04-07-10 CC Minutes
Regular Meeting
of the
City Council
April 7, 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 April 7, 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; Kim
Donat, Acting City Attorney; and Judy Nally, Administrative Assistant.
Presentation of Bill Hobbs Human Ri~hts Award - Tom Henderlite
Christopher Jordan, Chair, Human Rights Commission, introduced the agenda item.
Mayor Loomis presented Tom Henderlite, former principal at Sandburg Middle School with
the Bill Hobbs Human Rights Award.
Tom Henderlite thanked the Council for the award and acknowledged support from his
staff, students as well as Human Rights Commission member Marion Helland.
Presentation of Certificate of Appreciation - Human Ri~hts Commission Share the
Dream "Tapestry" Event - Guthema Roba and Svetlana Stepanova
Christopher Jordan, Chair, Human Rights Commission, introduced the agenda item.
Mayor Loomis presented Guthema Roba and Svetlana Stepanova with a Certificate of
Appreciation.
Approval of A~enda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
agenda of April 7,2010 as amended: Addition of Letter from Jeffrey Levy, attorney for
Sean Adams Regarding Special Assessment Appeal; and distribution of revised Resolution
Adopting and Confirming Assessments for Various Public Improvements in the 2010
Pavement Management Area and revised Ordinance No. 434, Approval of Amended
Conditional Use Permit No. 95, Amendment 1, 850 Florida Avenue South, Mark Muller, 3rd
Lair Skate Park, Applicant.
Approval of Consent A~enda
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
agenda of April 7, 2010 as amended: Addition of Letter from Jeffrey Levy, attorney for
Sean Adams Regarding Special Assessment Appeal; Removal of Support for Creation of
Golden Valley Community Foundation and Proclamation for Parkinson's Disease
Awareness Month.
Regular Meeting of the City Council
April?,2010
Page 2
*Approval of Minutes - City Council Meeting - March 16,2010
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of March 16,2010 as submitted.
* Approval of Check Registers
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Therapeutic Massage Facility - Massage Therapy for the Mind, Body, and Soul and
Therapeutic Massage Certificate - Colleen Baierl
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
issuance of a Therapeutic Massage Facility License to Massage Therapy for the Mind,
Body, and Soul and Therapeutic Massage Certificate to Colleen Baierl at 5851 Duluth
Street, Suite 306.
*Gambling License Application to Conduct Excluded Bingo - Sons of the
American Legion Post #523
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
gambling license application to conduct excluded bingo for Sons of the American Legion
Post #523.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Human Rights Commission - November 9, 2009
Planning Commission - February 22, 2010
Environmental Commission - February 22, 2010
Envision Connection Project Board of Directors - February 25, 2010
Bassett Creek Watershed Management Commission - February 18, 2010
Regular Meeting of the City Council
April 7, 2010
Page 3
*Pickup Truck - Quotes
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
purchase through the State of Minnesota Light Truck Contract of one Ford F150 pickup
truck from Elk River Ford for $26,061.59, including sales tax.
*Authorization to Sign Hennepin County Grant Agreement - Bassett Creek Main Stem
Stream Bank Restoration Proiect
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager sign the Riparian Restoration and Stream Bank Stabilization
Grant Agreement with the Hennepin County Department of Environmental Services for a
grant of $135,000.
Support for Creation of Golden Valley Community Foundation
Council Member Freiberg stated he supports the new foundation because it allows the
current groups to work together for the community.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 10-22
RESOLUTION SUPPORTING THE CREATION OF THE
GOLDEN VALLEY COMMUNITY FOUNDATION
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: 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.
*Authorization to Sign Contract with Prairie Restorations, Inc. for Restoration and
Maintenance of Native Plant Communities
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize
signing the contract with Prairie Restoration, Inc. for restoration and maintenance of native
plant communities for $24,250.
Proclamation for Parkinson's Disease Awareness Month
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to proclaim April
2010 as Parkinson's Disease Awareness Month.
Regular Meeting of the City Council
April 7, 2010
Page 4
Proclamation for Parkinson's Disease Awareness Month - Continued
J. David Zook, reviewed information about the disease and the Struthers Parkinson's
Center and encouraged residents to participate and support upcoming Center events.
*Letter from Jeffrey Levy. attorney for Sean Adams Regarding Special Assessment
Appeal
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and
file the letter from Jeffrey Levy, attorney for Sean Adams, dated April 7,2010, regarding
special assessment appeal.
Public Hearing - Special Assessments - 2010 Pavement Management Program
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Thomas Burt and Jeannine Clancy 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.
Sean Adams, 6010 Glenwood Avenue, feels that it will be hard for residents to pay the
assessment because more people are losing their home and having a hard time making
ends meet; especially if they have to pay to have any work done on the pipes to the street
before they have to sell their home; feels the assessment amount should be reconsidered;
some of the homes are on larger lots and they are all assessed the same amount and
wanted to know why they are not assessed on front footage; his neighbor was assessed
four years ago and paid $1,700 less; wanted to know how you can justify the increase for
the project; stated he does not live on the streets that are being reconstructed and doesn't
even use them.
Jason Hammerberg, 15 Paisley Lane, feels this is a poor time to use funding for this
project and project could have been pushed to a later date; asked if a larger lot is
subdivided will the additional assessment reduce the amount of the assessment or go back
into the project; if the bids come in lower does that also lower the assessment rate; how
was the length of the assessment and assessment rate determined; and is there a better
interest rate that we could get.
John Segner, 125 Paisley Lane, residents pay more of an interest rate, feels the interest
rate charged should be reviewed annually; stated he is in favor of the project; stick with the
financing that makes sense for the day; feels he could get a better interest rate if he funds
it privately; feels it is not a good deal for the homeowner; thanked the Council for voting to
keep the 3rd Lair in business, feels in this environment it is a bad thing to kick a business
out of the City and appreciates the Council working with them to stay in the City.
Regular Meeting of the City Council
April 7, 2010
Page 5
Public Hearing - Special Assessments - 2010 Pavement Management Program
Frank Hetman, on behalf of his Mother, Ruth, 124 Paisley Lane; had questions regarding if
the nature area was part of the project; when the project will start and finish, will he have
access to the roadway, where to park during construction, how do they get their mail; and
the temporary water hookup and usage.
Rene Ellis, Perpich Center for Arts Education, 6125 Olson Memorial Highway, stated the
State has a deficit; the Arts Education will have a large cut and they are a small agency;
appreciate the relationship with the City and would like to continue their partnership; they
would like to see more citizen involvement with their programs; they understand the
situation with the City and appreciate the improvements but is requesting a reduction of the
assessment.
The Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption, as amended to
$777,550.48 :
RESOLUTION 10-23
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE
2010 PAVEMENT MANAGEMENT AREA
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.
The Council will review the assessment interest rate prior to the next Pavement
Management Program.
Public Hearing - Ordinance #436 - Amending Section 11.21 Restricting Driveway and
Street Access in Single Family Zoning District (R-1)
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 436, 2ND SERIES
Amending Section 11.21, Restricting Driveway and Street Access
in Single Family Zoning District (R-1)
Mark Grimes, Director of Planning and Development, introduced the agenda item.
MOVED by Shaffer, seconded by Scanlon and motion carried to approve on Ordinance
#436, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Regular Meeting of the City Council
April 7, 2010
Page 6
Continued Item - 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 Shaffer:
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
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Thomas Burt and Kim Donat answered questions
from the Council.
Matt Parish and Mark Rodriquez, business partners, reviewed the amendments to the
permit, the reasons for employees after hours changes and answered questions from the
Council.
MOVED by Pentel to approve Ordinance #434. Motion died due a lack of a second.
MOVED by Pentel, seconded by Freiberg and motion carried to approve on Ordinance
#434, 2nd Series, as amended: Condition 6 Operating hours for customers shall be 8 am
to 10 pm daily until July 7, 2010. If there are no violations of these conditions prior to July
7, 2010 the operating hours are allowed to change to 8 am to midnight. Upon a roll call
vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - NO
Second Consideration - Ordinance #435 - Adding a New Section 2.21: Withholding
Approvals Due to DelinQuencies or Default
The following ordinance was MOVED by Freiberg, seconded by Shaffer:
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 Freiberg, seconded by Shaffer 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
Regular Meeting of the City Council
April 7, 2010
Page 7
Announcements of Meetings
The Theodore Wirth Citizen Advisory Committee will meet on April 8, 2010 at 6:30 pm at
the Minneapolis Park and Recreation Board Administrative Offices.
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.
The next Housing and Redevelopment Authority meeting will be held on April 13, 2010 at
6:30 pm.
The next Council/Manager meeting will be held on April 13, 2010 immediately following the
H RA meeting.
A Bassett Creek Watershed Management Commission will be held on April 15, 2010 at
11 :30 am.
The next City Council meeting will be held on April 20, 2010 at 6:30 pm.
Some Council Members may attend the Golden Valley Women's Club Spring Fundraiser
on April 24, 2010 at the Sheraton West.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 8: 15 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant