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08-06-08 Regular Meeting of the City Council August 6,2008 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 6, 2008 at 6:30 p.m. The following members were present: Freiberg, Pentel, Loomis, 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: Christopher Jordan, Human Rights Commission. Approval of AQenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of August 6,2008 as amended: Removal of City Council Meeting Minutes - July 1, 2008 and First Consideration - Ordinance #404 - Amendment to Section 4.20 - Adding Language Regarding 1-394 Mixed Use Zoning District Signage. Approval of Consent AQenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the items on the consent agenda as amended: Removal of Approval of Appointment of Election Judges for State Primary Election; Authorization to Sign Amended Subdivision Development Agreement - Vogel Second Addition; and Authorization to Sign Joint Powers Agreement with City of St. Paul for Public Safety Support for 2008 Republican National Convention. Mayor Loomis read the items listed on the consent agenda. * Approval of Minutes - City Council MeetinQ - July 1, 2008 The City Council Meeting minutes for July 1, 2008 will be available at the next City Council meeting. *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. Regular Meeting of the City Council August 6,2008 Page 2 *Solicitor's License - Erinn Prischmann for Edward Jones MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Erinn Prischmann for Edward Jones. *Solicitor's License - Casey Larson for Edward Jones MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Casey Larson for Edward Jones. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - June 24, 2008 Human Services Foundation - June 9, 2008 Environmental Commission - June 23, 2008 Open Space and Recreation Commission - June 23 2008 Envision Connection Project Board of Directors - June 19, 2008 Joint Environmental Commission, Planning Commission, Open Space and Recreation Commission and City Council - June 23, 2008 *Bids - Street and Utility Maintenance Buildinas Roof Replacement MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid to reroof the street and utility maintenance department buildings from the lowest responsible bidder, McPhillips Bros. Roofing Co. for $348.00. The bids are as follows: McPhillips Bros. Roofing Co. Central Roofing Co. B&B Sheet Metal and Roofing, Inc. Ettel & Franz Roofing Co. John A Dalson & Sons, Inc. Stock Roofing, LLC $348,000 398,809 422,858 476,283 488,811 492,630 Approval of Appointment of Election Judges for State Primary Election Council Member Pentel wanted to express appreciation and thank the election judges for their work. Regular Meeting of the City Council August 6, 2008 Page 3 Approval of Appointment of Election Judges for State Primary Election - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-32 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD ON SEPTEMBER 9,2008 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 Sign Amended Subdivision Development Agreement- Vogel Second Addition Council Member Freiberg stated he did not support the subdivision because of drainage concerns in the area, but supports limiting the request for one of lots for a two year period as discussed at the Council/Manager meeting. MOVED by Pentel, seconded by Shaffer and motion carried to authorize the Mayor and City Manager sign the Amendment to Subdivision Development Agreement - Vogel Second Addition (fka Vogel Addition) on behalf of the City. Council Member Freiberg voted no. Authorization to Sign Joint Powers Agreement with City of St. Paul for Public Safety Support for 2008 Republican National Convention ' Council Member Pentel had questions regarding the agreement. Thomas Burt, Stacy Altonen, Police Chief and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the Joint Powers Agreement Regarding Public Safety Related to the 2008 Republican National Convention. Staff was requested to check the Workers Compensation insurance provision for Police Officers while on duty at the Convention. Public Hearing - Issuance of Revenue Bond - Community Involvement Programs Proiect Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council August 6,2008 Page 4 Public Hearing - Issuance of Revenue Bond - Community Involvement Programs Proiect The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. The Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-33 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A HOUSING AND CARE FACILITY REVENUE NOTE FOR A PROJECT BY COMMUNITY INVOLVEMENT PROGRAMS LOCATED IN GOLDEN VALLEY, MINNESOTA UNDER MINNESOTA STATUTES, CHAPTER 462C AND MINNESOTASTATUTES SECTIONS 469.152 THROUGH 469.1651 The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. Public Hearing - Ordinance #403 -Rezoning to Mixed Use Zoning District -1-394 Corridor Study Area The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 403, 2ND SERIES Rezoning all Properties in the 1-394 Corridor Study area from Industrial, Light Industrial, Business and Professional Offices, Institutional and Medium Density Residential Zoning Districts to 1-394 Mixed Use Zoning District Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard, Mark Grimes, Director of Planning and Development, and Thomas Burt answered questions from the Council. Don Keysser, Planning Commission, presented the Commission 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. Regular Meeting of the City Council August 6,2008 Page 5 Public Hearing - Ordinance #403 -Rezoning to Mixed Use Zoning District - 1-394 Corridor Study Area - Continued Jim Erickson, Border Foods, stated he read the report, asked how people were given notice of the proposed changes; stated this rezoning has been going on for a couple years and wanted to know how they were missed; stated they never got any correspondence about the proposed changes; stated that some other cities have gone through the process changing areas to mixed use zoning with some being successful and other not; feels that sometimes these changes to mixed uses have run into what the public wants, feels that some of the design standards and visions don't apply across the board and not in line with drive-in restaurants; stated that if there was a fire or tornado they would not be able to rebuild with the new standards as they would be non-conforming; feels the new mixed use designation ignores fast food restaurants'; feels language should be added to the report validating what can be rebuilt if something happens; this mixed use designation makes it difficult for the use of drive-ins; drive-thru and quick service restaurants; this change does not accommodate the reality of how fast food restaurants are built and that it may increase the value of the property but that facility locations are the key. Barb Snyder, Border Foods, stated they like being located in the city and have received favorable comments from their patrons; understands the need for changes; stated other cities have made mixed use designations but that their restaurants have suffered . Mark Saliterman, property owner Laurel Avenue and Florida; stated he did get some of the notices about the proposed rezoning but was not sure if he got all the notices; stated he was in the process of expanding his property but held off because of the economy; stated he was told he could apply for a permit but could not get the permit done in such a short timeframe;asked the Council to consider making the ordinance more flexible such as adding a sunset date in the future so property owners would have the opportunity to make some changes before the ordinance is final. Scott Nolan, Menard's, stated they did receive the letter about the hearing tonight but did note that some of the notices may have gone to the corporate headquarters; stated that Menards likes to reinvest in their locations and the Golden Valley store in on the list to get redeveloped or rebuilt; doesn't think the new ordinance will prevent possible upgrading but may make it more difficult; stated that depending upon if the building is remodeled or rebuilt it may force them to keep the store as it is instead of rebuilding. Larry Brauch, Liberty Diversified, stated they were informed of the meeting and attended past meetings regarding the rezoning; stated they realize change is inevitable and supports planning for future changes; concerned over putting future residential development directly adjacent to industrial property; stating that generally there is a buffer zone; stated that they trying to be a good citizen but that residential development across the street could be a problem; thanked the City for not attempting to financially burden the existing businesses now for aesthetics/appearance but realizes that it may happen in the future; feels that new businesses may be deterred and stated they can't expand in their present location. Regular Meeting of the City Council August 6,2008 Page 6 Public Hearing - Ordinance #403 -Rezoning to Mixed Use Zoning District - 1-394 Corridor Study Area - Continued Tom Heiler, property owner 7600 Wayzata Boulevard; had questions about how this change will affect the value of the property and wanted to know if this will tie the hands of the property owner to sell the property for something any other use than residential. Mike Bassfield, General Label, stated that they are located across the street from residential; stated the economy has also had an impact on the expansion of their facility; supports a sunset provision; asked if is the intent of the city intent to buyout their land; and stated they did get communications about the rezoning but that they were sporadic and not on a regular basis. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #403, 2nd Series as amended: change 700 Xenia Avenue to Subdistrict Band state that the ordinance will take effect on December 1, 2008. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road Mayor Loomis stated the applicant has requested the item be continued until the City Council meeting of September 16, 2008. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to continue the Authorization to Sign Amended PUD Permit, Calvary Lutheran Church, PUD #46, Amendment #6, 7520 Golden Valley Road until the September 16, 2008 City Council meeting. Call for Public Hearing - Issuance of Revenue Bonds - Opportunity Partners, Inc. - 9/2/08 Sue Virnig, Finance Director, introduced the agenda item. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-34 RESOLUTION CALLING A PUBLIC HEARING REGARDING THE ISSUANCE OF REVENUE BONDS FOR THE BENEFIT OF OPPORTUNITY PARTNERS, INC. UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 Regular Meeting of the City Council August 6, 2008 Page 7 Call for Public Hearing - Issuance of Revenue Bonds - Opportunity Partners, Inc. - 9/2/08 - Continued 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. Declaration of Hazardous Building - 4032 Wayzata Boulevard Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to order removal of the hazardous building at 4032 Wayzata Boulevard. Authorization to Sign Amended PUD Permit - North Wirth Parkway/Mortenson PUD No.33 - Amendment No.1 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for North Wirth Parkway/Mortenson PUD NO.33, Amendment NO.1. First Consideration - Ordinance #404 - Amendment to Section 4.20 - Adding Language Regarding 1-394 Mixed Use Zoning District Signage This item was removed from the agenda. First Consideration - Ordinance #405 - Amendment to Chapter 1 Providing Penalties for Fraudulent Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Violations Provisions and First Consideration - Ordinance #406 - Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 405, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 1 Providing Penalties for Fraudulent Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Violations Provision And ORDINANCE NO. 406, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees Regular Meeting of the City Council August 6,2008 Page 8 First Consideration - Ordinance #405 - Amendment to Chapter 1 Providing Penalties for Fraudulent Statements and Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and Violations Provisions and First Consideration - Ordinance #406 - Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees - Continued Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #405, 2nd Series and Ordinance #406, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES First Consideration - Ordinance #407 - Amending Sections 10.51 Regarding Lawn Maintenance Notifications and 10.52 Regarding Application of Fertilizers and Pesticides The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE NO. 407, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.51 Regarding Lawn Maintenance Notifications and 10.52 Regarding Application of Fertilizers and Pesticides Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #406, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetings A Concert in the Park featuring Yannie Jazz Trio will be held on August 11,2008 at 7 pm at Brookview Park. The next Council/Manager meeting will be held on August 12, 2008 at 6:30 pm. Some Council Members may attend the Bacchus Garden Ribbon Opening at the Colonnade on August 12, 2008 from 4 to 6 pm. The next City Council meeting will be held on August 19, 2008 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on August 21,2008 at 11 :30 am. Regular Meeting of the City Council August 6,2008 Page 9 Mavor and Council Communications Mayor Loomis stated she attended a Transportation meeting with the Metropolitan Council and the Upper Mississippi River TMDL study. Adiournment The Mayor adjourned the meeting at 8:35 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant