10-05-10 CC MinutesRegular Meeting
of the
City Council
October 5, 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 October 5, 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.
Presentation of Envision Award - Founding Members -Kelly Drive Pumpkin Growers
Association
Mayor Loomis introduced the agenda item.
Philip Lund, Envision Connection Project Member, stated the Kelly Drive neighborhood had
a vision to bring neighbors and children together and six members of the Kelly Drive
neighborhood founded the Kelly Drive Pumpkin Growers Association in 1997 and have
succeeded in staging an annual festival.
Mayor Loomis presented the Envision Award to George and Calista Abide, Karl and Nancy
Cambronne and Jon and Sheila Horkey.
Approval of Agenda
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the
agenda of October 5, 2010 as amended: Approving Appointment of Election Judges for
State General Election -addition of election judge.
Approval of Consent Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of October 5, 2010 as amended: Removal of Authorization to Sign Agreement
(Amendment #1) for Energy, Efficiency, and Conservation Block Grant Program with
Department of Commerce .
*Approval of Minutes -Council/Manager Meeting -August 11, 2010 and City Council
Meeting -September 21, 2010
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
Council/Manager Meeting minutes of August 11, 2010 and City Council Meeting of
September 21, 2010 as submitted.
*Approval of Check Register
MOVED by Pentel, seconded by Scanlon 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
October 5, 2010
Page 2
*Gambling License Exemption and Waiver of Notice Requirement -Greater
Minneapolis Crisis Nursery
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
Greater Minneapolis Crisis Nursery.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals -August 24, 2010
Environmental Commission -July 26, 2010
Open Space and Recreation Commission -July 26, 2010
Envision Connection Board of Directors -August 19, 2010
Bassett Creek Water Management Commission -August 19, 2010
*Authorizing Grant Application to the Minnesota Pollution Control Agency for
Assistance with Contaminated Pond Sediment Removal
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-51
RESOLUTION AUTHORIZING GRANT APPLICATION TO THE MINNESOTA
POLLUTION CONTROL AGENCY FOR POLYCYCLIC AROMATIC HYDROCARBONS
(PAHs) FOR CONTAMINATED POND SEDIMENT REMOVAL
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.
Authorization to Sign Agreement (Amendment #1) for Energy, Efficiency, and
Conservation Block Grant Program with Department of Commerce
Council Member Freiberg had questions regarding the reporting requirements. Jeannine
Clancy answered questions from the Council.
Regular Meeting of the City Council
October 5, 2010
Page 3
Authorization to Sign Agreement (Amendment #1) for Energy, Efficiency, and
Conservation Block Grant Program with Department of Commerce -Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 10-52
RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF
COMMERCE, AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY,
AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE AMERICAN
REINVESTMENT AND RECOVERY ACT
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 Agreement with Short Elliot Hendrickson for Inflow and
Infiltration Inspection and Program Monitoring Services
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
City Manager sign the agreement with Short Elliott Hendrickson for inflow and infiltration
inspection and program monitoring services.
*Aaurovina Appointment of Election Judaes for State General Election
Member Pentel introduced the following resolution and moved its adoption, as amended
RESOLUTION 10-53
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE STATE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2010
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.
*Board/Commission Appointment
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the
following appointment:
Human Services Foundation:
Brenda Hayle 1 year term term expires - 5/1/13
Regular Meeting of the City Council
October 5, 2010
Page 4
Public Hearing -Second Consideration -Ordinance #447- Electric Franchise Fee
from Northern States Power d/b/a Xcel Energy and Approval of Summary Publication
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 447, 2ND SERIES
ELECTRIC FRANCHISE ORDINANCE
CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA
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
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Thomas Burt and 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.
Joe Mastrian, 2101 Brunswick Avenue North, asked how long the fee was going to be
charged to residents, asked how this will affect the gas company, feels there is only so
much room on Douglas Drive, now the County has changed Douglas Drive from four lanes
to one lane, and stated there is heavy traffic on Douglas Drive.
David Spragg, 5610 Golden Valley Road, supports the changes, wanted more information
about the plan, wants to have wider lanes for wheel chair access, wanted to make sure
handicapped persons would be able to walk along the street and is concerned about
pedestrian safety.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve
Ordinance #447, 2nd Series on Second Consideration. Upon a roll call vote, the vote was
as follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve
publication of summary ordinance. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to direct the City
Manager to withhold publication for up to 30 days and engage in mediation with Xcel
Energy.
Regular Meeting of the City Council
October 5, 2010
Page 5
Public Hearing -Special Assessments -Delinquent Utility Bills
Sue Virnig, Finance Director, introduced the agenda item 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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 10-54
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR DELINQUENT UTILITY BILLING
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.
Public Hearing -Special Assessments -Miscellaneous Charges
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Thomas Burt and 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.
Bill Killion 1500 Tyrol Trail, stated he had a trailer under a tree in his front yard and got a
violation notice, asked for additional time to remove it and was told it was okay, he got busy
and didn't get the trailer moved in a timely manner and was assessed; feels there were
extenuating circumstances and feels the assessment was inappropriate.
The Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-55
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR MISCELLANEOUS CHARGES
(WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC)
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.
Regular Meeting of the City Council
October 5, 2010
Page 6
Public Hearing -Sanitary Sewer, Platted Utility and Ditch Easement Vacations - 500
Cloverleaf Drive 10-56
Jeannine Clancy introduced the agenda item.
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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-56
RESOLUTION VACATING A SANITARY SEWER EASEMENT AND
PLATTED UTILITY AND DITCH EASEMENTS IN THE PLAT OF
CLOVER LEAF TERRACE (500 CLOVERLEAF DRIVE)
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.
Approval of Plat 10-57 and Authorization to Sign Subdivision Development
Agreement -Cloverleaf Woods
Joe Hogeboom, Planner, introduced the agenda item. Jeannine Clancy and Allen Barnard
answered questions from the Council.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 10-57
RESOLUTION FOR APPROVAL OF PLAT -CLOVERLEAF WOODS
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.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
Subdivision Development Agreement and authorize the Mayor and City Manager to
execute it on behalf of the City, subject to payment of park dedication fee of $810.
Regular Meeting of the City Council
October 5, 2010
Page 7
Authorization to Sign Amended PUD Permit -Allianz Life USA Addition PUD #87 -
Amendment #3
Fred Atkinson, Allianz Life, reviewed the permit request and answered questions from the
Council.
Joe Hogeboom, Planner, presented the staff report and answered questions from the
Council.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager to sign the amended PUD permit Allianz Life USA Addition PUD
No. 87, Amendment No. 3, subject to the conditions of the Deputy Fire Marshal.
Announcements of Meetings
Some Council Members may attend the Employee Recognition on October 7, 2010 at
9:30 am at the Police Department.
Some Council Members may attend the Kelly Drive Pumpkin Event on October 9, 2010 at
11 am at the Kelly Drive neighborhood.
Mighty Tidy Day will be held on October 9, 2010 from 8 am to 1 pm at Brookview Park.
A Neighborhood Watch for Zone 1 will be held on October 11, 2010 at 7 pm at the Police
Department.
Some Council Members may attend the Teen Read Month Reception on October 12, 2010
at 5:30 pm at the Golden Valley Library.
The next Housing and Redevelopment Meeting will be held on October 12, 2010 at
6:30 pm.
The next Council/Manager meeting will be held on October 12, 2010 immediately following
the HRA Meeting.
A Neighborhood Watch for Zone 2 and 4 will be held on October 12, 2010 at 7 pm at the
Police Department.
Some Council Members may attend the Golden Valley Historical Society Meeting on
October 14, 2010 at 7 pm at the Golden Valley Historical Society.
The next City Council meeting will be held on October 19, 2010 at 6:30 pm.
A Bassett Creek Watershed Management Commission meeting will be held on October 21,
2010 at 11:30 am.
Regular Meeting of the City Council
October 5, 2010
Page 8
Announcements of Meetings -Continued
Some Council Members may attend the Bridge Builder meeting on October 23, 2010 at
10 am at Byerlys.
Manor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 7:40 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant