10-16-07 CC Minutes Regular Meeting
of the
City Council
October 16, 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 October 16, 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;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Robbinsdale School District Referendum Presentation
Tom Henderlite, Sandburg Middle School Principal; and Bob Hernz, Vote Yes Committee,
were present to review the referendum and answer questions from the Council.
Approval of Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
agenda of October 16, 2007 as amended: Addition of Robbinsdale School District
Referendum Presentation; and Approval of City Council Meeting minutes - September 18,
2007 Public Hearing - Preliminary Plan Approval - PUD #67 - Westwood Lake Office Park -
Amendment #2 - 8401, 8421 and 8441 Wayzata Boulevard as amended by City Attorney.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Aqenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of October 16, 2007 as amended: Removal of Proclamation Supporting the
Meadowbrook PTO Fall Festival & Community Walk and Residential Street Lighting - RSL
235 - Harold Avenue North - Vallee D'Or Townhomes - Waiver of Public Hearing and Order
Construction of Public Improvement.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes: City Council Meeting - September 18, 2007 and
Council/Manaqer Meetinq - October 9, 2007
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City Council meeting minutes of September 18, 2007 as amended, and the
Council/Manager Meeting of October 9, 2007 as submitted.
Regular Meeting of the City Council
October 16, 2007
Page 2
*Bills and Claims
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Solicitor's License - Trinity Restoration LTD
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Trinity Restoration LTD.
*Solicitor's License - Clean Action Water
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Clean Action Water.
*Gamblinq License Exemption and Waiver of Notice Requirement - Edina Realty
Foundation
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Edina
Realty Foundation.
*Gamblin� Premises Permit Renewal Application - Minnesota Youth Athletic Services
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 07-55
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL
FOR THE CONDUCT OF LAWFUL GAMBLING
(MINNESOTA YOUTH ATHLETIC SERVICES)
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.
Regular Meeting of the City Council
October 16, 2007
Page 3
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Human Services Foundation - September 10, 2007
Civil Service Commission - August 13, 2007
*Thank You Letter from Arlene and Dean Knutson Reqardinq Storm Cleanup
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the thank you letter from Arlene and Dean Knutson, dated October 3, 2007, regarding
storm cleanup.
*Thank You Email from Hugh Maynard and Faith Woodman Reqarding Storm
Cleanup
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the thank you letter from Hugh Maynard and Faith Woodman, dated October 3, 2007,
regarding storm cleanup.
*Email from Shep Harris Regardinq Resiqnation from Human Services Foundation
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the email from Shep Harris, dated October 10, 2007 regarding resignation from the
Human Services Foundation; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
*Letter from Cottle Properties Regardinq Special Assessment Appeal
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Cottle Properties, dated October 9, 2007, regarding special assessment
appeal.
Proclamation Supporting the Meadowbrook PTO Fall Festival & Communitv Walk
Council Member Pentel removed the item to highlight the event.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the
Proclamation Supporting the Meadowbrook PTO Fall Festival & Community Walk.
Regular Meeting of the City Council
October 16, 2007
Page 4
Residential Street Liqhtinq - RSL 235 - Harold Avenue North -Vallee D'Or
Townhomes -Waiver of Public Hearinq and Order Construction of Public
Improvement
Council Member Freiberg had questions regarding notification of the street lighting project
to property owners across the street from the project area.
Jeannine Clancy and Jeff Oliver, City Engineer, answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-56
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO
MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING
CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 235
HAROLD AVENUE NORTH, VALLEE D'OR TOWNHOMES
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: 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.
*Receipt of September 2007 General Fund Budqet Report and Capital Improvement
Plan Report
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the September 2007 General Fund Budget Report and September 2007 Capital
Improvement Plan Year-to-Date Report.
Public Hearinq - Ordinance #385 -Amendments to Section 11.60 Regardinq Official
Flood Zone Profile and Map
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 385, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendments to Section 11.60 Regarding Official Flood Zone Profile and Map
Jeff Oliver, City Engineer introduced the agenda item and answered questions from the
Council. Allen Barnard answered questions from the Council.
Regular Meeting of the City Council
October 16, 2007
Page 5
Public Hearinq - Ordinance #385 -Amendments to Section 11.60 Reqardinq Official
Flood Zone Profile and Map - Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #385, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearinq - Special Assessments - 2007 Golden Valley Road/Bridqe Drivewavs
6212 Golden Valley Road 07-57
Jeanine Clancy introduced the agenda item. Allen Barnard and Jeff Oliver, City Engineer,
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.
Gary Anderson, 6212 Golden Valley Road, distributed a chart with the number of
complexes in the city and how many units are within each complex; doesn't feel his triplex
should be considered like an apartment; feels it is should be considered like a duplex and
charged like a duplex; feels any units above eight should be considered multihousing and
that the policy should be changed.
The Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 07-57
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR MUNICIPAL STATE AID STREETS IN THE
2007 GOLDEN VALLEY ROAD/BRIDGE IMPROVEMENT AREA
6212 GOLDEN VALLEY ROAD
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
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.
-
Regular Meeting of the City Council
October 16, 2007
Page 6
Informal Public Hearinq - Appeal from Board of Zoninq Appeals Denial - David Zinn -
3329 Kvle Avenue North
Thomas Burt introduced the agenda item.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continue the
Informal Public Hearing to November 7, 2007, as requested by David Zinn, for
consideration of the Appeal from Board of Zoning Appeals denial submitted by David Zinn,
3329 Kyle Avenue North.
Continued Public Hearinq - Ordinance #382 - Chapter 11.21 Sinqle Family Zoninq
District (R-1), Infill Housing - Building Height 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.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to consider the
Ordinance at the November 13, 2007 Council/Manager meeting and request staff to
republish the legal notice when the item is considered at a future Council Meeting.
Continued Public Hearinq - General Land Use Plan Map Amendment - I-394 Corridor
Study Area 07-37
Mayor Loomis 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to consider the
Ordinance at the November 13, 2007 Council/Manager meeting and request staff to
republish the legal notice when the item is considered at a future Council Meeting.
The Council did not consider Resolution 07-37, 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.
Regular Meeting of the City Council
October 16, 2007
Page 7
Continued Public Hearinq - Comprehensive Plan General Land Use Chapter -
Adoption of I-394 Corridor Studv 07-38
Mayor Loomis 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to consider the
Ordinance at the November 13, 2007 Council/Manager meeting and request staff to
republish the legal notice when the item is considered at a future Council Meeting.
The Council did not consider Resolution 07-38, Resolution for Amendment to the
Comprehensive Plan's General Land Use Plan by Adopting the I-394 Corridor Study.
Call for Public Hearing - Issuance of Revenue Bond - Courage Center Facilitv
Thomas Burt introduced the agenda item.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to call for a
public hearing for November 7, 2007 at 7 pm for giving host approval to the issuance of a
Revenue Bond to finance a project for the Courage Center.
Commendinq Mutual Aid Agencies for Storm Damage Cleanup: Citv of North St.
Paul, City of Crystal, City of New Hope, Citv of Plymouth, City of St. Louis Park, City
of Minnetonka, Citv of Brooklvn Center, City of Brooklvn Par1c and Hennepin County
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-58
RESOLUTION COMMENDING THE CITY OF NORTH ST. PAUL
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Regular Meeting of the City Council
October 16, 2007
Page 8
Commending Mutual Aid Agencies for Storm Damage Cleanup: City of North St.
Paul, Citv of Crystal, City of New Hope, City of Plymouth, City of St. Louis Park, City
of Minnetonka, City of Brooklyn Center, City of Brooklyn Park and Hennepin County -
Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-59
RESOLUTION COMMENDING THE CITY OF CRYSTAL
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-60
RESOLUTION COMMENDING THE CITY OF NEW HJOPE
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-61
RESOLUTION COMMENDING THE CITY OF PLYMOUTH
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
Regular Meeting of the City Council
October 16, 2007
Page 9
Commendinq Mutual Aid Aqencies for Storm Damage Cleanup: City of North St.
Paul, Citv of Crystal, City of New Hope, Citv of Plymouth, City of St. Louis Park, City
of Minnetonka, City of Brooklvn Center, City of Brooklyn Park and Hennepin County-
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-62
RESOLUTION COMMENDING THE CITY OF ST. LOUIS PARK
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-63
RESOLUTION COMMENDING THE CITY OF MINNETONKA
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Regular Meeting of the City Council
October 16, 2007
Page 10
Commendinq Mutual Aid Aqencies for Storm Damaqe Cleanup: City of North St.
Paul, City of Crystal, Citv of New Hope, City of Plymouth, City of St. Louis Park, City
of Minnetonka, City of Brooklyn Center, City of Brooklyn Park and Hennepin County -
Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-64
RESOLUTION COMMENDING THE CITY OF BROOKLYN CENTER
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-65
RESOLUTION COMMENDING THE CITY OF BROOKLYN PARK
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 07-66
RESOLUTION COMMENDING HENNEPIN COUNTY
FOR THE TIMELY AND IMPORTANT ASSISTANCE GIVEN TO
THE CITY OF GOLDEN VALLEY IN RESPONSE TO SEPTEMBER 20, 2007 STORM
WHICH RESULTED IN HUNDEDS OF STORM DAMAGED TREES
Regular Meeting of the City Council
October 16, 2007
Page 11
Commendinq Mutual Aid Aqencies for Storm Damaqe Cleanup: Citv of North St.
Paul, Citv of Crvstal, Citv of New Hope, Citv of Plvmouth, Citv of St. Louis Park, City
of Minnetonka, Citv of Brooklyn Center, City of Brooklyn Park and Hennepin County-
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
A Bassett Creek Water Management Commission meeting will be held on October 18,
2007 at 11:30 am.
Some Council Members may attend the Meadowbrook PTO Fall Festival & Walk October
27, 2007 from 9 am to noon.
The City Election will be held on November 6, 2007 and polls are open from 7 am to 8 pm.
The Canvassing Board Meeting will be held on Wednesday, November 7, 2007 at 6:15 pm.
The next City Council meeting will be held on Wednesday, November 7, 2007 at 6:30 pm.
The Taste of the Golden Valley is November 8, 2007 from 5:30 pm to 8:30 pm at the
Golden Valley Country Club.
Mavor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8:33 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant