02-16-10 CC Minutes
Regular Meeting
of the
City Council
February 16, 2010
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 February 16, 2010 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.
Oath of Office - Police Officer Randy Mahlen
Stacy Altonen, Police Chief, introduced the newest Police Officer Randy Mahlen.
Mayor Loomis gave the oath of office to Police Officer Randy Mahlen.
The Council congratulated the Police Officer Mahlen.
Hennepin County Sheriff Rich Stanek
Stacy Altonen, Police Chief, introduced Hennepin County Sheriff Rich Stanek
Sheriff Stanek gave an overview of the Sheriff's Department and answered questions from
the Council. Brian Tollen, Commander of 911 Center, reviewed activities of the center and
answered questions from the Council.
The Council thanked Sheriff Stanek and Commander Tollen for their presentations.
Approval of Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of February 16, 2010 as amended. Removal of Authorization to Sign Agreement
with Short Elliott Hendrickson Inc. for Watermain Rehabilitation.
Approval of Consent Agenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of February 16, 2010 as submitted.
*Approval of Minutes - Special City Council Meeting - January 5,2010, City Council
Meeting - January 5, 2010, and Council/Manager Meeting - February 9, 2010
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
Special City Council Meeting of January 5, 2010, City Council Meeting of January 5, 2010,
and Council/Manager Meeting of February 9, 2010 as submitted.
Regular Meeting of the City Council
February 16, 2010
Page 2
* Approval of Check Reaister
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City bills as submitted.
*Rental Property Licenses
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by Staff.
*Gamblina License Exemption and Waiver of Notice Requirement. Open Arms of
Minnesota
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Open
Arms of Minnesota.
*Gamblina License Exemption and Waiver of Notice Requirement. Junior leaaue of
Minneapolis
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Junior
League of Minneapolis.
*Gamblina License Application to Conduct Excluded Binao . ladies Auxiliary to the
Veterans of Foreian Wars Post #7051
MOVED by Shaffer, seconded by Freiberg.and motion carried unanimously to approve the
gambling license application to conduct excluded bingo for Ladies Auxiliary to the Veterans
of Foreign Wars Post #7051.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Environmental Commission - November 23, 2009
Envision Connection Project Board of Directors - December 17, 2009
Joint Water Commission - October 7, 2009
Human Rights Commission - August 19, 2009
Open Space and Recreation Commission - November 23, 2009
Bassett Creek Watershed Management Commission - December 17, 2009
Regular Meeting of the City Council
February 16, 2010
Page 3
*Sidewalk Maintenance Tractor and Attachments - Quotes
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
purchase of one 2010 Bobcat Turbo Toolcat and attachments from the Minnesota
Materials Management Division Contract from Tri State Bobcat, Inc. for 454,767.71
* Adoption of Fleet Operation, Maintenance, and Replacement Policy and
EquipmentlVehicle Replacement Guidelines
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-12
RESOLUTION AUTHORIZING APPROVAL OF THE FLEET OPERATION,
MAINTENANCE, AND REPLACEMENT POLICY AND THE
EQUIPMENTNEHICLE REPLACEMENT GUIDELINES
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.
*Support for Funding Request by Five Cities Senior Transportation Proiect from
2010 Consolidated Pool - Urban Hennepin County Community Development Block
Grant Program
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-13
RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR
TRANSPORTATION PROJECT FROM 2010 CONSOLIDATED POOL - URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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
February 16, 2010
Page 4
*Authorization to Submit Community Development Block Grant Application for
Neighbors Helping Neighbors Loans and Grants
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-14
RESOLUTION APPROVING PROPOSED APPLICATION FOR 2010 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS
AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH
URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
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.
*Annual Election for 2010 Insurance Policy
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-15
RESOLUTION MAKING ANNUAL ELECTIONS
FOR THE 2010 INSURANCE POLICY
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.
*Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and
Highway 100 - Duke Realty, Applicant
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to to approve
an extension for submittal of the Final PUD Plan application and the Final Plat for The
Towers at West End, PUD No. 107 until August 27,2010, subject to the following
conditions:
1. Duke shall submit an additional cash deposit of $5,000 to cover legal and engineering
costs incurred by the City for consideration of the Preliminary Plan.
2. Duke will be financially responsible for road construction under TH100 and intersection
improvements on the east side of TH1 00 and traffic calming along the frontage road
east of TH1 00, to occur at the time building permits are applied for by Duke.
Regular Meeting of the City Council
February 16, 2010
Page 5
*Authorization to Sign Agreement with Short Elliott Hendrickson Inc. for Watermain
Rehabilitation
This item was removed from the agenda and will be discussed at the March
Council/Manager meeting.
*Authorization to Sign Agreement with Randolph Center, LLC d/b/a Firetec Apparatus
Sales to List and Market Fire Pumper and Miscellaneous Equipment
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
City Manager sign the Listing and Marketing Commission Agreement with Randolph
Center, LLC, Firetec Apparatus Sales to list and market the 1986 Ford fire pumper and
miscellaneous equipment for 10% of the sale price and/or minimum of $500.
*Authorization to Sign Sergeant Contract
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager sign the 2010 Sergeant agreement.
*Appointment of Weed Inspector
Mayor Loomis will appoint Josh Kunde as the Assistant Weed Inspector until January 4,
2011.
*First Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign
Permits and Regulations in 1-394 Mixed Use Zoning District
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 430, 2ND SERIES
Amending Section 4.20 Regarding Sign Permits and
Regulations in 1-394 Mixed Use Zoning District
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve on
First Consideration, Ordinance #430, 2nd Series. 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
February 16, 2010
Page 6
Public Hearing - Ordinance #431 - Approval of Conditional Use Permit 126 - 7575 Golden
Valley Road - Starboard Media Foundation, Applicant
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 431, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 126
7575 Golden Valley Road
Starboard Media Foundation Inc., Applicant
Brian Acker, Applicant, reviewed the application and answered questions from the Council.
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Thomas Burt answered questions from the Council. John Kluchka, presented
the Planning 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #431, 2nd Series, as amended: 3. Each satellite dish must not exceed four
meters in diameter. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearing - Ordinance #432 - Approval of Amended Conditional Use Permit
121, Amendment No.1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 432, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amended Conditional Use Permit Number 121, Amendment 1
9400 Golden Valley Road
RHT Office LLC, Applicant
Tony Vanelli, representing applicant, reviewed the application and answered questions
from the Council.
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. John Kluchka, presented the Planning Commission report.
Regular Meeting of the City Council
February 16, 2010
Page 7
Public Hearin~ - Ordinance #432 - Approval of Amended Conditional Use Permit 121,
Amendment No.1 - 9400 Golden Valley Road - RHT Office, LLC, Applicant -
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 Freiberg, seconded by Scanlon and motion carried unanimously to approve
Ordinance #432, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearin~ - Preliminary Plat Approval- 100 Brunswick Avenue North - Peter
Miller, Applicant
Peter Miller, Applicant, reviewed the application and answered questions from the Council.
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. John Kluchka, presented the Planning Commission report. Allen Barnard and
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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
preliminary plat for a minor subdivision for the property at 100 Brunswick Avenue North
subject to the following conditions:
1. The final plat of the minor subdivision shall be consistent with the preliminary plan
submitted with the subdivision application.
2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development, dated January 21, 2010, shall become a part of
this approval.
3. A park dedication fee shall be paid at time of final plat approval. The amount of the fee
shall be determined by the City Council.
4. The existing house must be removed prior to final plat approval by the City Council.
Regular Meeting of the City Council
February 16, 2010
Page 8
Public Hearing - Ordinance #433 - Amending Sections 11.03, 11.21 and 11.22
Regarding Garden Structure Requirements
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 433, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Sections 11.03, 11.21 and 11.22 Regarding Garden Structure Requirements
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. John Kluchka, presented the Planning Commission report. Allen Barnard
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 Shaffer, seconded by Freiberg and motion carried unanimously to approve
Ordinance #433, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Authorization to Sign Amended and Restated Joint and Cooperative Agreement for
Support for Metropolitan Council Environmental Services Interceptor 1-GV-461
Reliever Proiect 10-16
Jeannine Clancy introduced the agenda item.
Deborah Manning and Jeff Swartz, Metropolitan Council, were present to review the project
and answered questions from the Council.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-16
RESOLUTION OF SUPPORT FOR THE METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES INTERCEPTOR 1-GV-461 RELIEVER PROJECT
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.
Regular Meeting of the City Council
February 16, 2010
Page 9
Announcements of Meetings
A Bassett Creek Water Management Commission will be held on February 18, 2010 at
11 :30 am.
Some Council Members may attend the Metro Cities Shared Services Forum on February
22, 2010 from 8:30 to 10 am at the League of Minnesota Cities Offices.
Some Council Members may attend the Hopkins Community Education Diversity Forum -
Making the Case on February 23,2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
Some Council Members may attend the Paul Olson Retirement Party on February 23,
2010 at 9:30 am at the City Hall Lunchroom.
A Human Rights Commission Share the Dream Event, Tapestry on February 27,2010
from 2 to 4 pm at the Golden Valley Library.
The Golden Valley Historical Society Antique Road Show will be held on February 27,2010
at 1: 15 pm at Calvary.
Some Council Members may attend the Home Remodeling Fair on February 28, 2010 from
10:30 am to 3:30 pm at the Eisenhower Community Center.
The next City Council meeting is March 2, 2010 at 6:30 pm.
Some Council Members may attend the Hopkins Community Education Diversity Forum -
Race Disparities on March 2, 2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
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