10-06-05 CC MinutesRegular Meeting
of the
City Council
October 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 October 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 Freiberg and motion carried unanimously to approve
the agenda of October 6, 2005 as amended: renumber agenda packet pages.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the
agenda of October 6, 2005 as submitted.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes: Council/Manager Meeting - September 14, 2005
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the
Council/Manager meeting minutes of September 14, 2005 as submitted.
*Bills and Claims
MOVED by Grayson, 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 Grayson, seconded by Shaffer and motion carried unanimously to authorize
the issuance of licenses as recommended by staff.
Regular Meeting of the City Council
October 6, 2005
Page 2
*Gambling License Renewal - Minnesota Youth Athletic Services
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-54
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL
FOR THE CONDUCT OF LAWFUL GAMBLING
(MINNESOTA YOUTH ATHLETIC SERVICES)
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.
*Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the
Veterans of Foreign Wars Post #7051
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license to conduct excluded bingo at the Veterans of Foreign Wars Post
#7051.
*Solicitor's License - The Fund for Public Interest Research
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for The Fund for Public Interest Research.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - September 12, 2005
Envision Connection Project Executive Board - July 28, 2005
Board of Zoning Appeals - July 26, 20056
Building Board of Review - July 25, 2005
*Letter from Joanie Clausen Regarding Resignation from Human Services
Foundation
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Joanie Clausen, received September 21, 2005, regarding resignation
from the Human Services Foundation and request the Mayor send her a letter of
appreciation in recognition for her service to the community.
Regular Meeting of the City Council
October 6, 2005
Page 3
*Letter from Richard McGowan Regarding Scott Avenue Flood Control Proiect
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file letter from Richard McGowan, dated September 6, 2006, regarding Scott Avenue North
Flood Control Project.
*Bids - Miscellaneous City Improvements
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to award the
bid for miscellaneous city improvements to the lowest responsible bidder, Thomas and
Sons Construction, Inc., for $360,367.91. The bids are as follows
Thomas and Sons Construction, Inc. $360,367.91
Jay Bros. Inc. 379,036.50
*Call for Public Hearing - Special Assessments - October 18, 2005
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to call for a
public hearing for special assessments for October 18, 2005 at 7:00 p.m.
*Approval of Appointment of Election Judges for General Election
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-55
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2005
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.
*Proclamation for George Ewing Day - October 27, 2005
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to proclaim
October 27, 2005 as George Ewing Day.
*Proclamation for Toastmasters Month - October 2005
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to proclaim
October 2005 as Toastmasters Month.
Regular Meeting of the City Council
October 6, 2005
Page 4
Public Hearing - Ordinance #335 - Conditional Use Permit - 2225 Zenith Avenue North
The following ordinance was MOVED by Pentel, seconded by Grayson:
ORDINANCE NO. 335, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 05-111
2225 Zenith Avenue North
LoveWorks Early Childhood Academy, Applicant
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
Dick Walker, St. Margaret Mary Church Board of Directors; and April Harrison, Education
Director, LoveWorks Academy Early Childhood Program; reviewed the plans for the
academy and answered questions from the Council.
Dave Cera, Planning Commission, presented the Commission 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 Pentel, seconded by Grayson and motion carried unanimously to approve
Ordinance #335, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Public Hearing - Preliminary Plat Approval -1440 June Avenue South
John Dwyer, Architect, and Colin Ogelsbay, Designer, reviewed the plat and answered
questions from the Council.
Dave Cera, Planning Commission, presented the Commission report and answered
questions from the Council.
Mark Grimes, Director of Planning and Development, 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.
Regular Meeting of the City Council
October 6, 2005
Page 5
Public Hearing - Preliminary Plat Approval -1440 June Avenue South - Continued
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
preliminary plat for 1440 June Avenue South, subject to the following conditions:
1. The final plat of the June Avenue Addition will be consistent with the preliminary plat
submitted with the subdivision application.
2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development, dated September 6, 2005, shall become a part
of this approval.
3. A park dedication fee shall be paid in the amount of $1,000 prior to approval of the final
plat by the City Council.
Public Hearing - Preliminary Plat Approval - 209 Cutacross Road
Dave Spencer, applicant, reviewed this plat and answered questions from the Council.
Dave Cera, Planning Commission, presented the Commission report and answered
questions from the Council.
Mark Grimes, Director of Planning and Development, answered questions from the
Council. 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.
Patrick Whalen, 216 Paisley Lane, wanted the Council to look at the petitions opposing the
project and think about how the neighborhood feels before they make their decision.
Peter Miller, 100 Brunswick Avenue North, stated his house is small but thinks that
eventually he may want to do the same thing as the applicant; feels the existing home
needs a lot of work; and stated older residents are moving from the neighborhood because
they can't take care of the property.
Steven Reinke, 225 Brunswick Avenue South, stated the lots are large; felt that the house
needed major renovations as maintenance on the home was not kept up; stated he was
the realtor that showed the owner the lot and feels it would be a great addition to the
neighborhood.
The Mayor closed the public hearing.
Regular Meeting of the City Council
October 6, 2005
Page 6
Public Hearing - Preliminary Plat Approval - 209 Cutacross Road - Continued
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the preliminary plat for 209 Cutacross Road, subject to the following conditions:
1. The final plat will be consistent with the preliminary plat prepared by the applicant
submitted with the subdivision application.
2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development, dated August 22, 2005, shall become a part of
this approval.
3. A park dedication fee shall be paid in the amount of $1,000 prior to approval of the final
plat by the City Council.
The Council asked that at a future Council/Manager meeting the Council discuss design
guidelines and the subdivision ordinance.
Second Consideration - Ordinance #334 - Hours of Operation for Off -Sale Liquor
Stores
The following ordinance was MOVED by Shaffer, seconded by Grayson:
ORDINANCE NO. 334, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 5, Amending Section 5.42
Regarding Hours of Operation for Off -Sale Liquor Stores
Thomas Burt introduced the agenda item and answered questions from the Council.
MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve
Ordinance #334, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Announcements of Meetings
The next Housing and Redevelopment Authority Meeting will be held on October 11, 2005
at 6:30 p.m. followed by a Council/Manager meeting.
The next City Council meeting will be held on October 18, 2005 at 6:30 p.m.
A Bassett Creek Water Management Commission meeting will be held on October 20,
2005 at 11:30 a.m.
A City Council meeting will be held on November 1, 2005 at 6:30 p.m.
Some Council Members may attend the Kelly Pumpkin Festival on October 8, 2005.
Regular Meeting of the City Council
October 6, 2005
Page 7
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8:09 p.m.
ATTEST:
kyNaII6 Administrative Assistant