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06-07-11 CC Minutes Regular Meeting of the City Council June 7, 2011 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 June 7, 2011 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. Board/Commission Oath of Office and Presentation of Certifcate of Appointment Mayor Loomis stated that Jason Boudreau Landis, Board of Zoning Appeals member was unable to attend. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of June 7, 2011 as submitted. Approval of Consent Aqenda MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the consent agenda of June 7, 2011 as submitted. *Approval of Minutes - Council/Manaqer Meetinq -April 12, 2011 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the Council/Manager Meeting minutes of April 12, 2011 as submitted. �`Approval of Check Reqister MOVED by Scanlon, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. �`Solicitor's License - Brand Comqanv Inc. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Brand Company Inc. *Solicitor's License -Associated Construction Inc. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Associated Construction Inc. Regular Meeting of the City Council June 7, 2011 Page 2 *Gamblina License Application to Conduct Excluded Binqo - Sons of the American Leqion Post 523 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post#523. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Environmental Commission -April 25, 2011 Envision Connection Project Board of Directors - March 17, 2011 Joint Water Commission - May 4, 2011 Bassett Creek Watershed Management Commission -April 21, 2011 *Street Stripinq and Markincts - Quotes MOVED by Scanlon, seconded by Pentel and motion carried unanimously to award the bid for street striping and markings to the lowest responsible bidder, Highway Technologies, Inc. for $58,772. The bids are as follows; Highway Technologies, Inc. $58,772 AAA Striping Service Co. $81,432 *Authorization to Siqn Grant Aqreement with Metropolitan Council for Reimbursement of Sanitarv Sewer Related Improvements Council Member Pentel had questions about recouping some of the city costs for improvements to the sanitary sewer system. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the grant agreement with the Metropolitan Council for reimbursement of$182,352 in sanitary sewer related improvements completed in the 2010 and 2011 Pavement Management Projects. Regular Meeting of the City Gouncil June 7, 2011 Page 3 *Authorization to Siqn Joint Powers Aqreements with Minnesota Bureau of Criminal Apprehension (BCA) for Access to Criminal Justice Data Communications Network C( .JDN) Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 11-24 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT FOR USE OF CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 April 2011 Financial Reports MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the April 2011 Financial Reports. *Authorizinq 2011 Application to Minnesota Department of Transportation Community Roadside Landscapinq Partnership Proctram for Hiqhwav 55 Lilac Planting Member Scanlon introduced the following resolution and moved its adoption: RESOLl1TIOIV 11-25 RESOLUTION AUTHORIZING 2011 APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM FOR HIGHWAY 55 LILAC PLANTING The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 June 7, 2011 Page 4 Public Hearina - Sanitarv Sewer Easement Vacations - 6210 and 6224 Wavzata Boulevard Jeannine Clancy 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-26 RESOLUTION VACATING A SANITARY SEWER EASEMENT AT 6210 AND 6224 WAYZATA BOULEVARD 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 -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanae from Liqht Industrial to Medium-Hiah Densitv Residential - 9110 Golden Vallev Road Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report 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: RESOLUTION 11-27 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 9110 GOLDEN VALLEY ROAD Regular Meeting of the City Council June 7, 2011 Page 5 Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Liqht Industrial to Medium-Hiqh Densitv Residential - 9110 Golden Vallev Road - Continued 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. Public Hearina -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanae from Medium-Low Residential to Office - 2040 Douglas Drive Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report 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. Barry Eide, 2040 Douglas Drive North, reviewed the uses in the general area, Honeywell, SuperAmerica, and Jehovah's Witnesses Church, stated he lets neighbors and the church use his parking lot during non-office weekends, stated the children in the area play in his parking lot, stated he has made a lot of improvements to the property after he purchased it and would like to see the property designated as office. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-28 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 2040 DOUGLAS DRIVE 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 June 7, 2011 Page 6 Public Hearinq -Amendment to the Comprehensive Plan's Generai Land Use Plan Map - Ch�nqe from Hiqh Densitv Residential to Medium-High Densitv - 1100, 1170, 1200 and 1300 Douqlas Drive and 6200 and 6212 Golden Vallev Road Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report 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: RESOLUTION 11-29 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 1100, 1170, 1200 AND 1300 DOUGLAS DRIVE AND 6200 AND 6212 GOLDEN VALLEY ROAD 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: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearins� -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Medium-Hiqh Densitv Residential to Low Densit� Residential - 5635 and 5701 Glenwood Avenue Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Chuck Segelbaum presented the Planning Commission report 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 June 7, 2011 Page 7 Public Hearinq -Amendment to the Comprehensive Plan's General Land Use Plan Map - Chanqe from Medium-Hiqh Densitv Residential to Low Density Residential - 5635 and 5701 Glenwood Avenue - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-30 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTIES LOCATED AT 5635 AND 5701 GLENWOOD AVENUE 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. On-Sale, Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicatinq Malt Liquor License Renewals Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the renewal of the respective liquor licenses for the applicants listed above for the 2011-2012 license term. Off-Sale Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sa/e/On-Sa/e and Sunday Sale RZMP Corporation d/b/a Schuller's Tavern On-Sa/e and Sunday Sa/e D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. d/b/a Golden Valley Country Club Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering Teresa's LLC d/b/a Teresa's Mexican Restaurant Regular Meeting of the City Council June 7, 2011 Page 8 On-Sale. Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicatina Malt Liquor License Renewals - Continued Club On-Sa/e and Sunday Sa/e Chester Bird American Legion Post#523 Golden Valley VFW Post#7051 Wine On-Sale (including strong beer) and Non-Intoxicating Malf Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger Buon Amico Inc. d/b/a Piazza's Ristorante Nong's Thai Cuisine LLC d/b/a Nong's Thai Cuisine Approval of Plat -Venture Bank Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-30 RESOLUTION FOR APPROVAL OF PLAT -VENTURE BANK 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 signaturs attested by the City Clerk. Announcements of Meetinqs A Concert in the Park featuring Golden Valley Orchestra will be held on June 13, 2011 at 7 pm at Brookview Park. A Bassett Creek Regional Trail Master Plan Open House will be held on June 14, 2011 from 4 to 7 pm at the Crystal City Hall. The next Council/Manager meeting is June 14, 2011 at 6:30 pm. A Botinueau Boulevard Open House will be held on June 14, 2011 from 6:30 to 8:30 pm at the Courage Center. The Fire and Police Open House is June 15, 2011 from 6 to 8 pm at all Police/Fire buildings. A Bassett Creek Watershed Management Commission meeting will be held on June 16, 2011 at 11:30 am. Regular Meeting of the City Council June 7, 2011 Page 9 Announcements of Meetinqs - Continued A Concert in the Park featuring Robbinsdale City Band will be held on June 16, 2011 at 7 pm at Brookview Park. The Fire Department Street Dance is June 18, 2011 at the American Legion from 4 pm to midnight. The Golden Valley Historical Society Antique Road Show will be held on June 19, 2011 at 1 pm at The Heathers Estate. A Concert in the Park featuring Celebration Brass will be held on June 20, 2011 at 7 pm at Brookview Park. The next City Council meeting is June 21, 2011 at 6:30 pm. Mayor and Council Communications Council Member Freiberg stated he had received a request from a Commission Member to support her appointment to the Metropolitan Parks and Open Space Commission. Mayor Loomis stated she sent a letter in support of the appointment and stated any Council Member who wished too could also send a letter of support. Adiournment The Mayor adjourned the meeting at 7:46 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant