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09-20-05 CC MinutesRegular Meeting of the City Council September 20, 2005 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 September 20, 2005 at 6:30 p.m. The following members were present: Grayson, Freiberg, Loomis, Pentel 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 Recognition of Golden Valley Slow Pitch Softball 2005 Champions Mayor Loomis welcomed the families, players and coaches present to receive the proclamation. The Mayor read the names of the players and coaches and presented those players and coaches in attendance with a copy of the proclamation. Approval of Agenda MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the agenda of September 20, 2005 as amended: Removal of Consent Agenda Item - Call for Public Hearing - Special Assessments - October 6, 2005; and Addition of Email from Jeanne Francis Regarding Plymouth Avenue North Sidewalk. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve the agenda of September 20, 2005 as amended: Addition of Email from Jeanne Francis Regarding Plymouth Avenue North; Removal of Approval of Minutes - City Council Meeting - September 6, 2005; Minutes of Boards and Commissions - Planning Commission - August 22, 2005; and Emails from Curt Nelson and Scott Charlesworth -Seiler Regarding Resignation from the Human Services Commission. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes: City Council Meeting - September 6. 2005 Council Member Shaffer wanted to amend the minutes to request the Planning Commission discuss accessory structures in other zoning districts. Regular Meeting of the City Council September 20, 2005 Page 2 Approval of Minutes: City Council Meeting - September 6. 2005 - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of September 6, 2005 as amended: Authorization to Sign Amended PUD Permit - Westwood Lake Office Park - PUD #67 - Amendment #1 - Addition of following motion: MOVED by Shaffer, seconded by Grayson and motion carred unanimously to request the Planning Commission to discuss permitting accessory structures in other zoning districts. *Bills and Claims MOVED by Shaffer, seconded by Grayson and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - James Soukup for Edward Jones Financial Plannin MOVED by Shaffer, seconded by Grayson and motion carred unanimously to approve the solicitors license for James Soukup for Edward Jones Financial Planning. *Solicitor's License - Cleaner Options Market Direct, LLP MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve the solicitors license for Cleaner Options Market Direct, LLP. *Gambling License Exemption, Waiver of Notice Requirement and Conduct Excluded Bingo - Bloomington Rotary Foundation MOVED by Shaffer, seconded by Grayson and motion carried unanimously to receive and file the Gambling License Exemption, Waiver of Notice Requirement and Conduct Excluded Bingo for Bloomington Rotary Foundation. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Grayson and motion carried unanimously to receive and file the minutes as follows: Bassett Creek Water Management Commission - August 18, 2005 Families Sharing the Dream - April 21, 2005 Human Rights Commission - July 14, 2005 Joint Water Commission - August 3, 2005 Human Services Foundation - August 8, 2005 Regular Meeting of the City Council September 20, 2005 Page 3 Minutes of Boards and Commissions - Planning Commission - August 22, 2005 Council Member Pentel feels that including the Planning Commission in the hearing notice mailings that are sent to residents in advance of public hearing is a good idea. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes for the Planning Commission dated August 22, 2005. Email from Curt Nelson and Scott Charlesworth -Seiler Regarding Resignation from Human Rights Commission Council Member Pentel commended Curt Nelson and Scott Charlesworth- Seiler for their work on the Human Rights Commission. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the email from Curt Nelson, dated September 6, 2005; and Scott Charlesworth -Seiler, dated September 7, 2005; regarding their resignations from Human Rights Commission; and request the Mayor send them letters of appreciation in recognition of their service to the community. *Email from Jeanne Francis Regarding Plymouth Avenue North MOVED by Shaffer, seconded by Grayson and motion carried unanimously to receive and file the email from Jeanne Francis, dated September 20, 2005 regarding Plymouth Avenue North. *Resolution Reconvening Tax -Forfeit Lands Back to the State and Requesting the County Board Restrict the Sale to Adjacent Property Owners Only or Housing and Redevelopment Authority Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 05-52 RESOLUTION RECONVEYING CERTAIN TAX -FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX -FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS OR THE GOLDEN VALLEY HOUSING AND REDEVELOPMENT AUTHORITY The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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 September 20, 2005 Page 4 Conveyance of Tax -Forfeited Land Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 05-53 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE OF TAX=FORFEITED LAND The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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. Call for Public Hearing- Special Assessments - October 6. 2005 This item was removed from the agenda and will be considered at the October 6, 2005 meeting. Public Hearing - Preliminary Plat Approval - Lawn Terrace Estates Peter Knaeble, Applicant, reviewed the plan, and asked the Council to revisit the issue of escrow for the pavement management program; and answered questions from the Council. Don Keyser, Planning Commission, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development; reviewed the plat and answered questions from the Council. Thomas Burt, Jeannine Clancy and 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. Alan Nadasdy, 5121 Colonial Drive, feels the Council should minimize the inconvenience of the neighborhood during construction; feels parking should be restricted to the property itself; expressed concern about traffic coming into and out of the project area; and parking when the project is being constructed. Dr. Leonard, 5212 Colonial Drive, doesn't like the aesthetics; expressed concern about drainage issues; feels rain gardens have not been proven; expressed concern over loss of trees, traffic, ecology, and feels there is too much on the site. Tom Bauer, 115 Lawn Terrace, expressed concern about rain garden causing water and drainage issues and is concerned over parking on the street. Regular Meeting of the City Council September 20, 2005 Page 5 Public Hearing - Preliminary Plat Approval - Lawn Terrace Estates - Continued LeAnn Andersen, 5160 Colonial Drive, feels we should give the rain gardens a try but is concerned about the water flow; feels there should be a rain garden on the lot that does not currently have one; likes the aesthetics of the neighborhood; asked if there could be covenants to govern the lots after he sells them to make the homes consistent wit h the neighborhood. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve the preliminary plat for Lawn Terrace Estates, subject to the following conditions: 1. The recommendations of City Engineer Jeff Oliver as found in his memo dated August 11, 2005 become a part of this approval. 2. Park dedication fees shall be paid at the time of final plat approval. The fee shall be determined by the City Council. 3. The site plans submitted by the applicant, dated July 7, 2005 shall become a part of this approval. 4. The site plans submitted by the applicant are subject to review and comment by MnDOT and Hennepin County. 5. Parking will be restricted to one side of Lawn Terrace during the construction process. 6. There will be no storage of equipment or materials allowed on any right-of-way or on any street. 7. A $3,500 escrow for each lot shall be made payable to the City of Golden Valley prior to approval of final plat for the reconstruction of Lawn Terrace that is part of the 2011 Pavement Management Program (PMP) The Council will discuss the Subdivision Ordinance at a future Council/Manager meeting. Plymouth Avenue North Sidewalk Mayor Loomis introduced the agenda item. Jeannine Clancy and Jeff Oliver, City Engineer; Tom Burt and 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. James Wilson and Marie Wilson, 8015 Plymouth Avenue North, opposes the installation of the sidewalk because they would lose the parking area for their cars, stated they have a high hill and can't park anywhere else on the property; stated they also have no garage; feels it is a significant financial hardship; feels that at one point Plymouth Avenue was off - centered and the parking pad was built before the road was widened; also read a letter from Mrs. Wilson's daughter. Regular Meeting of the City Council September 20, 2005 Page 6 Plymouth Avenue North Sidewalk - Continued Mitchell Trockman, 8026 Plymouth Avenue North, stated he just recently learned of the project; no one contacted the residents until they asked for a meeting with the city; reviewed history of the project and communications with the neighborhood; expressed concern over cost of project; feels that if a stop sign is not needed there is no safety concern and the sidewalk is not needed. Brian Bursch, 8101 Plymouth Avenue North; stated he has had no issues with not having a sidewalk; doesn't see an issue with the bus stop; stated cars slow down when the kids are waiting for and getting off the bus; stated if there is a sidewalk they could have problems with bike riders and skateboarders; expressed concern over the loss of trees; feels the sidewalk will look tacky; and also read an email from Jeanne Frances, 8025 Plymouth Avenue North who is opposed to the plan. Pat Helin, 1215 Valders Avenue North; stated she opposes the installation of the sidewalk; expressed concern over the environmental impacts of impervious surfaces; would like the Council to take seriously all the neighborhood objections to the project and is concerned over her neighbors situation. Mibs Pearson, 8115 Plymouth Avenue North, is grateful for the information from staff but is still opposed to the sidewalk; stated no one requested the sidewalk; feels it is not needed or wanted; expressed concern over cost, aesthetics, yards, gardens, and driveways; will affect the character of the neighborhood; wanted to know if the property modifications that were discussed with the city take place if the project is approved. The Mayor closed the public hearing. Staff was directed to work with the Wilson family regarding a deferred assessment and a solution that is amenable to the family. Second Consideration - Ordinance #333 - Boards and Commissions The following ordinance was MOVED by Pentel, seconded by Grayson: ORDINANCE NO. 333, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Boards and Commissions Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve Ordinance #333, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Regular Meeting of the City Council September 20, 2005 Page 7 Amendment to Guidelines for Advisory Commissions, Committees, Boards and Councils Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the amended Guidelines for Advisory Commissions, Committees, Boards and Councils. First Consideration - Ordinance #334 - Hours of Operation for Off -Sale Liquor Stores The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 334, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 5, Amending Section 5.42 Regarding Hours of Operation for Off -Sale Liquor Stores Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #334, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Announcements of Meetinas A Joint Planning Commission and City Council meeting will be held on September 26, 2005 at 6:30 p.m. The next City Council meeting will be held on Thursday, October 6, 2005 at 6:30 p.m. The next Housing and Redevelopment Authority Meeting will be held on October 11, 2005 at 6:30 p.m. followed by a Council/Manager meeting. A City Council meeting will be held on October 18, 2005 at 6:30 p.m. A Bassett Creek Water Management Commission meeting will be held on October 20, 2005 at 11:30 a.m. A League of Women Voters Candidate Night will be held on October 20, 2005 at 7:00 pm. A City Council meeting will be held on November 1, 2005 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council September 20, 2005 Page 8 Adjournment The Mayor adjourned the meeting at 9:47 p.m. P Linda R. Loomis, Mayor ATTEST: Jy Nally Administrati Assistant