01-02-07 CC Minutes Regular Meeting
of the
City Council
January 2, 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 January 2, 2007 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Patricia
Butler, Administrative Assistant.
Election Task Force Report and Presentation
Gary Cohen, Chair of the Election Task Force, was present to give the City Council the
highlights of the report as well as relate the recommendations made by the Task Force. He
said the Task Force met on a monthly basis culminating in a public meeting. Their
recommendations were to have the City remain on the odd year election schedule, change
to a 4 year term for the Mayoral position, deliberate further on the City Council
compensation, make no changes to the process of filling Council vacancies, encourage the
City Council to study whether a voluntary code of ethics should be adopted, and said a
municipal primary is not necessary. He thanked the other Committee members and staff
members Sue Virnig and Edie Ernst for all their hard work during the process. The City
Council commended the Task Force for their diligence and high caliber work. Mayor
Loomis said the Task Force report would be discussed at the upcoming Council Workshop.
Additions and/or Corrections to the Agenda
Council Member Shaffer requested that item number 4.A. Approval of the City Council
Minutes of November 21, 2006, be removed from the agenda as he had not received a
copy:
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to table this item
until the next meeting.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda for January 2, 2007, as amended by the removal of Item 4.A.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Regular Meeting of the City Council
January 2, 2007
Page 2
Approval of Consent Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of January 2, 2007 as amended: Removal of City Council Minutes of November
21, 2006.
Mayor Loomis read the items listed on the consent agenda.
*Set Time and Place of Agenda Closing
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to set the
closing time and place for receipt of public information for the Council agenda at 4:30 pm in
the City Manager's Office on the Wednesday preceding the Council Meeting.
*Designation of Official Newspaper
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to designate the
New Hope-Golden Valley SunPost as the City's official newspaper.
*Designation of Depositories for City Funds
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 07-1
RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS
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.
*Approval of Check Register
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
check register 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.
Regular Meeting of the City Council
January 2, 2007
Page 3
*Minutes of Boards and Commissions — Envision Connection Proiect Board of
Directors, November 16, 2006; Board of Zoning Appeals, November 28, 2006;and
Joint Water Commission, November 1, 2006.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes of the meeting of the Envision Connection Project Board of Directors,
November 16, 2006; Board of Zoning Appeals, November 28, 2006; and Joint Water
Commission, November 1, 2006.
*Continued Item —Approval of Maywood Green Plat and Authorization to Sign
Subdivision Development Agreement 06-95
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
Continued Item —Approval of Maywood Green Plat and Authorization to Sign Subdivision
Development Agreement 06-95.
*Receipt of November 2006 General Fund Budget Report
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file November 2006 General Fund Budget Report.
*Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski,
Radosevich & Co., P.A. for 2006 Audit Services.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to Authorize to
Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for
2006 Audit Services.
*Approval for Use of Credit Cards
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to Approve the
use of Credit Cards for Purchases.
*Authorization to Sign Agreement with St. Louis Park for Purchase, Operation and
Maintenance of Emergency Command Center Vehicle
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to Authorize
Signing the Agreement with St. Louis Park for Purchase, Operation and Maintenance of
Emergency Command Center Vehicle.
Regular Meeting of the City Council
January 2, 2007
Page 4
Second Considerations: Ordinance #357 —Amending Section 4.60, Residential
Property Maintenance Code— Firewood Storage and Exterior Standards; Ordinance
#358 Amending Section 4.06, Housing and Building Numbering; Ordinance #359 —
Amending Section 6.35, solid Waste Collection; Ordinance #360 —Amending Section
9.08, Truck, Bus and Equipment Parking; Ordinance #361 —Amending Section 10.40,
Storage, Collection and Disposal of Garbage, Refuse, Yard Waste and Recyclables;
Ordinance #362 — Amending section 10.50, Shade Tree Diseases; Ordinance #363 —
Amending 10.70, commercial Vehicles, Junk Cards, Stock Cars, Racers, Etc.; and
Ordinance #364, Adding a New Section 10.53, Regulating Graffiti.
Public Safety Director Bob Hernz addressed the City Council about the proposed changes
to various chapters of the City Code.
The following ordinances were MOVED by Freiberg, and seconded by Shaffer:
ORDINANCE NO. 357, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 4.60 Regarding Minimum Exterior Standards and
Firewood Storage in the residential Property Maintenance Code
and
ORDINANCE NO. 358, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 4.06 Regarding House and Building Numbering
and
ORDINANCE NO. 359, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 6.35 Regarding Solid Waste Collection and
Conveyance of Garbage, Refuse, Yard Waste and Recyclables
and
ORDINANCE NO. 360, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 9.08 Providing for Commercial Vehicles and Bus Parking
and
ORDINANCE NO. 361, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.40 Providing for Storage, Collection and
Disposal of Garbage, Refuse, Yard Waste and Recyclables
and
ORDINANCE NO. 362, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 10.50 Regarding Shade Tree Diseases
and
ORDINANCE NO. 363, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.70 Providing for Parking and Storage of Commercial Vehicles
Regular Meeting of the City Council
January 2, 2007
Page 5
Second Considerations: Ordinance #357 —Amending Section 4.60, Residential
Property Maintenance Code— Firewood Storage and Exterior Standards; Ordinance
#358 —Amending Section 4.06, Housing and Building Numbering; Ordinance #359 —
Amendin_g Section 6.35, solid Waste Collection; Ordinance #360 —Amending Section
9.08, Truck, Bus and Equipment Parking; Ordinance #361 —Amending Section 10.40,
Storage, Collection and Disposal of Garbage, Refuse, Yard Waste and Recyclables;
Ordinance #362 —Amending section 10.50, Shade Tree Diseases; Ordinance #363 —
Amending 10.70, commercial Vehicles, Junk Cards, Stock Cars, Racers, Etc.; and
Ordinance #364, Adding a New Section 10.53, Regulating Graffiti (Continued)
and
ORDINANCE NO. 364, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 10, Adding New Section 10.53 Regulating Graffiti
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to adopt on
Second Consideration Ordinance #357, Ordinance #358, Ordinance #359, Ordinance
#360, Ordinance #361, Ordinance #362, Ordinance #363 and Ordinance #364, 2nd Series.
Upon a roll call vote, the vote was as follows:
FREIBERG —YES; LOOMIS —YES; PENTEL — YES; SCANLON —YES; SHAFFER — YES
Call for Public Hearing — 07-1-2007 — Pavement Management Program — 2/6/07, 07-02
Public Works Director Jeannine Clancy addressed the City Council and said that reports
will be presented at the February 6 City Council Meeting. She read the list of portions of
streets which are recommended for public improvements and said that affected residents
will be notified by mail and encouraged to call Engineering staff with questions.
Council Member Pentel introduced the following Resolution and moved its adoption:
RESOLUTION 07-02
PROVIDING FOR PUBLIC HEARING ON CERTAIN
PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 07-1
2007 PAVEMENT MANAGEMENT PROGRAM
Upon a roll call vote, the vote was as follows:
FREIBERG —YES; LOOMIS — YES; PENTEL — YES; SCANLON — YES; SHAFFER —YES
Regular Meeting of the City Council
January 2, 2007
Page 6
Announcements of Meetings
The Mayor announced the following upcoming meetings:
The Housing and Redevelopment Authority will meet at 6:30 pm on Tuesday, January 9,
2007 in the City Council Chambers, immediately followed by the Council/Manager Work
Session in the Council Conference Room.
The next regular meeting of the Golden Valley City Council is 6:30 pm on Tuesday,
January 16, 2007.
The Bassett Creek Water Management Commission will meet on Thursday, January 18,
2007 beginning at 11:30 am in the Council Conference Room.
There will be a City Council Goal-Setting Workshop on Saturday, January 20, 2007 and will
be held at the Brookview Grill beginning at 9 am. This meeting is open to the public.
The first City Council Meeting for February will be on February 6, 2007 beginning at 6:30
pm.
The City Employee Recognition lunch will be held on Thursday, January 11, 2007 at the
Brookview Community Center.
Reset Meeting Dates
The Mayor stated that because of some conflicts, certain Council Meeting must be
rescheduled to different dates.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to change the
following City Council meeting dates: April 3 to April 2 because of a religious holiday,
August 7 to August 8 because of National Night Out; and November 6 to November 7
because of elections.
Council Assignments - Mayor Pro Tem
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Freiberg to nominate Council Member Shaffer as Mayor
Pro Tem.
The Mayor closed nominations.
Council Member Shaffer was appointed as Mayor Pro Tem.
Regular Meeting of the City.Council
January 2, 2007
Page 7
Council Appointments - Assistant Weed Inspector and Civil Service Commission
Mayor Loomis will appoint Ron Hammer as the Assistant Weed Inspector for a one year
term.
Public Hearing —Appeal from Board of Zoning Appeals Decision—4125 Beverly
Avenue
Planning Director Mark Grimes addressed the City Council and said that an appeal of a
BZA decision is quite unusual and therefore, they wanted a public hearing on this item. He
said he had invited both the Proponent as well as the BZA Chair to attend tonight's
meeting. He answered questions from the Council.
The Proponent and property owner, Brad Colehour, addressed the Council and explained
that he originally purchased this property with the intent of demolishing the existing house
and replace it with something more modern and contemporary. The proposed home would
be 26 feet wide and 45 feet deep, with a 22 foot one level garage. He said if the Council
does not approve the variance, he many consider letting the property go to foreclosure. He
answered questions from the Council.
Karl Edelbert, Architect for the project, addressed the Council and showed pictures of the
uneven lot condition along with sketches of the proposed house and garage. He answered
questions from the Council.
Jason Landis, BZA Chair, was present to address the Council. He explained that the BZA
could not make a decision based on what was presented to them at their meeting. He said
the BZA did not want to set a precedent on what is allowable on a 40 foot lot, which is why
their vote was 4 to 1 to deny the variance.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Neal Kielar, 4121 Beverly Avenue, said he lives to the right of the subject property. He said
he had attended the BZA meeting and felt the meeting had been chaotic and the process
not what he thought it would be. As a result, he drafted a letter which he was able to
distribute to nine of the fourteen neighbors, supporting the proposed variance. He
presented the letters to the City Council.
Russ Snyder, 4124 Poplar Drive, said he lives behind the subject property and also
disagreed with the BZA's decision to deny the variance. He said the proposed project is
similar to one approved about ten years ago in the area. He said that since there are only a
handful of 40 foot lots in the entire City, he didn't perceive it as being a problem.
Regular Meeting of the City Council
January 2, 2007
Page 8
Public Hearing —Appeal from Board of Zoning Appeals Decision— 4125 Beverly
Avenue (Continued)
Lloyd Jafvert, 4117 Beverly Avenue and 4200 Poplar Drive, stated he is an architect by
profession as well as a neighbor to the subject property. He said he also disagreed with the
BZA's denial of the variance and said that the proposed house and garage is exactly what
he would have designed for that property.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Pentel to affirm the action of the Board of Zoning
Appeals on December 20, 2006, denying the variance appeals regarding side yard set
backs based on the finding that no undue hardship has been demonstrated to justify such
variances.
Councilmember Freiberg moved to amend councilmember Shaffer's motion to affirm the
action of the Board of Zoning Appeals only with respect to the set back variance appeal
regarding the East property line. The motion to amend died for lack of a second.
The original motion by Shaffer was carried on a 4 to 1 vote with Councilmember Freiberg
voting no.
Continued Public Hearing — Preliminary Design Plan Approval —Amendment #1 —
PUD #53 — The Colonnade
Planning Director Mark Grimes addressed the City Council and said that TIAA-CREF,
owner of the Colonnade, has requested continuation for consideration of the preliminary
plan of the PUD Amendment Colonnade Phase II until the February 6, 2007 City Council
meeting due to the fact that the holiday season and resultant vacations, caused the
revisions to be delayed.
Mayor Loomis opened the public hearing. Seeing and hearing no one, the hearing was
closed.
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to continue
the public hearing, Preliminary Design Plan Approval —Amendment #1 — PUD #53 — The
Colonnade, until the February 6, 2007 Council Meeting.
Adjournment
The Mayor adjourned the meeting at 8:20 p.m.
Linda R. Loomis, Mayor
ATTEST:
Patricia J. Butler, Administrative Assistant