05-07-13 CC Minutes Regular Meeting
of the
City Council
May 7, 2013
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City af
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on May 7, 2013 at 6:30 pm.
The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall;
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pledqe of Alleqiance
The Pledge of Allegiance was recited.
Receipt of 2012 Police Department Annual Report
Stacy Carlson, Police Chief, presented the Annual Report and answered questions from
the Council.
Approval of Aqenda
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
agenda of May 7, 2013 as submitted.
Approval of Consent Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of May 7, 2013 as amended: removal of Authorization to Sign Agreement with
Hennepin County for Cost Participation in Feasibility Study and SRF to Prepare Bikeway
Feasibility Study; and Douglas Drive (Medicine Lake Road to TH 55): Authorization to Sign
Agreement with MnDOT for Federal Participation in Right-of-Way Acquisition, Authorization
to Purchase 1435, 1605 and 2300 Douglas Drive and 6300 Winsdale Street and 6300
Phoenix Street, and Authorization to Sign Agreement with Wilson Development Services
LLC for Residential Acquisition and Relocation Services.
*Approval of Minutes - Citv Council Meetinq - March 5, 2013 and Council/Manaqer
Meetinq - March 12, 2013
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of March 5, 2013 and Council/Manager Meeting minutes of
March 12, 2013 as submitted.
*Approval of Check Reqister
MOVED by Pentel, seconded by Scanlon and motion carried unanimously ta authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
Regular Meeting of the City Council
May 7, 2013
Page 2
*Fireworks Permit - Americana Fireworks Displav Companv for Golden Vallev
Davs Art & Music Festival
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
fiireworks display permit for Americana Fireworks Display Company to discharge aerial
fireworks at the Golden Valley Days Art & Music Festival on Saturday, May 18, 2013, or on
the rain date of Sunday, May 19, 2013.
*Fireworks Permit - Pyrotechnic Displav, Inc. for Golden Vallev Fire Relief
Association Street Dance
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to apprave the
fireworks display permit fQr Pyrotechnic Display, Inc. to discharge aerial fireworks at the
Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on
Saturday, June 22, 2013, with a rain date of Sunday, June 23, 2013.
*Temporarv Nonintoxicatinq Malt Liquor On-Sale Special Event Permit - Chester Bird
American Leqion for Golden Vallev Davs Art & Music Festival
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve a
temporary nonintoxicating malt liquor license for the Chester Bird American Legion on
behalf of the Golden Valley Days Art & Music Festival on Saturday, May 18, 2013 from 1 to
11 pm at Brookview Park.
*Solicitor's License - Fund For The Public Interest
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Fund for the Public Interest.
*Solicitor's License - DSAI, Inc. d/b/a Grand Cleaners
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for DSAI, Inc. d/b/a Grand Cleaners.
*Rental Propertv License
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of license as recommended by staff.
Regular Meeting of the City Council
May 7, 2013
Page 3
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - February 26, 2013
Joint Water Commissian - February 6, 2013
Environmental Commission - February 25, 2013
Envision Connection Project Executive Board - February 28, 2013
Bassett Creek Watershed Management Commission - March 21, 2013
*Authorization to Extend Fire Relief Association Street Dance Hours
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight
on Saturday, June 22, 2013, with a fireworks rain date af Sunday, June 23, 2013, at 10 pm
at the Chester Bird American Legion, 200 North Lilac Drive.
*Proclamation for Arbor Dav and Arbor Month
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt a
Proclamation for May 15, 2013 as Arbor Day and May 2013 as Arbor Month in the City of
Golden Valley.
Authorization to Siqn Aqreement with Hennepin Count�for Cost Participation in
Feasibilitv Studv and SRF to Prepare Bikewav Feasibility Studv
Council Member Pentel had questions regarding why the City is involved in conducting the
feasibility study. Jeannine Clancy, Thomas Burt and Allen Barnard answered questions
from the CounciL
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 13-36
RESOLUTION AUTHORIZING THE COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY FOR A BIKEWAY FEASIBILITY STUDY
The motion for the adoption of the foregoing resolution was s�conded by Member Clausen
and upon a vote being taken thereon, the following vated in favor thereof: Clausen, Harris,
Scanlon and Schmidgall; and the following voted against the same: Pentel, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor and his
signature attested by the City Clerk.
Regular Meeting of the City Council
May 7, 2013
Page 4
Authorization to Siqn Agreement with Hennepin Countv for Cost Participation in
Feasibilitv Studv and SRF to Prepare Bikewav Feasibilitv Studv - Continued
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to autharize the
City Manager to sign the agreement with SRF Consulting Group, Inc. for professional
services for the Bassett Creek Regional Trail Feasibility Study.
Douqlas Drive (Medicine Lake Road to TH 55): Authorization to Siqn Aqreement with
MnDOT for Federal Participation in Riqht-of-Wav Acquisition, Authorization to
Purchase 1435, 1605 and 2300 Doualas Drive and 6300 Winsdale Street and 6300
Phoenix Street, and Authorization to Siqn Aqreement with Wilson Development
Services LLC for Residential Acquisition and Relocation Services
Council Member Clausen stated she will not be supporting the items because of the cost of
the project. Jeannine Clancy answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-37
RESOLUTION AUTHORIZING AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR
FEDERAL PARTICIPATION IN RIGHT OF WAY FOR
SP 12$-091-004 (DOUGLAS DRIVE)
The motion for the adoption of the foregoing resolution was seconded by Member
Schmidgall and upon a vote being taken thereon, the following voted in favor thereof:
Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same:
Clausen, whereupon said resolution was declared duly passed and adopted, signed by the
Mayor and his signature attested by the City Clerk.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-38
RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES
FOR THE DQUGLAS DRIVE RECONSTRUCTION PROJECT
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Harris, Pentel,
Scanlon and Schmidgall; and the following voted against the same: Clausen, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor and his
signature attested by the City Clerk.
MOVED by Pentel, seconded by Schmidgall and motion carried to authorize the City
Manager to sign the agreement with Wilson Development Services LLC for residential
acquisition and relocation services associated with the Douglas Drive Project for an
amount not to exceed $17,000. Council Member Clausen voted no.
Regular Meeting of the City Cauncil
May 7, 2013
Page 5
*Call for Public Hearinq - Easement Vacations - Plats of Dahlberq Commerce Center
PUD #61 and North Wirth Business Center PUD #100 (4200 and 4310 Dahlberq Drive) -
5/21/13
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-39
RESOLUTION ESTABLISHING A PUBLIC HEARING ON MAY 21, 2013
TO CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENTS
IN THE PLATS OF DAHLBERG COMMERCE CENTER P.U.D. NO. 61 AND
NORTH WIRTH BUSINESS CENTER P.U.D. NO. 100
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Continued Item -Approval of Plat and Authorization to Siqn Subdivision Development
Aqreement - Mitchell Addition
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-31
RESOLUTION FOR APPROVAL OF PLAT - MITCHELL ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the Subdivision Development Agreement.
*Acceptance of Donations for Electronic Reader Board
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-40
RESOLUTION ACCEPTING DONATIONS FOR THE
ELECTRONIC READER BOARD AND ADD TO ONGOING PROGRAMS
Regular Meeting of the City Council
May 7, 2013
Page 6
*Acceptance of Donations for Electronic Reader Board - Continued
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Call for Public Hearinq - Covenant Retirement Communities Bonds - 5/21/13
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-41
RESOLUTION CALLING A PUBLIC HEARING FOR THE PURP!aSE OF
PRQVIDING HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS
BY THE COLORADO HEALTH FACILITIES AUTHORITY TO FINANCE
THE CONSTRUCTION AND EQUIPPING OF COLONIAL ACRES
(D/B/A COVENANT VILLAGE OF GOLDEN VALLEY)
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Authorization to Siq,.n Aqreement with Hennepin Countv for Purchase of Tennis Nets
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign Contract No: A130448 with Hennepin County for the
purchase of tennis nets for Brookview and Wesley Park.
Public Item -Appeal of Board of Zoninq Appeals Decision - 1325 Zealand Avenue
North
Joe Hogeboom, City Planner, introduced the agenda item, including a PowerPaint
presentation, and answered questians 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.
Aleksandr Yershov, Applicant, 1325 Zealand Avenue North, reviewed their reasons for
requesting the variance and answered questions from the Council.
Regular Meeting of the City Council
May 7, 2013
Page 7
Public Item -Appeal of Board of Zoninq Appeals Decision - 1325 Zealand Avenue
North - Continued
Dave Thompson, 1319 Zealand Avenue North, stated in the neighborhood on Zealand
Avenue between Plymouth and Winsdale Carl Peterson built seven of the homes in the
area using the same basic design on narrow lots, feels each house is unique, the homes in
the area are not blighted and have been well-maintained; suggested the owner should
purchase a two-story as it would be cheaper than remodeling; feels what he is proposing is
too big a house on too small of a lot; feels the other neighbors would be unhappy living
next to such a big house; that the house will stick up like no other homes in the area; feels
it would make selling his home or anyone else's in the block more difficult; feels the house
was not designed for a second stary, the home has cathedral ceilings; feels it will change
the neighborhood drastically and will have an adverse impact on the neighborhood; he is
concerned only about the homes on Zealand Avenue and feels his neighbor should also be
concerned about the homes on Zealand and not the "wider neighborhood" and requested
the Council uphold the Board of Zoning Appeals ruling.
Alexander Baconical, stated he is the architect that designed the home; feels that his
design matches the existing house; he taok into consideration the cathedral ceilings when
the home was designed; he has used the same arch windows in the design; feels the
property owner has a right to build a second story and the foundation will support it; stated
if they have to change the design to use the bearing wall it will be more expensive and will
have to be built on the left side of the home.
George Nikonova, 1211 Sumter Avenue North, stated he is speaking for himself and not
the financial institutions within the city, feels the economics are not being considered in
review of this specific variance, the owner is just increasing livable space, feels it will
increase the property values in the area; stated he lives in a two-story home a few
blocks away and there are single family homes surrounding his and the homes in his
neighborhood were designed and built by the same architect; and feels that property
owners are just trying to improve their quality of the life.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Schmidgall and motion carried to affirm the action of
the Board of Zoning Appeals on April 23, 2013 denying the requested variances. Mayor
Harris voted no.
Announcements of Meetinqs
The City Council will meet on May 14, 2013 at 5:30 pm for the Board/Commission
Applicatian Review
The next Council/Manager meeting will be held on May 14, 2013 at 6:30 pm.
Regular Meeting of the City Council
May 7, 2013
Page 8
Announcements of Meetinqs - Continued
A Bassett Creek Watershed Management Commission meeting will be held on May 16,
2013 at 11:30 am.
Some Council Members may attend the Hall of Fame Induction Ceremony on May 17,
2013 at 9 am at the Brookview Community Center.
The Golden Valley Days Art & Music Festival will be held on May 18, 2013 at Brookview
Park and other locations.
The next City Council meeting will be held on May 21, 2013 at 6:30 pm.
Some Council Members may attend the Golden Valley Northwest Suburban Optimist Club
Gala on May 16, 2013 at 6:30 pm at the Golden Valley Country Club.
The Golden Valley Business Council will meet on May 16, 2013 at 7 am at the Golden
Valley Byerly's.
Some Council Members may attend the Arbor Day Celebration at the SEA School on May
15, 2013 at 10:30 am.
A Beyond the Yellow Ribbon Campaign Committee meeting will be held on May 13, 2013
at 7 pm at the Crystal Community Center.
A Beyond the Yellow Campaign Memorial Day Celebration will be held on May 27, 2013 at
1 p am at the Golden Valley City Hall Campus.
Mayor and Council Communications
Council Member Schmidgall reviewed the meeting he attended on May 29, 2013 with
Hennepin County Commission Opat regarding the Bottineau Transitway.
Hopkins School District approved the purchase of the Greater Minneapolis Day Care
Center to expand the district offices.
Mayor Harris stated former Mayor Mary Anderson had surgery and the Council wishes her
well.
Executive Session - Stephen and Andrea Dargi vs Citv of Golden Vallev Lawsuit and
Condemnation of 2241 Leqend Lane (Darqi House)
The City Council will conduct an Executive Session regarding the Stephen and Andrea
Dargi vs City of Golden Valley Lawsuit and Condemnation of 2241 Legend Lane
immediately following the Council Meeting.
Regular Meeting of the City Council
May 7, 2013
Page 9
Adiournment
MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to adjourn the
meeting at 7:43 pm.
�y� r
G ,
Shepar M. Harris, Mayor
ATTEST:
�
J y N y, Administ tive Assistant