12-16-08
Regular Meeting
of the
City Council
December 16, 2008
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 December 16, 2008 at 6:30 pm.
The following members were present: Freiberg, Loomis, Pentel and Shaffer and the
following was absent: Scanlon. Also present were: Thomas Burt, City Manager; Allen
Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Oath of Office - Police Officers Brandy Gile and Daniel Pacholke
Stacy Altonen, Police Chief, introduced the newest Police Officers, Brandy Gile and Daniel
Pacholke.
Mayor Loomis gave the oath of office to Police Officers Brandy Gile and Daniel Pacholke.
The Council congratulated the new Police Officers.
1-394 MnPASS Phase II Study Presentation
Lee Munich, Jr., Humphrey Institute of Public Affairs, University of Minnesota, made a
presentation regarding the 1-394 MnPASS Phase II Study.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of December 16, 2008 as submitted.
Approval of Consent Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
consent agenda of December 16, 2008 as amended: Removal of Approval of Minutes-
City Council Meeting - December 2, 2008 and Council/Manager Meeting - December 9,
2008.
Mayor Loomis asked if any citizen requested an item be removed from the agenda.
Chris Gise, 1485 Island Drive, requested Fireworks Permit - Sweeney Lake Association be
removed from the agenda.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes - City Council Meeting - December 2. 2008 and Council/Manager
Meeting - December 9. 2008
Council Member Shaffer stated he did not receive the minutes and requested they be
approved at the next City Council meeting.
Regular Meeting of the City Council
December 16,2008
Page 2
*Bills and Claims
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment 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.
*Citv Gambling Licenses
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley
VFW Post #7051, Minnesota Youth Athletic Services and The Church of St. Maron.
Fireworks Permit - Sweeney Lake Association
Chris Gise,1485 Island Drive, stated he is concerned about the fireworks display, the
launch site is directly across the lake from his property at the narrowest part of the lake;
stated in previous years the display has rained debris down on his property in the front and
backyard; debris such as cardboard, fuses, firework casings and has found firework
casings on the patio along with a scorch mark where it had fallen and burnt into the patio;
expressed his concern for safety; suggested the Sweeney Lake Association find an
alternate site to launch the fireworks and the city work with the Association to find an
alternate site; requested someone be present on his property from the Fire Department
during the display if the site is not relocated and also inspect his property the day after the
display to see the debris and stated the Association does not have his consent to deposit
debris on his property.
Mark Kuhnly, Chief of Inspections and Fire Services, and Allen Barnard, answered
questions from the Council.
Mick Lee, 1900 Major Drive, Sweeney Lake Homeowners Association; reviewed the
request and answered questions from the Council.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
fireworks display permit for the Sweeney Lake Association.
The Fire Department will have staff on duty at the fireworks launch site and Mr. Gise
property.
Regular Meeting of the City Council
December 16,2008
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:
Planning Commission - November 24, 2008
Human Rights Commission - October 16, 2008
Board of Zoning Appeals - October 28, 2008
Bassett Creek Water Management Commission - October 16, 2008
*Letter from Ben and Anita Kramer Reaardina Overhead Street Liahtina Reauest
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Anita and Ben Kramer, dated October 31, 2008, regarding street lighting
on Laurel Avenue and the Laurel Avenue Greenway and direct staff to place it on the
January 13, 2009 Council/Manager meeting agenda.
*Trimmina/Removal of Trees on Public/Private Property - Bids
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid
for trimming and removal of trees on public and private property to the lowest responsible
bidder, Tim's Tree Service for $61,575.89. The bids are as follows:
Tim's Tree Service
Davey Tree Service
$61,575.89
$94,266.40
*Approval of the 2009-2013 Capital Improvement Proaram and Adopt Budaets for
2009 Capital Improvement Proaram for Vehicles and Eauipment, Buildinas and Parks
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-57
RESOLUTION ADOPTING THE 2008 BUDGETS OF THE EQUIPMENT REPLACEMENT,
BUILDING AND PARK IMPROVEMENT CAPITAL PROJECT FUNDS
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 and Shaffer; and the following was absent: Scanlon; 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
December 16, 2008
Page 4
*Adoption of 2009 Budaets - Water and Sewer Utility, Brookview Golf, Motor Vehicle
Licensina, Conservation/Recyclina, Storm Sewer Utility, Human Services Foundation
and Vehicle Maintenance Funds
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-58
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE WATER AND SEWER UTIL ITY FUND
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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-59
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE BROOKVIEW GOLF FUND
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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-60
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE MOTOR VEHICLE LICENSING FUND
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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-61
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE CONSERVATION/RECYCLING FUND
Regular Meeting of the City Council
December 16, 2008
Page 5
*Adoption of 2009 Budaets - Water and Sewer Utility, Brookview Golf, Motor Vehicle
Licensina, Conservation/Recvclina, Storm Sewer Utility, Human Services Foundation
and Vehicle Maintenance Funds - 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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-62
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE STORM SEWER UTILITY FUND
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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-63
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE HUMAN SERVICES FOUNDATION
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 and Shaffer; and the following was absent: Scanlon; 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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-64
RESOLUTION ADOPTING THE 2009 BUDGET
OF THE VEHICLE MAINTENANCE FUND
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 and Shaffer; and the following was absent: Scanlon; 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
December 16, 2008
Page 6
*Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08~65
RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS
AND OTHER MISCELLANEOUS DONATIONS
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 and Shaffer; and the following was absent: Scanlon; 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.
Approval of Plat - Quail Woods Addition
Council Member Freiberg had questions about the condition regarding any future variances
to the property. Allen Barnard answered question from the Council.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 08-54
RESOLUTION FOR APPROVAL OF PLAT - QUAIL WOODS ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel
and Shaffer; and the following was absent: Scanlon; and the following voted against the
same: Freiberg, 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 Pentel and motion carried to approve the Subdivision
Development Agreement and authorize the Mayor and City Manager to execute it on behalf
of the City. Council Member Freiberg voted no.
*Approval of the Amendment and Res1atement of the Cafeteria Plan
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08~66
RESOLUTION AMENDING AND RESTATING THE CAFETERIA PLAN
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 and Shaffer; and the following was absent: Scanlon; 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
December 16, 2008
Page 7
*Amending the Health Reimbursement Arrangement and Establishing a Voluntary
Employee Beneficiary Association (HRA VEBA) Benefit for Employees
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-67
RESOLUTION AMENDING THE HEALTH REIMBUSEMENT ARRANGEMENT
AND AUTHORIZING THE ESTABLISHMENT OF A VOLUNTARY EMPLOYEE
BENEFICIARY ASSOCIATION (UHRA VEBA") PLAN
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 and Shaffer; and the following was absent: Scanlon; 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.
* Amendment to Fire Relief Association Funeral Benefits
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-68
RESOLUTION ADOPTING SPECIAL LEGISLATION OF THE
STATE OF MINNESOTA LEGISLATURE PROVIDING FOR
REPEAL OF THE FUNERAL BENEFIT PROVIDED MEMBERS
OF THE FIRE RELIEF ASSOCIATION
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 and Shaffer; and the following was absent: Scanlon; and the following
voted against the same: none, whereupon said resolution was declared duly passed and
a.dopted, signed by the Mayor and her signature attested by the City Clerk.
*Approval of One Year Extension for Filing of Plat - Lots 11 & 12. Block 3. Glen Urban
2nd Addition (Janalyn Circle and Glencrest Road)
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an
extension until July 14, 2009 to submit the final plat for Lots 11 & 12, Block 3, Glenurban
2nd Addition.
Public Hearing - Adoption of 2009 Property Tax Levy. General Fund Budget
Sue Virnig, Finance Director, presented the 2009 Budget and answered questions from the
Council.
Regular Meeting of the City Council
December 16,2008
Page 8
Public Hearing - Adoption of 2009 Property Tax Levy, General Fund Budget-
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 Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 08-69
RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA
AUTHORIZING A LEVY FOR 2009
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 and Shaffer; and the following was absent: Scanlon; 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 08-70
RESOLUTION ADOPTING THE 20098 BUDGET
OF THE GENERAL FUND
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 and Shaffer; and the following was absent: Scanlon; 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.
Continued Public Hearing - Ordinance #410 - Rezoning from Single Family Zoning
District (R-1) to Moderate Density Residential Zoning District (R-2) - 3335 Scott
Avenue North
The following ordinance was MOVED by Shaffer, seconded by Pentel:
ORDINANCE NO. 410, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Single Family Zoning District (R-1)
to Moderate Density Residential Zoning District (R-2)
3335 Scott Avenue North
Charmain Wahlstrom Schodde, Applicant
Regular Meeting of the City Council
December 16, 2008
Page 9
Continued Public Hearing - Ordinance #410 - Rezoning from Single Familv Zoning
District (R-1) to Moderate Density Residential Zoning District (R-2) - 3335 Scott
Avenue North - Continued
Mark Grimes, Director of Planning and Development, introduced the item and answered
questions from the Council. Allen Barnard answered questions from the Council.
Charmaine and Dave Schodde, Applicant, reviewed the item and answered question 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
John Johnston, 3336 Scott Avenue North, stated that he went to the Planning Commission
meeting and thought that since they denied the request it would not go forward; feels that
in the future this property will be for sale as a duplex with an absentee landlord; stated the
neighborhood has had problems with absentee landlords in the past; stated the previous
owners used it as a single family home; and feels that more work was being done on the
home than just mold abatement.
Shirley Blade, 3335 Scott Avenue North, stated the previous owner converted the home to
a single family home, expressed concern that this would be spot zoning; feels that if you
spot rezone this property and it goes back to R-2 zoning the neighborhood would be
targeted for group homes; if it is a group home more people would be living in the home;
stated since the streets have been redone they put extensive money into bringing their
home up to code; wants to keep the property values as high as they can; wanted to know if
her huge lot could be rezoned for a multi-use building; and suggested the Council follow
the Planning Commission recommendation.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to deny
Ordinance #410, rezoning from Single Family Zoning District (R-1) to Moderate Density
Residential Zoning District (R-2) for 3335 Scott Avenue North, based on the following
findings and determinations: 1) the current zoning of the area is R-1, 2) the home was
altered to meet that zoning district; and 3) it constitutes spot zoning because the entire
area was rezoned to the Single Family Zoning District.
Second Consideration - Ordinance #411 - Establishing a 2009 Master Fee Schedule
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 411, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing a 2009 Master Fee Schedule
Regular Meeting of the City Council
December 16,2008
Page 10
Second Consideration - Ordinance #411 - Establishin~ a 2009 Master Fee Schedule-
Continued
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on
Second Consideration, Ordinance #411, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - ABSENT SHAFFER - YES
Continued Item - Call for Public Hearin~ .. Establishina a Franchise Fee with Northern
States Power d/b/a Xcel Eneray - 1/6/09
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-56
RESOLUTION PROVIDING FOR PUBLIC HEARINGS TO CONSIDER
AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM
NORTHERN STATES POWER, d/b/a XCEL ENERGY, FOR PROVIDING
ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY
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 and Shaffer; and the following was absent: Scanlon; 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.
Approval of 2009 General Waaes, Salaries, Monthly Benefit Contribution, Additional
Floatina Holiday and Standard Milea~e Rate for Non-Union Personnel
Paula Graff, HR Coordinator, introduced the agenda item and answered questions from the
Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-71
RESOLUTION ESTABLISHING 20098 GENERAL WAGES, SALARIES, AND
MONTHLY BENEFIT CONTRIBUTION FOR ALL NON-UNION PERSONNEL
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 and Shaffer; and the following was absent: Scanlon; 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
December 16, 2008
Page 11
Announcements of Meetings
Some Council Members may attend the Board of Zoning Appeals/Planning Commission
Holiday Party on December 17,2008 at 7 pm at the Brookview Grill.
The next Bassett Creek Water Management Commission will be held on December 18,
2008 at 11 :30 am.
The City Offices are closed on Wednesday, December 24, 2008 and Thursday, December
25, 2008 in observance of Christmas.
The City Offices are closed on Thursday, January 1,2009 in observance of New Year's.
The next City Council meeting will be held on January 6, 2009 at 6:30 pm.
Mavor and Council Communications
NQ action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 7:52 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant