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08-04-10 CC Minutes Regular Meeting of the City Council August 4, 2010 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 4, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Scanlon and Shaffer; and the following were absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Christine Columbus, Administrative Assistant. Approval of Agenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of August 4, 2010 as amended: Addition of Letter from Tom Mikkelson Regarding Ordinance 445, Amending Section 4.60, regarding Rainwater Collection Devices. Approval of Consent Agenda MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve the agenda of August 4, 2010 as amended: Removal of Email from Don Keysser regarding resignation from Planning Commission and Addition of Letter from Tom Mikkelson Regarding Ordinance 445, Amending Section 4.60, regarding Rainwater Collection Devices. *Approval of Minutes - Special City Council Meetina - July 13. 2010 and City Council Meeting - July 20. 2010 MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve the Special City Council Meeting minutes of July 13, 2010 and the City Council Meeting of July 20, 2010 as submitted. * Approval of Check Register MOVED by Shaffer 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 Shaffer seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council August 4,2010 Page 2 *Minutes of Boards and Commissions MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - July 12, 2010 Board of Zoning Appeals - June 22, 2010 Environmental Commission - June 28, 2010 Human Rights Commission - March 11, 2010 Civil Service Commission - February 1, 2010 Open Space and Recreation Commission - June 28, 2010 Envision Connection Project Board of Directors - June 26, 2010 *Approval of One Year Extension for Filing for Plat for 100 Brunswick Avenue North, Peter Miller, Applicant MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve an extension until August 12, 2011 to submit the final plat for 100 Brunswick Avenue North. *Authorization to Sign Agreement with MnDOT as Agent for Federal Participation for Preliminary Engineering for Douglas Drive Reconstruction Member Shaffer introduced the following resolution and moved its adoption: RESOLUTON10-41 RESOLUTION AUTHORIZING GRANT CONTRACT BETWEEN THE STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF COMMERCE, AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY, AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE AMERICAN REINVESTMENT AND RECOVERY ACT 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, Scanlon and Shaffer; and the following was absent: Pentel; 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 June 2010 General Fund Budget Report MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and file the June 2010 General Fund Budget Report. Regular Meeting of the City Council August 4, 2010 Page 3 *Donation of Excess Fire Eauipment Member Shaffer introduced the following resolution and moved its adoption: RESOLUTON 10-42 RESOLUTION AUTHORIZING DONATION OF EXCESS EQUIPMENT (PERSONAL PROTECTIVE EQUIPMENT) 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, Scanlon and Shaffer; and the following was absent: Pentel; 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. Letter from Don Kevsser Regarding Resignation from Planning Commission was removed from consent agenda Council Member Shaffer thanked Don Keysser for his service on the Planning Commission as a member and as Chair. Don Keysser stated he felt it was an honor and pleasure serving on the Commission and thanked the Council for their support of the Planning Commission, his fellow Commission Members and staff. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the letter from Don Keysser, dated July 22, 2010 regarding resignation from the Planning Commission. *Letter from Tom Mikkelson Regarding Ordinance 445. Amending Section 4.60. regarding Rainwater Collection Devices MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and file the Letter from Tom Mikkelson, dated August 2, 2010, regarding Ordinance 445, Amending Section 4.60, regarding Rainwater Collection Devices. Public Hearing - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3. PUD #33 North Wirth Parkway 2nd Addition - North Wirth Associates LLP. Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Lynnette Rothstein, North Wirth Associates LLP, reviewed the plat and answered questions from the Council. Regular Meeting of the City Council August 4,2010 Page 4 Public Hearina - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3. PUD #33 North Wirth Parkway 2nd Addition - North Wirth Associates LLP. Applicant - 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 Freiberg, seconded by Shaffer and motion carried to the preliminary plat for a lot consolidation of Lot 2 and Lot 3, PUD #33 North Wirth Parkway 2nd Addition. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES Continued Public Hearina - Ordinance #443 - Photovoltaic Module Reaulations The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE NO. 443, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Shaffer, seconded by Scanlon and motion carried to approve Ordinance #443, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES Continued Public Hearina - Ordinance #444 - Amendina Buildina Heiaht Reauirements Heiaht Reauirements Hiah Density Residential Zonina District ~ The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 444, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 11.24, Building Height Requirements in High Density Residential Zoning District (R-4) Mark Grimes, Director of Planning and Development, introduced the agenda. Regular Meeting of the City Council August 4, 2010 Page 5 Continued Public Hearina - Ordinance #444 - Amendina Buildina Heiaht Reauirements Heiaht Reauirements Hiah Density Residential Zonina District (R-41 - 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 Freiberg, seconded by Scanlon and motion carried to approve Ordinance #444, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES First Consideration - Ordinance #445 - Amendina Section 4.60, Reaardina Rainwater Collection Devices The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 445, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.60, Regarding Rainwater Collection Device Regulations Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard and 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. Tom Mikkelson, 6935 Knoll Street, stated he has no issue with the number of barrels but with the screening of them, showed pictures of a house with 9 barrels and all are visible from the street, and also showed pictures of screening options that are available. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried to refer Ordinance #445 back to staff to review and make amendments regarding location of barrels, size, number and screening for discussion at a future Council/Manager meeting. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES Regular Meeting of the City Council August 4, 2010 Page 6 First Consideration - Ordinance #446 - Addina a New Section 10.68: Outdoor Boilers The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE NO. 446, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 10.68: Outdoor Boilers Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried to adopt on First Consideration, Ordinance #446, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES Authorization to Sian Amended PUD Permit - North Wirth Parkway PUD 33. Amendment No.2 Mark Grimes, Director of Planning and Development, introduced the agenda item. MOVED by Shaffer, seconded by Freiberg and motion carried to authorize the Mayor and City Manager to sign the amended PUD Permit for North Wirth Parkway PUD No. 33, Amendment NO.2. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES Announcements of Meetinas A Bike-A-Long will be held on August 8, 2010 at 1 pm starting from the Police Department. A Concert in the Park featuring Blue Drifters will be held on August 9, 2010 at 7 pm at Brookview Park. Primary Election Day will be August 10, 2010. The next Council/Manager meeting will be held on Wednesday, August 11, 2010 at 6:30 pm. The next City Council meeting will be held on August 17, 2010 at 6:30 pm. Mavor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council August 4, 2010 Page 7 Adiournment The Mayor adjourned the meeting at 7:20 pm. ATTEST: Christine Columbus, Administrative Assistant Linda R. Loomis, Mayor