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06-19-07 CC Minutes unsigned Regular Meeting of the City Council June 19, 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 June 19, 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. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of June 19, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Sheila Ball, 4815 Culver Road, feels sidewalks would be devastating to the neighborhood; talked to the neighbors and no one knows why a sidewalk would even be proposed; feels sidewalks would blight the neighborhood; stated they bought their lot for the trees on the property; concerned over loss of trees and bushes if sidewalk is built; wanted to know if the decision was already made for sidewalk, concerned about water runoff to Bassett Creek- asked if the Bassett Creek Water Management Commission will look into the issue. Clark Meyer, 4947 Culver Road, stated the sidewalk is neither needed nor wanted; he walks to the bus and his children walk to school and bike in neighborhood, feels that Culver Road traffic is light, feels traffic is higher on Noble and Regent Avenues; feels that sidewalks would be better served on Regent where it gets more traffic; had questions about state aid streets and if they can lose their designation; stated he will lose a 40 to 50 year old elm tree and shrubs; wants Culver Road reconstructed without sidewalks, not widened, no parking restrictions and the state aid status revoked because this is a street that dead ends at a sound wall. Fred Reiter, 3146 Quail Avenue North, wanted to know the reason sidewalks and street widening are being considered; what is the evidence for the need for sidewalks; are sidewalks being considered for Quail; what is the earliest date the decision on sidewalks or street widening for Quail and Culver Road could be made and how many meeting will be scheduled with the neighborhood. Mike Berger, 4915 Culver Road, likes the mature neighborhood and mature trees; feels construction will change the character of the neighborhood; haven't seen evidence that the residents want the sidewalk; traffic use is less than Noble; looked at traffic study and feels the cost of construction is too much for a '/z mile road that dead ends at a sound wall; feels Regular Meeting of the City Council June 19, 2007 Page 2 Citizen Input - Continued property values will be effected; the property will be devalued; feels that it is a taking of property and residents should be compensated; residents will appeal the tax assessment and this will cause a decrease in the value of the property and less revenue for the city; stated that SEH has been gathering information in the neighborhood but the residents haven't been provided with the information that has been gathered and that the sidewalks will affect the quality of life in the area. Rachel Erickson, 5047 Culver Road, likes the area because of the sense of community and feels safe in the neighborhood; doesn't want to live in a city like Crystal or Robbinsdale with sidewalks; feels the sidewalks will devalue the property values; stated they walk in the area and have never felt the need for a sidewalk; feels that a "trail" system means walking in the woods not on the street in front of her house and stated they suffered when the buses were on their street even though Dawnview Terrace is wider. Mayor Loomis announced the open house for the Regent Avenue is July 11, 2007 at 6:30 pm and the open house for Culver Road is July 18, 2007 at 6:30 pm. The Council will discuss reconvening the Sidewalk Committee at the July 3, 2007 Council/Manager meeting. The Council will review the State Aid System at a future Council/Manager meeting. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of June 19, 2007 as amended: Removal of Bids - Pedestrian Signal Modifications and Bids - Duluth Street Pedestrian Bridge Renovations. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - May 15, 2007 and Council/Manager Meetinq - June 12, 2007 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of May 15, 2007 and the Council/Manager meeting minutes of June 12 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. Regular Meeting of the City Council June 19, 2007 Page 3 *Gambling License Exemption and Wavier of Notice Requirement - Perspectives, Inc. 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 Perspectives, Inc. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - May 14, 2007 Election Task Force - April 23, 2007 Bassett Creek Water Management Commission - May 17, 2007 Bids - Pedestrian Signal Modifications Council Member Freiberg had questions about how the intersections were chosen for the installation of the pedestrian modifications. Jeannine Clancy and Thomas Brut answered questions. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the bid for pedestrian signal/push button modifications to the lowest responsible bidder, Electrical Installation and Maintenance, Inc. in the amount of$45,600. The bids are as follows: Alternate Base Bid Bid Total Electrical Installation & Maintenance, Inc. $25,820.00 $19,780.00 $45,600.00 Collisys, Inc. 29,061.50 19,662.00 48,723.50 Killmer Electric, Inc. 29,595.00 19,952.00 49,547.00 Granite Ledge Electric, Inc. 34,630.00 21,170.00 55,800.00 Forest Lake Contracting, Inc. 38,380.00 24,600.00 62,980.00 Egan Company, Inc. 49,070.00 24,040.00 73,110.00 Bids - Duluth Street Pedestrian Bridqe Renovations Mayor Loomis acknowledged it was an idea of the Bridge Builders to paint the bridge and they suggested a celebration for completion of the bridge. MOVED by Loomis, seconded by Shaffer and motion carried unanimously to award the bid for the Duluth Street pedestrian bridge renovation to the lowest responsible bidder, Rainbow, Inc. in the amount of $82,501.00. The bids are as follows: Rainbow, Inc. $82,501.00 TMI Coatings, Inc. 147,340.00 Regular Meeting of the City Council June 19, 2007 Page 4 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Public Hearinq - 2006 National Pollution and Discharqe Elimination System (NPDES) Phase II, Storm Water Pollution Prevention Plan, Annual Report to Minnesota Pollution Control Agency AI Lundstrom, Environmental Coordinator, introduced the agenda item and answered questions from the Council. Jeannine Clancy 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 Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-29 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 Hearinqs - Ordinance #371 - Repealing in its Entirety Section 11.22 Two Family (R-2) Residential Zoninq District and Addinq New Section 11.22, Moderate Density Residential Zoninq District (R-2) Ordinance #372 - Repealinq in its Entirety Section 11.25 Multiple Dwelling Zoninq District and Addinq New Section 11.23 Medium Density Residential Zoning District (R-3) Ordinance #373 - Addinq New Section 11.24 Hiqh Densitv Residential Zoning District (R-4) Ordinance #374 - Amendments to Section 11.03, Deletion and Addition of Definitions Ordinance #375 - Property Rezoninq - All Two-Family (R-2) Residential Properties to Moderate Density (R-2) Residential; All Multiple Family Dwellinq Sub-Districts to either Medium Density (R-3) Residential or Hiqh Densitv (R-4) Residential Ordinance #376 - Amendments to Section 11.10 Reqardinq Zoning District Names Ordinance #377 - Amendment to Section 12.20 Reqardinq Front Setback Requirements The following ordinances were MOVED by Freiberg, seconded by Pentel: ORDINANCE NO. 371, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Regular Meeting of the City Council June 19, 2007 Page 5 Public Hearinqs - Ordinance #371 - Repealing in its Entirety Section 11.22 Two Familv (R-2) Residential Zoning District and Addinq New Section 11.22, Moderate Density Residential Zoninq District (R-2) Ordinance #372 - Repealing in its Entirety Section 11.25 Multiple Dwelling Zoninq District and Addinq New Section 11.23 Medium Densitv Residential Zoninq District (R-3) Ordinance #373 -Addinq New Section 11.24 High Density Residential Zoning District (R-4) Ordinance #374 - Amendments to Section 11.03, Deletion and Addition of Definitions Ordinance #375 - Propertv Rezoninq - All Two-Familv (R-2) Residential Properties to Moderate Density (R-2) Residential; All Multiple Family Dwellinq Sub-Districts to either Medium Density (R-3) Residential or Hiqh Density (R-4) Residential Ordinance #376 - Amendments to Section 11.10 Reqardinq Zoninq District Names Ordinance #377 - Amendment to Section 12.20 Reqarding Front Setback Requirements - Continued Amendment Repealing in its Entirety Section 11.22 Two Family (R-2) Residential Zoning District and Adding New Section 11.22, Moderate Density Residential Zoning District (R-2), and ORDINANCE NO. 372, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Repealing in its Entirety Section 11.25 Multiple Dwelling Zoning District and Adding New Section 11.23 Medium Density Residential Zoning District (R-3), and ORDINANCE NO. 373, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Adding New Section 11.24 High Density Residential Zoning District (R-4) Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Allen Barnard 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 Freiberg, seconded by Pentel and motion carried unanimously to approve Ordinance #371, Ordinance #372 and Ordinance #373, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER — YES The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 374, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Section 11.03, Deletion and Addition of Definitions Regular Meeting of the City Council June 19, 2007 Page 6 Public Hearinqs - Ordinance #371 - Repealinq in its Entirety Section 11.22 Two Family (R-2) Residential Zoninq District and Addinq New Section 11.22, Moderate Densitv Residential Zoninq District (R-2) Ordinance #372 - Repealinq in its Entirety Section 11.25 Multiple Dwelling Zoninq District and Addinq New Section 11.23 Medium Density Residential Zoninq District (R-3) Ordinance #373 - Addinq New Section 11.24 Hiqh Densitv Residential Zoning District (R-4) Ordinance #374 - Amendments to Section 11.03 Deletion and Addition of Definitions Ordinance #375 - Property Rezoninq - All Two-Family (R-2) Residential Properties to Moderate Densitv (R-2) Residential; All Multiple Family Dwellinq Sub-Districts to either Medium Density (R-3) Residential or Hiqh Density (R-4) Residential Ordinance #376 - Amendments to Section 11.10 Regardinq Zoninq District Names Ordinance #377 -Amendment to Section 12.20 Reqardinq Front Setback Requirements - Continued Mark Grimes, Director of Planning and Development 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. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve Ordinance #374, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 375, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Property Rezoning All Two-Family (R-2) Residential Properties to Moderate Density (R-2) Residential; All Multiple Family Dwelling Sub-Districts to either Medium Density (R-3) Residential or High Density (R-4) Residential Mark Grimes, Director of Planning and Development 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. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #375, 2nd Series. 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 June 19, 2007 Page 7 Public Hearinqs - Ordinance #371 - Repealinq in its Entirety Section 11.22 Two Family (R-2) Residential Zoning District and Addinq New Section 11.22, Moderate Density Residential Zoning District (R-2) Ordinance #372 - Repealing in its Entirety Section 11.25 Multiple Dwelling Zoning District and Addinq New Section 11.23 Medium Density Residential Zoninq District (R-3) Ordinance #373 -Adding New Section 11.24 Hiqh Density Residential Zoninq District (R-4) Ordinance #374 - Amendments to Section 11.03, Deletion and Addition of Definitions Ordinance #375 - Property Rezoninq - All Two-Familv (R-2) Residential Properties to Moderate Density (R-2) Residential; All Multiple Family Dwellinq Sub-Districts to either Medium Density (R-3) Residential or Hiqh Densitv (R-4) Residential Ordinance #376 - Amendments to Section 11.10 Reqardinq Zoning District Names Ordinance #377 - Amendment to Section 12.20 Reqardinq Front Setback Requirements - Continued The following ordinances were MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 376, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Section 11.10 Regarding Zoning District Names, and ORDINANCE NO. 377, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 12.20 Regarding Front Setback Requirements Mark Grimes, Director of Planning and Development 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. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve Ordinance #376 and Ordinance #377, 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 #378 - Providinq for Four Year Mayoral Term The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 378, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Providing for Four Year Mayoral Term Regular Meeting of the City Council June 19, 2007 Page 8 First Consideration - Ordinance #378 - Providinq for Four Year Mavoral Term - Continued Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Freiberg to table consideration of Ordnance No. 378 until the first meeting of January 2008. Motion died for a lack of a second. MOVED by Pentel, seconded by Scanlon and motion carried to approve on First Consideration Ordinance #378, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - ABSTAIN PENTEL - YES SCANLON - YES SHAFFER - YES On Sale and Sunday Sale - Chipotle Mexican Grill Colorado, LLC d/b/a Chipotle Mexican Grill Roger Johnson, Deputy Police Chief, introduced the agenda item. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of an On Sale and Sunday Liquor License to Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, located at 515 Winnetka Avenue North. On Sale and Sundav Sale - Jadran 1961, Inc. d/b/a Joev's Seafood and Grill of Golden Vallev Roger Johnson, Deputy Police Chief, introduced the agenda item. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the issuance of an On Sale and Sunday Liquor License to Jadran 1961, Inc. d/b/a Joey's Seafood & Grill of Golden Valley, located at 525 Winnetka Avenue North. On Sale and Sunday Sale Liquor License Renewals Roger Johnson, Deputy Police Chief, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council June 19, 2007 Page 9 On Sale and Sundav Sale Liquor License Renewals - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the renewal of the On Sale and Sunday Sale liquor licenses for 2007-2008 license term unconditionally as listed below: On Sale and Sunday Sa/e Webb Golden Valley LLC d/b/a Good Day Cafe Announcements of Meetinqs The Fire Department Open House is June 20, 2007 from 6 to 8 pm. The next Bassett Creek Water Management Commission will be held on June 21, 2007 at 11:30 am. Some Council Members may attend a staff retirement party on June 21, 2007 at 3 pm at the Brookview Community Center. A Concert in the Park featuring the Robbinsdale City Band will be held on June 21, 2007 at 7 pm at Brookview Park. The Fire Department Street Dance is June 23, 2007 at the American Legion. The KARE 11 Summer of Fitness Walk will take place on June 23, 2007 at 9:30 am at the studio. A Concert in the Park featuring Ticket to Brasil will be held on June 25, 2007 at 7 pm at Brookview Park. Some Council Members may attend the League of Minnesota Cities Conference from June 27 to 29, 2007. The next City Council meeting is July 3, 2007 at 6:30 pm. A Concert in the Park featuring Celebration Brass will be held on July 9, 2007 at 7 pm at Brookview Park. The next Housing and Redevelopment Authority meeting is July 10, 2007 at 6:30 pm. The next Council/Manager meeting is July 10, 2007 immediately following the HRA meeting. Regular Meeting of the City Council June 19, 2007 Page 10 Mayor and Council Communications No action and/or discussion took place. Adlournment The Mayor adjourned the meeting at 8 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant