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08-03-11 CC Minutes Regular Meeting of the City Council August 3, 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 August 3, 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 Planning and Development; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of August 3, 2011 as amended: Board/Commission Appointment, addition of Appointment to Human Rights Commission. Approval of Consent Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of August 3, 2011 as amended: Board/Commission Appointment, addition of Appointment to Human Rights Commission. *Approval of Minutes -Citv Council Meetina -June 7, 2011 and Council/Manaqer Meetinq -June 14, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the City Council Meeting minutes of June 7, 2011 and Council/Manager Meeting minutes of June 14, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - Drew Staaleton for Southwestern Advantaae Librarv MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license Drew Stapleton for Southwestern Advantage Library. *Solicitor's License - Mark Chasin for The Window Store Home Imurovements, Inc. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Mark Chasin for The Window Store Home Improvements, Inc. Regular Meeting of the City Council August 3, 2011 Page 2 *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - June 27, 2011 Board of Zoning Appeals - June 28, 2011 Environmental Commission - May 23, 2011 Open Space and Recreation Commission - June 27, 2011 Bassett Creek Watershed Management Commission - June 16, 2011 *Quotes - Park Shelter and Golf Maintenance Buildinq Proiects MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve park shelter and golf maintenance building projects to the lowest responsible bidder, Flag Builders of Minnesota, Inc. for$53,438. The quotes are as follows: Flag Builders of Minnesota, Inc. $53,438 Restorations Systems, Inc. $59,900 Advanced Masonry Restoration $80,729 *Bids - Brookview Center Retainina Wall and Patio Replacement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid for Brookview Center retaining wall and patio replacement to the lowest responsible bidder, Omni Construction Services, Inc. for$68,000. The bids are as follows: Omni Construction Services, Inc. $68,000.00 American Liberty Construction, Inc. $74,825.00 Nerstrand Excavating $82,250.00 Flag Builders of Minnesota, Inc. $114,950.00 New Look Contracting $129,805.50 *Board/Commission Appointments MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following appointments: Human Services Foundation: Katherine Hart 2 year term term expires - 5/1/13 Human Rights Commission: Terri Policy 3 year term term expires - 5/1/14 Tim Hepner�`�` 3 year term term expires - 5/1/14 *�`added at meeting. Open Space and Recreation Commission: John Cornelius 2 year term term expires - 5/1/13 Regular Meeting of the City Council August 3, 2011 Page 3 *Acceptance of Donation to Senior Proaram - Friends of Leona Lev Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-37 RESOLUTION ACCEPTING DONATION FOR SENIOR PROGRAM FROM FRIENDS OF LEONA LEV 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, Pentel, Scanlon and Shaffer; and the following voted against the same: Loomis, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Authorization to Sian 2011 Minnesota Department of Transportation Community Roadside Landscapinu Partnership Proaram Aareement for Hicthwav 55 Lilac Plantinq Council Member Pentel had questions about maintenance of the plantings. Jeannine Clancy answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-38 RESOLUTION AUTHORIZING A MINNESOTA DEPARTMENT OF TRANSPORTATION MUNICIPAL AGREEMENT PROGRAM SUBMITTAL FOR INTERSECTION IMPROVEMENTS AT WINNETKA AVENUE AND TRUNK HIGHWAY 55 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. *Auproval of One Year Extension for Filina of Plat for 100 Brunswick Avenue North MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension until August 2, 2012 to submit the final plat for 100 Brunswick Avenue North. *Receipt of June 2011 Financial Reports MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the June 2011 Financial Reports. Regular Meeting of the City Council August 3, 2011 Page 4 *Approval of ReQUests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Authorization to Sian Aareement with CNA for Groua Lona Term Care Plan Enhancements MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the CNA Group Long Term Care Plan Master Application and Master Policy Amendment (Rider). *Authorization to Sian Master Proaram Sales Aareement Amendment with HealthPartners for Emalovee Assistance Proqram MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the HealthPartners Amendment to the Master Program Sales Agreement for the Employee Assistance Program. Continued Public Hearina - Ordinance#459 -Amendina Section 11.23: Medium Densitv Residential Zonina District(R-3) Rectardinct Allowina Senior and Phvsical Disabilitv Housina as a Conditional Use The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 459, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use Mark Grimes, Director of Planning and Development, 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 Pentel, seconded by Shaffer and motion carried unanimously to adopt Ordinance #459, 2nd Series as amended: Subdivision 4(F)(2) shall read: Side and Rear Yard Setback. The required minimum side and rear setback for enclosed parking structures and garbage enclosures shall be thirty (30) feet when abutting any R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. Upon a roll call vote, the vote was as follows: �'REIBERG - NO LOOMIS -YES PENTEL-YES SCANLON -YES SHAFFER -YES Regular Meeting of the City Council August 3, 2011 Page 5 Continued Public Hearina -Ordinance #466 -Approval of Conditional Use Permit #119 -Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 466, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 119, Amendment#2 800 Boone Avenue North DRAM Properties, LLC, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. David Olshansky, president of DRAM Properties, Inc., reviewed his request 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 Pentel, seconded by Shaffer and motion carried unanimously to adopt Ordinance#466, 2nd Series, as amended: condition 1. All signage shall meet the requirements of the City's Sign Code. The Golden Ballroom sign shall be removed by October 15, 2011.; and condition 8. The trailer used for storage and other temporary storage buildings shall be removed from the site October 15, 2011. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES On-Sale and Sundav Sale Lictuor License Renewal -Webb Golden Vallev LLC d/b/a Good Dav Cafe Stacy Altonen, Chief of Police, 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 On-Sale and Sunday Sale for Webb Golden Valley LLC d/b/a Good Day Caf�for the 2011-2012 license term. Announcements of Meetinas The next Council/Manager meeting is August 9, 2011 at 6:30 pm. The next City Council meeting is August 16, 2011 at 6:30 pm. Regular Meeting of the City Council August 3, 2011 Page 6 Announcements of Meetinas - Continued A Bassett Creek Watershed Management Commission meeting will be held on August 18, 2011 at 11:30 am. The Farmers Market will be held on Sunday mornings on the northeast corner of the City Hall parking lot from 9 am to 1 pm until October 9, 2011. Mavor and Council Communications Mayor Loomis stated August 6 is Community Garden Day and recognized the gardens located within the City. Adiournment The Mayor adjourned the meeting at 7:31 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant