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06-05-07 CC Minutes unsigned Regular Meeting of the City Council June 5, 2007 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 5, 2007 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. Oath of Office - Police Officer Scott Goebel Stacy Altonen, Police Chief, introduced the newest Police Officer, Scott Goebel. Mayor Loomis gave the oath of office to Police Officer Scott Goebel. The Council congratulated Officer Goebel. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of June 5, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Donna (Brian) Kron, 4927 Culver Road, opposed to sidewalk on Culver Road, has never seen problems with walkers in the past, expressed concern about insurance costs, property values and wanted to know when and how often the sidewalks would be cleared after a snowfall. Robert Hagen, 4815 Culver Road, opposed to sidewalk as he feels it is not necessary, not aware of anyone asking for sidewalks, stated placement of sidewalk is only eight paces from his front window, expressed concerned over loss of trees; reduction in property values and loss of tax base, concern about getting sued if any injuries happen on the sidewalk, wanted to know how long it will take to have the sidewalks cleared; and feels it will change the nature of the neighborhood. Janell Siegfried, 2900 Perry Avenue North, strongly opposed to Culver Road becoming wider; oppose to sidewalks which they feel is unneeded; expressed concern over loss of trees and shrubs; feel safety of the neighborhood will be comprised with increased traffic and speed; wants to know sooner than Spring if the sidewalks will be installed; wants input into process for street and sidewalk construction; wants to know when the neighborhood meeting will be held; and distributed a copy of her open house feedback card. Regular Meeting of the City Council June 5, 2007 Page 2 Citizen Input - Continued Ruby Van Horn, 2901 Perry Avenue North, stated there is a crack in the pipe that is 75' under the road and stated they are required to pay $5,000 to $10,000 to have it fixed; feels it is on city property; stated they are retired and the cost is prohibitive; and feels the program is unfair to residents and not good for the community. Brooke Christensen, 4851 Dawnview Terrace; and Deloris Christensen, 4907 Culver Road; Brook Christensen stated her mother lives on Culver Road and she is against the sidewalks; Deloris Christensen stated there has never been an accident with a pedestrian and she has lived without curb and gutters and sidewalk for 49 years and that they are not needed. Larry Johnson, 315 Georgia Avenue North, thanked the Council for the support for the Veterans memorial; sated he attended a Veterans Fair and distributed a military family resource directory to the Council; stated he uses the bus and wanted to get a metro bus pass at city hall and suggested that city hall sell them. Judy Crocker, 4901 Culver Road, feels that impervious pavement is not in the best interests of the neighborhood and that the consultants and city staff should work with the neighborhood. Jeannie Clancy and Allen Barnard answered questions from the Council. Staff will check on the process for selling metro bus passes at city hall. The Mayor continued the meeting. Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of June 5, 2007 as amended: Removal of Approval of Minutes - City Council Meeting - May 1, 2007; Authorization to Extend Fire ReliefAssociation Street Dance Hours; Authorization to Sign Legal Services Agreement with Best & Flanagan; Response Letter to Jim and Diana Hager Regarding Point of Sale Program; and Authorization to Sign Amended PUD Permit - The Colonnade - PUD #53 - Amendment #3 - 5500 Wayzata Boulevard. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meeting - May 1, 2007 Council Members Freiberg and Pentel had amendments to the minutes. Regular Meeting of the City Council June 5, 2007 Page 3 Approval of Minutes - City Council Meeting - May 1, 2007 - Continued MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the City Council meeting minutes of May 1, 2007 as amended: under Second Consideration - Ordinance #367 - Providing for Four Year Mayoral Term - Council Member Scanlon introduced the ordinance; and under Continued Item - Approval of Plat - Vogel Addition, Council Member Scanlon seconded the Resolution. *Bills and Claims MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Fireworks Permit - American Fireworks Display Company for General Mills MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for the Americana Fireworks Display Company to discharge aerial fireworks at General Mills on Wednesday, July 18, 2007 or on the rain date of Thursday, July 19, 2007. *Fireworks Permit - Melrose North Pyrotechnics, Inc. for Golden Vallev Fire Relief Association Street Dance MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for Melrose North Pyrotechnics, Inc. to discharge aerial fireworks at Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 23, 2007. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - April 23, 2007 Board of Zoning Appeals - April 24, 2007 Human Services Foundation - March 12, 2007 Environmental Commission - April 23, 2007 Joint Water Commission - April 25, 2007 Envision Connection Project Board of Directors - April 26, 2007 Regular Meeting of the City Council June 5, 2007 Page 4 *Minutes of Boards and Commissions - Continued Joint Planning Commission, Environmental Commission and Open Space and Recreation Commission - April 23, 2007 *Bids - Sealcoat MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the bid for sealcoating to the lowest responsible bidder, Allied Blacktop Company, for the amount of$145,837.62. The bids are as follows: Allied Blacktop Company $145,837.62 Pearson Brothers, Inc. 167,460.25 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the Park Series Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-27 RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES 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. Authorization to Extend Fire Relief Association Street Dance Hours Council Member Pentel supports the extension of the dance hours. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 23, 2007. Regular Meeting of the City Council June 5, 2007 Page 5 Authorization to Sign Leal Services Agreement with Best & Flanaqan Council Member Freiberg had questions about the length of the agreement. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the City Manager to sign the legal services agreement with Best & Flanagan, LLP for City Attorney services from July 1, 2007 through December 31, 2010. Response Letter to Jim and Diana Haqer Reqardinq Point of Sale Program Council Member Scanlon requested staff review the response since the public still have questions regarding the program. Jeannine Clancy and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the staff response to Mr. & Mrs. Jim Hager regarding the Point of Sale Program. Authorization to Siqn Amended PUD Permit- The Colonnade - PUD #53 - Amendment #3 - 5500 Wavzata Boulevard Council Member Pentel requested staff review the proposed changes to the fountain. Mark Grimes, Director of Planning and Development, answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD Permit for The Colonnade, PUD No. 53, Amendment No. 3. Authorizinq Issuance, Awardinq Sale, Prescribinq the Form and Details and Providinq for the Payment of$4,105,000 General Obliqation Improvement Bonds, Series 2007C Sue Virnig, Finance Director, introduced the agenda item and answered question from the Council. Teri Heaton, Springsted Inc. answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-28 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,105,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007C Regular Meeting of the City Council June 5, 2007 Page 6 Authorizing Issuance, Awardinq Sale, Prescribinq the Form and Details and Providincl for the Pavment of$4,105,000 General Obliqation Improvement Bonds, Series 2007C - 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, 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. Call for Administrative Hearinq - Appeal of Residential Property Maintenance Code Administrative Citation for pouglas Drive Apartments- 1400, 1450, 1500 and 1600 Douqlas Drive North - June 12, 2007 Thomas Burt introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to call for an Administrative Hearing for an Appeal of Administrative Citations of the Residential Property Maintenance Code for 1400, 1450, 1500 and 1600 Douglas Drive North for June 19, 2007 after the City Council meeting. On Sale Liquor License - Buon Amico, Inc. d/b/a Piazza's Ristorante Stacy Altonen, Police Chief, introduced the agenda item. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the issuance of an On Sale liquor license to Buon Amico, Inc. d/b/a Piazza's Ristorante, located at 8851 7th Avenue North. On Sale, Off Sale, Sundav Sale, Club and 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 Freiberg, seconded by Scanlon and motion carried unanimously to approve the renewal of the On Sale, Off Sale, Sunday Sale, Club and On Sale Wine and Non- intoxicating Malt liquor licenses for 2007-2008 license term unconditionally as listed below: Regular Meeting of the City Council June 5, 2007 Page 7 On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non-Intoxicating Malt Liquor License Renewals - Continued 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 SGS Enterprises, Inc. d/b/a Westview Liquors Off Sale, On Sa/e and Sunday Sale RZMP Corporation, d/b/a Schuller's Tavern On Sale and Sunday Sa/e D'Amico Catering, LLC, d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster Majors Sports Cafe of Golden Valley, Inc. d/b/a Majors Sports Cafe The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Club On Sale and Sunday Sale Chester Bird American Legion Post #523 Golden Valley VFW Post #7051 Wine On Sale (including strong beer) and Non-Intoxicating Malt Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a/ Noodles & Company Announcements of Meetings The next Council/Manager meeting is June 12, 2007 at 6:30 pm. Some Council Members may attend the Board/Commission Recognition Dinner on June 14, 2007 at 6:30 pm at the Brookview Community Center. Some Council Members may attend the Golden Valley Historical Society Antique Road Show on June 16, 2007 at the Heathers in Crystal. The next City Council meeting is June 19, 2007 at 6:30 pm. The Fire Department Open House is June 20, 2007 from 6 to 8 pm. Regular Meeting of the City Council June 5, 2007 Page 8 Announcements of Meetinqs - Continued The next Bassett Creek Water Management Commission will be held on June 21, 2007 at 11:30 am. The Fire Department Street Dance is June 23, 2007 at the American Legion. Some Council Members may attend the League of Minnesota Cities Conference from June 27 to 29, 2007. A City Council meeting will be held on July 3, 2007. Mayor and Council Communications No action and/or discussion took place. Adlournment The Mayor adjourned the meeting at 7:53 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant