11-16-10 CC MinutesRegular Meeting
of the
City Council
November 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 November 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.
Approval of Agenda
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the
agenda of November 16, 2010 as amended: Public Hearing -First Consideration -
Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New
Section 6:34: Tobacco, correction of typo; Second Consideration -Ordinance #450 -
Adding a New Section 2.22: Domestic Partnership Registration, distribution of letter of
support from Spirit of Hope Church; and Golden Valley Golf and Country Club Pond
Excavation -Quotes and Authorization to Sign Storm Water Quality Treatment Facility
Cooperative Management Agreement; distribution of letter from MPCA stating funding was
approved.
Approval of Consent Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of November 16, 2010 as submitted.
*Approval of Minutes -City Council Meeting -November 3, 2010
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of November 3, 2010 as submitted.
*Approval of Check Register
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.
Regular Meeting of the City Manager
November 16, 2010
Page 2
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Open Space and Recreation Commission -September 27, 2010
Envision Connection Project Board of Directors -September 16, 2010
*Quotes -Lift Station Upgrades -SCADA System
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to furnish and
install lift station upgrades to the City's SCADA system from the lowest responsible bidder,
Total Control Systems for $28,890. The quotes are as follows:
Lift Stations
Highway 55
Woodstock
Schaper
Master Modifications
Electrical Installation
Total
Quality Flow Quality Flow
CT 1500 M-110
Controller
$9,475
8,975
10,895
11,500
6,300
$47,145
Controller
$5, 875
5, 875
5,495
11, 500
2,300
$31,045
Automatic
Systems
Micrologix
Controller
$9,275
10,204
9,715
7,124
8,655
$44,973
Total Control
Systems
Micrologix
Controller
$6,267
6,297
8,686
5,853
1, 787
$28,890
*Golden Valley Golf and Country Club Pond Excavation -Quotes and Authorization
to Sign Storm Water Quality Treatment Facility Cooperative Management Agreement
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid
for the Golden Valley Golf and Country Club pond excavation to Sunram Construction, Inc.
for $115,145. Metro Earthworks did not meet the qualifications or has the experience
necessary to complete the project.
Metro Earthworks $111,400.00
Sunram Construction, Inc. $115,145.00
Blackstone Contractors LLC $124,925.00
Quiring Excavating, LLC $128,025.00
Veit & Company, Inc. $138,605.00
Doboszenski & Sons, Inc. $141,867.00
Stocker Excavating, Inc. $174,606.65
Park Construction Company $202,112.50
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the Storm Water Quality Treatment Facility Cooperative
Maintenance Agreement with the Golden Valley Golf and Country Club.
Regular Meeting of the City Manager
November 16, 2010
Page 3
*Authorize Participation in the Metropolitan Council Municipal Publicly Owned
Infrastructure Inflow/Infiltration Grant Program
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-67
RESOLUTION AUTHORIZING PARTICIPATION IN THE
METROPOLITAN COUNCIL MUNICIPAL PUBLICLY OWNED
INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM
FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH
INFLOW/INFILTRATION IMPROVEMENTS
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.
*Grant Permanent Easement -General Mills, Inc. -Pedestrian Bridge and Other
Facilities -Betty Crocker Drive, west of General Mills Boulevard
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to grant
permanent easement to General Mills, Inc. for pedestrian bridge and other facilities in the
vicinity of an area north of Betty Crocker Drive, west of General Mills Boulevard, crossing
Bassett Creek.
*Authorization to Sign Patrol Officer (EELS Local 27) Agreement
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager sign the 2011 Patrol Officer agreement.
*Authorization to Sign Sergeants (EELS Local 304) Agreement
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager sign the 2011 Sergeant agreement.
*Authorization to Sign School Resource Officer Services Agreement with District
#287
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the School Resource Officer Service Agreement with
Intermediate School District 287.
Regular Meeting of the City Manager
November 16, 2010
Page 4
*Authorization to Sign Agreement with Consultant for Douglas Drive Preliminary
Design Project
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager sign the agreement/contract with WSB & Associates, Inc. for
preliminary design services relating to the Douglas Drive Reconstruction Project for
$370,000.
Public Hearing -Preliminary Plat Approval -Pentel Addition - 941 and 1021 Angelo
Drive -Paula Pentel and Warren & Kim Rottman, Applicants
Council Member Pentel removed herself from the table during the discussion and voting on
the issue due to a potential conflict of interest.
Warren Rottman, 1021 Angelo Drive, Applicant, reviewed the preliminary plat request.
John Kluchka, Planning Commissioner, presented the Commission report.
Joe Hogeboom, City Planner, reviewed the staff 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 Shaffer, seconded by Scanlon and motion carried to approve the Preliminary
Plat for Pentel Addition, subject to the following conditions:
1. The City Engineer's email, dated October 4, 2010, shall become part of this approval.
2. The Preliminary Plat submitted by the applicants, dated September 9, 2010, shall become
part of this approval.
Council Member Pentel abstained.
Public Hearing -First Consideration -Ordinance #451 -Repealing in its Entirety
Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE #451
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Section 6:34: Tobacco and
Adding a New Section 6:34: Tobacco
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and
answered questions from the Council.
Regular Meeting of the City Manager
November 16, 2010
Page 5
Public Hearing -First Consideration -Ordinance #451 -Repealing in its Entirety
Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco -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 Pentel and motion carried unanimously to adopt on First
Consideration Ordinance #451, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES
When the model tobacco licensing ordinance from the League of Minnesota Cities is
available staff will bring it to a future Council/Manager meeting for discussion.
Public Hearing - 2011 and 2012 Pavement Management Program
Jeannine Clancy and Jeff Oliver, City Engineer, presented a PowerPoint presentation 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.
Tom Berscheid, 120 King Hill Road, stated his road is relatively new, feels the road and
curbing is in relatively good repair, there is some cracking and some age related cracking
to the curbing but nothing that he would see that would drastically need a complete
overhaul, the housing is the same age and the sewer and water lines would be about the
same age and doesn't see why you should tear up the street, environmentally it seems to
be a fairly wasteful proposition to redo the streets, stated he lived across the street from a
street construction project and feels it is noisy, at 7 am trucks are there making noise and
sometimes they worked the weekends also; has not seen any overlay or repair of the
streets or gutters in the past; expressed concern about the quality of the work done on
previous streets; had questions about the curing of the curb and gutter; stated he has a
colored driveway and wants to make sure his new driveway matches the current color of
his driveway.
Dean Knutson, 1109 Welcome Circle, stated he is pleased to hear that Welcome Circle
has been brought up to city standards but wanted to know where the residents stand as far
as the inflow and infiltration and what are they responsible for.
Eric Forsberg, 410 Lawn Terrace, wanted to know how long the inflow/infiltration certificate
is good for.
Regular Meeting of the City Manager
November 16, 2010
Page 6
Public Hearing - 2011 and 2012 Pavement Management Program -Continued
Sonia Fortier, 408 Turnpike Road, expressed concern over narrowing the intersection of
Turnpike Road; stated some of the neighbors object to the narrowing of the streets; stated
they do not have a speed problem in their neighborhood; asked if a traffic analysis has
been done on the intersection; feels if the intersection is narrowed it will be more difficult to
get in and out; stated there are a lot of buses, federal express trucks and lawn services
vehicles in the area and it will be more difficult for them; suggested stop signs be put in;
stated the area floods in the spring when the snow melts and wanted to know if the
drainage issues were being addressed.
Terry Tillman, 208 Lawn Terrace, stated that there are a lot of people who speed on the
street, people use their street to bypass Xenia Avenue, Xenia Avenue has barriers that
help slow traffic such as curbs, narrow lanes and plantings; suggested that stop signs be
installed on Lawn Terrace; requested that the Police Department monitor the speed on the
street and stated that when the portable speed monitor is there people do slow down but
as soon as it is gone they go back to speeding.
AI Nadosdy, 5121 Colonial Drive, stated there used to be four outlets into the
neighborhood but since reconstruction of the highway system it has been reduced to two
feeder lines into the neighborhood; thinks the speeding problem on Lawn Terrace has
been caused by the volume of traffic coming into the neighborhoods since the outlets have
been reduced; doesn't feel stop signs will help the area; had questions regarding how long
the reconstruction will take and requested that whatever can be done to reduce the
construction time would be appreciated; stated that sometimes parking on both sides of the
street is inconvenient and depending on how people have parked you could not get
through, but feels certain sections of Colonial Drive could be marked no parking on one
side and suggested the hill area would be one of them.
Chris Long, 25 Turnpike Road, asked about the cost increase in the special assessments
for the project and what caused the increase; asked about parking on the proposed curve
and how it will effect snowplowing in the area; wanted to if the installation of street lights
were being considered as it is pretty dark there.
Keith Zilinski, 633 Turnpike Road, stated at the open house where the hill goes down the
storm sewers were shown on the map on the north side of the road and not the south side
of the road; and wanted to know if the correction was made on the final map.
Dorothy Nadosy, 5121 Colonial Drive, stated they live on a dead end street and asked if
there would be anytime during the construction process she would not be able to drive
home.
The Mayor closed the public hearing.
Regular Meeting of the City Manager
November 16, 2010
Page 7
Public Hearing - 2011 and 2012 Pavement Management Program -Continued
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-68
RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED
PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS
PROJECT NO. 11-1
2011 PAVEMENT MANAGEMENT PROGRAM
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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-69
RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED
PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS
PROJECT NO. 12-1
2012 PAVEMENT MANAGEMENT PROGRAM
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.
Second Consideration -Ordinance #450 - Adding a New Section 2.22: Domestic
Partnership Registration
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 450, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 2.22: Domestic Partnership Registration
Stacy Altonen, Police Chief, 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..
Regular Meeting of the City Manager
November 16, 2010
Page 8
Second Consideration -Ordinance #450 - Adding a New Section 2.22: Domestic
Partnership Registration -Continued
Christopher Jordan, stated he is not speaking as Human Rights Commission Chair but as a
resident; commended the Council for recommending the ordinance to the Commission and
look forward to the Council support for the ordinance; feels it is not a gay issue, a right or
wrong issue; it's a human rights issue and it speaks volumes as to the kind of community
that we have here if the ordinance is adopted; encouraged the Council to support the
ordinance and looks forward to its approval.
Phil Duran, Director for Outfront Minnesota, stated he came to the Human Rights
Commission to speak about the language they were considering for the ordinance and is at
the meeting to answer any questions the Council had regarding data privacy issues; stated
the language in the Golden Valley ordinance is the same language that the city of
Minneapolis has had in their ordinance for the past 20 years; as far as he knows there has
not been an issue of information being sought or abused in some fashion; stated they are
working with five other suburbs and look forward to Golden Valley showing leadership in
this issue.
Tim Reardon and Tess, 201 Meadow Lane North, stated it would mean a lot to them to
have this opportunity for them to be recognized, his partner Eric and he don't have the
rights to be married but had their commitment ceremony at Theodore Wirth Park in 2001
and unfortunately when he died the state didn't recognize our relationship because we
didn't have a legal status so when cities and communities take action like this it means a
lot to those who reside in the community.
Linda Smith, 6830 Sandburg Lane, and partner Barbara Held and one of our four children,
all of which have been raised in Golden Valley and went to school here really love Golden
Valley and are asking for Council support of the ordinance.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on
First Consideration, Ordinance #450, 2nd Series. 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 receive and
file the letter from Spirit of Hope Church, received November 16, 2010, supporting adoption
of the ordinance.
Regular Meeting of the City Manager
November 16, 2010
Page 9
Appeal of Right-of-Way Management Permit Denial - 4846 Glenwood Avenue
Jeff Oliver, City Engineer, presented the staff report and answered questions from the
Council. Allen Barnard, Jeannine Clancy and Thomas Burt answered questions from the
Council.
Darren Schweibert, 4846 Glenwood Avenue, reviewed his request for the appeal of his
right-of-way permit to allow the boulders he has placed on in the right-of-way; stating that
his children walk to school and he is concerned for their safety because vehicles make
u-turns to get onto Highway 100 and drive into his property where his children play and
walk to school; tried reseeding and resoding so people would know it is not a driveway;
stated they contacted a landscaper to put in the boulders to prevent people from driving on
the property; issue is whether or not the city has the right to require a permit for an
obstruction; feels the right-of-way was not granted to the city but granted to MnDOT;
doesn't feel the city has an interest in the street and right-of-way; stated the city does not
take possession until 2 years from now; didn't realize he needed to get a permit as he
viewed it as his land because he maintained it; feels there is a safety concern when people
leave the Legion and Breck because people make u-turns that are blocked by the hill;
showed pictures of his property and the reflective poles the city installed; feels the snow
plow drivers will be able to see the reflective poles and know the boulders are there;
Brian McCool, Fredrickson and Byron, stated he feels the right-of-way agreement
document with the Department of Transportation does not involve the street, stated the
1964 document identified impacts two parcels of property one to the left side and one on
the east side of 4846 Glenwood Avenue and not discuss or reference the Schwiebert
property.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously that staff work
with the property owner to come up with a solution and report back at the December 21,
2010 Council meeting
First Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 452, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing A 2010 Master Fee Schedule
Sue Virnig, Finance Director, introduced the agenda item.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve on
First Consideration, Ordinance #452, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SNAPPER -YES
Regular Meeting of the City Manager
November 16, 2010
Page 10
Announcements of Meetings
A Bassett Creek Watershed Management Commission meeting will be held on November
18, 2010 at 11:30 am.
Some Council Members may attend the Golden Valley Little League Open House and
Fundraiser on November 20, 2010 from 5:30 to 9 pm at 501 Washington Avenue North.
The City Offices are closed on Thursday, November 25 and Friday, November 26, 2010 in
observance of Thanksgiving.
Some Council Members may attend the Bottineau Transitway Open House on November
30, 2010 at St. Margaret Mary Church.
The next City Council meeting will be held on December 7, 2010 at 6:30 pm.
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