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05-20-08 Regular Meeting of the City Council May 20, 2008 Page 2 *Rental Property Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Peddler's License - Homesure Inc. Mayor Loomis stated that peddler's and solicitor's need a license to go door-to-door and if someone comes to your door that doesn't have a license residents should contact the Police Department. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Loomis and motion carried unanimously to approve the peddler's license for Homesure Inc. *Gamblin~ License Exemption and Waiver of Notice Reauirement - Son of the American Le~ion Post 523 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 the Sons of the American Legion Post 523. *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 - April 14, 2008 Human Services Foundation - February 11, 2008 Human Rights Commission - February 14, 2008 Envision Connection Project Board of Directors - April 17, 2008 *Email from Theresa Jor~enson Re~ardin~ Resi~nation from Human Ri~hts Commission MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Theresa Jorgenson, dated May 7,2008 regarding resignation from the Human Rights Commission; and request the Mayor send her a letter of appreciation in recognition for her service to the community. *Letters from Sten and Alice Pearson and Maria Wetheral and Leo Aufdermauer Re~ardin~ a Ban on Pit Bull Do~s MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Sten and Alice Pearson, dated May 6,2008 and Maria Wetheral and Leo Aufdermauer, dated May 7,2008, regarding a ban on pit bull dogs. Regular Meeting of the City Council May 20,2008 Page 3 *Quotes - Plavaround EQuipment - North Tvrol Park MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the purchase and installation of playground equipment for North Tyrol Park from the lowest responsible bidder, Play Power/Flanagan Sales Inc. for $31,910.23. The quotes were as follows: Earl F. Andersen, Inc. Play Power/Flanagan Sales $33,496.00 31,910.23 *Approval of ReQuests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Receipt of April 2008 General Fund Budaet Report MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the April 2008 General Fund Budget Report. *Authorization to Sian Aareement for Leasina of Self-Contained Breathina Apparatus (SCBA) Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-23 RESOLUTION AUTHORIZING ENTERING INTO JOINT AND COOPERATIVE AGREEMENT FOR LEASING AND USE OF SELF-CONTAINED BREATHING APPARATUS (SCBA) 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. *Reconsideration of Council Action - Variance ReQuest - 400 Dakota Avenue South MOVED by Pentel, seconded by Shaffer and motion carried unanimously to amend the motion of the City Council meeting of February 9, 1979 regarding the request by Bennie Rozman for the property at 400 Dakota Avenue South is amended by altering Part B to state the following: Regular Meeting of the City Council May 20,2008 Page 4 *Reconsideration of Council Action - Variance Reauest - 400 Dakota Avenue South- Continued At no time shall there by any further expansion of the residential structure at 400 Dakota Avenue South covered by Building Permit #9036, except that said residential structure may expanded to the rear side of the house and the house may be repaired, rebuilt or remodeled so long as there is no expansion of the exterior dimensions. Board/Commission Appointments and Reappointments Mayor Loomis read the names of the persons appointed to various boards and commissions. MOVED by Freiberg, seconded by Loomis and motion carried unanimously to make the following appointments: Board of Zoning Appeals: Mike Kisch 1 year term Nancy Nelson 1 year term Environmental Commission: Jim Stremel 3 year term term expires - 5/1/09 term expires - 5/1/09 term expires - 5/1/11 Envision Connection Project Board of Directors: Sharon Glover MOVED by Freiberg, seconded by Loomis and motion carried unanimously to make the following reappointments: Planning Commission: David Cera Les Eck Don Keysser 3 year term 3 year term 3 year term Human Services Foundation: Elissa Heilicher 3 year term Hilmer Erickson 3 year term Toots Vodovoz 3 year term Environmental Commission: Tracy Anderson 3 year term Building Board of Review: Tom Parker 3 year term term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 Regular Meeting of the City Council May 20,2008 Page 5 Board/Commission Appointments and Reappointments - Continued Board of Zoning Appeals: Mike Sell 1 year term Chuck Segelbaum 1 year term Don Hughes 1 year term Luke Weisberg 1 year term term expires - 5/1/09 term expires - 5/1/09 term expires - 5/1/09 alternate term expires - 5/1/09 alternate Authorization to Sian Amended PUD Permit - Perpich Center for Arts Education - PUD No. 34 - Amendment No.2 - 228 and 308 Meander Road MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Perpich Center for Arts Education, PUD No. 34, Amendment No.2, 228 and 308 Meander Road. Public Hearina - Approval of General Land Use Plan Map Amendment - 228 and 308 Meander Road - Chanae Desianation from Schools and Reliaious Facilities to Low Density Residential 08-24 Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-24 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTIES LOCATED AT 228 AND 308 MEANDER ROAD 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. Regular Meeting of the City Council May 20,2008 Page 6 Public Hearina - Ordinance #398 - Rezonina from Institutional (1-1) Zonina District to Sinale Family Residential (R-1) Zonina District - 228 and 308 Meander Road - Bobbi Bardeaux, Applicant The following ordinance was MOVED by Shaffer, seconded by Loomis: ORDINANCE NO. 398, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Institutional (1-1) Zoning District to Single Family (R-1) Zoning District 228 and 308 Meander Road Bobbi Bardeaux, Applicant Bobbi Bardeaux, Applicant, reviewed her request 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 Shaffer, seconded by Loomis and motion carried unanimously to approve Ordinance #398, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Continued Public Hearina - Ordinance #397 - Amendina Section 11.03 - Addina Definitions, Amendina Section 11.12 - Principal Structure on One Lot, Adoption of Section 11.47 - 1-394 Corridor Mixed Use Zonina District and Adoption of Section 11.48 - Site Plan Review The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 397, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.03 - Adding Definitions Amendment to Section 11.12 - Principal Structure on One Lot Adoption of Section 11.47 - 1-394 Corridor Mixed Use Zoning District and Adoption of Section 11.48 - Site Plan Review Joe Hogeboom, City Planner, introduced the agenda item. Mark Grimes, Director of Planning, Allen Barnard and Thomas Burt answered questions from the Council. John Kluchka, Planning Commissioner, presented the Commission report. Regular Meeting of the City Council May 20,2008 Page 7 Continued Public Hearing - Ordinance #397 - Amending Section 11.03 - Adding Definitions, Amending Section 11.12 - Principal Structure on One Lot, Adoption of Section 11.47 - 1-394 Corridor Mixed Use Zoning District and Adoption of Section 11.48 - Site Plan Review - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Steven Fichtel, 435 Idaho Avenue North, supports sustainable building principles, thanked the Council for supporting them and requested the Council exempt existing buildings from the two story minimum height requirement. The Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #397, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES liquor License Renewal Hearing - Webb Golden Valley, LLC d/b/a Good Day Cafe Thomas Burt updated the Council on the status of items needed to be completed prior to issuance of the liquor license. Mr. Burt stated that progress has been made and recommended the item be continued to the next City Council meeting. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to continue the liquor license renewal hearing for Webb Golden Valley, LLC d/b/a Good Day Cafe to the City Council meeting of June 3, 2008. Announcements of Meetings Some Council Members may attend the TwinWest Chamber of Commerce GV City Connection meeting on May 22,2008 from 8-9 am at the Golden Valley Country Club. The City Hall will be closed on May 26,2008 in observance of Memorial Day. A Council Social will be held on May 28, 2008 from 6:00 pm to 8 pm at the Golden Valley VFW. The next City Council meeting will be held on June 3, 2008 at 6:30 pm. The next Council/Manager meeting will be held on June 10, 2008 at 6:30 pm. Regular Meeting of the City Council May 20,2008 Page 8 Mavor and Council Communications Mayor Loomis thanked all those who planned and participated in the Golden Valley Days Art and Music Festival and made the event such a success. Mayor Loomis invited residents to participate in the Step To It Challenge. Adiournment The Mayor adjourned the meeting at 8:02 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant