07-15-08
Regular Meeting
of the
City Council
July 15, 2008
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 July 15, 2008 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Scanlon and Shaffer; and the
following was absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Oath of Office - Police Officers Jason Albers, Thomas Buffie and Ryan Thiesen
Stacy Altonen, Police Chief, introduced the newest Police Officers, Jason Albers, Thomas
Buffie and Ryan Thiesen.
Mayor Loomis gave the oath of office to Police Officers Jason Albers, Thomas Buffie and
Ryan Thiesen.
The Council congratulated the new Police Officers.
Approval of Aaenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of July 1, 2008 as submitted.
Approval of Consent Agenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
items on the consent agenda as amended:
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes - City Council Meeting - June 17. 2008 and Council/Manager-
July 8. 2008
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
City Council meeting minutes for June 17, 2008 and the Council/Manager meeting minutes
of July 8, 2008 as submitted.
*Bills and Claims
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
Regular Meeting of the City Council
July 15, 2008
Page 2
*Solicitor's License - ASI Contractin~ Inc.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for ASI Contracting Inc.
*Solicitor's License - Berkeshire Exteriors LLC
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Berkeshire Exteriors LLC.
*Solicitor's License - Pro-Pride Contractors
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Pro-Pride Contractors.
*Solicitor's License - Sisters Camelot
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Sisters Camelot.
*Solicitor's License - Southwestern/Caleb's Educational Books
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Southwestern/Caleb's Educational Books.
*Gamblin~ License Exemption and Waiver of Notice Requirement - Scott Carver
Dakota CAP A~encv, 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 Scott
Carver Dakota CAP Agency, Inc.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Joint Water Commission - April 2, 2008
Bassett Creek Water Management Commission - May 15, 2008
Regular Meeting of the City Council
July 15, 2008
Page 3
*Bids - Brookview Park Tennis Court and Lions Park Tennis and Basketball Court
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the
bid to color coat the tennis court at Brookview Park and reconstruct the basketball court at
Lions Park from the lowest responsible bidder, Bituminous Roadway, Inc. for $107,350.00.
The bids are as follows:
Bituminous Roadways, Inc.
DMJ Corp.
Midwest Asphalt corp.
Barber Construction
Sunram Construction, Inc.
$107,350
108,700
110,500
114,608
131,400
*Authorization to Sign Contract with Environmental Process, Inc., for Design and
Construction Observation Services for 2008 Building Maintenance Proiect
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize
design and construction observation services for 2008 building maintenance projects from
Environmental Process, Inc. for an estimated cost of $37,000.
*Authorization to Sign Agreement with City of Crystal for TH 100 Pedestrian Bridge
Lighting Installation and Maintenance
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager sign the Joint and Cooperative Agreement for Lighting Installation
and Maintenance of the Highway 100 Pedestrian Bridge at Bassett Creek.
*Appointment to Human Rights Commission
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to make the
following appointments to the Human Rights Commission:
Roger McConico
Christopher Jordan
Debra Yahle
3 year term
3 year term
3 year term
term expires - 5/1/11
term expires - 5/1/11
term expires - 5/1/11
Public Hearing - Preliminary Plat Approval - Janalyn Circle and Glencrest Road -
DiGiacomo Homes, Applicant
Rocky DiGiacomo, Applicant, reviewed the preliminary plat and answered questions from
the Council.
Les Eck, Planning Commissioner, presented the Commission report and answered
questions from the Council.
Regular Meeting of the City Council
July 15, 2008
Page 4
Public Hearina - Preliminary Plat Approval - Janalvn Circle and Glencrest Road -
DiGiacomo Homes, Applicant - Continued
Mark Grimes, Director of Planning and Development, introduced the agenda items and
answered questions from the Council. Thomas Burt, Allen Barnard, Jeannine Clancy, Jeff
Oliver, City Engineer, and AI Lundstrom, Environmental Coordinator, 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.
Robert Burke, 4223 Glencrest Road, showed a map of the proposed homes and feels one
of the proposed homes is less than 35 feet from the property line, stated some of the
previous homes the developer has built in the area at 4108 Glencrest Road and 229
Janalyn Circle are out of scale and not in keeping with the character of the neighborhood,
asking price is $1 million and is concerned about the size of the homes he plans to build;
feels with the new bigger homes will cause congestion on the street and sidewalks will
have to be installed; feels it will change the character of the neighborhood; expressed
concern over the old trees in the neighborhood, that modern construction techniques will
compress the soil and stress the trees and could harm the trees or spread oak wilt disease;
submitted a copy of the letter he submitted to the Planning Commission that was signed by
54 people; feels that some of the provision in the code have not been met regarding the
steep slopes and excessive wetness, states the developer doesn't own all the property and
only has a purchase agreement; an erosion control plan was not submitted; feels the
applicant needs to present their drainage plans; and feels that the Council should not allow
the development.
Mike Shock, 4316 Glencrest Road; feels there are important arguments on both sides,
stated he did not sign the letter but his wife did; stated he doesn't stand in opposition but is
concerned that the work has not been done by the city to make it clear that the slope and
drainage issues have been addressed; feels that all part of the project are intermingled -
the slopes, drainage and trees, loosing trees increases water, changing slope increases
drainage and doesn't think anyone has taken a look at the ecological view of the project;
urges the Council review the plan to make sure it is done well; stated since the rain there
has been standing water on the site which breed's mosquito's; concerned about a second
infestation of beetles if the trees are weakened as referenced in the Rainbow Tree Care
study; feels a mitigation plan that has concrete plan be laid out; feels the risk should fall on
the builder; stated the penalty for violating the tree preservation plan is minor and the trees
may suffer; and stated the outcome of the trees won't be known for a year.
Regular Meeting of the City Council
July 15, 2008
Page 5
Public Hearing - Preliminary Plat Approval - Janalyn Circle and Glencrest Road -
DiGiacomo Homes, Applicant - Continued
Rich Baker, 224 Janalyn Circle, stated he is not in aggressive opposition to the project but
encouraged the Council to take a closer look and possibly refer it back to the Planning
Commission; feels there are several inadequacies in the city code and they should be
corrected; stated that prior to the current proposal the property has changed hands a few
times and during that time 3 to 5 trees were removed from one of the lots and no one was
held responsible for that; feels the tree preservation ordinance should be strengthened to
protect trees prior to a building project and not just when a project is proposed and the
developer is held to that responsibility; feels the disincentives to tree removal by
landowners should be strengthened; stated the surface runoff model prepared by SHE only
evaluates changes in impervious surfaces and there are other considerations not
addressed such as compaction, erosion changes and permeability that would result from
this type of development; when the Planning Commission looked at the report it
encouraged the rain garden but nothing requires that it be done and doesn't provide
guidance for the size of mitigation and feels the ordinances should prescribe the scale of
the mitigation necessary to compensate for changes in drainage.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
minor subdivision of Lots 11 and 12, Block 3, Glen Urban 2nd Addition, subject to the
following conditions:
1) The applicant will work with the Public Works Department regarding a comprehensive
run-off retention system for all three lots.
2) The final plat of this proposed minor subdivision (yet to be named) will be consistent with
the preliminary plan submitted with the minor subdivision application.
3) The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development and dated May 19, 2008, shall become a part of
this approval.
4) A park dedication fee shall be paid in an amount approved by the City Council at time of
final plat approval.
5) Individual Tree Preservation Plans shall be submitted for the development of each of the
proposed lots at time of building permit application.
6) A Subdivision Agreement will be drafted for review and approval by the City Council that
includes issues found in the City Engineer's memo dated May 19, 2008.
7) There will be a restriction on future variances.
Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran
Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road
Mark Grimes, Director of Planning and Development introduced the agenda item and
answered questions from the Council. Allen Barnard answered questions from the Council.
Regular Meeting of the City Council
July 15, 2008
Page 6
Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran
Church - PUD #46 - Amendment #6 - 7520 Golden Valley Road
Steve Dornbush, Senior Pastor, Calvary Lutheran Church, answered questions from the
Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to continue the
item for authorization to sign amended PUD permit for Calvary Lutheran Church, PUD 46,
Amendment No.6, 7520 Golden Valley Road until the September 16,2008 City Council
meeting when a full Council is present.
Call for Public Hearing - Issuance of Revenue Bond - Community Involvement
Programs Proiect - 8/6/08
Sue Virnig, Finance Director, introduced the agenda item.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to call for a
public hearing for Wednesday, August 6, 2008 at 7 pm for giving host approval to the
issuance of revenue bonds to finance housing and healthcare facilities for Community
Involvement Programs Project.
Receipt of Human Rights Commission Bias/Hate Crime Policy
Stacy Altonen, Chief of Police, introduced the agenda item and answered question from
the Council.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the Human Rights Commission Bias/Hate Crime Policy.
Announcements of Meetings
The next Bassett Creek Water Management Commission will be held on July 17, 2008 at
11 :30 am.
The Bridge Builders meeting will be held on July 19, 2008 at 10 am at the Eloise Butler
Garden.
Some Council Members may attend the Retirement Party for Joe Dutton on July 19, 2008
at 6 pm at the Northland Inn.
A Concert in the Park featuring Mr. Rowles will be held on July 21, 2008 at 7 pm at
Brookview Park.
Some Council Members may attend the Employee Recognition Lunch on July 24, 2008
from 11 am to 1 pm at the Park Maintenance Garage.
Regular Meeting of the City Council
July 15, 2008
Page 7
Announcements of Meetings - Continued
A Concert in the Park featuring Stompin' Dixie will be held on July 28, 2008 at 7 pm at
Brookview Park.
The Ice Cream Social will be held on July 28, 2008 at 7 pm at Brookview Park.
A Concert in the Park featuring Gypsy Mania Quartet will be held on June 9, 2008 at 7 pm
at Brookview Park.
Minnesota Night to Unite celebrations will be held throughout the evening at various
neighborhood locations on Tuesday, August 5,2008.
The next City Council meeting will be held on Wednesday, August 6,2008 at 6:30 pm.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8:57 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant