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02-20-07 CC Minutes Regular Meeting of the City Council February 20, 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 February 20, 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. Proclamation for American Red Cross "Communitv Challenqe" Chris Burns, Twin Cities Red Cross, introduced the "Community Challenge." Mayor Loomis read the proclamation. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt the Proclamation for American Red Cross "Community Challenge." Oath of Office - Firefiqhters Joshua Kunde, Joshua Richardson, Steve Staack, Curtis Smith and Aaron Zamzow Mark Kuhnly, Chief of Fire and Inspection Services, introduced the newest Firefighters Joshua Kunde, Joshua Richardson, Steve Staack, Curtis Smith and Aaron Zamzow. Mayor Loomis gave the oath of office to Firefighters Joshua Kunde, Joshua Richardson, Steve Staack, Curtis Smith and Aaron Zamzow. The Council congratulated Firefighters Kunde, Richardson, Staack, Smith and Zamzow Approval of Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of February 20, 2007 as amended: Addition of Letter from Dave Sellergren, Fredrickson & Byron Regarding Preliminary Design Plan Approval, Amendment #2, PUD #53, The Colonnade. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Regular Meeting of the City Council February 20, 2007 Page 2 *Approval of Minutes - City Council Meetinq - Januarv 2, 2007 and Council/Manaqer Minutes - February 13, 2007 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of January 2, 2007 and Council/Manager meeting minutes of February 13, 2007 as submitted. Approval of Consent Aqenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of February 20, 2007 as amended: Removal of Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club; Authorization to Sign Agreements for Comprehensive Plan Updates with SEH for Natural Resources Management, Transportation, Wastewater and Park; and Barr Engineering for Surface Water Management; Authorization to Sign Amended PUD Permit - JLO Addition - PUD #66 - Amendment #3 and Addition of Letter from Dave Sellergren, Fredrickson & Byron Regarding Preliminary Design Plan Approval, Amendment #2, PUD #53, The Colonnade. Mayor Loomis read the items listed on the consent agenda. *Bills and Claims MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *Rental Property Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gamblinq License Exemption and Waiver of Notice Requirement - St. David's Child Development and Familv Services MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for St. David's Child Development and Family Services. *Gamblinq License Exemption and Waiver of Notice Requirement - Restart, Inc. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Restart, Inc. Regular Meeting of the City Council February 20, 2007 Page 3 Gamblinq License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club Council Member Pentel announced the date for the Gala and Silent Auction which is scheduled for May 17, 2007. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. *Gamblinq License Exemption and Waiver of Notice Requirement - Capable Partners, Inc. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Capable Partners, Inc. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - January 8, 2007 Planning Commission - January 8 and 22, 2007 Bassett Creek Water Management Commission - January 18, 2007 Joint Planning and Environmental Commission - January 22, 2007 *Receipt of Safe & Sober Challenqe Grant Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-11 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD 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 February 20, 2007 Page 4 Authorization to Siqn Aqreements for Comprehensive Plan Updates with SEH for Natural Resources Manaqement, Transportation, Wastewater and Park; and Barr Enqineerinq for Surface Water Manaqement Council Member Pentel requested the item be removed from the agenda and discussed at the next Council/Manager meeting. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to discuss the authorization to sign agreements for updating sections of the comprehensive plan at the March 13, 2007 Council/Manager meeting. Authorization to Siqn Amended PUD Permit- JLO Addition - PUD #66 -Amendment #3 Council Member Shaffer had questions regarding the permit in relations to City Code provisions. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Rob Stewart, General Manager, answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD Permit for Jim Lupient Oldsmobile, JLO Addition PUD No. 66, Amendment #3, including the following conditions: 1. The approximately 8 foot by 16 foot barber shop on the Lupient Auto Mall Plans prepared by NAI Architects and dated 1/26/07 shall become a part of this approval. This barber shop may be relocated to another location within the south 96 feet of the building as long as all necessary City and State permits are obtained and the space is approximately the same size. (The south 96 feet of the building is the office/indoor vehicle display area and not the service portion of the building.) 2. No more than one barber or employee shall work in this shop. 3. The Board of Barbers and Cosmetologists Examiners shall issue the necessary license for the operation. 4. All necessary building permits required by the City shall be applied for and issued prior to operation of the barber shop. 5. The hours of operation shall be 9 am to 7 pm on the days that the dealership is open. 6. There shall be no outside signage or display for the barber shop. Regular Meeting of the City Council February 20, 2007 Page 5 *Authorization to Siqn Services Aqreement with Missions Inc./Home Free and YMCA of Metropolitan Minneapolis, Northwest Branch MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign service agreements with Missions Inc./Home Free and YMCA of Metropolitan Minneapolis, Northwest Branch. *Letter from Dave Sellergren, Fredrickson & Byron Reqardinq Preliminary Desiqn Plan Approval, Amendment#2, PUD #53, The Colonnade MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the letter from Dave Sellergren, Fredrickson & Byron, dated February 16, 2007, regarding Preliminary Design Plan Approval, Amendment #2, PUD #53, The Colonnade. Public Hearinq - Refundinq Revenue Bonds - Breck School Sue Virnig, Finance Director, introduced the agenda item 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-12 RESOLUTION FOR REFUNDING OF REVENUE BONDS SERIES 2007 BRECK SCHOOL 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 February 20, 2007 Page 6 Public Hearinq - Ordinance #365 -Outdoor Lightinq Standards The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 365, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11, Adding Section 11.73, Regarding Outdoor Lighting and Revising Chapter 11, Section 11.90, Subd. 2 (Non-Conforming Uses), Section 4.60, Subd. C (Residential Property Maintenance Code), Section 6.39, Subd. G and J (Motor Vehicle Dealers, Section 11.30, Subd. 8 (Commercial Zoning District), Section 11.36, Subd. 5 (Industrial Zoning District), Section 11.55, Subd. 5(A)(1) (PUD), Section 11.70, Subd. 5(A)(4) (Off-Street Parking and Loading Requirements) Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Perry Thorvig, Planning Consultant, answered questions from the Council. Don Keysser, Planning Commission, presented the Commission report. 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 Pentel and motion carried unanimously to approve Ordinance #365, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER —YES Authorizinq Issuance, Awardinq Sale, Prescribinq the Form and Details and Providinq for the Pavment of$2,560,0000 General Obliqation State-Aid Street Bonds, Series 2007A, and $730,000 General Obliqation Equipment Certificates of Indebtedness Series 2007B Sue Virnig, Finance Director, introduced the agenda items. Dave McGillivray, Springsted, Inc. reviewed the sale results and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-13 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,560,000 GENERAL OBLIGATION STATE-AID STREET BONDS, SERIES 2007A Regular Meeting of the City Council February 20, 2007 Page 7 Authorizinq Issuance, Awardinq Sale, Prescribinq the Form and Details and Providinq for the Pavment of$2,560,0000 General Obligation State-Aid Street Bonds, Series 2007A, and $730,000 General Obliqation Equipment Certificates of Indebtedness, Series 2007B - 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-14 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $730,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2007B 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. Continued Item - Preliminarv Desiqn Plan Approval -Amendment#2 - PUD #53 - The Colonnade Thomas Burt introduced the agenda item. Edward Farr, project architect, reviewed the revised plans and answered questions from the Council, Mark Grimes, Director of Planning and Development, reviewed the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. Council Members expressed concerns regarding traffic in the area, density and size of the development, use of residential streets for parking; sustainable design characteristics, green design, internal parking; parking ramp, design and landscaping for Golden Hills Drive/Xenia Avenue intersection, design and environmental issues. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to request that the City Attorney prepare a resolution for denial of the application for the Preliminary Design Plan Amendment, Amendment #2, PUD #53, The Colonnade, for consideration at the March 6, 2007 City Council meeting. Regular Meeting of the City Council February 20, 2007 Page 8 Election Task Force - Reestablishment and Appointments Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-15 RESOLUTION REESTABLISHING AN ELECTION TASK FORCE 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. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint the following to the Reestablished Election Task Force: Gary Cohen Jackie Dietz Lynn Gitelis Marshall Tanick On Sale and Sunday Sale Liquor License -Webb Golden Vallev LLC d/b/a Good Day Cafe Thomas Burt introduced the agenda item and answered questions from the Council MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the issuance of both On Sale and Sunday Sale Liquor Licenses to Webb Golden Valley, LLC d/b/a Good Day Cafe, located at 5410 Wayzata Boulevard. Announcements of Meetinqs The next City Council meeting will be held on March 6, 2007 at 6:30 pm. The next Council/Manager meeting will be held on March 13, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on March 15, 2007 at 11:30 am. A City Council meeting will be held on March 20, 2007 at 6:30 pm A Council Social will be held on March 28, 2007 at 6:30 pm to 9 pm at the Golden Valley VFW. Regular Meeting of the City Council February 20, 2007 Page 9 Announcements of Meetinqs - Continued Run the Valley will be held on April 14, 2007 at 8:30 am at Davis Community Center. Mavor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 7:52 pm. � �•����'��� Linda R. Loomis, Mayor ATTEST: ` � , I Ju E Nally, dministrativ Assistant : ;