07-19-11 CC Minutes Regular Meeting
of the
City Council
July 19, 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 July 19, 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 Pentel and motion carried unanimously to approve the
agenda of July 19, 2011 as submitted.
Approval of Consent Aaenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
consent agenda of July 19, 2011 as amended: removal of Authorization to Submit Grant
Application - MnDOT FY 2013 Metro Municipal Agreement Program - TH 55 and Winnetka
Avenue Improvements.
*Approval of Minutes - Citv Council Meetina - Mav 17, 2011
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the City Council Meeting minutes of May 17, 2011 as submitted.
*Auproval of Check Reaister
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City bills as submitted.
*Solicitor's License -Josh Peterson for Edward Jones Investments
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Josh Peterson for Edward Jones Investments.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - June 13, 2011
Joint Water Commission - June 1, 2011
Human Services Foundation - June 13, 2011
Regular Meeting of the City Council
July 19, 2011
Page 2
*Email from Julie Johnson Reaardina Rezonina of Harold Avenue
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive an file
the email from Julie Johnson, dated July 5, 2011, regarding rezoning of Harold Avenue.
'�Authorization to Sian Amended Aareement with Breck School for Communitv
Service Oificer
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
Mayor, City Manager and Police Chief to sign the amended Community Service Officer
Agreement with Breck School for 2011-2012.
Authorization to Submit Grant Application - MnDOT FY 2013 Metro Municipal
Agreement Proctram -TH 55 and Winnetka Avenue Improvements
Mayor Loomis suggested the Council set up a pavement management plan for state aid
streets which considers scheduling and funding reconstruction instead of applying for
grants that may not get funded.
Jeannine Clancy answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-36
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 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.
*Approval of Reauests for Beer and/or Wine at Brookview Park
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
Regular Meeting of the City Council
July 19, 2011
Page 3
Public Hearina - Second Consideration - Ordinance#462 - Repealina in its Entiretv
Section 6:34: Tobacco and Addina a New Section 6:34: Tobacco and Approve
Summarv Publication
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE N0.462, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Section 6:34: Tobacco and
Adding a New Section 6:34: Tobacco
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and
answered questions from the Council. Thomas Burt and Allen Barnard answered questions
from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded t�ie opportunity to express their views thereon.
Bill Feist, Feist Automotive Group, 1875 Lilac Drive North, stated he did fail one
compliance check and got fined; stated he doesn't get a lot of kids coming into his
establishment to buy tobacco products; stated he has training for his employees and now
customers get mad when they check for ID's; thinks this is just another way of taxation and
suggested some type of incentive or bonus program for establishments that don't sell
tobacco products to minors for a year.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt on
Second Consideration Ordinance #462, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve
publication of the Summary of Ordinance #462.
City Council requested staff research the idea an of incentive program for establishments
that have been in compliance and bring it back to a future Council/Manager meeting for
discussion.
Regular Meeting of the City Council
July 19, 2011
Page 4
Public Hearinq - Ordinance#463 -Adoptinq a New Section 11.04: Temporarv Uses
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 463, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 11.04: Temporary Uses
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Thomas Burt answered questions from the Council.
Mike Kisch, Planning Commission Member, presented the Commission report.
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 Freiberg and motion carried unanimously to adopt
Ordinance #463, 2nd Series, as amended: Subdivision 2. A., The City Council may permit
in any nonresidential use district for a temporary use such as....... Upon a roll call vote,
the vote was as follows:
FREIBERG -YES LOOMIS -YES PENTEL - YES SCANLON -YES SHAFFER - YES
Public Hearinq - Ordinance#464 - Deletina and Realacina in its Entiretv Section
11.90, Subdivision 4, Board of Zonina Appeals
The following ordinance was MOVED by Freiberg, seconded by Pentel:
ORDINANCE NO. 464, 2ND SERIES
Deleting and Replacing in its Entirety Section 11.90, Subdivision 4
Board of Zoning Appeals
'Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Allen Barnard and Mark Grimes, Director of Planning and Development
answered questions from the Council.
Mike Kisch, Planning Commission Member, presented the Commission report.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Regular Meeting of the City Council
July 19, 2011
Page 5
Pubiic Hearina - Ordinance #464 - Deletinq and Replacinq in its Entiretv Section
11_.90, Subdivision 4, Board of Zonina Appeals - Continued
Bill Feist, Feist Automotive Group, 1875 Lilac Drive North, stated he would like to remodel
his location as his station was built in 1964, has no insulation and other building issues;
stated he is frustrated he has not been able to rebuild and will be meeting with Planning
staff to discuss his location.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to adopt
Ordinance#464, 2nd Series, as amended: remove "in an orderly way"from Subdivsion
4(C)(3). Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS - YES PENTEL -YES SCANLON - YES SHAFFER -YES
Continued Public Hearinq -Approval of Conditional Use Permit#119 -Amendment#2 -
800 Boone Avenue North - DRAM Proaerties, LLC, Applicant
Joe Hogeboom, City Planner, stated staff is requesting consideration of the item be
continued to the August 3, 2011 City Council meeting in order for the applicant to comply
with the inflow/infiltration requirements.
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 Scanlon and motion carried unanimously to continue the
public hearing for Approval of Conditional Permit#119, Amendment#2, 800 Boone
Avenue North, DRAM Properties, LLC, Applicant, to the August 3, 2011 City Council
meeting.
Continued Public Hearina - Ordinance #459 -Amendinq Section 11.23: Medium
Densitv Residential Zonina District(R-3) ReQardina Allowina Senior and Phvsical
Disabilitv Housinq as a Conditional Use
Joe Hogeboom, City Planner, stated staff is requesting consideration of the item be
continued to the August 3, 2011 City Council meeting.
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
EVlayor closed the public hearing.
Regular Meeting of the City Council
July 19, 2011
Page 6
Continued Public Hearina - Ordinance #459 -Amendina Section 11.23: Medium
Densitv Residential Zonina District (R-3) Reqardina Allowina Senior and Phvsical
Disability Housinct as a Conditional Use - Continued
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to continue the
public hearing for Ordinance #459, Amending Section 11.23: Medium Density Residential
Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a
Conditional Use to the August 3, 2011 City Council meeting.
Staff was requested to add Calvary Center-Co-op to the mailing list to receive notices of
any Harold Avenue meetings.
First and Second Consideration - Ordinance #465, Addina a New Section 4.07:
Electrical ReQUlations and Inspections, and Authorization to Sian Aareement with
Stephen Tokle Inspections, Inc. for Electrical Inspections
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 465, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 4.07: Electrical Regulations and Inspections
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and
answered questions from the Council. Thomas Burt and Allen Barnard 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 on First
Consideration Ordinance #465, 2nd Series, as amended: removal of Subdivision 8.
Sunset. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON - YES SHAFFER -YES
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to suspend the
rules and hold Second Consideration of Ordinance #465.
The following ordinance was MOVED by Pentel, seconded by Scanlon:
ORDINANCE NO. 465, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 4.07: Electrical Regulations and Inspections
Regular Meeting of the City Council
July 19, 2011
Page 7
First and Second Consideration - Ordinance #465, Addina a New Section 4.07:
Electrical ReQUlations and Inspections, and Authorization to Sian Aareement with
Steahen Tokle Inspections, Inc. for Electrical Inspections - Continued
Mark Kuhnly, Chief of Fire and Insp'ection Services, 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 Scanlon and motion carried unanimously to adopt on
Second Consideration Ordinance#465, 2nd Series as amended: removal of Subdivision 8.
Sunset. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager sign the Consultant Services Agreement, as amended, with
Stephen Tokle Inspections, Inc. for electrical inspections and request staff to modify the
agreement to reflect the amended Ordinance.
Aaproval of Temporarv Use - Business and Professional Oifices Zonina District-
Wavzata Boulevard and Hiahwav 100 - Cavalia USA, Inc., Applicant
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered question from the Council. Jeannine Clancy, Thomas Burt and Allen Barnard
answered questions from the Council.
Anne-Laurence Dubois, applicant, answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Cavalia as a Temporary Use in the Business and Professional Offices Zoning District from
August 8, to November 20, 2011 subject to the conditions found in Engineering's memo,
dated July 14, 2011, being satisfied prior to operation of the event; and the applicant will
show on their site plan the public right-of-way.
Authorization to Siqn Joint Powers Aareement with St Louis Park for Operation of
Cavalia
IVlayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager to sign the Joint Powers Agreement with the City of St. Louis Park
for the operation of Cavalia.
Regular Meeting of the City Council
July 19, 2011
Page 8
Announcements of Meetincts
A Bassett Creek Watershed Management Commission meeting will be held on July 21,
2011 at 11:30 am.
A Concert in the Park featuring Tubby Esquire will be held on July 25, 2011 at 7 pm at
Brookview Park, followed by Envision Ice Cream Social.
The Market in the Valley is having a Family Day on July 31, 2011.
Minnesota Night to Unite celebrations will be held throughout the evening at various
neighborhood locations on Tuesday, August 2, 2011.
The Council will hold board/commission interviews on August 3, 2011 beginning at 6 pm.
The next City Council meeting is Wednesday, August 3, 2011 at 6:30 pm.
Mavor and Council Communications
Mayor Loomis informed the Council that Ed Silberman, former Bassett Creek Watershed
Management Commission member passed away the Council will recognize his
contributions at a future Council Meeting.
Mayor Loomis stated that some Council Members met with Human Rights Commission
members to discuss planning a public forum in 2012 to discuss what the community would
like to
Adiournment
The Mayor adjourned the meeting at 8:11 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant