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08-07-13 CC Minutes Regular Meeting of the City Council August 7, 2013 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 7, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Scanlon and Schmidgall; and the following was absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the oath of office and presented a Certificate of Appointment, mug and city pin to: David Perich, Board of Zoning Appeals; Brian Cook, Human Rights Commission; Carolyn Kaehr, Human Rights Commission; and Wendy Rubinyi, Envision Connection Project Board of Directors. Richard Ornstein, Board of Zoning Appeals was unable to attend. Northwest Hennepin Human Services Council Presentation Susan Blood, Executive Director; Melanie Christenson, City Board Member; �arry Kennebeck, Senior Board Member Coordinator; and Anita Perkins, Program Coordinator, reviewed programs and services offered through the Council. The Council thanked the Northwest Hennepin Human Services Council and staff for the presentation and their hard work. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of August 7, 2013 as amended: Adopting Findings of Fact and Issuing a Statement of Public Purpose - Portions of Tracts H, I, and K of Registered Land Survey No. 106 (Northwest Corner of I-394 and TH 100) staff distributed an amended resolution; Public Hearing - Precious Metal Dealer License Renewal - Jewelry Manufa�turer's Exchange, Inc. and Public Hearing - Ordinance #503 - Final Design Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Valley, LLC, Applicant, both public hearings will be continued to the August 20, 2013 Council Meeting. Regular Meeting of the City Council August 7, 2013 Page 2 Approval of Consent Aqenda MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the agenda of August 7, 2013 as amended: Adopting Findings of Fact and Issuing a Statement of Public Purpose - Portions of Tracts H, I, and K of Registered Land Survey No. 106 (Northwest Corner of I-394 and TH 100) staff distributed an amended resolution. *Approval of Minutes - Citv Council Meetinq - Mav 21, 2013 MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the City Council Meeting minutes of May 21, 2013 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority as submitted. *General Business Licenses MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Seth Schuett for Edward Jones Investments MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the solicitor's license for Seth Schuett for Edward Jones Investments. *Solicitor's License -Workinq America AFL-CIO MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the solicitor's license for Working American AFL-CIO. *Gamblinq License Exemption and Waiver of Notice Requirement - People Respondinq in Social Ministrv MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for People Responding in Social Ministry. *Therapeutic Massaqe Certificate - Stephanie Paiqe Chapman MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Stephanie Paige Chapman at Massage Envy, 7704 Olson Memorial Highway. Regular Meeting of the City Council August 7, 2013 Page 3 *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the minutes as follows: Planning Commission - June 10, 2013 Board of Zoning Appeals - June 25, 2013 Environmental Commission - May 20, 2013 Open Space and Recreation Commission -April 22, 2013 Bassett Creek Water Management Commission - June 20, 2013 *Receipt of June 2013 Financial Reports MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the June 2013 Financial Reports. *Call for Public Hearinq - Multifamilv Housinq Revenue Note and Adoption of Housinq Proqram - Hammer Residences, Inc. Proiect - 9/3/13 Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-69 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A MULTIFAMILY HOUSING REVENUE NOTE UNDER MINNESOTA STATUTES, CHAPTER 462G, ADOPTION OF A HOUSING PROGRAM AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (HAMMER RESIDENCES, INC. PROJECT) The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. *Call for Administrative Hearinqs -Appeal of Administrative Citations - Residential Propertv Maintenance Code - 3022 Golden Vallev Road - 8/13/13 MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to call for Administrative Hearings on appeal of the Residential Property Maintenance Code Administrative Citations for August 13 at 5:30 pm and 6 pm. Regular Meeting of the City Council August 7, 2013 Page 4 *Residential Street Liqhtinq (RSL 237) - Noble/Maior Drive and Heathbrooke Circle Call for Feasibilitv Studv and Call for Public Hearinq Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-70 RESOLUTION ORDERING PREPARATIQN OF REPORT ON IMPROVEMENT RSL 237 NOBLE DRIVE, MAJOR DRIVE AND HEATHBROOKE CIRCLE The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-71 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENT RSL 237 NOBLE DRIVE, MAJOR DRIVE AND HEATHBROOKE CIRGLE The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. *Commendinq Aqencies for Storm Damaqe Cleanup - Hennepin Countv and Minnesota Department of Transportation Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-72 RESOLUTION COMMENDING HENNEPIN COUNTY PUBLIC WORKS TRANSPORTATION DIVISION FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO THE CITY OF GOLDEN VALLEY IN RESPONSE TO JUNE 21-22, 2013 STORMS The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. Regular Meeting of the City Council August 7, 2013 Page 5 *Commendinq Aqencies for Storm Damaqe Cleanup - Hennepin County and Minnesota Department of Transportation - Continued Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-73 RESOLUTION COMMENDING MINNESOTA DEPARTMENT OF TRANSPORTATION FQR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO THE CITY OF GOLDEN VALLEY IN RESPONSE TO JUNE 21-22, 2013 STORMS The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; and the following was absent: Pentel, and the following voted against the same: none, whereupon said resotution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Call for Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of Sprinq Green South and Reqistered Land Survev No. 106 (The Three.Nine.Four Apartments) - 8/20/13 Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-74 RESOLUTION ESTABLISHING A PUBLIC HEARING ON AUGUST 20, 2013 TO CONSIDER VACATION OF PORTIONS OF PUBLIC ALLEY AND UTILITY EASEMENTS IN THE PLATS OF SPRING GREEN SOUTH AND REGISTERED LAND SURVEY NO. 106 The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. *Ad_optinq Findinqs of Fact and Issuinq a Statement of Public Purpose - Portions of Tracts H, I, and K of Reqistered Land Survev No. 106 (Northwest Corner of I-394 and TH 100) Member Scanlon introduced the following resolution and moved its adoption, as amended: RESOLUTION 13-75 RESOLUTION ADOPTING FINDINGS OF FACT AND ISSUING A STATEMENT OF PUBLIC PURPOSE FOR MNDOT ALLEY PARCELS (NORTHWEST CORNER I-394 AND TH 100) Regular Meeting of the City Council August 7, 2013 Page 6 *Adoptinq Findinqs of Fact and Issuina a Statement of Public Purpose - Portions of Tracts H, I, and K of Reqistered Land Survev No. 106 (Northwest Corner of I-394 and TH 100) - Continued The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; 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 his signature attested by the City Clerk. Public Hearinq - Precious Metal Dealer License Renewal - Jewelrv Manufacturer's Exchanqe, Inc. Thomas Burt stated staff is recommending the public hearing be continued to the August 20, 2013 City Council meeting. Burt stated that as of January 1, 2013 the dealer was required to input daily reports to the police department electronically but due to some glitches in the system they have not complied. Burt stated the dealer is closed and is recommending the hearing be continued to allow the dealer time to update the reports. Thomas Burt and Allen Barnard 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 Schmidgall, seconded by Clausen and motion carried unanimously to continue the public hearing for consideration of the precious metal dealer license renewal for the Jewelry Manufacturer's Exchange Inc. to the August 20, 2013 City Council meeting. Council Member Pentel was absent. Public Hearinq - Ordinance #502 - Conditional Use Permit#134 - 6124 Olson Memorial Hiqhwav - Jeff Forss, The Aliqnment Guv, Applicant The following ordinance was MOVED by Scanlon, seconded by Schmidgall: ORDINANCE NO. 502, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 134 6124 Olson Memorial Highway Jeff Forss, The Alignment Guy, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Jeff Forss, Applicant, answered questions from the Council. Regular Meeting of the City Council August 7, 2013 Page 7 Public Hearinq - Ordinance #502 - Conditional Use Permit#134 - 6124 Olson Memorial Hiqhwav -Jeff Forss, The Aliqnment Guv, Applicant 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 Scanlon, seconded by Schmidgall and motion carried to adopt Ordinance #502, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL -ABSENT SCANLON - YES SCHMIDGALL - YES Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, Applicant Thomas Burt stated that due to a legal issue regarding a portion of the subject property with the State of Minnesota staff recommends continuing the item until the next City Council meeting. 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 Clausen, seconded by Scanlon and motion carried to continue the public hearing for consideration of Ordinance #503 to the August 20, 2013 City Council meeting. Council Member Pentel was absent. First Consideration - Ordinance #504 - Amendinq Section 10.23 Reqardinq Recreation Fires The following ordinance was MOVED by Scanlon, seconded by Clausen: ORDINANCE NO. 504, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.23 Regarding Recreational Fires Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Thomas Burt and Jeannine Clancy answered questions from the Council. MOVED by Scanlon, seconded by Schmidgall and motion carried to remove Subdivision 4(C): All recreational fires shall remain within an Approved Outdoor Fireplace. Council Member Schmidgall voted no. Council Member Pentel was absent. Regular Meeting of the City Council August 7, 2013 Page 8 First Consideration - Ordinance #504 - Amendinq Section 10.23 Reqardinq Recreation Fires - Continued MOVED by Scanlon, seconded by Clausen and motion carrisd to adopt Ordinance #504, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL -ABSENT SCANLON - YES SCHMIDGALL - NO Authorization to Siqn Amended PUD Permit - General Mills PUD No. 83 -Amendment No. 2 Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Tom Hogan, General Manager, Senior Manager, Global Real Estate and Project Management, answered questions from the Council. MOVED by Schmidgall, seconded by Scanlon and motion carried to authorize the Mayor and City Manager to sign the amended PUD Permit for General Mills PUD 83, Amendment #2 to allow for a building addition to its James Ford Bell campus located at 9000 Plymouth Avenue North. Council Member Pentel was absent. Establishinq Bottineau Liqht Rail Transit Planninq Advisorv Committee Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Thomas Burt answered questions from the Council. Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-76 RESOLUTION ESTABLISHING THE BOTTINEAU LIGHT RAIL TRANSIT (LRT) PLANNING ADVISORY COMMITTEE The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, and Schmidgall; 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 his signature attested by the City Clerk. Announcements of Meetinqs A Special City Council meeting will be held on August 13, 2013 at 5:30 and 6 pm. The next Council/Manager meeting will be held on August 13, 2013 at 6:30 pm. Regular Meeting of the City Council August 7, 2013 Page 9 Announcements of Meetinqs - Continued Some Council Members may attend the pancake breakfast fundraiser on August 14, 2013 from 8:30 to 10:3Q am at Covenant Village. A Bottineau LRT Station Planning Community Meeting will be held on August 15, 2013 from 6:30 to 8:30 pm at the Unity Christ Church, 4000 Golden Valley Road. The next City Council meeting will be held on August 20, 2013 at 6:30 pm. The Annual PRISM Golf Tournament will be held on September 13, 2013 at the Brookview Golf Course at 11 am. The PRISM dinner and silent auction wiii be held on September 13, 2013 at Good Shepherd Church beginning at 5pm Mavor and Council Communication Council Members discussed the Night to Unite Events they attended on August 6, 2013. The Council thanked city staff and residents for the help in making the event such a success. Mayor Harris and Thomas Burt updated the Council on the meeting that was held with the cities of Golden Valley, Robbinsdale, St. Louis Park, New Hope, Crystal and CenterPoint Energy to discuss the aftermath of the June storms, incident management, future storm preparation and communication. Mayor Harris stated the SunPost contacted him regarding the publication of a guest column. Staff will draft a column regarding the upcoming Hennepin County Bottineau hearing, open house and Golden Valley LRT Planning Advisory Committee. Mayor Harris requested Council Members contact him about future column topics. Council members discussed the Hiawatha LRT Tour held on July 15, 2013. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 8:22 pm. Shepard M. Harris, Mayor Regular Meeting of the City Council August 7, 2013 Page 10 ATTEST: Judy Nally, Administrative Assistant