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08-02-04 CC MinutesRegular Meeting of the City Council August 2, 2004 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 August 2, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, and Shaffer. 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 August 2, 2004 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the items on the consent agenda, except removal of Bids - Fire Station 3 HVAC System Upgrade. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meeting - June 1 and 15, 2004 and Special Council/Manager Meeting - July 22, 2004 MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the City Council minutes from June 1 and June 15, 2004 and the Special Council/Manager minutes from July 22, 2004 as submitted. *Bills and Claims MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council August 2, 2004 Page 2 *Peddler's License - T. J. Beagan for Century 21 Real Estate MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the peddler's license for T. J. Beagan for Century 21 Real Estate. *Solicitor's License - Fund for Public Interest Research MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the peddler's license for Fund for Public Interest Research. *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Joint Water Commission - June 2, 2004 Human Services Foundation - June 14, 2004 Board of Zoning Appeals - May 25, 2004 Bids - Fire Station 3 HVAC System Upgrade Council Member Grayson requested staff reference the page number of the Capital Improvement Plan (CIP) in future Executive Summaries and had questions about the difference in the bid amounts. Jeannine Clancy answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to award the bid for the heating, ventilation and air conditioning (HVAC) system upgrade for Fire Station 3, from the lowest responsible bidder, Metro Sheet Metal, Inc. for $65,055.00. The bids were as follows: Metro Sheet Metal, Inc. $65,055.00 NS/I Mechanical Contracting Co. 65,600.00 Kumar Mechanical, Inc. 69,900.00 Gen -Cor Construction 94,900.00 Doody Mechanical, Inc. 655,817.00 *Board/Commission Appointments Mayor Loomis stated under Human Services Foundation, Brenda Foster is being appointed as a Citizen -at -large member. MOVED by Freiberg, seconded by Grayson and motion carried unanimously to make the following appointments: Regular Meeting of the City Council August 2, 2004 Page 3 *Board/Commission Appointments - Continued Board of Zoning Appeals: Mike Duff 1 year term term expires - 4/1/05 Building Board of Review: Venora Hung 1 year term term expires - 3/1/05 Human Services Foundation: Gloria Johnson 2 year term term expires - 4/1/06 Jennifer Koenig 2 year term term expires - 4/1/06 Brenda Foster 1 year term term expires - 4/1/05 *Sale of Self -Contained Breathing Apparatus Citizen -at -large Business/Community organization Citizen -at -large Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-60 RESOLUTION AUTHORIZING SALE OF EXCESS EQUIPMENT (SELF-CONTAINED BREATHING APPARATUS) The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis 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. Public Hearings - Rezoning to Two Family (R-2) Residential Zoning District and Preliminary Plat Approval - 2548 Douglas Drive North Thomas Burt introduced the agenda item and answered questions from the Council. Allen Barnard stated that both public hearings could be considered at the same time. 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 Freiberg, seconded by Shaffer and motion carried unanimously to continue the public hearing until August 17, 2004 for consideration of the rezoning to Two Family (R-2) Residential Zoning District and the preliminary plat for 2548 Douglas Drive North. Regular Meeting of the City Council August 2, 2004 Page 4 Public Hearing - Conditional Use Permit No. 03-104 - Amendment #1 -1200 Mendelssohn Avenue North Thomas Burt introduced the agenda item 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 Grayson, seconded by Freiberg and motion carried unanimously to continue the public hearing until August 17, 2004 for consideration of conditional use permit no. 03- 104, amendment #1, 1200 Mendelssohn Avenue North. Authorization to Sign Agreement with WSB & Associates, Inc. for Easement Mappin Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the professional surveying and mapping services from the lowest responsible bidder, WSB & Associates, Inc. for an amount not to exceed $85,000. The quotes were as follows: WSB & Associates, Inc. $85,000 Short Elliott Hendrickson, Inc. 103,000 Schoell & Madson, Inc. 296,980 Evergreen Land Services/Bonestroo 363,500 Second Consideration - Ordinance #307 - Amendments Regarding Garage and Real Estate Signs The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 307, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Regarding Provisions Relating to Garage and Real Estate Sale Signs Thomas Burt presented the staff report and answered questions from the Council. Mark Kuhnly, Chief of Fire and Inspection Services, showed pictures of violations that have occurred in the past 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. Regular Meeting of the City Council August 2, 2004 Page 5 Second Consideration - Ordinance #307 - Amendments Regarding Garage and Real Estate Signs - Continued Julie Johnson, 300 Edgewood Avenue North, stated she and her sister only hold one sale a year, they sell their own things they want to get rid of; feels that signs are critical to holding the sale; stated that people go to garage sales impulsively when they see the signs and they need easy signs to see; she doesn't see how the ordinance is going to work; stated she has no problems seeing around garage sale signs on corners, suggested restrictions on the size of the signs and the number of days they could be up. Lynn Schneider, 310 Louisiana Avenue North, stated she has a sale to get rid of stuff, stated many low income people go to the sales as well as teachers getting things for their classrooms; many older people come to sales as part of their social life; neighbors come by to socialize; doesn't feel it is worth taxpayers money to have staff pick up the signs; stated she hasn't heard any complaints about the garage sale signs; feels if there is a problem you could fine the people who leave their signs up too long. The Mayor closed the public hearing. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve Ordinance #307, 2nd Series, as amended - Section 4.20 Subdivision 8. General Regulations to read as follows: J. Garage and Real Estate Sale Signs. Garage and Real Estate sale signs shall be subject to the following requirements: 1. No resident shall display garage sale signs for more than eight (8) days per year. Such signs shall not be displayed on more than two (2) non -continuous occasions per year. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES The Council requested that staff prepare an educational article for the newsletter and pamphlets about garage sale signs. They also suggested that staff review corner visibility issues and enforce corner setback requirements. TH 55/Boone Avenue North/General Mills Boulevard Intersection and Flood Proofing Improvements Project Update Jeannine Clancy updated the Council on the history, reasons and benefits of the project and its impact on the area and answered questions from the Council. Thomas Burt discussed the financial impact of the project on residents and property owners. Regular Meeting of the City Council August 2, 2004 Page 6 Announcements of Meetings National Night Out Celebrations will be held throughout the evening on August 3, 2004. The next Council/Manager meeting will be held on August 10, 2004 at 6:30 p.m. The next City Council meeting will be held on August 17, 2004 at 6:30 p.m. The next Bassett Creek Water Management Commission will meet on August 19, 2004 at noon. The City Council will meet on August 26, 2004 at 8:00 a.m. to discuss the Council Member vacancy. The Council will interview applicants for the Council Member vacancy on August 30, 2004 at 6:30 p.m. A Special Council/Manager meeting will be held on August 31, 2004 at 6:30 p.m. A City Council meeting will be held on September 7, 2004 at 6:30 p.m. A Council/Manager meeting will be held on Monday, September 13, 2004 at 6:30 p.m. Primary Election Day is September 14, 2004. A Bassett Creek Water Management Commission meeting will be held on August 16, 2004 at noon. A City Council meeting will be held on September 21, 2004 at 6:30 p.m. Mayor and Council Communications Mayor Loomis reviewed the process for filling the Council Member vacancy. Regular Meeting of the City Council August 2, 2004 Page 7 Adjournment The Mayor adjourned the meeting at 7:36 p.m. Linda R. Loomis, Mayor ATTEST: l J y Nall Administra a Assistant