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06-21-11 CC Minutes Regular Meeting of the City Council June 21, 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 21, 2011 at 6:30 pm. The following members were present: Freiberg, Loomis, Scanlon and Shaffer; and the following was absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Receipt of Communifiv Partnership Grant from CenterPoint Enerqv Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item. Roger Brendell, CenterPoint Energy, presented the City with a $500 Community Partnership Grant. The Council thanked CenterPoint Energy for their grant. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-32 RESOLUTION ACCEPTING DONATION FROM CENTERPOINT COMMUNITY PARTNERSHIP GRANT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, - Pentel and Shaffer; and the following was absent: Pentel, 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. Apuroval of Aqenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of June 21, 2011 as amended: Authorization to Sign Letter of Support for the Bassett Creek Regional Trail Boone Avenue - TH 100 Transportation Enhancement Grant Application, revisions to letter. Approval of Consent Aqenda MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the consent agenda of June 21, 2011 as amended: Authorization to Sign Letter of Support for the Bassett Creek Regional Trail Boone Avenue - TH 100 Transportation Enhancement Grant Application revisions to letter. Regular Meeting of the City Council June 21, 2011 Page 2 *Approval of Minutes - Citv Council Meetins� -April 20, 2011 MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and file the City Council Meeting minutes of April 20, 2011 as submitted. *Approval of Check Reqister MOVED by Freiberg, seconded by Shaffer 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 -TwinWest Chamber of Commerce Foundation MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for TwinWest Chamber of Commerce Foundation. *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 - May 9, 2011 Human Services Foundation - May 9, 2011 Authorization to Sian Aareements with Metropolitan Council Environmental Services (MCES) and Short Elliott Hendrickson, Inc. for MCES GV-461 Reliever Proiect Mayor Loomis had questions regarding the lift station and funding. Jeannine Clancy answered questions from the Council. MOVED by Loomis, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the Cooperative Agreement with the Metropolitan Council Environmental Services and Professional Services Agreement with Short Elliott Hendrickson, Inc. for the MCES GV-461 Reliever Project. *2011/2012 Pavement ManaQement Proaram: Amend Feasibilitv Report ana9 Authorization to Sian Aareement with Short Elliott Hendrickson, Inc. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-33 RESOLUTION AUTHORIZING AMENDMENT OF THE FEASIBILITY REPORT FOR THE 2011 AND 2012 PAVEMENT MANAGEMENT PROGRAM TO INCLUDE �URNERS CROSSROAD BETWEEN INTERSTATE 394 AND GOLDEN HILLS DRIVE Regular Meeting of the City Council June 21, 2011 Page 3 *2011/2012 Pavement Manaqement Proaram: Amend Feasibilitv Report and Authorization to Sian Actreement with Short Elliott Hendrickson, Inc. - Continued 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, Scanlon and Shaffer; and the following was absent: Pentel, 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. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the City Manager the agreement with SEH, Inc. for engineering services for the 2012 Pavement Management Program, Turners Crossroads, for an amount not to exceed $35,500. *Authorization to Sian Letter of Support for the Bassett Creek Reaional Trail Boone Avenue -TH 100 Transportation Enhancement Grant Application MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize Mayor Loomis sign the revised letter of support for the Bassett Creek Regional Trail Boone Avenue, TH 100 Transportation Enhancement Grant Application. Public Item -2010 National Pollution and Discharae Elimination Svstem (NPDES) Phase II -Storm Water Pollution Prevention Plan. Annual Report to Minnesota Pollution Control Aqencv Jeannine Clancy introduced the agenda item. AI Lundstrom, Park Maintenance Supervisor, presented the plan 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 Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-34 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Scanlon and Shaffer; and the following was absent: Pentel, 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 21, 2011 Page 4 Public Hearinq - Ordinance #459 -Amendinq Section 11.23: Medium Densitv Residential Zonina District(R-3) Reaardina Allowina Senior and Phvsical Disabilitv hlousina as a Conditional Use Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt 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. The Council requested that staff prepare an amendment for consideration at the July Council/Manager meeting of Section 11.23 based on Council discussion to clarify the purpose; principal structures front setback and height requirements and provide information regarding setback requirements in all zoning districts. MOVED by Shaffer, seconded by Freiberg and motion carried to continue the public hearing for consideration of 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 July 19, 2011 City Council meeting. Public Hearina - First Consideration - Ordinance#460 - Interim Ordinance Imposina a Twelve Month Moratorium - Portion of Douqlas Drive Corridor- Block 1 and 2, Expresswav International Park and Aaprove Summarv Publication The following ordinance was MOVED by Pentel, seconded by Shaffer as amended: ORDINANCE NO. 460, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE An Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. 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 Shaffer, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance#460, Interim Ordinance Imposing a Twelve Month Moratorium, Portion of Douglas Drive Corridor, Block 1 and 2, Expressway International Park and request staff to expeditiously work on the modification of the comprehensive plan and creation of a new zoning district. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS - NO PENTEL -ABSENT SCANLON -YES SHAFFER -YES Regular Meeting of the City Council June 21, 2011 Page 5 Public Hearina - First Consideration - Ordinance #460 - Interim Ordinance Imposina a Twelve Month Moratorium - Portion of Doualas Drive Corridor- Block 1 and 2, Expresswav International Park and Approve Summarv Publication - Continued MOVED by Shaffer, seconded by Scanlon and motion failed to suspend the rules so no Second Consideration of Ordinance#460 is necessary. Council Members Freiberg and Loomis voted no. Council Members Scanlon and Shaffer voted yes. Council Member Pentel was absent. On-Sale and Sundav Sale, LiQUOr License Renewal Jim Roberts, Sergeant, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the renewal of the liquor license for the applicant listed below for the 2011-2012 license term. On-Sa/e and Sunday Sale Osaka Golden Valley Inc, d/b/a Osaka Sushi & Hibachi First Consideration - Ordinance #461 -Amendina Salaries of Mavor and Council Members The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 422, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Salaries of Mayor and Council Members Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Scanlon and motion carried to deny Ordinance #422, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -ABSENT SCANLON - YES SHAFFER -ABSTAIN Announcements of Meetinas Some Council Members may attend the Bassett Creek Watershed Tour on June 22, 2011 at 4 pm. Some Council Members may attend the Harold Avenue Open House on June 23, 2011 from 4:30 to 7 pm. Regular Meeting of the City Council June 21, 2011 Page 6 Announcements of Meetinas - Continued A Concert in the Park featuring Stompin Dixie will be held on June 27, 2011 at 7 pm at Brookview Park. Some Council Members may attend the Dan Paulsen Retirement Party on June 29, 2011 at 9:30 am. The City Hall will be closed on July 4, 2011 in observance of Independence Day. The next City Council meeting is July 5, 2011 at 6:30 pm. Some Council Members may attend the Market in the Valley on June 26, 2011 from 9 am to 1 pm Mayor and Council Communications Mayor Loomis updated the Council on the Bottineau Boulevard open house held on June 14, 2011. Adiournment The Mayor adjourned the meeting at 8:14 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant