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09-06-05 CC MinutesRegular Meeting of the City Council September 6, 2005 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 September 6, 2005 at 6:30 p.m. The following members were present: Grayson, Freiberg, Loomis, Pentel and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Grayson, seconded by Pentel and motion carried unanimously to approve the agenda of September 6, 2005 as amended: Addition of New Business - Authorization to Submit Grant Application - Innovations in American Government. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of September 6, 2005 as amended: Removal of Call for Feasibility Study - 2007 Pavement Management Program and Set Date for Public Hearings - 2006 Proposed Budget and Property Tax Levy. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - Auaust 16, 2005 and Special Council/Manager Meeting - September 1, 2005 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of August 16, 2005 and the Special Council/Manager Meeting of September 1, 2005 as submitted. *Bills and Claims 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. *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council September 6, 2005 Page 2 *Solicitor's License - The Window Store MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for The Window Store. *Solicitor's License - Matthew Roed for New York Life MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Matthew Roed for New York Life. *Solicitor's License - NARAL Pro -Choice MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for NARAL Pro -Choice. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Joint Planning Commission and Environmental Commission - August 8, 2005 Human Services Foundation - June 13, and July 11, 2005 Call for Feasibility Study - 2007 Pavement Management Program Council Member Grayson requested an update on the status of the program. Jeannine Clancy answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 05-49 RESOLUTION ORDERING PREPARATION OF REPORT FOR 2007 PAVEMENT MANAGEMENT PROGRAM 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, Grayson, Loomis, Pentel 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. Set Date for Public Hearings - 2006 Proposed Budget and Property Tax Lew Council Member Shaffer announced the public hearing dates. Regular Meeting of the City Council September 6, 2005 Page 3 Set Date for Public Hearings - 2006 Proposed Budget and Property Tax Lew - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to set December 5, 2005 at 6:30 p.m. as the date for the initial public hearing for the formal Truth in Taxation public hearing and set December 12, 2005 at 6:30 p.m. as the date for the continued public hearing (if needed). Public Hearing - Ordinance #332 - Final Plan Approval - PUD #100 - North Wirth The following ordinance was MOVED by Shaffer, seconded by Grayson: ORDINANCE NO. 332, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development North Wirth Business Center, Planned Unit Development (P.U.D) No. 100 KRJ North Wirth LLC., Applicant Rick Martens, Applicant, reviewed the plan and answered questions from the Council. Thomas Burt answered questions from the Council. Peggy Rasmussen, Planning Commission, presented the Commission report and answered questions from the Council. Kristin Smith, Planning Intern 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 Grayson and motion carried unanimously to approve Ordinance #332, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Authorization to Sign Amended PUD Permit - Westwood Lake Office Park - PUD #67 - Amendment #1 Kristen Smith, Planning Intern, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. Regular Meeting of the City Council September 6, 2005 Page 4 Authorization to Sign Amended PUD Permit - Westwood Lake Office Park - PUD #67 - Amendment #1 -Continued MOVED by Freiberg, seconded by Pentel and motion carried to approve a Minor Amendment to Westwood Lake Office Park, PUD No. 67 and amend the PUD Permit to allow a gazebo in the location shown on the site plan prepared by Ted Glasrud Associates, Inc. dated July 27, 2005 after all proper permits have been issued by the Inspections Department and signs posted on the gazebo indicating that smoking is not permitted in the gazebo or within 25 feet of the gazebo. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - NO PENTEL - YES SHAFFER - YES The Council would like to discuss permitting accessory structures in other zoning districts at a future Council/Manager Meeting. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to request the Planning Commission to discuss permitting accessory structures in other zoning districts. Off Sale Liquor License - Ha Tien Liquor Inc. d/b/a MGM Liquor Warehouse Bob Hemz, Director of Public Safety, introduced the agenda item and answered questions from the Council MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the issuance of an off sale liquor license for the remainder of the license year ending June 30, 2006, to Ha Tien Liquor, Inc. dba MGM Liquor Warehouse, 7704 Olson Memorial Highway. Parking Revisions on Wayzata Boulevard (North Frontage Road): Restricting Parking on Portions of Edgewood Avenue South and Wavzata Boulevard (North Frontage Road) and Rescinding Parking Restrictions on Portions of Edgewood Avenue South and Florida Avenue South Jeannine Clancy introduced the agenda item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption, as amended: RESOLUTION 05-50 RESOLUTION RESTRICTING PARKING ON PORTIONS OF EDGEWOOD AVENUE SOUTH, FLORIDA AVENUE SOUTH, GOLDEN HILLS DRIVE, HAMPSHIRE AVENUE SOUTH, AND WAYZATA BOULEVARD (NORTH FRONTAGE ROAD) Regular Meeting of the City Council September 6, 2005 Page 5 Parking Revisions on Wayzata Boulevard (North Frontage Road): Restricting- Parking estrictingParking on Portions of Edgewood Avenue South and Wayzata Boulevard (North Frontage Road) and Rescinding Parking Restrictions on Portions of Edgewood Avenue South and Florida Avenue South - Continued The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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. Member Freiberg introduced the following resolution and moved its adoption, as amended: RESOLUTION 05-51 RESOLUTION TO RESCIND PARKING RESTRICTIONS ON PORTIONS OF EDGEWOOD AVENUE SOUTH AND FLORIDA AVENUE SOUTH 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, Grayson, Loomis, Pentel 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. Certification of 2006 Proposed Property Tax Lew Sue Vimig, Assistant Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the proposed tax levy for 2006: 2006 Proposed Levy General Fund Operating Levy $9,835,000 Fire Relief Levy 40,745 Tax Abatement Levy 367,215 Bonded Debt Levy 3,025,000 Total 2006 Proposed Net Levy $13.267,960 Announcements of Meetings The next Council/Manager meeting to Wednesday, September 14, 2005 at 6:30 p.m. A Bassett Creek Water Management Commission meeting will be held on September 15, 2005 at 11:30 a.m. Regular Meeting of the City Council September 6, 2005 Page 6 Announcements of Meetings - Continued Some Council Members may attend the Sunrise Assisted Living Grand Opening Celebration on September 15, 2005 beginning at 4:00 p.m. The Human Services Foundation will hold a Golf Tournament on September 16, 2005 at the Brookview Golf Course at 8:00 a.m. The next City Council meeting will be held on September 20, 2005 at 6:30 p.m. A Joint Planning Commission and City Council meeting will be held on September 26, 2005 at 6:30 p.m. A City Council meeting will be held on Thursday, October 6, 2005 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Authorization to Submit Grant Application - Innovations in American Government. Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Grayson and motion carried unanimously to authorize staff to prepare and submit a grant application for Envision Golden Valley and the Connection Project on behalf of the City of Golden Valley to the Ash Institute for Democratic Governance and Innovations. Adjournment The Mayor adjourned the meeting at 7:35 p.m. Linda R. Loomis, Mayor ATTEST: Ju ally, ministrative ssistant