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07-01-08 Regular Meeting of the City Council July 1, 2008 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 July 1, 2008 at 6:30 p.m. The following members were present: Freiberg, Pentel, Loomis, Scanlon 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 Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of July 1, 2008 as amended: Addition of Emails Regarding Conditional Use Permit for 8300 10th Avenue North. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the items on the consent agenda as amended: Removal of Authorization to Sign Contract with Environmental Process, Inc. for Building Maintenance Project and Addition of Emails Conditional Use Permit for 8300 10th Avenue North. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - June 3, 2008 and Council/Manager Meeting-June 10,2008 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes for June 3, 2008 and the Council/Manager meeting minutes of June 10, 2008 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg 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 Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council July 1, 2008 Page 2 *Solicitor's License - All Craftsmen Exteriors MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for All Craftsmen Exteriors LLC. *Solicitor's License - Aspens Exteriors LLC MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Aspens Exteriors. *Solicitor's License - CMF Construction MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for CMF Construction. *Solicitor's License - Diversified Roofing MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Diversified Roofing. *Solicitor's License - Trinitv Restoration LTC MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Trinity Restoration LTC. *Solicitor's License - M J Miller Construction MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for M J Miller Construction. *Solicitor's License - Neitzell Construction MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Neitzell Construction. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - June 9, 2008 Open Space and Recreation Commission - April 28, 2008 Board of Zoning Appeals - May 27,2008 Environmental Commission - April 28, 2008 Envision Connection Project Board of Directors - May 12, 2008 Regular Meeting of the City Council July 1, 2008 Page 3 *Quotes - 800 MHz Mobile and Portable Radios MOVED by Pentel, seconded by Freiberg and motion carried unanimously to purchase the 800 MHz radio communication system from Motorola Communications and its RNC promotion at an amount not to exceed $128,584.00; or if participation in the RNC promotion is not possible, to purchase the radios directly from Motorola Communications in an amount not to exceed $148,312.00. *Authorizing Application to MnDOT Community Roadside Landscaping Partnership Program for Highwav 55 Lilac Planting Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-31 RESOLUTION AUTHORIZING APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM FOR HIGHWAY 55 LILAC PLANTING The motion for the adoption of the foregoing resolution was seconded by Member Freiberg 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. *Authorization to Sign Agreement with LHB, Inc. for Douglas Drive Corridor Planning Services MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the Professional Services Agreement with the LHB, Inc. for planning services for Douglas Drive to allow LHB, Inc., in conjunction with WSB, Inc., to conduct the Douglas Drive Corridor/Connection to the Luce Line Trail Planning Study. Authorization to Sign Contract with Environmental Process, Inc. for Building Maintenance Proiect Mayor Loomis requested the item be tabled so the Council could discuss the projects at the July Council/Manager meeting. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to discuss the item at the July 9 Council/Manager meeting and to consider approval of the item at the July 15, 2008 City Council meeting. Regular Meeting of the City Council July 1, 2008 Page 4 *Receipt of May 2008 General Fund Budget Report MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the May 2008 General Fund Budget Report. *Emails Regarding Conditional Use Permit for 8300 10th Avenue North. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Jane Heath, dated June 30,2008, and Nathan Cooley, dated July 1, 2008, regarding the Conditional Use Permit for 8300 10th Avenue North. Public Hearing - Ordinance #401 - Approval of Conditional Use Permit #08-122 - 1985 Douglas Drive - Honeywell. Inc.. Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 401, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 08-122 1985 Douglas Drive Honeywell, Applicant Leon Trout, Applicant, reviewed the conditional use permit and answered questions from the Council. Dave Cera, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development 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. Sally Fritzie, 1850 Hampshire Lane, had questions regarding what type of interference the residents will have on their televisions, radios and other appliances. Keith Heimer, 6405 Hampshire Place, wanted to know how many antennas and cameras are going on the tower and if anything else will be there; wanted to know exactly what the tower will look like; wanted to know about any antennas being placed there in the future; what the antennas will do, will they be submitting a signal to the tower or to Honeywell; and what type of waives will they be receiving and transmitting. The Mayor closed the public hearing. Regular Meeting of the City Council July 1, 2008 Page 5 Public Hearing - Ordinance #401 - Approval of Conditional Use Permit #08-122 - 1985 Douglas Drive - Honeywell, Inc., Applicant - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #401, 2nd Series, as amended: condition number 11 to read: No cameras located on the tower shall be aimed at private residential property. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearing - Ordinance #402 - Approval of Amended Conditional Use Permit #03- 105 - Amendment #1 - 8300 10th Avenue North - HLM Sports, LLC, Applicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 402, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit No. 03-105, Amendment NO.1 8300 10th Avenue North HLM Sports, LLC, Applicant Andrew Atkin, Applicant, reviewed the conditional use permit, showed a video of the site and answered questions from the Council. Dave Cera, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development introduced the agenda items and 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. Sean Heath, 1292 Castle Court, stated the business owner needs the variance to make his business plan irrelevant and that should have been addressed when he bought the business; said the noise tests he conducted were on concrete and not on a raised court as he proposes; feels a raised court will increase the noise dramatically; feels there will be more people using the courts to make the business more sound; suggested that a real sound test be done with an acoustical engineer with an environmental background with real noise conditions; expressed concern about the use of whistles for play and tournaments and feels that will have a noise impact; expressed concern over the property values as showing the homes in spring and summer will effect a sale. Regular Meeting of the City Council July 1, 2008 Page 6 Public Hearing - Ordinance #402 - Approval of Amended Conditional Use Permit #03- 105 - Amendment #1 - 8300 10th Avenue North - HLM Sports, LLC, Applicant- Continued Terry Steen, 1149 Orkla Drive, doesn't feel the cell phone video constitutes a valid test; says he can lie in his bed and night and hear car doors closing and feels he the noise of playing of basketballs in the evening will be significant and demonstrated how noisy the basketball bouncing is. Walter Sellman, 1290 Yukon Court, expressed concern over the noise and what other after hours activities will be held; said that there are already some vandalism and graffiti at the park and feels kids will be attracted to the area; wanted to know about the noise from boom boxes and skate boarders and feels regulations should be stipulated for them; and feels an enclosed structure would be the best of both worlds. Jodi Lindblom, 1293 Yukon Court, stated when they looked for the home were concerned about the noise close to an industrial area but found that it seemed reasonably quiet, concerned that now when they are on their 3 season porch they will hear the basketball courts in the evening, doesn't think the sound test was valid; feels the elevated court will be more noisy andwould like to see an enclosed structure that is available year round; expressed concern for teens loitering and noise; and value of their homes. The Mayor closed the public hearing. Andrew Aikin, Applicant, withdrew his request. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to accept the applicant's withdrawal of consideration of Ordinance #402, Approval of Amended Conditional Use Permit #03-105, Amendment #1, 8300 10th Avenue North, HLM Sports, LLC, Applicant. Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church - PUD #46 - Amendment #6 - 7520 Golden Vallev Road Thomas Burt stated the Church has requested the item be continued to the July 15, 2008 City Council Meeting. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to continue the item for authorization to sign amended PUD permit for Calvary Lutheran Church, PUD 46, Amendment No.6, 7520 Golden Valley Road until the July 15, 2008 City Council meeting. Staff was requested to get a list of other churches in the area that have columbarium's on their property so the Council can visit the sites. Regular Meeting of the City Council July 1, 2008 Page 7 Confirmation of Conditional Use Permit #120 Requirement - 1405 Lilac Drive North Mark Grimes, Director of Planning and Development, introduced the agenda item. Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried to reaffirm the direction to the City Manager to put a 6 foot high cedar board on board privacy fence on the northwest corner, behind 5545 Golden Valley Road and supplement some additional trees on the northern property line for additional screening. Council Member Freiberg voted no. Declaration of Hazardous Building - 2530 and 2540 Douglas Drive North Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to order completion of the building exterior or removal of the hazardous building at 2530 and 2540 Douglas Drive North. Authorization to Sign Amended PUD Permit - North Lilac Drive Addition PUD#42 - Amendment #3 - 820 Lilac Drive North Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for the North Lilac Drive Addition PUD No. 42, Amendment No.3, 820 Lilac Drive North. Authorization to Sign Amended PUD Permit - North Lilac Drive Addition PUD #42 - Amendment #4 - 810 Lilac Drive North Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for the North Lilac Drive Addition PUD No. 42, Amendment No.4, 810 Lilac Drive North with the condition that the site be cleaned up. Regular Meeting of the City Council July 1, 2008 Page 8 Continued Item - Multiple Dwelling License - Douglas Drive Apartments Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Scanlon to deny the renewal of the multiple dwelling licenses. Motion died for a lack of a second. MOVED by Shaffer, seconded by Pentel and motion carried to approve the multiple dwelling licenses for 1400, 1450, 1500 and 1600 Douglas Drive. Council Member Scanlon voted no. For consideration at a future meeting, staff will review the Housing Maintenance Code and Multiple Dwelling Code for amendments adding language for revocation of licenses for number of police and/or nuisance calls. Staff was requested to inform the Council of the outcome of the inspections that are conducted in the fall of 2008. Announcements of Meetings The City offices will be closed on July 4,2008 in observance of Independence Day. A Concert in the Park featuring Calhoun Brass will be held on July 7,2008 at 7 pm at Brookview Park. The next Housing and Redevelopment Authority meeting will be held on July 8, 2008 at 6:30 pm. The next Council/Manager meeting will be held on July 8, 2008 immediately following the HRA meeting. A Concert in the Park featuring Leroy's River Minstrels will be held on July 14, 2008 at 7 pm at Brookview Park. The next City Council meeting will be held on July 15, 2008 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on July 17, 2008 at 11:30am. The Bridge Builders meeting will be held on July 19, 2008 at 10 am at the Eloise Butler Garden. Regular Meeting of the City Council July 1, 2008 Page 9 Announcements of Meetings - Continued Some Council Members may attend the Retirement Party for Joe Dutton on July 19, 2008 at 6 pm at the Northland Inn. A Concert in the Park featuring Mr. Rowles will be held on July 21,2008 at 7 pm at Brookview Park. A Concert in the Park featuring Stompin' Dixie will be held on July 28, 2008 at 7 pm at Brookview Park. The Ice Cream Social will be held on July 28, 2008 at 7 pm at Brookview Park. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 9:30 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant