08-15-06 CC MinutesRegular Meeting
of the
City Council
August 15, 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 August 15, 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.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of August 15, 2006 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
consent agenda of August 15, 2006 as amended: Removal of Authorization to Sign Joint
Power Agreement for North Metro Drug Task Force and Human Rights Commission
Appointments.
*Approval of Minutes - Special Council/Manager Meeting - July 18, 2006 and
Council/Manager Meeting - August 8, 2006
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
Special Council/Manager meeting minutes of July 18, 2006 and Council/Manager meeting
minutes of August 8, 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.
Regular Meeting of the City Council
August 15, 2006
Page 2
*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.
Authorization to Sign Joint Powers Agreement for North Metro Drug Task Force
Council Member Freiberg had questions regarding the agreement.
Bob Hernz, Director of Public Safety and Allen Barnard answered questions from the
Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign the Northwest Metro Drug Task Force Joint Powers
Agreement.
*Request for Sale Permit in Parks
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to deny the
request to sell hand -drawn caricatures of people sketched in the park.
*Receipt of July 2006 General Fund Budget Report
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the July 2006 General Fund Budget Report.
Human Rights Commission Reappointments
Council Member Freiberg had questions regarding the number of people who were being
reappointed.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to make the
following reappointments to the Human Rights Commission:
Ron Brandon 3 year term term expires - 5/1/09
Marion Helland 3 year term term expires - 5/1/09
Theresa Jorgenson 3 year term term expires - 5/1/09
Public Hearing - Ordinance #348 - Amendment to City Code Section 11.21 Single
Family Zoning District (R-1) Regarding the Size of Permitted Accessory Structures
Cathy Waldhauser, Planning Commissioner, introduced the agenda item and answered
questions from the Council.
Regular Meeting of the City Council
August 15, 2006
Page 3
Public Hearing - Ordinance #348 - Amendment to City Code Section 11.21 Single
Family Zoning District (R-1) Regarding the Size of Permitted Accessory Structures -
Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Lisa Arndt, 1425 Unity Avenue North, stated she is against the proposed amendments, she
lives next to a 1,000 square foot detached barn; feels that allowing accessory structures
with unusually large footprints that are unnecessary are a disservice to adjacent
homeowners and the neighborhood; the lots within the city are not uniform in size and
shape and feels the current setback requirements are not adequate to protect the smaller
lots from encroachment; feels that continued construction of bigger accessory structures
impact more than just the homeowner who is building it; feels that the structures change
the landscape of everyone who has a view; feels the Council should reject the proposed
changes and keep the ordinance as it is or reduce the footage allowed; suggested
instituting a non-negotiable height limit and she distributed pictures of what the barn looks
like from the neighborhood.
Bruce Forness, 1425 Unity Avenue North, stated with the proposed ordinance, the
neighbor with the barn could build a larger structure; stated they tore down the garage so
they could build the barn and the height is greater than a garage; feels that accessory
structures should be of similar design to the existing structure; stated the barn was built at
the edge of the setback; stated the neighbors only have one view of the building and it is
not aesthetically pleasing; feels that when people apply for variances the adjacent property
owners should have an opportunity to comment on the applications before they are
granted; feels structures that are 1,250 feet in size are intimidating in size relative to the
landscape around them; feels the Council should think long and hard before approving the
ordinance.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to refer
Ordinance No. 348, Amending Section 11.21 "Single Family Zoning District (R-1)" Relating
to Size of Accessory Structures Allowed in R-1 Zoning District back to the Planning
Commission to consider restricting the amount of square footage in any one structure;
requiring greater setback requirements if the accessory structure exceeds a certain size,
and restricting height requirements for accessory structures.
First Considerations - Ordinance #349 - Residential Property Maintenance Code and
Ordinance #350 - Amendments to the Master Fee Schedule for Property Maintenance
Administrative Citation
The following ordinance was MOVED by Freiberg, seconded by Shaffer:
Regular Meeting of the City Council
August 15, 2006
Page 4
First Considerations - Ordinance #349 - Residential Property Maintenance Code and
Ordinance #350 - Amendments to the Master Fee Schedule for Property Maintenance
Administrative Citation - Continued
ORDINANCE NO. 349, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 4.60, "Multiple -Dwelling Property Maintenance Code"
Bob Hernz, Director of Public Safety, introduced the agenda item and answered questions
from the Council. Aaron Hanauer, Planning Intern, Jeannine Clancy and Allen Barnard
answered questions from the Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to adopt on
First Consideration Ordinance #349, 2nd Series, as amended: Subdivision 5(L) change
"valuation" to "value" and Subdivision 7, change to reflect interior standards.
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 Freiberg, seconded by Pentel:
ORDINANCE NO. 350, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending the Master Fee Schedule Title for
Property Maintenance Administrative Citations
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to adopt on First
Consideration, Ordinance #350, 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 - Platted Drainage and Utility Easement Vacation - PUD #100 -
North Wirth Business Center - 9/5/06
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 06-54
RESOLUTION ESTABLISHING A PUBLIC HEARING ON
SEPTEMBER 5, 2006 TO CONSIDER VACATION OF A PORTION
OF A PLATTED DRAINAGE AND UTILITY EASEMENT IN
NORTH WIRTH BUSINESS CENTER P.U.D. NO. 100
Regular Meeting of the City Council
August 15, 2006
Page 5
Call for Public Hearing - Platted Drainage and Utility Easement Vacation - PUD #100 -
North Wirth Business Center - 9/5/06 - 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.
Announcements of Meetings
The next Bassett Creek Water Management Commission will be held on August 17, 2006
at 11:30 am.
Board/Commission interviews will be held on August 29, 2006 at 5:30 pm.
A Special Council/Manager meeting will be held on August 29, 2006 at 6:30 pm.
The next City Council meeting will be held on September 5, 2006 at 6:30 pm.
A Council/Manager meeting will be held on Wednesday, September 13, 2006 at 6:30 pm.
The Human Services Foundation will hold a Golf Tournament on September 15, 2006 at
the Brookview Golf Course at 8 am.
Mayor and Council Communications
Mayor Loomis stated at the Council/Manager meeting on August 8, 2006 the Council
discussed the request that the Council adopt a resolution supporting a referendum for the
stadium tax. The Council indicated that they are not in favor of resolutions directed at other
levels of government, and believe that taxpayers should directly petition the elected official
responsible for the decision. The Council consensus is not to adopt the resolution but invite
citizens to appeal directly to their County Commissioner on this issue.
Regular Meeting of the City Council
August 15, 2006
Page 6
Adjournment
The Mayor adjourned the meeting at 7:28 pm.
VLA OcnU141
Linda R. Loomis, Mayor
ATTEST:
Nally, bdministrative /Osistant