09-04-07 CC Minutes unsigned Regular Meeting
of the
City Council
September 4, 2007
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 4, 2007 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;
David Schelzel, Acting City Attorney; and Judy Nally, Administrative Assistant.
Presentation of Awards to 2007 Photo Contest Winners
Cheryl Weiler, Communications Coordinator, thanked the judges who were Ann Gallagher,
Cable 12 TV and host of the Northwest Cities news magazine program; Margie Vigoren,
City of Plymouth Communications Specialist; Pat Brink, Brink Public Relations; and Sarah
Larson, an administrative captain with the West Metro Fire-Rescue District and a former
professional photographer.
Winners in attendance were presented with a Certificate of Appreciation and cash award.
The winners are: Enhanced Third Place, Rich Smith, 5601 Glenwood Avenue; Enhanced
Second Place, Richard Gunderson, 216 Winnetka Avenue South; Enhanced First Place,
Peter Knaeble, 6001 Glenwood Avenue; Lifestyle Third Place, Gloria Johnson, 4200
Golden Valley Road; Lifestyle Second Place, Richard Gunderson, 216 Winnetka Avenue
South; Lifestyle First Place, Ashley Ilvonen, 2625 Vale Crest Road; Natural Third Place,
Richard Gunderson, 216 Winnetka Avenue South; Natural Second Place, Kalin Kauppila,
1512 Valders Avenue North; and Natural First Place, Overall Grand Prize and People's
Choice Winner, and Janice Laulainen, 6040 Golden Valley Road.
The Council congratulated the winners and thanked the photographers who participated.
Open Space and Recreation Commission 2006 Annual Report
Jerry Sandler, Chair, reviewed the Open Space and Recreation Commission report.
The Council thanked the Open Space and Recreation Commission.
Approval of Aqenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of September 4, 2007 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Regular Meeting of the City Council
September 4, 2007
Page 2
Approval of Consent Agenda
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the
agenda of September 4, 2007 as amended: Removal of Minutes of Boards and
Commission - Bassett Creek Water Management Commission - July 19, 2007.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes - Citv Council Meetinq -August 8, 2007
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the
City Council meeting minutes of August 8, 2007 as submitted.
*Bills and Claims
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and
file the minutes as follows:
Civil Service Commission - June 22, 2007
Open Space and Recreation Commission - August 6, 2007
Planning Commission - August 13, 2007
Board of Zoning Appeals - July 24, 2007
Minutes of Boards and Commission - Bassett Creek Water Manaqement Commission -
July 19, 2007
Council Member Shaffer wanted to know if the Council could get a summary of the minutes
that highlight the Commission's actions. Mayor Loomis stated she will pass Council
Members Shaffer's comments on to the Bassett Creek Water Management Com mission.
Regular Meeting of the City Council
September 4, 2007
Page 3
Minutes of Boards and Commission - Bassett Creek Water Manaqement Commission -
July 19, 2007
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the Bassett Creek Water Management Commission minutes of July 19, 2007.
*Bids - Community Center Roof
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to award the bid
for community center, gazebo, southeast and north canopy roof replacement, patio and
southeast roof decking from the only bidder, McPhillips Bros. Roofing Co. for a total of
$185,300.
*Quotes - Playqround Equipment -Yosemite Park
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the
purchase and installation of playground equipment at Yosemite Park from the lowest
responsible bidder, Earl F. Andersen, Inc. for $29,480.00. The bids are as follows:
Earl F. Andersen, Inc. $29,480
Flanagan Sales 29,972
*Petition Reqarding Opposition to Culver Road Sidewalk
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and
file the petition regarding opposition to Culver Road sidewalk dated August 21, 2007.
*Letter from Gena Gerard Supportinq Sidewalks
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and
file the letter from Gena Gerard, dated August 27, 2007 supporting sidewalks.
*Call for Public Hearinq - Special Assessments - 10/2/07
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to call a public
hearing to consider certification of special assessments for the 2007 Pavement
Management Program, 2007 Golden Valley Road Street improvements, delinquent utility
bills and miscellaneous charges on October 2, 2007 at 7 pm.
*Response to Open Forum Comments from Loreen Mills
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and
file the letter from Loreen Mills regarding the sanitary sewer service repair dated August
29, 2007, and the staff response dated August 29, 2007.
Regular Meeting of the City Council
September 4, 2007
Page 4
*Authorization to Sign Amended PUD Permit - Rudv Luther Tovota - PUD #91 -
Amendment#2 - 8805 Wavzata Boulevard
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the
Mayor and City Manager to sign the amended PUD Permit for RLT Second Addition, PUD
No. 91, Amendment No 2.
*Approval of Open Space and Recreation Commission By-Laws
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the
by-laws adopted by the Open Space and Recreation Commission on October 24, 2005.
Public Hearinq - Ordinance #382 - Chapter 11.21 Sinqle Familv Zoninq District (R-1) -
Buildinq Heiqht Determination, Wall Articulation, Lot Coveraqe and Accessory
Structure Maximum Size and Roof Desiqn
Thomas Burt introduced the agenda item and answered questions from the Council.
Joe Hogeboom, Planning Intern, reviewed the 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.
Marcia Fluer, 225 Janalyn Circle, feels the process is a mess and the public hearing was
not advertised properly, stated she is speaking on behalf of her neighbor, Rich Baker, and
he wanted the Council to know that as you look at these ordinances the grading issue is
still left as a question mark and is left up to the staff; she stated she submitted a petition
about one year ago about McMansions, stated other cities have been proactive and
revised their codes because of the issue; she would like a better comparison between the
issues of"what is" and "what will be"; feels that some of the terms have changed and it is
baffling to the residents, would like the term "infill housing" used; stated she is in favor of
tabling the issue for one month to make the changes more obvious using real pictures and
suggested that notices for the rescheduled meeting be sent to the person who signed the
petition from the Citizens for Neighborhood Compatibility.
The Mayor closed the public hearing.
The Council took no action on Ordinance No. 382, Amendments to Chapter 11.21 Single
Family Zoning District (R-1), Regarding Building Height Determination, Wall Articulation,
Lot Coverage and Accessory Structure Maximum Size and Roof Design and will discuss it
at the October 9, 2007 Council/Manager meeting and will republish the hearing notice
when the item is considered at a future City Council meeting.
Regular Meeting of the City Council
September 4, 2007
Page 5
Public Hearinq - Ordinance #382, Chapter 11.21 Sinqle Family Zoning District (R-1) -
Buildinq Heiqht Determination, Wall Articulation, Lot Coverage and Accessory
Structure Maximum Size and Roof Desiqn - Continued
Staff was requested to mail a notice to those persons who signed the petition from the
Citizens for Neighborhood Compatibilty dated July 17, 2006 regarding Residential
Compatibility Standards.
Public Hearinq- General Land Use Plan Map Amendment - I-394 Corridor Study Area
Joe Hogeboom, Planning Intern, introduced the agenda item and answered questions from
the Council. Thomas Burt answered questions from the Council.
Don Keysser, Planning Commissioner, presented the Commission report.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Brad Gunn, Malkerson, Gilliland, Martin representing Wagener Properties, 7400 Wayzata
Boulevard, feels the biggest change is that the study promotes residential uses along the
corridor and the study results state that people don't like to live next to a freeway, he
doesn't feel there will be much demand; survey already noted noise is a problem in the
area; residential uses were ranked near the bottom in the survey but also listed
commercial/retail uses as preferred land use; contemplates car dealerships be replaced or
phased out; stated it is difficult for dealership to find locations for selling cars; making car
dealerships a nonconfirming use may cause a significant loss in market value of the
property and business; requested the Council reconsider the direction of the corridor study
and not amend the comprehensive plan and submitted a letter to the Council.
MOVED by Freiberg, seconded by Scanlon and motion carried to table consideration of
Resolution 07-35, Resolution for Amendment to the Comprehensive Plan's General Land
Use Plan Map by Changing the Land Use Designation for the Properties in the I-394
Corridor Study Area to the Council/Manager meeting of October 2, 2007 and continue the
public hearing to the October 16, 2007 City Council Meeting. Council Member Shaffer
voted no.
Public Hearinq - Comprehensive Plan General - Land Use Chapter - Adoption of
I-394 Corridor Study
Thomas Burt 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.
Regular Meeting of the City Council
September 4, 2007
Page 6
Public Hearinq - Comprehensive Plan General - Land Use Chapter - Adoption of
I-394 Corridor Studv - Continued
Brad Gunn, Malkerson, Gilliland, Martin representing Wagener Properties, 7400 Wayzata
Boulevard referred the Council to his previous statement regarding the General Land Use
Plan Map Amendment - I-394 Corridor Study Area.
The Mayor closed public hearing.
MOVED by Freiberg, seconded by Scanlon and motion carried to table consideration of
Resolution 07-36, Resolution for Amendment to the Comprehensive Plan's General Land
Use Plan by Adopting the I-394 Corridor Study to the Council/Manager meeting of October
2, 2007 and continue the public hearing to the October 16, 2007 City Council Meeting.
Council Members Pentel and Shaffer voted no.
Declaration of Hazardous Building - 305 Sunnyridqe Lane
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the item and answered
questions from the Council.
Roger McCabe, Community Standards Inspector, showed pictures of the site and
answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to order removal
of the hazardous building in the form of an order and direct staff to proceed pursuant to the
order.
First Consideration - Ordinance #383 - Parade and Special Event Permits
The following ordinance was MOVED by Freiberg, seconded by Shaffer:
ORDINANCE NO. 383, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 8.11 of the City Code
Providing for Parade and Special Event Permits
Stacy Altonen, Police Chief introduced the agenda item and answered questions from the
Council.
MOVED by Freiberg, seconded by Shaffer and motion carried to approve on First
Consideration, Ordinance #383. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Regular Meeting of the City Council
September 4, 2007
Page 7
Certification of 2008 Proposed Propertv Tax Levy
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Thomas Burt answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to certify the
City's 2008 proposed property tax levy in the amount of$15,373,380.
Announcements of Meetings
A Special Bassett Creek Water Management Commission will be held on September 6,
2007 at 3 pm.
Filing for City Council candidates closes on September 11, 2007 at 5 pm.
The next Council/Manager meeting will be held on September 11, 2007 at 6:30 pm.
The next City Council meeting will be held on September 18, 2007
A Bassett Creek Water Management Commission meeting will be held on September 20,
2007 at 11:30 am.
The Human Services Foundation Golf Classic will be held on September 21, 2007 at 8 am
at the Brookview Golf Course.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8:12 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant