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03-06-07 CC Minutes Regular Meeting of the City Council March 6, 2007 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 March 6, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the agenda of March 6, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of March 6, 2007 as amended: Removal of Approval of Minutes - City Council Meeting - January 16 and February 6, 2007 and Letter from Golden Valley Historical Society Regarding Matching Funds and Opposition to Legislative Proposals that Remove or Change Local Government Cable Television Authority. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - Citv Council Meetinq - Januarv 16 and February 6, 2007 Council Member Freiberg requested the February 6, 2007 City Council minutes reflect that Christopher Kaisershot informed the Council he was not seeking reappointment to the Environmental Commission and did not resign. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of January 16, 2007 as submitted and approve the City Council meeting minutes of February 6, 2007 as amended: Letter from Christopher Kaisershot Regarding Resignation from Environmental Commission, change title to read: Letter from Christopher Kaisershot Regarding Reappointment to Environmental Commission and change the motion to read .....informing the Council that he will not seek reappointment to the Environmental Commission at the conclusion of his term. Regular Meeting of the City Council March 6, 2007 Page 2 *Bills and Claims 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. *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Rental Propertv Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - The Window Store MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for The Window Store. *Gamblinq License Exemption and Waiver of Notice Requirement - Twin Cities Habitat for Humanitv MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Twin Cities Habitat for Humanity. *Gamblinq License Exemption and Waiver of Notice Requirement -American Cancer Society Council Member Freiberg stated that due to a potential conflict of interest he removed himself from consideration of the item. MOVED by Shaffer, seconded by Freiberg and motion carried to receive and file the gambling license exemption and approve the waiver of notice requirement for American Cancer Society. Council Member Freiberg abstained. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Open Space and Recreation Commission - January 22, 2007 Envision Connection Project Board of Directors - January 25, 2007 Civil Service Commission - June 5, 2006 Regular Meeting of the City Council March 6, 2007 Page 3 *Letter from Wavne DeTuncq Reqardinq 2007 Pavement Management Proqram MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Wayne DeTuncq, dated February 12, 2007 regarding the 2007 Pavement Management Program. Letter from Golden Vallev Historical Societv Reqardinq Matchinq Funds Council Member Pentel congratulated the Historical Society for raising the funds for the matching grant. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the Golden Valley Historical Society letter, dated February 26, 2007 regarding matching funds. *Quotes - Cab and Chassis, Truck Bodv, Crane and Accessories MOVED by Pentel, seconded by Shaffer and motion carried unanimously to purchase the following equipment from the State of Minnesota contract: one super duty cab and chassis for a total amount of$24,193.59 from Elk River Ford and approve the purchase of the truck body, crane, compressor, and utility box for a total amount of$27,708.56 from Aspen Equipment. Opposition to Leqislative Proposals that Remove or Chanqe Local Government Cable Television Authority Council Member Freiberg had questions regarding the resolution. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-16 RESOLUTION STATING OPPOSITION TO LEGISLATIVE PROPOSALS THAT REMOVE OR CHANGE THE CABLE TELEVISION AUTHORITY OF LOCAL GOVERNMENT UNDER CHAPTER 238 OF MINNESOTA STATE LAW 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. Staff was requested to place this item on the March 13, 2007 Council/Manager meeting for further discussion and direction regarding costs and services provided by the Cable company. Regular Meeting of the City Council March 6, 2007 Page 4 *Authorization to Siqn Aqreement with Union Pacific Railroad and MnDOT for Railroad Crossinq Improvements on Zane Avenue North Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-17 RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT WITH THE UNION PACIFIC RAILROAD AND MNDOT FOR RAIL CROSSING IMPROVEMENTS AT ZANE AVENUE NORTH 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. Denial of Application for Preliminarv Desiqn Plan Approval -Amendment#2 - PUD #53 - The Colonnade Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-18 RESOLUTION DENYING APPLICATION FOR PRELIMINARY DESIGN PLAN APPROVAL, AMENDMENT #2, PUD #53, THE COLONNADE 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. Authorization to Siqn Amended PUD Permit- Golden Vallev Center Addition - PUD #65 - Amendment#3 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. Dave Clark, Architect, answered questions from the Council. Regular Meeting of the City Council March 6, 2007 Page 5 Authorization to Siqn Amended PUD Permit- Golden Valley Center Addition - PUD #65 -Amendment#3 - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Golden Valley Center Addition, PUD No. 65, Amendment No. 3. First and Second Consideration - Ordinance #366 Parkinq or Storinq Commercial Vehicles and Equipment in Residential Districts The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 366, 2ND SERIES Amending Section 10.70 Regarding Parking or Storing of Commercial Vehicles and Equipment in Residential Districts Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #366, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES The Council suspended the rules and held First and Second Consideration of Ordinance #366 at the same meeting. The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 366, 2ND SERIES Amending Section 10.70 Regarding Parking or Storing of Commercial Vehicles and Equipment in Residential Districts MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #366, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetinqs The next Council/Manager meeting will be held on March 13, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on March 15, 2007 at 11:30 am. Regular Meeting of the City Council March 6, 2007 Page 6 Announcements of Meetings - Continued The next City Council meeting will be held on March 20, 2007 at 6:30 pm. Some Council Members may attend the Caring Youth Awards on March 22 at 7 pm at the Minnetonka Community Center. The Council Social originally set for March 28, 2007 at 6:30 pm to 9 pm at the Golden Valley VFW has been cancelled. The Council will announce the rescheduled date. Mavor and Council Communications Mayor Loomis updated the Council on the Senate Hearing regarding the smoke free ordinance. Adiournment The Mayor adjourned the meeting at 7:40 pm. �� �� ( Linda R. Loomis, Mayor ATTEST: � J,•�d' Nally dministrat' e Assistant �