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11-15-05 CC Minutes -unsigned Regular Meeting of the City Council November 15, 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 November 15, 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. Presentation bv Mason Schmitz, Council Member, Citv of Brooklvn Park Mason Schmitz, Council Member, City of Brooklyn Park, read a proclamation from the Brooklyn Park City Council which thanked the City for its aid and assistance provided to them after extensive storm damage. Approval of Aqenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of November 15, 2005 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Aqenda MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the agenda of November 15, 2005 as amended: removal of Authorization to Sign Agreement with Short Elliott Hendrickson, Inc. for Pennsylvania Avenue North Sidewalk. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: Joint Golden Valley and St. Louis Park City Councils - July 25, 2005; Citv Council Meetinq - November 1, 2005; Canvassinq Board Meetinq - November 9, 2005 and Council/Manaqer Meetinq - November 9, 2005 MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the minute of the Joint Golden Valley and St. Louis Park City Councils meeting of July 25, 2005; City Council meeting of November 1, 2005; Canvassing Board meeting of November 9, 2005 and Council/Manager meeting of November 9, 2005 as submitted. Regular Meeting of the City Council November 15, 2005 Page 2 *Bills and Claims MOVED by Grayson, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - October 12, 2005 Approval of Elected Official Out-of-State Travel Policy Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 05-68 RESOLUTION ESTABLISHING THE ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY 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. *Authorization to Siqn Aqreement with Short Elliott Hendrickson, Inc. for 2007 Pavement Manaqement Proqram MOVED by Grayson, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign an agreement with Short Elliott Hendrickson Inc. for professional engineering services for the 2007 Pavement Management Program for an amount not to exceed $324,900. Authorization to Siqn Aqreement with Short Elliott Hendrickson, Inc. for Pennsylvania Avenue North Sidewalk Council Member Pentel had questions about the public participation process. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council November 15, 2005 Page 3 Authorization to Siqn Aqreement with Short Elliott Hendrickson, Inc. for Pennsvlvania Avenue North Sidewalk - Continued MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the agreement with Short Elliott Hendrickson Inc. for design services associated with the Pennsylvania Avenue North Sidewalk (Plymouth Avenue to Olympia Street) for an amount not to exceed $26,500. Public Hearing - Preliminary Design Plan Amendment Approval - Golden Vallev Shoppinq Center - PUD #65 -Amendment #2 Dave Clark, Architect, reviewed the plans and answered questions from the Council. Cathy Waldhauser, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Thomas Burt and Jeannine Clancy 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. Anne Dykstra, 2620 Major Avenue North, stated she uses the shopping center but feels it is difficult to turn onto Winnetka from the parking lot; also thinks the traffic pattern within the parking lot is difficult to maneuver; stated people driving through the parking lot to get to the closest parking spot causes problems and suggested reconfiguring the lot. Mauno Silpala, 2000 Rhode Island Avenue North, wanted to know if a grocery store could be included in the downtown area; stated the only store is Byerly's; stated now that people are moving into the downtown area it would beneficial to put a grocery store downtown so people could walk there. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve the Preliminary Design Plan Amendment, Amendment#2, PUD #65, Golden Valley Shopping Center subject to the following conditions: 1. The site plan for the expansion prepared by WCL Architects and dated October 13, 2005 shall become a part of this approval. 2. The landscape plan prepared by WCL Architects and dated October 13, 2005 shall become a part of this approval and be reviewed and approved by the Building Board of Review. 3. The building and elevation plans must be approved by the Building Board of Review. Regular Meeting of the City Council November 15, 2005 Page 4 Public Hearinq - Preliminary Desiqn Plan Amendment Approval - Golden Vallev Shoppinq Center - PUD #65 -Amendment #2 - Continued 4. The recommendations of the City Engineer Jeff Oliver, PE, found in a memo to Mark Grimes dated October 28, 2005 shall become a part of this approval. 5. All dumpsters on the shopping center property shall be screened from view from Golden Valley Road. Dumpster enclosures shall be utilized and dumpsters placed within the enclosures. (This means that new enclosures shall be constructed for the exposed dumpster for the two westernmost buildings on the shopping center campus.) All dumpsters and recycling materials will be kept inside the 550 Winnetka Avenue North building. 6. The overall parking for the shopping center is reduced from 401 (as approved as part of the original PUD No. 65) to 387. 7. The total signage for the 550 Winnetka Avenue North building (including signage on the pylon sign) shall be limited to the amount permitted for a commercial building of its size in the Commercial Zoning District. The amount of signage for the remainder of the buildings in the shopping center shall remain "as is" as per the existing PUD permit. 8. Dumpster enclosures must be constructed for all dumpsters on the shopping center by June 1, 2006. The Director of Inspections shall approve the enclosure design. The dumpster enclosure design will be submitted with final plan approval. All dumpsters shall be kept within the dumpster enclosures at all times. 9. The recommendations of the Deputy Fire Marshal Ed Anderson found in his memo to Mark Grimes dated October 16, 2005 shall become a part of this approval. 10. Additional fixed pedestrian access will be included between the new building and the existing shopping center. 11. Landscape plans will be amended to add screening on the south side. Second Consideration - Ordinance #337 -Amendment to Section 10.62, Disorderlv Conduct Reqardinq Construction or Repairinq of Buildinqs The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 337, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.62 Disorderly Conduct - Additional Prohibitive Acts Regarding Construction or Repairing of Buildings Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #337, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Regular Meeting of the City Council November 15, 2005 Page 5 Second Consideration - Ordinance #338 -Amendment to Section 7.04, Reimbursement for Damaqe to Riqht-of-Ways The following ordinance was MOVED by Freiberg, seconded by Grayson: ORDINANCE NO. 338, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 7.04 - Reimbursement for Damage to Right-of-Ways Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve on Second Consideration, Ordinance #338, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES First Consideration - Ordinance #339 -Amendment to Section 4.60, Multiple-Dwellinq Propertv Maintenance Code and Providinq for Licensinq of Rental Properties The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 339, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 4.60, Multiple-Dwelling Property Maintenance Code and Providing for Licensing of Rental Properties Bob Hernz, Director of Public Safety, and Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #339, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Set Date for Board/Commission Interviews The Council set Monday, December 5, 2005 beginning at 5:00 p.m. and Wednesday, December 7, 2005 beginning at 7:00 p.m. as the dates and times for board/commission interviews. The Council also was asked to review their calendars for possible dates to hold the Council Goal-Setting Workshop. Regular Meeting of the City Council November 15, 2005 Page 6 Announcements of Meetinqs A Bassett Creek Water Management Commission meeting will be held on November 17, 2005 at 11:30 a.m. A Joint City Council and Open Space and Recreation Commission meeting will be held on November 21, 2005 at 6:30 p.m. at the Brookview Community Center. The Council will interview Board/Commission applicants on December 5, 2005 beginning at 5:00 p.m. The 2006 Budget Public Hearing will be held on December 5, 2005 at 6:30 p.m. The next City Council meeting will be held on December 6, 2005 at 6:30 p.m. An I-394 Corridor Study Open House will be held on December 7, 2005 beginning at 4:30 p.m. The Council will interview Board/Commission applicants on December 7, 2005 beginning at 7:00 p.m. A Reconvened 2006 Budget Public Hearing will be held on December 12, 2005, if needed. The next Council/Manager meeting will be held on December 13, 2005 at 6:30 p.m. A City Council meeting will be held on December 20, 2005 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:15 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant