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05-16-06 CC MinutesRegular Meeting of the City Council May 16, 2006 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 May 16, 2006 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. Presentation of Certificate of Appointments Mayor Loomis presented a Certificate of Appointment, mug, and city pin to Toots Vodovoz, Human Services Foundation. Shep Harris, Human Services Foundation, was unable to attend. Environmental Commission - 2005 Annual Report Rick Baker, Chair, reviewed the Environmental Commission report. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 16, 2006 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Peter Gillen, 3516 Manor Drive, distributed and read a statement; opposed to Luge event held on the street; neighborhood was not notified about the event; surprised to read about it in the newspaper; eventually got an invite to attend meeting; asked if there is a requirement to notify residents about upcoming events; asked how they are going to be able to run errands; wanted to know what would have happened if they had a party planned; wants to know where the residents and event goers are going to park; expressed concern about the large depression from the manhole cover and sewer upheaval and people trampling the homeowners yards, what about toilet facilities, garbage, and security for the neighborhood; wants the Council to reconsider their position and deny approval for the event and find another location. Robert Gaer, 3300 Manor Drive, stated he agrees with a lot of what his neighbor stated; stated they are not only unhappy about the event but also about how the process took place; they didn't find out from the city but a second party; feels residents should have had the opportunity to voice their opinions about the event; and stated he is not opposed to the event, just the process. Regular Meeting of the City Council May 16, 2006 Page 2 Citizen Input - Continued Thomas Burt and Jeannine Clancy answered questions The Council requested that this item be placed on the June 6, 2006 City Council meeting after residents have had an opportunity to attend the informational meeting scheduled for May 23, 2006. The Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 16, 2006 as submitted. *Approval of Minutes - City Council Meeting - May 2, 2006; Executive Session Statement - May 2, 2006 and Council/Manager Meeting - May 9, 2006 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of May 2, 2006; Executive Session Statement of May 2, 2006 and the Council/Manager Meeting minutes from May 9, 2006 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. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Exemption and Waiver 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. Regular Meeting of the City Council May 16, 2006 Page 3 Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - March 9, 2006 Open Space and Recreation Commission - April 3, 2006 Joint Water Commission - March 29, 2006 Deer Task Force - March 13, 2006 Envision Connection Project Board of Directors - April 13, 2006 Public Hearing - Preliminau Plat Approval - 621 Turner's Crossroad South Yele Akinsanya, Applicant, presented the plan amendment and answered questions from the Council. Steve Schmidgall, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, introduced the agenda item, including a new condition regarding construction traffic 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. Harold Berman, 601 Radisson Road, opposed the subdivision because he feels it changes the character of the immediate neighborhood; feels there is no traditional hardship in this case to allow for a variance; suggested the lot line be moved so it complies with the Code; stated that may change the building plan for the new home; stated there is a drainage issue on the lot and that the engineer is not satisfied with the drainage plans yet; suggested the Council delay their decision until the engineer makes a recommendation. Mark Maida, 637 Turnpike Road, presented a petition to the Council in opposition to the subdivision; feels the proposed subdivision doesn't meet the requirements; feels there will not be enough green space after the home is built; feels there will be a decrease in value of the homes in the neighborhood and wanted to know what the next step in the process is. Gary Hanson, 701 Turners Crossroad South, expressed concern about property drainage on his property; if the house is built in the planned location in the low spot it will cause loss of drainage location and it will increase the runoff in his backyard; doesn't believe the rain garden will be an effective solution; feels additional work is needed on the property; asked if the city will take responsibility for any drainage issues to his property; feels the Council should consider his investment in his house; feels the Council should not rush to approve the subdivision and they should get their facts and the neighborhood opinions. Regular Meeting of the City Council May 16, 2006 Page 4 Public Hearing - Preliminary Plat Approval - 621 Turner's Crossroad South - Continued Andy Creager, 500 Radisson Road, had questions about the right-of-way and building lot coverage. The Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion denied unanimously to approve a subdivision variance to allow the west lot in the minor subdivision to remain with the attached garage partially within the rear setback area. Council Members Freiberg, Loomis, Pentel, Scanlon and Shaffer voted no. MOVED by Pentel, seconded by Freiberg and motion denied unanimously to approve the minor subdivision of property at 621 Turners Crossroad South which had the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The Certificate of Survey prepared by Kemper and Associates dated March 17, 2006 shall become a part of this approval. 3. The recommendations of City Engineer Jeff Oliver, PE, found in the memo to Mark Grimes and dated April 17, 2006, shall become a part of this approval. 4. A park dedication fee in an amount determined by the City Council shall be assessed at the time of final plat approval. 5. A drainage plan and/or acceptable rain garden plan shall be submitted to the City Engineer for his approval before the time of final plat approval. 6. Restrict parking to one side of the street during construction periods and request the developer submit a construction traffic plan. Council Members Freiberg, Loomis, Pentel, Scanlon and Shaffer voted no. The Council stated the finding and determination for denial of the preliminary plat approval for 621 Turners Crossroad South is that it does not meet the requirements of the zoning district. Continued Public Hearing - Ordinance #344 - Amendments to Chapter 11 Regarding Accessory Uses in the Commercial, Light Industrial, Industrial, Business and Professional Offices and Institutional Zoning Districts The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 344, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 11 Regarding Accessory Uses in the Commercial, Light Industrial, Industrial, Business and Professional Offices and Institutional Zoning Districts Regular Meeting of the City Council May 16, 2006 Page 5 Continued Public Hearing - Ordinance #344 - Amendments to Chapter 11 Regarding Accessory Uses in the Commercial, Light Industrial, Industrial, Business and Professional Offices and Institutional Zoning Districts - 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 Freiberg, seconded by Shaffer and motion carried to approve Ordinance #344, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - NO SCANLON - YES SHAFFER - YES Public Hearing - Preliminary Design Plan Amendment Approval - Amendment #1 - PUD #70 - Golden Valley Commons John Sheehan, Doolittles owner and Gregg Hackett, architect, presented the plan amendment and answered questions from the Council. Steve Schmidgall, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the Preliminary Design Plan Amendment, Amendment #1, PUD #70, Golden Valley Commons, subject to the following conditions: 1. The site plan for the Doolittles outlot prepared by Partners and Sirny Architects and dated March 31, 2006 shall replace the existing site plan for this outlot approved as part of the original PUD permit. This includes 14 additional parking spaces for the outlot. 2. Doolittles is permitted to add approximately 752 square feet of building space to include a 36 seat four season dining area and new enclosed entry. 3. The new outdoor patio will include 38 patio seats, a fire pit, BBQ, and landscaping. Regular Meeting of the City Council May 16, 2006 Page 6 Public Hearing - Preliminary Design Plan Amendment Approval - Amendment #1 - PUD #70 - Golden Valley Commons - Continued 4. The recommendations of the City Engineer Jeff Oliver, PE, found in the memo to Mark Grimes and dated April 17, 2006, shall become a part of this approval. 5. The recommendation of the Deputy Fire Marshal Ed Anderson, found in the memo to Mark Grimes and dated March 22, 2006, shall become a part of this approval. 6. A bicycle rack shall be added to the plans as a part of this approval. Public Hearing - Ordinance #345 - Amendment to Section 11.90 Regarding Relationship between the Zoning Provisions and the Comprehensive Plan The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 345, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.90 Regarding the Relationship between the Zoning Provisions and the Comprehensive Plan Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council Steve Schmidgall, Planning Commissioner, 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve Ordinance #345, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non -Intoxicating Malt Liquor License Renewals Bob Hernz, Director of Public Safety, introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the renewal of the On Sale, Off Sale, Sunday Sale, Club and On Sale Wine and Non - intoxicating Malt liquor licenses for 2006-2007 license term unconditionally as listed below: Regular Meeting of the City Council May 16, 2006 Page 7 On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non -Intoxicating Malt Liquor License Renewals- Continued Off Sale: Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits, Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel, Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse and Adelemor, Inc. d/b/a United Liquors #2 Off Sale, On Sale and Sunday Sale: RZMP Corporation, d/b/a Schuller's Tavern On Sale and Sunday Sale: Apple American Limited Partnership, d/b/a Applebee's Neighborhood Grill & Bar, D'Amico Catering, LLC, d/b/a Metropolitan Ballroom and Clubroom, GMRI, Inc. d/b/a Red Lobster, Majors Sports Cafe of Golden Valley, Inc. d/b/a Majors Sports Cafe and The Samurai, Inc. d/b/a Benihana Club On Sale and Sunday Sale: Chester Bird American Legion Post #523 and Golden Valley VFW Post #7051 Wine On Sale (including strong beer) and Non -Intoxicating Malt Liquor. D'Amico and Sons, Inc. d/b/a D'Amico and Sons and Buon Amico, Inc. d/b/a Piazza's Ristorante Authorizing Issuance and Sale of: $7,320,000 General Obligation Improvement Bonds, Series 2006B, $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C and $700,000 General Obligation Certificates of Indebtedness, Series 2006D Sue Virnig, Finance Director, introduced the agenda items and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-32 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $7,320,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006B 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 May 16, 2006 Page 8 Authorizing Issuance and Sale of: $7,320,000 General Obligation Improvement Bonds, Series 200613, $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C and $700,000 General Obligation Certificates of Indebtedness, Series 2006D - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-33 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,945,000 GENERAL OBLIGATION STORM SEWER UTILITY REVENUE BONDS, SERIES 2006C 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-34 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $700,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006D 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. Announcements of Meetings The next Bassett Creek Water Management Commission will be held on May 18, 2006 at 11:30 am. Golden Valley Days Art and Music Festival will be held on May 19 and 20, 2006. Some Council Members may attend an open house at Council Member Shaffer's new home on May 21, 2006. Some Council Members may attend the Optimist Gala on May 23, 2006 at 6 pm at the Golden Valley Country Club. The next City Council meeting will be held on June 6, 2006 at 6:30 pm. The next Council/Manager meeting will be held on June 13, 2006 at 6:30 pm. Regular Meeting of the City Council May 16, 2006 Page 9 Announcements of Meetings - Continued The Council will attend the Board/Commission Recognition Dinner on June 14, 2006 at 6:30 pm. Some Council Members may attend the USA Luge event on June 10-11, 2006. Some Council Members may meet at Doolittles immediately following the May 16, 2006 Council Meeting. Mayor and Council Communications Council Member Shaffer stated the Northwest Suburbs Cable Communications Commission will meet on May 18, 2006 at 7:30 am at the Brooklyn Park facility and they will be discussing wi-fi initiative with the City of St. Louis Park. MetroTransit is conducting a Transit Restructuring Study and holding public meetings. Interested persons can get information about the meeting on the MetroTransit web site. Adjournment The Mayor adjourned the meeting at 8:20 pm. Linda R. Loomis, Mayor ATTEST: