02-15-11 CC Minutes Regular Meeting
of the
City Council
February 15, 2011
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 15, 2011 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel (arrived 6:34 pm), Scanlon
and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy,
Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative
Assistant.
Approval of Aqenda
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the
agenda of February 15, 2011 as amended: Revised report for Continued Public Hearing -
Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North.
Approval of Consent Aqenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
consent agenda of February 15, 2011 as submitted.
*Approval of Minutes - City Council Meetinq - Januarv 4, 2011 and Council/Manaqer
Meetinq - Januarv 11, 2011
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the City Council Meeting minutes of January 4, 2011 and the Council/Manager Meeting
minutes of January 11, 2011 as submitted.
*Approval of Check Reqister
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City bills as submitted.
'�Rental Propertv Licenses
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as submitted.
*Gamblinq License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
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 the
Northwest Suburban Optimist Club.
Regular Meeting of the City Council
February 15, 2011
Page 2
*Gamblinq License Exemption and Waiver of Notice Requirement - Good Shepherd
Cafiholic Church & School
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to rec�ive and
file the gambling license exemption and apprvve the waiver of notice requirement for Good
Shepherd Catholic Church & SchooL
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Human Rights Commission - October 7, 2010
Joint Water Commission - December 1, 2010
*Manhole Covers - Quotes
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase
300 solid manhole covers from the lowest responsible bidder Ess Brothers and Sons, Inc.
for $36,230.63, including sales tax. The quotes are as follows:
Ess Brothers and Sons, Inc $36,230.63
Neenah Foundry Company $37,192.50
*Email from Brenda McGhie Reqardinq Resiqnation from Human Services Foundation
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the email from Brenda McGhie, dated February 10, 2011, regarding resignation from
the Human Services Foundation; and request the Mayor send her a letter of appreciation in
recognition for her service to the community.
*Emails from James ("Greq") Salter and David ("Dane") Anderson Reqardinq
Amendment to Doq Licensinq Requirements
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the emails from James Salter and David Anderson, dated February 1, 2 and 4, 2011,
reg�rding amendments to the dog licensing requirements.
Regular Meeting of the City Council
February 15, 2011
Page 3
*Support for Fundinq Request bv Five Cities Senior Transportation Proiect from 2011
Consolidated Pool - Urban Hennepin Countv Communitv Development Block Grant
Proqram
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 11-5
RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR
TRANSPORTATION PROJECT FROM 2011 CONSOLIDATED POOL - URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis,
Pentel and Shaffer; and the following was absent: Pentel, 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 Siqn Aqreement with Bureau of Criminal Apprehension for Breath
Test Instruments
MOVED by Shaffer, seconded by Freiberg and motion carried unanimausly to authorize the
Mayor, City Manager to sign the MN Department of Public Safety DataMaster DMT-G with
Fuel Cell Option Evidentiai Breath Tester instrument Agreement.
*Approval of Plat - Pentel Addition
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 11-6
RESOLUTION FOR APPROVAL OF PLAT - PENTEL ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis,
Pentel and Shaffer; and the following was absent: Pentel, 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.
*Gontinued First Consideration - Ordinance #455 - Amendinq Section 10.30,
Reqardinq Discontinuance of Doq Licensinq Requirement (Except for Danqerous
and Potentially Danqerous Doqs)
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to take no
action on Ordinance No. 455, Amending Section 10.30, Regarding Discontinuance of Dog
Licensing Requirement (Except for Dangerous and Potentiafly Dangerous Dogs).
Regular Meeting of the City Council
February 15, 2011
Page 4
*Continued First Consideration - Ordinance #455 - Amendinq Section 10.30,
Reqardinq Discontinuance of Doq Licensinq Requirement (Except for Danqerous
and Potentiallv Danqerous Doqs) - Continued
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to request staff
include a three year dog license and change the fee to $15 per year (spayed/neutered) and
$30 per year (unaltered) for consideration in the 2012 Master Fee Schedule.
Continued Public Hearinq - Preliminarv Plat Approval - Fretham 11th Addition -
240 Jersev Avenue North
Thomas Burt and Joe Hogeboom, City Pfanner, introduced the agenda item and answered
questions from the Council. Allen Barnard answered questions from the Council.
Curt Fetham, applicant, reviewed his plat approval and requested that because of winter
timing he be allowed to put money into escrow and demolish the house in June so he could
save approximately $14,000 in additional expenses in demolition and I/I compliance.
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 Freiberg and motion carried unanimously to approve the
Preliminary Plat for Fretham 11th Addition, 240 Jersey Avenue North, subject to the
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The City Engineer's memo, dated February 15, 2011, shall become part of this
approval and directed staff to work with the applicant regarding compliance with
inflow/infiltration regulations.
3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to
final plat approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council
that will include issues found in the City Engineer's memo dated February 15, 2011.
5. The existing home and garage shall be remaved prior to the approval of the final plat.
6. All applicable City permits shall be obtained prior to the development of the new lots.
Approval of Six Month Extension for FilincLof Plat and Submittinq Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394
and Hiqhway 100
Joe Hogeboam, City Planner, introduced the agenda item and answered questions from
the Council. Thomas Burt and Allen Barnard answered questions from the Council.
Regular Meeting of the City Council
February 15, 2011
Page 5
Approval of Six Month Extension for Filinq of Plat and Submittinq Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394
and Hiqhwav 100
MOVED by Pentel, seconded by Shaffer and motion carried unanimously 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, 2011, subject to the following conditions:
1. Duke shall submit cash deposits as requested by the City 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 TH 100 and intersection
improvements on the east side of TH 100 and traffic calming along the frontage road
east of TH 100, to occur at the time building permits area applied for by Duke.
3. Duke shall cooperate with the Metropalitan Council Environmental Services (MCES) in
the construction of the 1-GV-461 Reliever project. The Reliever project is required to be
constructed by MCES to increase sanitary sewer capacity to serve Duke's West End
development and other future development in the certain parts of Golden Valley and St.
Louis Park. The cooperation may include the dedication of property or easements for
the construction of a lift station, force main, air relief; or gravity lines as outlined in the
MCES plans for 1-GV-461. The City retains the right to place additional conditions on
future extensions to the Preliminary PUD Plan or the Final PUD Plan.
Council directed staff to discuss with the Metropolitan Council representative the SAC
charges between metro area and outer ring cities and limitation on higher density housing
and the disconnection between the programs.
Announcements of Meetinqs
The Council will hold an Executive Session immediately following the City Council meeting
regarding the franchise fee ordinance.
A Bassett Creek Water Management Commission will be held on February 17, 2011 at
11:30 am.
Some Council Members may attend the Neighborhood Watch meeting for Zone 8 on
February 17, 2011 at 7 pm.
The City Offices will be closed on February 21, 2011 in observance of Presidents Day.
The State of the City will be held on February 25, 2011 at 7:30 am at City Hall.
The Antiques Appraisal Show will be held on February 26, 2011 at 1 pm at Calvary Center
Cooperative.
Regular Meeting of the City Council
February 15, 2011
Page 6
Announcements of Meetinqs
Some Council Members may attend the Home Remodeling Fair on February 27, 2011 from
10:30 am to 3:30 pm at the Eisenhower Community Center.
The next City Council meeting will be held on March 1, 2011 at 6:30 pm.
Mavor and Council Communications
No action and/or discussion took place.
Executive Session - Revised Franchise Fee Ordinance
The Council adjourned to Executive Session to discuss a possible legal suit with Xcel
Energy regarding the Franchise Fee Ordinance.
Adiournment
The Mayor adjourned the meeting at 7:16 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant