03-16-10 CC Minutes
Regular Meeting
of the
City Council
March 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 March 2, 2010 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.
Recognition of Robbinsdale School District Lego League - First Place Win - State
Lego League Tournament
Joe Hogeboom, City Planner, introduced the agenda item.
Lynnea Williams, Adviser, reviewed the League requirements. Ben Gallup introduced the
members in attendance.
Mayor Loomis presented a Certificate of Recognition and city pin to Ben Gallup, Amelia
Huesinkveld, Garrett Williams Isaac Griffin-Wiesner. Jesse Spaulding was unable to
attend.
Approval of Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of March 16, 2010 as amended: change Precious Metal Dealer License address to
678 Winnetka Avenue North, Addition of Letter from William Lines and Terri Haarstad
Regarding 3rd Lair Skate Park and Executive Session - Stephen and Andrea Dargi
Lawsuit.
Approval of Consent Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 16, 2010 as amended: removal of Gambling License Exemption and
Waiver of Notice Requirement - Northwest Suburban Optimist Club and addition of Letter
from William Lines and Terri Haarstad Regarding 3rd Lair Skate Park.
*Approval of Minutes - City Council Meeting - March 2, 2010 and Council/Manager
Meeting - March 9, 2010
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of March 2, 2010 and Council/Manager Meeting of March 9,
2010 as submitted.
Regular Meeting of the City Council
March 16, 2010
Page 2
*Approval of Check Registers
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Golden Valley
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
Rotary Club of Golden Valley.
Gambling License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
Council Member Pentel encouraged the public to attend the Northwest Suburban Optimist
Club and Rotary Club of Golden Valley events scheduled this spring.
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
Northwest Suburban Optimist Club.
*Solicitor's License - Domestic Business Promotions, Inc.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Domestic Business Promotions, Inc.
*Rental Property Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Human Services Foundation - January 11, 2010
Joint Water Commission - January 13, 2010
Open Space and Recreation Commission - January 25, 2010
Regular Meeting of the City Council
March 16,2010
Page 3
*SQuad Cars - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase,
through the State of Minnesota Squad Contract, a Ford Crown Victoria from Elk River Ford
for $21,910.32 and a Dodge Charger from Dodge of Burnsville for $21,293.
*Pavement Cutter/Router - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one
2010 Crafco Model 200 pavement cutter/router from Brock White Co., LLC, through the
Minnesota Materials Management Division for $12,943.43, including sales tax.
*Green/Tee Mower - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one
new green/tee mower from MTI Distributing, through the State Material Management
Division Contract for $29,168.83, including sales tax.
*Receipt of February 2010 General Fund Budaet Report
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the February 2010 General Fund Budget Report.
Bassett Creek Main Stem Stream Bank Stabilization Proiect; Aareement with Bassett
Creek Watershed Manaaement Commission and Joint and Cooperative Aareement
with City of Crystal
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the Cooperative Agreement for Stream Bank Restoration
on the Main Stem of Bassett Creek with the Bassett Creek Watershed Management
Commission.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manger to sign the Joint and Cooperative Agreement for Stream Bank
Restoration on the Main Stem of Bassett Creek with the City of Crystal.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the agreement with WSB & Associates, Inc. for the
engineering work needed to complete the project for $84,696.
Regular Meeting of the City Council
March 16, 2010
Page 4
*Authorizing Transfer from General Fund to Street Debt Service Fund
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-18
RESOLUTION AUTHORIZING THE TRANSFER OF $500,000 FROM THE
GENERAL FUND TO THE STREET DEBT SERVICE FUND ($500,000)
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.
*Authorizing Submittal of a Grant Application to the Office of the Secretary of State
for an Automatic Door Opener for Two Polling Places
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-19
RESOLUTION AUTHORIZING THE CITY OF GOLDEN VALLEY SUBMITTAL OF A
GRANT APPLICATION TO THE OFFICE OF THE MINNESOTA SECRETARY OF STATE
FOR AN AUTOMATIC DOOR OPENER FOR TWO POLLING PLACES
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.
*Support for Community Access Preservation Act
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-20
RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA STATING
SUPPORT FOR THE COMMUNITY ACCESS PRESERVATION ACT (HR 3745)
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
March 16, 2010
Page 5
*Letter from William Lines and Terri Haarstad Regarding 3rd Lair Skate Park
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the letter from William Lines, dated March 9, 2010; and Terri Haarstad, dated March
15, 2010 regarding 3rd Lair Skate Park.
Public Hearing - Precious Metal Dealer License - Jewelry Manufacturer's Exchange
Inc. - 678 Winnetka Avenue North
Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the
Council.
Cathy Przybylski, Manager, reviewed the request 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 Freiberg, seconded by Scanlon and motion carried unanimously to approve the
Precious Metal Dealer License for Jewelry Manufacturer's Exchange Inc. located at 678
Winnetka Avenue North.
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 434, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amended Conditional Use Permit No. 95, Amendment No.1
850 Florida Avenue South
Mark Muller (3rd Lair Skate Park), Applicant
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Thomas Burt and Allen Barnard answered questions from the Council. Stacy
Altonen, Police Chief, reviewed her objections for approval of the Amended Conditional
Use Permit.
Cathy Waldhauser, Planning Commission, presented the Commission report and
answered questions from the Council.
Regular Meeting of the City Council
March 16,2010
Page 6
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd lair Skate Park,
Applicant - Continued
Mark Muller, Applicant, reviewed the application and answered questions from the Council.
Matt Parrish and Mark Rodriquez, business partners, 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.
Mark Rodriquez, business partner, stated he grew up going to the skate park, worked their
part-time during college and eventually got a management position and became a
business partner; feels they were not dishonest as their web site stated they were open
until 11 pm and have done "all-nighter" events during the past 7 years; stated staff and the
police department knew they were open; when it was brought to their attention that they
were breaking the rules they stopped staying open after hours; they then inquired about the
process to allow them to operate later and filled out the application; if they are not allowed
to be open and hold events it will break their business; they are a struggling business and
have taken measures to make changes; they now understand they made mistakes and
asked the Council allow them to continue to operate.
Ben Haarstad, distributed a copy of a letter, stated the owners are nice people; Mark Muller
mentored him and he learned a lot about skate parks and owning a business.
Laura Brandis, stated her son has been skating there for about 3 years; he has made
friends, is well accepted, improved his skating skills; feel they operate a safe facility, zero
tolerance for crime, drugs and alcohol; stated he has participated in "all nighters" and feels
the Council should honor their request.
Shaun Vanvark, stated he comes from out of town to the skate park, stated other skate
parks have failed, he almost invested in a skate park but he saw how well 3rd Lair was run
and decided against investing in one, feels they have good operating knowledge of the
business, they generate business for the area, they give something back to the community,
they come up with new retail and business ideas to attract new customers; they hold skate
camps in other cities around the state, including the state fair and regional and national
events; feels if they are closed a number of businesses will lose revenue because people
spend money when they attend events; stated his son worked for 3rd Lair, they develop
employees and they learn about running a business; they give kids a positive environment
where they can develop friends; and feels if they are in business the city doesn't have to
provide for skate parks.
Regular Meeting of the City Council
March 16,2010
Page 7
Public Hearina - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant - Continued
Rhonda Vanvark, stated they have 2 boys, feels 3rd Lair is very safe, fun and well
managed; stated they have gone to other public non-supervised parks where it is not as
safe, at non-supervised parks they have had experience with fire in garbage cans, spray
painted and vandalized equipment, bullying, fireworks, drugs and alcohol problems in
public areas; feels 3rd Lair is clean outside and they pick up the garbage left by fast food
restaurants in the area; the restrooms are cleaned routinely; other skate parks have closed
in their area; feels police will be called when you are at any type of skating park; feels that
an outdoor park and "all-nighters" are a viable part of 3rd Lair so they can get the revenue
from them and that will allow them to stay in business.
Renee Seltzer, has 2 children and considers going to 3rd Lair their recreation time; stated
she is a probation officer and is very guarded about who has access to her children, stated
she has spent a lot of time at 3rd Lair when her children are there and feels they have
good staff and keep the young kids in their radar, supporting them, feels they have a
supportive, healthy environment for kids, they keep them in line, redirect them when they
use bad language and how they treat the other skaters; has been their during emergencies
and sees how they handle them; feels they need to get the revenue from later hours and
"all-night" events in order to stay in business, stated they put up a gate around the outdoor
skate park so kids don't wander off and no one can wander into the skating area; and feels
it is a nice set-up for kids to skate.
Trent Mosen, stated his kid skates at 3rd Lair, stated he owns a small business and knows
how hard it is to run; feels there should be no limitations on the skate park; stated other
skate parks have gone under; feels nothing bad happened when they were open later,
would hate to see the business close and area businesses would lose money.
Lucas Flower, don't think bad about these guys, stated he skates at 3rd Lair and has
gotten sponsors with the help of the owners, they have contests for the kids.
Sharon Hogan, feels the owners are an amazing group of guys, stated when she started
taking her kid their it was not easy dropping her kid off at first; feels they run a wonderful
program; feel they nurtured friendships over the years; and even with different age ranges;
feels it would be a shame if they did not succeed; they do a lot for the kids and parents and
it is like the Little League of skateboarding.
Tom Olson, stated he travels along with his son, who is a nationally ranked amateur skater,
and stated that 3rd Lair is nationally respected and recognized; they respect their program
and quality of people who run the establishment; stated he has been to a lot of skate parks
and their park is the cleanest facility; feels it's a national treasure.
Regular Meeting of the City Council
March 16, 2010
Page 8
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd lair Skate Park,
Applicant - Continued
Paul Haarstad, feels that the requirement for a police and fire department attendance at an
event of 150 people needs to be looked at; feels that some of the larger events where the
attendance is greater he can see a reason for the fire department to be there; stated there
have been no incidents of safety and violence in the past.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to table
consideration of Ordinance #434 to the April 7, 2010 and ask the applicant if they would be
willing to extend the 60 day notice requirement, and request staff prepare an amended
conditional use permit and Ordinance.
The applicant signed a written agreement to extend consideration of the Ordinance to April
15,2010.
Staff will prepare an amended Ordinance incorporating amendments regarding hours of
operation, when the Golden Valley Fire Department would be required to be hired,
insurance coverage, number of "all-nighter events", special events, written report
requirements, event notification and other conditions as clarified by staff.
Authorization for Resubmittal of Application for Hennepin Youth Sports Program
Grant
Thomas Burt introduced the agenda item and answered questions from the Council.
Jerry Sandler, Open Space and Recreation Commission Chair, answered questions from
the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-21
RESOLUTION AUTHORIZING RESUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
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 Scanlon; and the following voted against the same: Shaffer,
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
March 16,2010
Page 9
First Consideration - Ordinance #435 - Adding a New Section 2.21: Withholding
Approvals Due to Delinquencies or Default
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 435, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or Defaults
Thomas Burt introduced the agenda item.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve
Ordinance #435, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Appointment to Theodore Wirth Park Citizen Advisory Committee
Mayor Loomis introduced the agenda item and stated she has two candidates that are
interested in serving as the City's representative.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to allow the
Mayor to appoint a representative to the Theodore Wirth Park Citizen Advisory Committee
Announcements of Meetings
A Bassett Creek Watershed Management Commission will be held on March 18, 2010 at
11:30am.
The State of the City will be held on March 19, 2010 at 7:30 am at City Hall.
Some Council Members may attend the Hopkins Community Education Diversity Forum -
Making Change on March 23,2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
The next City Council meeting will be held on Wednesday, April 7, 2010 at 6:30 pm.
The Golden Valley Historical Society will meet on April 8, 2010 at 7 pm at the Golden
Valley Historic Church.
Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April
10, 2010 beginning at 8:30 am at the Davis Community Center at Meadowbrook
Elementary.
Regular Meeting of the City Council
March 16, 2010
Page 10
Executive Session - Stephen and Andrea Dargi Lawsuit
The City Council will hold a closed Executive Session immediately following the City
Council Meeting in the Manager's Conference Room to discuss the Stephen and Andrea
Dargi lawsuit with legal council.
Mavor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 9: 11 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant