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07-20-10 CC Minutes Regular Meeting of the City Council July 20, 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 July 20, 2010 at 6:30 pm. The following members were present: Loomis, Pentel, Scanlon and Shaffer; and the following were absent: Freiberg. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Northwest Hennepin Human Services Council Presentation Susan Blood, Executive Director, Anita Perkins, Program Coordinator, Nicole Ave'Lalleman, Program Coordinator, Matti Gurney, Regional Community Research Coordinator, and Larry Kennebeck, Senior Board Member, reviewed programs and services offered through the Council. Approval of Aaenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of July 20,2010 as amended, Executive Summary typo. Approval of Consent Aaenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of July 20, 2010 as submitted. * Approval of Minutes - City Council Meetina - June 15. 2010 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of June 15, 2010 as submitted. *Approval of Check Reaister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitors License - Sisters Camelot MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Sisters Camelot. Regular Meeting of the City Council July 20, 2010 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - June 28, 2010 Human Services Foundation - May 10, 2010 Joint Water Commission - June 2,2010 Open Space and Recreation Commission - May 24,2010 *Authorization to Sign Agreement with Hennepin County and Anderson-Johnson Associates. Inc. for Little League Ball Fields MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the Agreement for Honeywell Youth Field Expansion (Contract No. A101032) with Hennepin County. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the Professional Services Agreement with Anderson- Johnson Associates, Inc. for design and construction management of the Little League Ball Fields for $76,700. *Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highwav 100 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until February 28, 2011, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits area applied for by Duke. Regular Meeting of the City Council July 20, 2010 Page 3 *Authorization to Sian Aareement with MnDOT as Aaent for Federal Participation for Preliminary Enaineerina for Doualas Drive Reconstruction Member Pentel introduced the following resolution and moved its adoption: RESOLUTON 10-40 RESOLUTION AUTHORIZING AGREEMENT WITH MnDOT DESIGNATING MnDOT AS THE CITY OF GOLDEN VALLEY'S AGENT FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR THE RECONSTRUCTION OF DOUGLAS DRIVE (CSAH 102); AUTHORIZING THE COMMISSIONER OF TRANSPORTATION TO ACCEPT FEDERAL FUNDS ON CITY'S BEHALF 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: Loomis, Pentel, Scanlon and Shaffer; and the following was absent: Freiberg, 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 Sian Aareement with Chestnut Cambronne for Prosecutina Attorney Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to execute a Legal Services Agreement with Chestnut Cambronne, P.A. for prosecution services for the period January 1,2011 through December 31, 2014. *Authorization to Sian Service Aareements with YMCA MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the service agreement with YMCA of Metropolitan Minneapolis, Northwest Branch. Public Hearina - Ordinance #442 - Establishina Reaulations for Wind Eneray Conversion System The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 442, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 11.74: Wind Energy Conversion Systems Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council July 20, 2010 Page 4 Public Hearina - Ordinance #442 - Establishina Reaulations for Wind Enerav Conversion System - Continued Les Eck, Planning Commission, presented the Commission report 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 Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #442, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - ABSENT LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearina - Ordinance #443 - Photovoltaic Module Reaulations The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 443, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Mark Grimes, Director of Planning and Allen Barnard answered questions from the Council. Les Eck, Planning Commission, presented the Commission report 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 Pentel, seconded by Shaffer and motion carried unanimously to continue consideration of Ordinance #443 to the August 4, 2010 City Council Meeting. Upon a roll call vote, the vote was as follows: Staff will prepare the amendments to Ordinance #443 for consideration at the next meeting. Regular Meeting of the City Council July 20, 2010 Page 5 Public Hearing - Height Regulations in High Density Residential Zoning District (R-4) Mayor Loomis introduce the agenda item. 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 unanimously to continue consideration of an ordinance for height regulations in High Density Residential Zoning District (R-4) to the August 4,2010 City Council Meeting. Authorization to Sign Amended PUD Permit - Hidden Lakes PUD No. 74 - Amendment No.5 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. Paul Pink, 1405 Waterford Drive, Hidden Lakes Board Member and Architect, reviewed the request and answered questions from the Council. Jules Schulman, 1440 Waterford Drive, requested that he be allowed to expand his deck to within 5 feet of the rear property line. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to deny the request to sign the amended PUD Sub-Permit for Hidden Lakes PUD No. 74, Amendment No. 5 based on the following findings: approval would be precedent setting and could potentially have an effect on lots in the development; it would effect the longstanding basis for the development and the envelope was negotiated back then the property was original developed with open space and that should be maintained. Authorization to Draft Agreement with City of Edina for Dispatch Services Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize staff to draft an agreement for dispatch services with the City of Edina. Regular Meeting of the City Council July 20, 2010 Page 6 Announcements of Meetinas A Concert in the Park featuring Celebration Bass will be held on July 26, 2010 at 7 pm at Brookview Park. A Concert in the Park featuring Lehto & Wright will be held on August 2, 2010 at 7 pm at Brookview Park. Minnesota Night to Unite celebrations will be held throughout the evening at various neighborhood locations on Tuesday, August 3, 2010. The next City Council meeting will be held on Wednesday, August 4, 2010 at 6:30 pm. A Concert in the Park featuring Blue Drifters will be held on August 9, 2010 at 7 pm at Brookview Park. The Primary Election will be held on August 10, 2010. The next Council/Manager meeting will be held on Wednesday, August 10, 2010 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:18 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant