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11-20-07 CC Minutes unsigned Regular Meeting of the City Council November 20, 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 November 20, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Receipt of Human Services Foundation 2008 Allocation Report Steve Schumacher, Human Services Foundation Chair, reviewed the funding report and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the 2008 Allocation Report, and approve sending the allocation letters to the organizations involved stating the allocation amount. Approval of Aqenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the agenda of November 20, 2007 as amended: Addition of Human Services Foundation Appointment. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the agenda of November 20, 2007 as amended: Addition of Human Services Foundation Appointment; and Removal of Call for Administrative Hearing - Appeal of Administrative Citation - 6540 Hampshire Place - 12/4/07 and First Consideration - Ordinance #388 - Background Investigations. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: Executive Session Statement- October 2, 2007; Citv Council Meetinq - October 16, 2007 and Council/Manager Meetinq - November 13, 2007 MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the Executive Session Statement for October 2, 2007; City Council Meeting of October 16, 2007 and Council/Manager Meeting of November 13, 2007as submitted. Regular Meeting of the City Council November 20, 2007 Page 2 *Bills and Claims MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - ASI Contractinq, Inc. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for ASI Contracting, Inc. *Solicitor's License - The Window Store LLC MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for The Window Store LLC. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - October 22, 2007 Human Services Foundation - October 8, 2007 Open Space and Recreation Commission - September 24, 2007 Envision Connection Project Board of Directors - September 20, 2007 Joint Planning Commission, Environmental Commission and Open Space and Recreation Commission - September 24, 2007 *Call for Feasibility Studv - Golden Hills Drive/Xenia Avenue South Street Improvement Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-69 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT GOLDEN HILLS DRIVE/XENIA AVENUE SOUTH 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. Regular Meeting of the City Council November 20, 2007 Page 3 *Deferment of Assessment- 2007 Pavement Manaqement Area Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-69 RESOLUTION ADOPTING AND CONFIRMING DEFERMENT OF ASSESSMENTS FOR VARIOUS IMPROVEMENTS IN THE 2007 PAVEMENT AREA 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. Call for Administrative Hearinq - Appeal of Administrative Citation - 6540 Hampshire Place - 12/4/07 Council Member Pentel wanted to clarify the date of the hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the to call for an Administrative Hearing on an appeal of an Administrative Citation of the Residential Property Maintenance Code for 6540Hampshire Place for December 4, 2007 at 6 pm. First Consideration - Ordinance #388 - Backqround Investiqations The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 388, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 10.84 Regarding Background Investigations Council Member Freiberg had questions regarding the background checks for board/commission members. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #388, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council November 20, 2007 Page 4 Second Consideration - Ordinance #386 - Licensinq of Rental Dwellings The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE NO. 386, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.60 Regarding Licensing of Rental Dwellings Council Member Pentel requested changing the ordinance to reflect that property owners are responsible for garbage pickup. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #386, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Staff was directed to determine where in the code language should be placed regarding property owners being responsible for water and sewer services. *Human Services Foundation Appointment. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to appoint Connie Sandler to the Human Services Foundation for a two year appointment which expires on May 1, 2009. Public Hearinq - Ordinance #389 - Conditional Use Permit 07-118 - 7400 Wayzata Boulevard - Waqener Properties, Inc., Applicant The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 389, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 07-118 7400 Wayzata Boulevard Wagener Properties, Inc., Applicant Brad Gunn, Malkerson Gilliland Martin and Steven Fichtel, Architect, representing the Applicant, reviewed the project and answered questions from the Council. Don Keysser, Planning Commissioner, presented the Planning Commission Report. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Regular Meeting of the City Council November 20, 2007 Page 5 Public Hearing - Ordinance #389 - Conditional Use Permit 07-118 - 7400 Wayzata Boulevard -Waqener Properties, Inc., Applicant - Continued 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 approve Ordinance #389, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER — YES Public Hearinq - Ordinance #390 - Conditional Use Permit 07-119 - 800 Boone Avenue North - David Olshanskv (President, DRAM Properties, Inc.), Applicant The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 390, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 07-119 800 Boone Avenue North David Olshansky (Dram Properties/Home Health Care), Applicant David Olshansky, applicant, reviewed the project and answered questions from the Council. Don Keysser, Planning Commissioner, presented the Planning Commission Report. Joe Hogeboom, Planning Intern, presented the staff 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. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve Ordinance #390, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER — YES Regular Meeting of the City Council November 20, 2007 Page 6 Announcements of Meetings The City Offices are closed on Thursday, November 22, 2007 and Friday, November 23, 2007 in observance of Thanksgiving. The City Council will meet in an executive session to discuss the City Manager's performance review on December 3, 2007 at 7:30 am. The City Council will meet in an executive session to conduct the City Manager's performance review on December 3, 2007 at 6 pm. A Special City Council meeting to review the budget will be held on December 3, 2007 at 6:30 pm. A Special City Council meeting to conduct an Administrative Hearing for the property located at 6540 Hampshire Place will be held on December 4, 2007 at 6 pm. The next City Council meeting will be held on December 4, 2007 at 6:30 pm. The next Council/Manager meeting will be held on December 11, 2007 at 6:30 pm. A City Council meeting will be held on December 18, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on December 20, 2007 at 11:30 am. Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 9:50 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant