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08-16-11 CC Minutes Regular Meeting of the City Council August 16, 2011 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 16, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Scanlon and Shaffer; and the following was absent: Freiberg. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Planning and Development; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis administered the oath of office and presented a Certificate of Appointment, mug and city pin to: Katie Hart, Human Services Foundation and Tim Hepner, Human Rights Commission Terri Policy, Human Rights Commission and John Cornelius, Open Space and Recreation Commission were unable to attend. Approval of Aaenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of August 16, 2011 as amended: 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 I-394 and Highway 100, change date to February 26, 2012. Approval of Consent Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the consent agenda of August 16, 2011 as amended: removal of Approve Letter to Three Rivers Park District Regarding Bassett Creek Regional Trail. *Approval of Minutes - Cifiv Council Meetinu -June 21, 2011 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the City Council Meeting minutes of June 21, 2011 as submitted. *Approval of Check Reaister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *Solicitor's License - NARAL Pro-Choice Minnesota MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license NARAL Pro-Choice Minnesota. Regular Meeting of the City Council August 16, 2011 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - June 27, 2011 Human Services Foundation - July 11, 2011 Envision Connection Project Board of Directors -April 20, 2011 Approval of Plat - Ralev Addition 11-39 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-39 RESOLUTION FOR APPROVAL OF PLAT- RALEY ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. Approve Letter to Three Rivers Park District Reqardina Bassett Creek Reqional Trail Mayor Loomis updated the Council on her discussions with County Commissioner Stenglein and Park District Commissioner Peters. Commissioner Peters requested the Council send their letter by Thursday. Jeannine Clancy answered questions from the Council. MOVED by Loomis, seconded by Shaffer and motion carried unanimously to approve letter to Three Rivers Park District providing comments on the Bassett Creek Regional Trail Master Plan as amended. Staff was requested to restate the last sentence of 3 regarding the Three Rivers Park District maintaining the trails in winter. *Approval of Six Month E�ctension for Filina of Plat and Submittina Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of I-394 and Hiahwav 100 MOVED by Pentel, seconded by Scanlon 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 26, 2012, subject to the following conditions: Regular Meeting of the City Council August 16, 2011 Page 3 *Approval of Six Month Extension for Filina of Plat and Submittina Final PUD Plan Application - PUD#107 -The Towers at West End - Southwest Quadrant of I-394 and Hiuhwav 100 - Continued 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. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in the certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property or easements for the construction of a lift station, force main, air relief, or gravity lines as outlined in the MCES plans for 1-GV-461. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. Public Hearinq - Ordinance #467 -Approval of Amended Conditional Use Permit#68 - Amendment#1 - 9315 Medicine Lake Road - McDonald's, Auplicant The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 467, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 68, Amendment#1 9315 Medicine Lake Road McDonald's USA, LLC, Applicant Ray Croaston, representing McDonalds, reviewed the amended request. Steve Schmidgall presented the Planning Commission report. Joe Hogeboom, Planner, 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. Regular Meeting of the City Council August 16, 2011 Page 4 Public Hearina - Ordinance #467 -Auproval of Amended Conditional Use Permit#68 - Amendment#1 - 9315 Medicine Lake Road - McDonald's, Applicant- Continued MOVED by Pentel, seconded by Shaffer and motion carried to adopt Ordinance #467, Approval of Amended Conditional Use Permit No. 68, Amendment 1, 9315 Medicine Lake Road, McDonald's, USA, LLC, Applicant as amended: Condition 7. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of the approval of the amended Conditional Use Permit. If work is not completed by that time, the City has the right to use the posted escrow to complete the work. Upon a roll call vote, the vote was as follows: FREIBERG -ABSENT LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER - YES Announcements of Meetinqs A Bassett Creek Watershed Management Commission meeting will be held on August 18, 2011 at 11:30 am. A Special Council/Manager meeting will be held on August 29, 2011 at 7:30 am at the Brookview Grill. The City Offices are closed on Monday, September 5, 2011 in observance of Labor Day. The ne�ct City Council meeting is September 6, 2011 at 6:30 pm. The Human Services Foundation Golf Classic will be held on September 9, 2011 at 9 am at the Brookview Golf Course. The Golden Valley Historical Society Diamond Luncheon honoring 75-year residents will be held on September 7, 2011 at 11:30 am at the Golden Valley Country club. Mavor and Council Communications Mayor Loomis stated the improvements that were to be made at Wirth Park this year will be postponed until 2012. Adiournment The Mayor adjourned the meeting at 7:11 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant