project and her goals. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt the Percolation for onegirloneride Day. Mayor Loomis presented the Proclamation to E'leese Madgett-Manrique. The Council wished her success. E'leese Madgett-Manrique and Kerry Madgett thanked the Council for their support. Approval of Aaenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of February 3,2009 as amended: Removal of Board/Commission Oath of Office and Presentation of Certificate of Appointment and addition of Reset Date for City Council Annual Workshop. Approval of Consent Aaenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of February 3, 2009 as submitted. * Approval of Minutes - City Council Meetina - January 20, 2009 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of January 20, 2009 as submitted. Regular Meeting of the City Council February 3, 2009 Page 2 *Bills and Claims MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gamblina License Exemption and Waiver of Notice Requirement - Church of Christ the Kina MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of Christ the King *Gamblina License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota MOVED by Shaffer, seconded by Freiberg_and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Open Arms of Minnesota. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - January 12, 2009 Environmental Commission - November 24, 2008 *Support for Fundina Request bv Five Cities Senior Transportation Proiect from 2009 Consolidated Pool - Urban Hennepin County Community Development Block Grant Proaram Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-8 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2009 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 February 3, 2009 Page 3 * Authorization to Sian Patrol Officer (LELS Local 27) Aareement MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager sign the 2009 Patrol Officer agreement. Public Hearina - Comprehensive Plan - Surface Water Manaaement Plan Element Jeannine Clancy introduced the agenda item. Allen Barnard answered questions from the Council. Karen Chandler, Barr Engineering, presented a PowerPoint presentation on the element 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. Member Pentel introduced the following resolution and moved its adoption, as amended: include the Planning Commission comments. RESOLUTION 09-9 RESOLUTION ADOPTING THE SURFACE WATER MANAGEMENT PLAN ELEMENT OF THE GOLDEN VALLEY COMPREHENSIVE PLAN The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 Hearina - Ordinance #414 - Conditional Use Permit 09-124 -721 Hampshire Avenue South -Imola Motors ports , Kevin Tan, Applicant The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 414, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 09-124 721 Hampshire Avenue South Imola Motorsports, Kevin Tan, Applicant Kevin Tan, Applicant reviewed the permit and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff and Planning Commission report and answered questions from the Council. Regular Meeting of the City Council February 3, 2009 Page 4 Public Hearina - Ordinance #414 - Conditional Use Permit 09-124 -721 Hampshire Avenue South - Imola Motorsports, Kevin Tan, Applicant - Continued 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 Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #414, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearina - Ordinance #415 - Paved Surfaces/Patio Setback Reauirements- Sinale Family (R-1) Zonina District The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 415, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.21 Regarding Paved Surfaces/Patio Setback Requirements in the Single Family (R-1) Zoning District Joe Hogeboom, City Planner, 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 Freiberg, seconded by Scanlon and motion carried unanimously to approve Ordinance #415, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearina - Ordinance #416 - Buildina Heiaht Definition Joe Hogeboom, City Planner, 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. Regular Meeting of the City Council February 3, 2009 Page 5 Public Hearina - Ordinance #416 - Buildina Heiaht Definition - Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continued consideration of Ordinance #416, Building Height Definition to the March 3,2009 Council Meeting. Second Consideration - Ordinance #413 - Amendment to 2009 Fee Schedule - Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE NO. 413, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #412, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Reset Date for City Council Annual Workshop Mayor Loomis introduced the agenda item. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to to direct staff to reschedule the February 7 Annual Workshop to Saturday, March 14, at 9 am at the Brookview Grill. Staff was requested to contact the Ken Landro and League of Women Voters to let them know of the meeting change. Announcements of Meetinas Some Council Members may attend the Legislative Breakfast on February 7, 2009 at 9 am at the Crystal City Hall. The Douglas Drive Task Force will meet on February 10, 2009 at 7:15 am at City Hall. The next Council/Manager meeting will be held on February 10, 2009 at 6:30 pm. Regular Meeting of the City Council February 3, 2009 Page 6 Announcements of Meetinas - Continued The City Offices are closed on Monday, February 16, 2009 in observance of President's Day. The next City Council meeting will be held on February 17, 2009 at 6:30 pm. A Bassett Creek Water Management Commission will be held on February 19, 2009 at 11:30am. Mavor and Council Communications Mayor Loomis stated there will a Perpich Day at the Capital on February 9, 2009 from 10 am to 2 pm in the Rotunda of the capital building. Adiournment The Mayor adjourned the meeting at 7: 35 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant