07-05-06 CC MinutesRegular Meeting
of the
City Council
July 5, 2006
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 5, 2006 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.
Update from City of St. Louis Park on Alternative Urban Areawide Review (AUAR) -
Duke Realty Property - Southwest Corner of Highways 394 and 100
City of St. Louis Park Community Development Director Kevin Locke and City Planner Meg
McMonigall reviewed the environmental review process (AUAR) recently approved by the
St. Louis Park City Council and answered questions from the Council. Darryle Henry and
Pat Macia, Duke Realty reviewed their plans for the redevelopment of the area and
answered questions from the Council. Thomas Burt answered questions from the Council.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of July 5, 2006 as amended: Change date for Approval of Minutes from June 6 to
June 20, 2006.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
consent agenda of July 5, 2006 as submitted.
*Approval of Minutes - City Council Meeting - June 20, 2006
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
City Council meeting minutes of June 20, 2006 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 5, 2006
Page 2
*Solicitor's License - Susan Westmoreland Books
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Susan Westmoreland Books.
*Solicitor's License - Ting Fen Yang for Southwestern Company
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Ting Fen Yang for Southwestern Company.
*Solicitor's License - Apx Alarm Security Solutions, Inc.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Apx Alarm Security Solutions, Inc.
Minutes of Boards and Commissions - Deer Task Force
Council Member Pentel complimented staff on the minutes.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the Deer Task Force minutes dated May 15, 2006.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Open Space and Recreation Commission - May 22, 2006
Board of Zoning Appeals - May 23, 2006
Environmental Commission - April 24 and May 22, 2006
Envision Connection Project Board of Directors - April 27 and May 25, 2006
Civil Service Commission - February 6, 2006
Election Task Force - April 24 and May 22, 2006
Planning Commission - June 16, 2006
*Quotes - Mini Mobile Interrogator
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase a
mini mobile interrogator from the lowest responsible bidder Hydro Metering Technology for
$27,684.68. The quotes were as follows:
Hydro Metering Technology $27,684.68
Minnesota Pipe & Equipment 27,860.40
Regular Meeting of the City Council
July 5, 2006
Page 3
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
*Authorization to Sign Flood Hazard Mitigation Grant Agreement with DNR for 2605
and 2665 Scott Avenue North and Send Funding Thank You Letters
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING FLOOD HAZARD MITIGATION
GRANT AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY
AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
2605 AND 2665 SCOTT AVENUE NORTH
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.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor to send a letter to State Senators Kelley and Rest and Representatives Latz and
Carlson acknowledging their efforts in assisting the City in obtaining the flood hazard
mitigation funds.
*Deer Task Force Appointment
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to appoint Jerry
Sandler to the Deer Task Force.
Public Hearing - Preliminary Plat Approval - 4243 and 4253 Glenwood Avenue
Karen Woyak, Tyrol Hills Land Trust, reviewed the plan and answered questions from the
Council.
Don Keysser, Planning Commissioner, presented the Commission report and answered
questions from the Council.
Jeannine Clancy presented the staff report and answered questions from the Council.
Thomas Burt 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
July 5, 2006
Page 4
Public Hearing - Preliminary Plat Approval - 4243 and 4253 Glenwood Avenue -
Continued
Marcia Fluer, 225 Janalyn Circle, representing the Golden Valley Citizens for
Neighborhood Compatibility Committee ("McCitizens" Committee), stated they oppose the
variance because it is making a buildable lot in the neighborhood even larger, expressed
concern about flooding on lower Janalyn Circle, feels building a house on Glenwood that
backs up to Janalyn Pond will add water to the pond after every rainfall, understands that
water will be directed away from the pond into the storm system but feels the pond will be
effected; stated they fear that the larger lot will have a large house built on it
("McMansion"); feels the trends for "McMansions" is a national and local issue; stated the
committee is circulating a petition asking the Council to study the current building codes
and get public input through surveys and public hearings and remedy the building codes;
they will be submitting a petition to the Council at a later date; stated they appreciate the
ordinances to upkeep the housing stock but suggested enhancing ordinances to prevent
redevelopment of the neighborhoods that change the character of the neighborhood and
quality of life for the area; asked the council to deny the variance and study the
"McMansion" issue and building codes.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried to approve the preliminary plat
of the minor subdivision of properties at 4243 and 4253 Glenwood Avenue (Lots 1 and 6,
Block 1, Birchbanks Addition to Glenurban) subject to the following conditions:
1. The recommendations of City Engineer Jeff Oliver as found in his memo dated June 8,
2006 shall become a part of this approval.
2. The recommendations of the Director of Planning and Development to the Planning
Commission as found in his memo dated June 6, 2006 shall become a part of this
approval.
Council Member Freiberg and Scanlon voted no.
Public Hearing - Preliminary Plat Approval - 621 Turners Crossroad South
Yele Akinsanya, Applicant, and Larry Marofsky, Attorney, reviewed the plan and answered
questions from the Council.
Don Keysser, Planning Commissioner, presented the Commission report and answered
questions from the Council
Jeannine Clancy presented the staff report and answered questions from the Council.
Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
July 5, 2006
Page 5
Public Hearing - Preliminary Plat Approval - 621 Turners Crossroad South -
Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Brittney Hanson, 701 Turners Crossroad South, stated her main concerns is with grading
and the drainage on the property; wanted to know more information about rain gardens,
concerned about mosquitoes in the rain gardens; stated she read that rain gardens don't
work well in cold weather; stated the lots to the north has standing water in it almost every
spring from melting snow; wanted a guaranty that a serious water problem won't be
created by a larger home being built; don't have a problem with "McMansion's"; wanted to
know how will their water drain with a berm on the new lot; wanted to know if the water will
pool in their backyard; had questions about the trees that were cut down and presented a
copy of an email she sent to the Council.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Pentel and motion carried to approve the preliminary plat
of the minor subdivision of the property at 621 Turners Crossroad subject to the following
conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The Certificate of Survey prepared by Kemper and Associates for Yele Akinsanya and
dated May 19, 2006 shall become a part of this approval.
3. The recommendations of City Engineer Jeff Oliver, PE, found in the memo to Mark
Grimes and dated April 17, 2006 and June 9, 2006, shall become a part of this
approval. Additional information requested by the City Engineer shall be submitted to
the City Engineer for his review at least three weeks prior to the date it is placed on the
City Council agenda for final plat approval.
4. A park dedication fee in an amount determined by the City Council shall be assessed
at the time of final plat approval.
5. The applicant will continue discussions with the City Engineer regarding the overflow
issues with the proposed rain garden to make sure it will not adversely affect other
property owners.
Council Member Freiberg voted no.
Public Hearing - Comprehensive Plan Amendment - Addition of Mixed Use Definition
to the General Land Use Plan
Don Keysser, Planning Commission, presented the Commission and staff report and
answered questions from the Council. Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
July 5, 2006
Page 6
Public Hearing - Comprehensive Plan Amendment - Addition of Mixed Use Definition
to the General Land Use Plan - 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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 06-42
RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S
GENERAL LAND USE PLAN BY ADDING A MIXED USE DEFINITION
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.
Wine On Sale and Strong Beer License - The Noodle Shop Company - Colorado, Inc.
d/b/a Noodles & Company
Bob Hernz, Director of Public Safety, introduced the agenda item and answered questions
from the Council
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
issuance of an On Sale Wine and Strong Beer liquor license to The Noodle Shop
Company - Colorado, Inc. dba Noodles & Company.
Representatives from The Noodle Shop Company distributed menus to the Council.
Call for Public Hearing - Issuance of Revenue Bonds for Multifamily Rental Housing
Development - Calvary Center Project - 8/2/06
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION CALLING A PUBLIC HEARING REGARDING THE
ISSUANCE OF REVENUE BONDS FOR THE ACQUISITION OF AN
AFFORDABLE MULTIFAMILY RENTAL HOUSING DEVELOPMENT UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED
Regular Meeting of the City Council
July 5, 2006
Page 7
Call for Public Hearing - Issuance of Revenue Bonds for Multifamily Rental Housing
Development - Calvary Center Project - 8/2/06 - 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.
Call for Public Hearing - Drainage, Utility and Flood Control Easement Vacation -
2735 Scott Avenue North and 2505 Regent Avenue North - 7/18/06
Jeanine Clancy introduced the agenda item and answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 06-45
RESOLUTION ESTABLISHING A PUBLIC HEARING ON JULY 18, 2006 TO
CONSIDER VACATION OF DRAINAGE, UTILITY AND FLOOD CONTROL
EASEMENTS AT 2735 SCOTT AVENUE NORTH AND 2505 REGENT AVENUE NORTH
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
The next Housing and Redevelopment Authority Meeting will be held on July 11, 2006 at
6:30 pm followed by a Council/Manager meeting.
Some Council Members may attend the Deer Task Force Public Information Meeting on
July 13, 2006 at 7 pm at Brookview Community Center.
A Joint City Council/Planning Commission will be held on July 17, 2006 at 6:30 pm.
A Joint Water Governance Task Force meeting will be held on July 19, 2006 at 4 pm.
The next Bassett Creek Water Management Commission will be held on July 20, 2006 at
11:30 am.
The City Council will hold a City Council Social on July 20, 2006 at Schuller's Tavern from
6 to 9 pm.
Regular Meeting of the City Council
July 5, 2006
Page 8
Announcements of Meetings - Continued
National Night Out celebrations will be held throughout the evening on Tuesday, August 1,
2006.
The next City Council meeting will be held on Wednesday, August 2, 2006 at 6:30 pm.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8:32 pm.
Linda R. Loomis, Mayor
ATTEST:
Jpdy Nally,,{'Administratiyf Assistant