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06-16-09 CC Minutes Regular Meeting of the City Council June 16, 2009 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 June 16, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager, Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Northwest Hennepin Human Services Council Presentation Susan Blood, Executive Director, thanked the Council for their financial support and reviewed the programs and services offered. She distributed a letter from Mike Schock, representative from the Council. Approval of Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of June 16,2009 as amended: Addition of Letter from Mike Schock Regarding Northwest Hennepin Human Services Council. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of June 16, 2009 as amended: Addition of Letter from Mike Schock Regarding Northwest Hennepin Human Services Council. Approval of Minutes - City Council Meeting - Mav 19. 2009 and CouncillManaqer Meeting - June 9. 2009 Council Member Pentel requested that the Council/Manager minutes, Minneapolis Charter Commission Letter, add the following sentence: Staff will forward the Council a draft of the letter before it gets sent. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of May 19, 2009 as submitted, and Council/Manager Meeting minutes of June 9, 2009 as amended: Minneapolis Charter Commission Letter, add the following sentence: Staff will forward the Council a draft of the letter before it gets sent. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the bills as submitted. Regular Meeting of the City Council June 16, 2009 Page 2 General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's license - Apx Alarm Solutions. Inc. MOVED by Pentel, seconded by Freiberg_and motion carried unanimously to approve the solicitor's license for Apx Alarm Solutions, Inc. *Solicitor's License - Twin City Homeworks LLC MOVED by Pentel, seconded by Freiberg.and motion carried unanimously to approve the solicitor's license for Twin City Homeworks LLC. *Solicitor's license - Elizabeth Miedena for Southwestern Company MOVED by Pentel, seconded by Freiberg.and motion carried unanimously to approve the solicitor's license for Elizabeth Miedena for Southwestern Company. *Gamblina license Exemption and Waiver of Notice Reauirement - North Memorial Foundation MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for North Memorial Foundation. *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 - April 27, 2009 Human Rights Commission - April 16, 2009 Human Services Foundation - May 11, 2009 *Letter from Sheldon Resia Re9ardina Secondary Driveways MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Sheldon Resig, dated June 9, 2009, regarding secondary driveways. Regular Meeting of the City Council June 16, 2009 Page 3 *Letter from South Tyrol Hills Neiahborhood Association Reaarding Storm Water Pond MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from the South Tyrol Hills Neighborhood Association, dated June 6,2009, regarding their stormwater pond and direct staff to respond according to advise the association that the City cannot provide the water as requested. *Letter from Mike Schock Reaardina Northwest Hennepin Human Services Advisory Council MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Mike Schock, regarding the Northwest Hennepin Human Services Advisory Council. *Authorizina Application to Minnesota Department of Transportation Communitx Roadside Landscapina Partnership Proaram for Hiahway 55 Lilac Plantina Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09- 35 RESOLUTION AUTHORIZING 2009 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 Shaffer 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. *Authorizina Call of Outstandina General Obliaation Tax Increment Bonds. Series 2003A and Taxable General Obliaation Tax Increment Bonds. Series 2003B - Valley Square Area B Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-36 RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003A AND TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003B Regular Meeting of the City Council June 16, 2009 Page 4 *Authorizina Call of Outstandina General Obliaation Tax Increment Bonds, Series 2003A and Taxable General Obliaation Tax Increment Bonds, Series 2003B - Valley Square Area B - Continued 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, 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. *Discontinuation of Valley .SQuare Tax Increment District Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-37 RESOLUTION AMENDING THE VALLEY SQUARE TAX INCREMENT FINANCING DISTRICT TO DISCONTINUE THE COLLECTION OF INCREMENT GENERATED FROM ALL PARCELS 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, 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. *Receipt of May 2009 General Fund Budaet Report MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the May 2009 General Fund Budget Report. Authorization to Sian Environmental Response Fund Grant Aareement and Barr Enaineerina Company Aareement for Twin Lake Reaional Storm Water Pond Council Member Freiberg requested that in Section 3.2 of the Barr Engineering agreement the following sentence be removed: Barr reserves the right to change the Fee Schedule at any time. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to sign the Environmental Fund Grant Agreement between City of Golden Valley and Hennepin County Department of Environmental Services. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to sign Professional Consulting Services Agreement between the City of Golden Valley and Barr Engineering Company, removing the following provision in Section 3.2 "Barr reserves the right to change the Fee Schedule at any time." Regular Meeting of the City Council June 16, 2009 Page 5 *Authorize Repair of Wesley Park Shelter Buildina MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and Manager to sign contracts in an amount not to exceed $35,000 for the repair of Wesley Park Shelter building. Public Item - 2008 National Pollution and Discharge Elimination System (NPDES) Phase II, Storm Water Pollution Prevention Plan. Annual Report to Minnesota Pollution Control Aaency AI Lundstrom, Environmental Coordinator, 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. Public Item - 2008 National Pollution and Discharae Elimination System (NPDESl Phase II. Storm Water Pollution Prevention Plan. Annual Report to Minnesota Pollution Control Aaency - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 09-38 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. Public Item - Appeal from Board of Zonina Appeals Denial - Michael Johnson -1525 Sumter Avenue North Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Mike Johnson, 1525 Sumter Avenue North, reviewed the Board of Zoning Appeals (BZA) denial and his reasons for his appeal and answered questions from the Council. Mike Kisch, representing the BZA, explained the BZA's decision. Regular Meeting of the City Council June 16, 2009 Page 6 Public Item - Appeal from Board of Zonina Appeals Denial - Michael Johnson -1525 Sumter Avenue North - Continued 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 Pentel and motion carried unanimously to grant the variance to Section 11.21, Subd. .11 (A)(1) of City Code for 1525 Sumter Avenue North as originally proposed to the BZA and modify the decision of the BZA, allowing the applicant to construct the proposed deck within the front yard setback area to a distance of 30 feet from the property line, and removing conditions that constrain the area of the structure. The City Council determined that there was an undue hardship based on the following findings: that the intent of the City Code is being upheld, the use of the word "porch" is vague; the triangle portion of the proposed deck does not constitute any relaxation of the hardship; if the use of the word "porch" was clear the item would not even have required a variance. First Consideration - Ordinance #420 - Adoption of Amended State Buildina Code - Incorporation of 2008 National Electrical Code and Residential/Commercial Enerav Code The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 420, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the Amended State Building Code Incorporation of the 2008 National Electrical Code and Residential/Commercial Energy Code Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Gary Johnson, Building Official, 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 Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #420, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council June 16, 2009 Page 7 Announcements of Meetinas The Fire and Police Open House is June 17, 2009 from 6 to 8 pm at all Police/Fire buildings. Some Council Members may attend the Board/Commission Recognition Dinner on June 17,2009 at 6:30 pm at the Brookview Community Center. A Bassett Creek Watershed Management Commission meeting will be held on June 18, 2009 at 11 :30 am. A Concert in the Park featuring Robbinsdale City Band will be held on June 18, 2009 at 7 pm at Brookview Park. The Golden Valley Historical Society Antique Road Show will be held on June 20,2009 at 1 : 15 pm at The Heathers. The Fire Department Street Dance is June 20,2009 at the American Legion. A Concert in the Park featuring Jeff Brooks will be held on June 22, 2009 at 7 pm at Brookview Park. Some Council Members may attend Sue Cook's retirement party on June 25, 2009 from 3-6 pm at Brookview Community Center. A Concert in the Park featuring Stomping Dixie will be held on June 29, 2009 ~t 7 pm at Brookview Park. A Concert in the Park featuring Medicine Show Music Co. will be held on July 6, 2009 at 7 pm at Brookview Park. The next City Council meeting will be held on July 7,2009 at 6:30 pm. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7:58 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant