11-07-07 CC Minutes unsigned Regular Meeting
of the
City Council
November 7, 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 November 7, 2007 at 6:30 pm.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Approval of Aqenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of November 7, 2007 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of November 7, 2007 as amended: Removal of Minutes of Boards and
Commissions - Bassett Creek Water Management Commission - September 6 and 20,
2007; and First Consideration - Ordinance #386 - Amended Section 4.60 Regarding
Licensing of Rental Dwellings.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes: City Council Meetinq - October 2, 2007
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City Council meeting minutes of October 2, 2007 as submitted.
*Bills and Claims
MOVED by Pentel, seconded by Shaffer 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
November 7, 2007
Page 2
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - September 25, 2007
Building Board of Review - April 2, 2007
Planning Commission - August 27, 2007
Open Space and Recreation Commission - August 25, 2007
Joint Planning Commission, Environmental Commission and Open Space and Recreation
Commission - August 27, 2007
Minutes of Boards and Commissions - Bassett Creek Water Manaqement
Commission - September 6 and 20, 2007
Mayor Loomis updated the Council on recent Commission discussions and action.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the September 6 and 20, 2007 Bassett Creek Water Management Commission
minutes.
*Quotes - Pump House Repairs
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
pump house repairs from the lowest responsible bidder, Wuensch Construction for
$26,459.
Wuensch Construction $26,459
Ebert, Inc. 26,800
*Letter from Heather Kehn Reqardinq Resiqnation from Northwest Hennepin Human
Services Advisorv Commission
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Heather Kehn, dated October 21, 2007 regarding resignation from the
Northwest Hennepin Human Services Advisory Commission; and request the Mayor send
her a letter of appreciation in recognition for her service to the community.
*Authorization to Siqn Aqreement with Barr Engineerinq for Pond Sedimentation
Review and Cleaninq Proqram Reports
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an
agreement with Barr Engineering to prepare Pond Sedimentation Review and Cleaning
Program Reports.
Regular Meeting of the City Council
November 7, 2007
Page 3
*Set Date for Hearinqs - 2008 Proposed Budqet and Propertv Tax Levy
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set the date of
the official public hearing for Monday, December 3 at 6:30 pm and the reconvened hearing
on Monday, December 10 at 6:30 pm for consideration of the 2008 Proposed Budget and
2008 Tax Levy.
First Consideration - Ordinance #386 - Licensing of Rental Dwellinqs
The following ordinance was MOVED by Freiberg, seconded by Shaffer:
ORDINANCE NO. 386, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 4.60 Regarding Licensing of Rental Dwellings
Council Member Freiberg requested staff provide an underlined and overscored version of
the amendments and had questions about on/off street parking regulations.
Joe Hogeboom, Planning Intern, and Thomas Burt answered questions from the Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve
Ordinance #386, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
*Financinq the 2008-2009 Pavement Manaqement Proqram and Establishinq
Compliance with Reimbursement Bond Requlations
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 07-67
RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2008-2009
ROAD CONSTRUCTION PROGRAM; ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
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
November 7, 2007
Page 4
*Approval of Extension of Variances for Golden Valley Historical Society
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
extension of variances granted by the Board of Zoning Appeals on October 24, 2006 for
one year beginning on November 11, 2007.
Public Hearinq - Issuance of Revenue Bond - Couraqe Center Facility
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Sue Johnson, Courage Center Chief Financial Officer, 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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 07-68
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A
REVENUE BOND TO FINANCE A PROJECT FOR COURAGE CENTER
ND LOCATED IN THE CITY OF GOLDEN VALLEY, UNDER
MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165
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.
Public Hearinq - Ordinance #387 - Final Plan Approval - PUD #67 -Westwood Lake
Office Park - Amendment#2
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 387, 2ND SERIES
Approval of Amendment to Final Plan of Development
Westwood Lake Office Park, P.U.D. No. 67, Amendment No. 2
Bigos Management, Inc., Applicant
Mark Grimes, Director of Planning and Development, introduced the agenda item,
presented the Planning Commission report and answered questions from the Council. Jeff
Oliver, City Engineer answered questions from the Council.
Regular Meeting of the City Council
November 7, 2007
Page 5
Public Hearinq - Ordinance #387 - Final Plan Approval - PUD #67 - Westwood Lake
Office Park - Amendment#2 - 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 #387, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Continued Informal Public Hearinq - Appeal from Board of Zoninq Appeals Denial -
David Zinn - 3329 Kvle Avenue North
David Zinn, 3329 Kyle Avenue North, reviewed the Board of Zoning Appeals denial and his
reasons for his appeal 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.
Donald Roehl, 3333 Kyle Avenue North, showed views of the proposed garage from his
house ,which will block his view; stated the property owner removed the driveway that was
put in and now it is dirt; feels the garage should be put in the backyard; stated his current
garage has storage and if he built the garage in the backyard he could add more storage
under the garage; thinks it would look better in the backyard.
Sid Sehlin, 3332 Kyle Avenue North, stated most of the homes in the neighborhood are
older with single car garages with smaller lots; when you purchase a home you buy into the
neighborhood; stated the view from his home will be affected by the garage; stated the
garage will be tall and change the character of the neighborhood
David Nesbit, 3325 Kyle Avenue North, stated the setback of homes sets the mood of the
neighborhood and the city; he likes to be able to look down his street and see his children
playing; if the garage is built he would be concerned over the safety of his and other
children; stated he added an addition on to the back of his house when he knew if he
added on the front of his house it would be cheaper but he wanted to maintain the setback
and maintain the character of the neighborhood; feels some of the drainage issues are
caused by the homeowner raising the ground level, feels he could put the garage in the
backyard; stated he doesn't want to see the new garage and doesn't want to see his cars
parked in front of a the new garage.
Dennis Dienst, 3235 Kyle Avenue North, stated he feels that if the sight lines are done well
it will be aesthetically pleasing, feels that a single car garage is a hardship and that the
property owner has a reasonable solution.
Regular Meeting of the City Council
November 7, 2007
Page 6
Continued Informal Public Hearinq - Appeal from Board of Zoninq Appeals Denial -
David Zinn - 3329 Kvle Avenue North - Continued
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously that the City
Council deny the appeal and reaffirm the action of the Board of Zoning Appeals of August
28, 2007; based on the following findings: other alternatives for a garage are available,
such as a tandem garage to the rear of the property; detached garage, petition for a side
yard variance; financial considerations are not considered a hardship and the addition of a
garage going 16 feet into the front yard will change the character of the neighborhood.
Announcements of Meetings
The Taste of the Golden Valley is November 8, 2007 from 5:30 pm to 8:30 pm at the
Golden Valley Country Club.
The City Offices are closed on Monday, November 11, 2007 in observance of Veteran's
Day.
The Council will conduct board/commission interviews on November 13, 2007 from 5:30
pm to 6:30 pm.
The next Council/Manager meeting is November 13, 2007 at 6:30 pm.
A Bassett Creek Water Management Commission meeting will be held on November 15,
2007 at 11:30 am.
The Council will conduct board/commission interviews on November 20, 2007 from 5 pm to
6:30 pm.
The next City Council meeting will be held on November 20, 2007 at 6:30 pm.
The City Offices are closed on Thursday, November 22, 2007 and Friday, November 23,
2007 in observance of Thanksgiving.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 8 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant