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09-07-10 CC MinutesRegular Meeting of the City Council September 7, 2010 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 September 7, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the agenda of September 7, 2010 as amended: Call for Public Hearing -Vacation of Sanitary Sewer Easement, Platted Utility and Ditch Easements - 500 Cloverleaf Drive - 10/5/10, distribution of amended summary and typo corrections. Approval of Consent Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of September 7, 2010 as submitted. Removal of Second Consideration -Ordinance #448 - Adding a New Section 5.19: Social Host Liability. *Approval of Minutes -City Council Meeting -August 17, 2010 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting of August 17, 2010 as submitted. *Approval of Check Register MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Exemption and Waiver of Notice Requirement -Community Involvement Programs MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Community Involvement Programs. Regular Meeting of the City Council September 7, 2010 Page 2 *Solicitor's License -The Window Store Home Improvements, Inc. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for The Window Store Home Improvements, Inc. *Solicitor's License - Energen Home Solutions/Window Academy MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Energen Home Solutions/Window Academy. *Solicitor's License -Oak Grove Church MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Oak Grove Church. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals -July 27, 2010 Envision Connection Project Board of Directors -July 22, 2010 *Email from Lowell and Norma Hammer Regarding Rain Barrels and Garbage Cans MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the email from Lowell and Norma Hammer, dated August 14, 2010, regarding rain barrels and garbage cans. *Call for Public Hearing -Special Assessments -Delinquent Utility Bills and Miscellaneous Charges -10/5/10 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to call a public hearing for special assessments for delinquent utility bills and miscellaneous charges for October 5, 2010 at 7 pm. *Acceptance of Donation -General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-44 RESOLUTION ACCEPTING DONATION FROM GENERAL MILLS FOUNDATION, COMMUNITY ACTION FUND FOR FIRE DEPARTMENT TRAFFIC SAFETY VESTS Regular Meeting of the City Council September 7, 2010 Page 3 *Acceptance of Donation -General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests -Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. *Receipt of July General Fund Budget Report MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the July 2010 General Fund Budget Report. *Call for Public Hearing -Vacation of Sanitary Sewer Easement, Platted Utility and Ditch Easements - 500 Cloverleaf Drive -10/5/10 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-45 RESOLUTION ESTABLISHING A PUBLIC HEARING ON OCTOBER 5, 2010 TO CONSIDER VACATION OF A SANITARY SEWER EASEMENT, PLATTED UTILITY AND DITCH EASEMENTS AT 500 CLOVERLEAF DRIVE The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. Second Consideration -Ordinance #448 - Adding a New Section 5.19: Social Host Liabili The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE N0.448, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a new Section 5.19: Social Host Liability Council Member Freiberg had questions regarding a parent allowing his child to have alcohol at a family gathering. Allen Barnard answered questions from the Council. Regular Meeting of the City Council September 7, 2010 Page 4 Second Consideration -Ordinance #448 - Adding a New Section 5.19: Social Host Liabili MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt on Second Consideration, Ordinance #448, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES *Board/Commission Appointments MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the following appointments: Envision Connection Project Board of Directors: Lynn Gitelis Cindy Inselmann *Removal of Yield Signs and Establish a Two Way Stop -Intersection of Sumter Avenue North and Phoenix Street Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-46 RESOLUTION TO REMOVE YIELD SIGNS ON PHOENIX STREET AT SUMTER AVENUE NORTH AND TO ESTABLISH A TWO-WAY STOP AT THE INTERSECTION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. *Authorization to Sign Legal Services Agreement with Best & Flanagan MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the legal services agreement with Best & Flanagan, LLP for City Attorney services from January 1, 2011 through December 31, 2015. Regular Meeting of the City Council September 7, 2010 Page 5 *Authorization to Sign 2010 Minnesota Department of Transportation Communi Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-47 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM -HIGHWAY 55 LILAC PLANTING The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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 Hearing -Ordinance #449 -Approval of Conditional Use Permit 129 - 2530 Winnetka Avenue North - Semper Development, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE N0.449, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 129 2530 Winnetka Avenue North Semper Development, Applicant John Kohler, Applicant, introduced the agenda item and answered questions from the Council. Chuck Segelbaum, Planning Commissioner, presented the Commission report. Joe Hogeboom, City Planner, reviewed the Conditional Use Permit and answered questions from the Council. Thomas Burt and Jeannine Clancy 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. Bill Norberg, Golden Valley VFW Post, stated they had no objections to the conditional use permit, stated the Post would like to see the green space kept on the site with a nice border between them and stated they plan on being a good neighbor. Regular Meeting of the City Council September 7, 2010 Page 6 Public Hearing -Ordinance #449 -Approval of Conditional Use Permit 129 - 2530 Winnetka Avenue North - Semper Development, Applicant -Continued The Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt Ordinance #449, 2nd Series as amended: Addition of Condition #10. Snow storage will not be allowed on the site. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES Public Hearing - Preliminary Plat Approval - 2530 Winnetka Avenue North - Semper Development, Applicant Joe Hogeboom, City Planner, reviewed the Preliminary Plat 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 Shaffer, seconded by Freiberg and motion carried to approve the preliminary plat for a lot consolidation for the property at 2530 Winnetka Avenue North, subject to the following conditions: 1. The final plat of the lot consolidation shall be consistent with the preliminary plan submitted with the subdivision application. 2. The conditions found in City Engineer Jeff Oliver's memo, dated June 21, 2010, shall become a part of this approval. 3. The conditions found Deputy Fire Marshal Ed Anderson's memo, dated June 7, 2010, shall become a part of this approval. 4. The conditions found in Hennepin County Director of Transportation and County Engineer James Grube's letter, dated June 15, 2010, shall become a part of this approval 5. A park dedication fee shall be paid at time of final plat approval. The amount of the fee shall be determined by the City Council. 6. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Mayor Loomis voted no. Adopting Proposed 2011 Budget and Proposed Tax Levies Payable in 2011 Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council September 7, 2010 Page 7 Adopting Proposed 2011 Budget and Proposed Tax Levies Payable in 2011 - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-48 RESOLUTION ADOPTING A PROPOSED 2011 BUDGET AND PROPOSED TAX LEVIES PAYABLE IN 2011 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. Set Date for Hearing - 2011-2012 Budget and 2011 Properly Tax Levy -12/7/10 Sue Virnig, Finance Director, introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set the date of the Truth in Taxation Hearing for December 7, 2010 at 7 pm. Declaration of Hazardous Buildings - 700/800 Xenia Avenue South Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered question from the Council. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to order removal of the hazardous buildings at 700/800 Xenia Avenue South and direct staff to proceed pursuant to the order. Authorization to Sign Agreement with City of Edina for Dispatch Services Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the agreement with the City of Edina for dispatch services and operation and maintenance of the emergency communication center. Announcements of Meetings The next Golden Valley Historical Society Meeting will be September 9, 2010 at 7 pm at the Historic Church. Regular Meeting of the City Council September 7, 2010 Page 8 Announcements of Meetings -Continued The Golden Valley Garden Club will hold a Weeding on Winnetka event on September 11 and 12, 2010 from 10 am to noon on the south side of Highway 55. The next Council/Manager meeting will be held on September 14, 2010 at 6:30 pm. A Bassett Creek Watershed Management Commission meeting will be held on September 23, 2010 at 11:30 am. The Golden Valley Historical Society Antique Road Show will be held on September 18, 2010 from 2 to 4 pm at the Woodbury Estates. The next City Council meeting will be held on September 21, 2010 at 6:30 pm. A Bridge Builder meeting for the City's 125th Anniversary will be held on September 22, 2010 at 7 pm. Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 8:45 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant