Loading...
12-04-18 City Council Minutes clt~-o APPROVED MINUTES CITY COUNCIL MEETING valleygoldetil Nr GOLDEN VALLEY, MINNESOTA December 4, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1113. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. 1 C. Receipt of Human Services Commission 2019 Allocation Report Mr. Aaron Black, Chair, and Ms. Denise La Mere-Anderson, Vice Chair of the Human Services Commission, reviewed the funding report and answered questions from Council. The Council thanked the Human Services Commission Commissioners and staff for their service to Golden Valley. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to receive and file the 2019 Allocation Report and approve notifying the eleven agencies of their 2019 allocation amount with the following designations and the motion carried. Agency Allocation Agency Allocation Crisis Nursery $8,000 The Bridge for Youth $5,000 Dinner at Your Door $9,000 TreeHouse $3,000 PRISM $17,500 YMCA - New Hope $4,000 Senior Services HOME $7,000 HUG $5,000 Senior Services Outreach $5,000 Resource West $4,000 Sojourner Project $7,500 Total $75,000 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the agenda of December 4, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of December 4, 2018, as submitted and the motion carried. 3A1. Approve Minutes of Council/Manger Meeting - September 12, 2018 3A2. Approve Minutes of Council/Manger Meeting - October 9, 2018 3A3. Approve Minutes of Council/Manger Meeting - November 13, 2018 3A4. Approve Minutes of City Council Meeting - November 20, 2018 313. Approve City Check Register and authorize payment of the bills as submitted. 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for The Church of the Good Shepherd. 3C2. Authorize the issuance of the multi-family rental license to Talo Apartments located at 5100 Wayzata Boulevard. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - November 13, 2018 Approved City Council Minutes -2- December 4, 2018 3. APPROVAL OF CONSENT AGENDA - continued 2. Human Rights Commission - October 23, 2018 3. Environmental Commission - September 18, 2018 3E1. Award a contract for the 2018 Pond Maintenance Project #18-19 to Veit & Company in the amount of$193,970 and entering into a deposit agreement with Kings Valley Homeowners Association, Inc. 3E2. Award a contract for the Native Vegetation Buffer Establishment, Brookview Golf Course Ponds F and G, City Improvement Project No. 18-22 to Applied Ecological Services in the amount of$49,140. 3F. Adopt Resolution 18-74, designating polling places for the 2019 election cycle. 3G. Adopt Resolution 18-75, adopting the 2019-2020 Budget for Enterprise, Special Revenue and Internal Services Funds. 3H. Adopt Resolution 18-76, approving the 2019-2023 Capital Improvement Program. 4. PUBLIC HEARINGS 4A. Public Hearing - Approval of Conditional Use Permit 163 - Parking Lot east of 1109 Zane Avenue North Planning Manager Zimmerman presented the staff report and answered questions from Council. City Attorney Cisneros answered questions from Council. Mayor Harris opened the public hearing. Mr. Mike Abrams, property owner, provided history on the property. He referred to a deed restriction on the property and said if it were built on in the future, the Council would be involved in approving some aspect of it but added he has a long term agreement with the current tenant. He also said the protection involving building on the lot for the neighborhood is to have cars parking in the parking lot. He answered questions from Council. Mr. Joel Shapiro, owner of Shapco Printing, answered questions from Council regarding the addition of a berm. He said when his business came to Golden Valley that he did not ask the City for anything and added he spent millions of dollars improving the building and has added many jobs in the City. Mr. Randy Anderson, 5645 Lindsay Street, thanked the new tenant for fixing the building. He said his only issue is during the winter the lights in the parking lot shine in his windows. He added that if someone would like to develop the lot in the future, he would be okay with it. Ms. Mary Gibb, 1113 Welcome Circle, said she was concerned after reading the staff's report regarding the removal of the deed restrictions. She said she does not feel every part of Golden Valley needs to be developed. She asked about the value of green space, keeping neighborhoods intact and what their neighborhood does for Golden Valley. She said more industrial would add pollution and damage to the roads. She said that her neighborhood does not always co-exist with the light industrial neighbors and added she was concerned about the green belt trees in her neighborhood. Ms. Pam Wandzel, 1220 Welcome Circle, said she think the building looks nice but is concerned about the increased traffic because of the kids in the neighborhood. She also said she was concerned that the cars in the lot could be moved up until 10 pm. Approved City Council Minutes -3- December 4, 2018 4A. Public Hearing - Conditional Use Permit - Parking Lot - continued Mr. Leo Anderson, 5625 Lindsay Street, said he just bought the house closest to the parking lot. He said there is a buffer and from ground level he cannot see the cars. He said his concern is about thistles and grass clippings in the green belt. Mr. Joshua Zierhut, 1117 Welcome Circle, said that during the summer he cannot see the cars from his house but in the winter he can and that the lights in the parking lot are bright. Ms. Ann Bennion, 1125 Welcome Circle, said the neighbors sent a letter to the City saying they are against the non-business related cars parking in the lot. She said the CUP approval would cancel the deed restriction and that it is against the spirit of the restriction to have other cars parking in the lot. She said the neighborhood is concerned with some of the factors staff used in recommending approval of the CUP because many are unknown in the future. She gave the examples of increase in traffic and noise levels, visual impacts and the lot future if the restrictions were removed. She said they would like to work with the owner regarding this. Mr. Joel Shapiro, owner of Shapco Printing, said he understands that the neighbors may have concerns but he plans to be in the building for many years and added his lease is up to 30 years in length. He said Luther was already parking cars in the lot for the last 3 years and that no car transports will not be used. He said he needs lighting in the lot for his employee's safety and added that the City requires them. Mr. Bruce Goldstein, Goldstein Law, Attorney for Shapco, said Shapco is a first class business and with the new building construction they plan to be there for years. He said it is odd that the neighborhood is resistant to having cars parking in a parking lot. He said he and the applicant have worked with the City to present a proposal that includes conditions that would take care of the deed restrictions. He said he felt the deed restrictions would go away with the CUP conditions. He said he felt Minnesota Statute 500.20 would apply which would invalidate the deed restrictions and gave a brief history of the statute. He added if the neighborhood felt the 1973 agreement would provide restrictions forever that is not true. He said future owners would have the right to ask the City to utilize the property within the zoning requirements. He said the CUP application was analyzed by staff and it should be approved. He answered questions from Council. Mr. Gary Grenzer, 1525 Welcome Circle, asked what the zoning was prior to the deed restrictions and asked if it would revert back to the prior zoning. He said he agrees with the neighbors and asked what could happen to the lot in the future if the restrictions are removed. Mayor Harris closed the public hearing. There was Council discussion regarding the Conditional Use Permit for the parking lot east of 1109 Zane Avenue North. The Council discussed amending the conditions by changing the hours of operation to 7 am to 8 pm and adding to the vegetative screening condition. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Resolution 18-77, amend Agreement with O & S Incorporated and its Successors in Interest and to authorize the Mayor and City Manager to sign an amended Agreement. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Approved City Council Minutes -4- December 4, 2018 4A. Public Hearing - Conditional Use Permit - Parking Lot - continued MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt Ordinance #648 approval of Conditional Use Permit 163 allowing for surface lot storage of automobile sales inventory at the Subject Property as amended. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 4B. Public Hearing - Preliminary Plat Approval - Nelson Addition - 1320 Fairlawn Way Associate Planner/Grant Writer Goellner presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to approve the Preliminary Plat for Nelson Addition - 1320 Fairlawn Way, subject to the following condition. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. A Certificate of Title or Abstract of Title must be submitted to the City Attorney prior to the approval of Final Plat. 4C. Public Hearing - 2040 Comprehensive Plan Planning Manager Zimmerman presented the staff report and answered questions from Council. Council thanked staff, the Commissions, the organizations, and the public for their input and support during the 2040 Comprehensive Plan process. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the final draft of Golden Valley's 2040 Comprehensive Plan and authorize submission of the document to the Metropolitan Council. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 4D. Public Hearing - Adoption of 2019-2020 General Fund Budget and Property Tax Levies for Taxes Payable 2019 Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Mr. Andy Snope, 1030 Angelo Drive, thanked the City because his taxes went down this year but added that taxes are high in Golden Valley. He said he appreciates the City holding the taxes down and agrees with the Police Department increases. Mayor Harris closed the public hearing. Approved City Council Minutes -5- December 4, 2018 411). Public Hearing - Adoption of 2019-2020 General Fund Budget - continued There was Council discussion regarding the 2019-2020 General Fund Budget and 2019 Property Tax Levy. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Resolution 18-78, adopting the 2019 Budget of the General Fund Budget upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist, and Schmidgall, the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt Resolution 17-79, adopting the Property Tax Levies for Taxes Payable 2019 upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 5. OLD BUSINESS 6. NEW BUSINESS 6A. Review of Council Calendar Some Council Members may attend the Meadowbrook Turn Lane Improvement Project Open House on December 5, 2018, from 4 to 7 pm in the Council Chambers. Some Council Members may attend the Glenwood Ave Project Open House on December 5, 2018, from 6 to 8 pm in the Council Chambers. Some Council Members may attend the 2018 Canadian Pacific Holiday Train event on December 11, 2018, from 4:15 to 6 pm at the Golden Hills Drive Railroad Crossing. The next Council/Manager meeting will be held on December 11, 2018, at 6:30 pm. The Toys for Tots Parade will be held on December 14, 2018, at 4:45 pm from the Golden Valley Police Department to KARE-11. The next City Council meeting will be held on December 18, 2018, at 6:30 pm. 6B. Mayor and Council Communication The Council wished the Golden Valley residents a Happy Hanukkah. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and the motion carried to adjourn the meeting at 9:35 pm. Shep rd M. Harris, Maor ATTEST: Crl�l✓�a�M Kristine A. Luedke, City Clerk