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12-04-07 CC Minutes unsigned Regular Meeting of the City Council December 4, 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 December 4, 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. 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: Connie Sandler, Human Services Foundation. Receipt of Fireman's Fund Heritaqe Grant Mark Kuhnly, Fire Chief, introduced the agenda item. Thomas Burt answered questions from the Council. David Stauss, Fireman's Fund, presented the City with a $6,500 Fireman's Fund Heritage Grant. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to accept the $6,500 Fireman's Fund Heritage Grant to be used for purchasing gas monitors and calibration equipment for the Fire Department. The Council thanked the Fireman's Fund for their grant. Approval of Aqenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of December 4, 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 Freiberg and motion carried unanimously to approve the agenda of December 4, 2007 as amended: Removal of Authorization to Sign Agreements with Bassett Creek Water Management Commission and WSB & Associates for Bassett Creek Bank Stabilization Project and Proclamation for Human Rights Day. Regular Meeting of the City Council December 4, 2007 Page 2 Approval of Consent Aqenda - Continued Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: Canvassinq Board Meeting - November 7, 2007 and City Council Meetinq - November 7, 2007 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Canvassing Board Meeting minutes of November 7, 2007 and City Council Meeting Minutes of November 7, 2007 as submitted. *Bills and Claims MOVED by Pentel, 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 Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Minnesota Public Research Interest Group (MPRIG) MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Minnesota Public Research Interest Group (MPRIG). *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - November 5, 2007 Board of Zoning Appeals - October 23, 2007 Human Rights Commission - September 13, 2007 Environmental Commission - September 24, 2007 Envision Connection Project Board of Directors - October 25, 2007 Bassett Creek Water Management Commission - October 18, 2007 *Letter from Dana and Jolene Perkins Reqardinq Lot on Westbend Road and Reqent Avenue North MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Dana and Joleen Perkins, received November 20, 2007, regarding the 2008-2009 Pavement Management Program and the intersection of Regent Avenue North and Westbend Road. Regular Meeting of the City Council December 4, 2007 Page 3 *Second Consideration - Ordinance #388 - Background Investigations The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 388, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 10.84 Regarding Background Investigations MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on Second Consideration, Ordinance #388, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES *Continued Item - Second Consideration - Ordinance #386 - Licensinq of Rental Dwellinqs The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 386, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.60 Regarding Licensing of Rental Dwellings MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on Second Consideration, Ordinance #386, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES *Approval of Plat-Westwood Lake Office Park 3rd Addition and Authorization to Sign Amended PUD Permit - Amendment#2 - PUD #67 - Westwood Lake Office Park - Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-1 RESOLUTION FOR APPROVAL OF PLAT WESTWOOD LAKE OFFICE PARK 3RD ADDITION P.U.D. NO. 67 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, 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. Regular Meeting of the City Council December 4, 2007 Page 4 *Approval of Plat- Westwood Lake Office Park 3rd Addition and Authorization to Siqn Amended PUD Permit- Amendment#2 - PUD #67 - Westwood Lake Office Park - Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for Westwood Lake Office Park P.U.D. No. 67, Amendment #2. Authorization to Siqn Aqreements with Bassett Creek Water Manaqement Commission and WSB & Associates for Bassett Creek Bank Stabilization Project Council Member Freiberg had questions regarding the cost of the project. Jeannine Clancy answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the Mayor and Manager sign the Cooperative Agreement for Sweeney Lake Branch Improvements Between the Bassett Creek Water Management Commission and the City of Golden Valley. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the City Manager sign the agreement with WSB and Associates for final design for the Sweeny Lake Branch of Bassett Creek Maintenance and Stabilization Project for $38,400. Proclamation for Human Rights Day Council Member Pentel removed the item to highlight the Day. Mayor Loomis read the Proclamation. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to proclaim December 10, 2007 as Human Rights Day. Public Hearinq - Ordinance #392 - Conditional Use Permit 07-117 - 7500 and 7550 Wayzata Boulevard -Waqener Properties, Inc., Applicant The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 392, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 07-117 7500 and 7550 Wayzata Boulevard Wagener Properties, LLC, Applicant Brad Gunn, Malkerson Gilliland Martin and Steven Fichtel, Architect, representing the Applicant, reviewed the project and answered questions from the Council. Regular Meeting of the City Council December 4, 2007 Page 5 Public Hearinq - Ordinance #392 - Conditional Use Permit 07-117 - 7500 and 7550 Wayzata Boulevard -Waqener Properties, Inc., Applicant Mark Grimes, Director of Planning and Development, presented the staff 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 Freiberg and motion carried unanimously to approve Ordinance #392, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES First Consideration - Ordinance #393 - Establishing a 2008 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 393, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing a 2008 Master Fee Schedule Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on First Consideration, Ordinance #393, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Parkinq Modifications - Lions Park Area - Louisiana Avenue North and Kentucky Avenue North - Rescindinq Resolution Numbers 639 and 799 and Restricting Parking on Portions of Louisiana Avenue North and Western Avenue Jeannine Clancy introduced the agenda item and answered questions from the Council. Stacy Altonen, Police Chief and Rick Jacobson, Director of Parks and Recreation answered questions from the Council. Regular Meeting of the City Council December 4, 2007 Page 6 Parkinq Modifications - Lions Park Area - Louisiana Avenue North and Kentucky Avenue North - Rescindinq Resolution Numbers 639 and 799 and Restrictinq Parkinq on Portions of Louisiana Avenue North and Western Avenue - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-72 RESOLUTION TO RESCIND RESOLUTION NUMBERS 639 AND 799 RESTRICING PARKING ON CERTAIN PORTIONS OF KENTUCKY AVENUE NORTH, LOUISIANA AVENUE NORTH AND WESTERN AVENUE 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. Member Pentel introduced the following resolution and moved its adoption, as amended: RESOLUTION 07-73 RESOLUTION RESTRICTING PARKING ON PORTIONS OF LOUISIANA AVENUE NORTH AND WESTERN AVENUE 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 directed to bring the item back to the City Council in one year to evaluate the parking restrictions. First Consideration - Ordinance #394 - Electric Franchise - Northern States Power d/b/a Xcel Energy The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 394, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Electric Franchise - Northern States Power d/b/a Xcel Energy Jeannine Clancy introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Regular Meeting of the City Council December 4, 2007 Page 7 First Consideration - Ordinance #394 - Electric Franchise - Northern States Power d/b/a Xcel Enerqy - Continued MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve on First Consideration, Ordinance #394, 2nd Series. 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 December 11, 2007 at 6:30 pm. The next City Council meeting will be held on December 18, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on December 20, 2007 at 11:30 am. Some Council Members may attend the Board of Zoning Appeals/Planning Commission Holiday Party on December 20, 2007 at 6:30 pm at the Brookview Grill. The City Offices are closed on Monday, December 24, 2007 and Tuesday, December 25, 2007 in observance of Christmas. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:11 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant