03-15-11 CC Minutes Regular Meeting
of the
City Council
March 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 March 15, 2011 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, 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.
Presentation Re�ardinq Farmer's Market
Kristine Frey, reviewed the proposal for a farmer's market to be held under the water tower,
including produce, some food, local music and non-profit booths to be held on Sundays
from June 26 to October 9. Thomas Burt answered questions from the Council.
� MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
City Manager to negotiate a contract with Kristine Frey for a farmer's market on city owned
property.
Approval of Aqenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of March 15, 2011 as amended: Addition of New Business - Legislative Hearing -
Suspension of Tobacco Licenses and Payment of Bonds.
Approval of Consent Aqenda
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the
consent agenda of March 15, 2011 as amended: Removal of Support for Complete Streets
and Continued Use of Plans and Policies Supporting Transportation Systems.
*Approval of Minutes -Council/Manaaer Meetina - Februarv 8, 2011
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the Council/Manager Meeting minutes of February 8, 2011 as submitted.
*Approval of Check Reaister
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
Regular Meeting of the City Council
March 15, 2011
Page 2
�`Gamblinct License Exemption and Waiver of Notice Requirement - Sabes Jewish
Communitv Center
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Sabes Jewish Community Center.
*Minutes of Boards and Commissions
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Minneapolis Water Advisory Board - November 4, 2010
Environmental Commission - January 3, 2011
Connection Project Board of Directors - January 13, 2011
Open Space and Recreation Commission - January 24, 2011
Bassett Creek Watershed Management Commission - January 20, 2011
*Dewaterina Pump - Quotes
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to purchase
one used 2010 Godwin Model CD150M 6-inch dewatering pump with approximately 70
logged operational hours, including Minnesota sales tax, for$30,993.75 from Ziegler
Caterpillar, for a savings of$2,536.94 over the cost of a new pump. The bids are as
follows:
New Pump - Ziegler Caterpillar $33,530.69
New Pump -American Tractor & Equipment Co. $35,258.06
Used Pump - Ziegler Caterpillar (2010 Model) $30,993.75
*Email from Carmen Douahertv-Heim Reqardinq Botteneau Liaht Rail Line
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the email from Carmen Dougherty Heim, dated February 23, 2011, regarding
Botteneau Light Rail Line.
�`Emails from Paul Flower, Ross House. Frank Tenczar, Christine Tenczar and
Georqe Abide Re�ardina Doq Licensinq
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file email from Paul Flower, dated February 23, 2011; email from Ross House, dated
February 23, 2011; email from Frank Tenczar, dated February 23, 2011; Christine Tenczar,
dated February 24, 2011 and George Abide, dated February 25, 2011 regarding dog
licensing.
Regular Meeting of the City Council
March 15, 2011
Page 3
*Authorization to Siqn Contract with Prairie Restorations, Inc. for Restoration and
Maintenance of Native Plant Communities
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign the Contract for Professional Services with Prairie
Restoration, Inc. for 2011 Restoration and Maintenance of Native Plant Communities in the
amount of$25,350.
Support for Complete Streets and Continued Use of Plans and Policies Supportinq
Transportation Svstems
Council Member Freiberg removed the agenda item to acknowledge what the City is doing
to support for complete streets.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-8
RESOLUTION SUPPORTING COMPLETE STREETS AND DIRECTING STAFF TO
CONTINUE TO USE ESTABLISHED PLANS AND POLICIES SUPPORTING
TRANSPORTATION SYSTEMS FOR ALL USERS
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, 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- Fretham Eleventh Addition
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-9
RESOLUTION FOR APPROVAL OF PLAT - FRETHAM ELEVENTH ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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.
*Call for Public Hearinq - Special Assessments -4/19/11
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to call a public
hearing for special assessments for April 19, 2011 at 7 pm.
Regular Meeting of the City Council
March 15, 2011
Page 4
�`Receipt of Februarv 2011 Financial Reports
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the February 2011 Financial Reports.
*Authorizina Transfers from General Fund
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-10
RESOLUTION AUTHORIZING THE TRANSFER OF $900,000 FROM THE
GENERAL FUND TO THE EQUIPMENT REPLACEMENT FUND ($600,000)
AND EMPLOYEE BENEFITS FUND ($300,000)
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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.
*Acceptance of Donations for 125th Anniversarv
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-11
RESOLUTION ACCEPTING DONATIONS FOR
GOLDEN VALLEY 125th ANNIVERSARY
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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 Hearinq - Second Consideration - Ordinance #456 -Amendina Electric
Franchise Fee Ordinance #447 with Northern States Power d/b/a Xcel EnerAv
The following ordinance was MOVED by Shaffer, seconded by Pentel:
ORDINANCE NO. 456, 2ND SERIES
Amending Electric Franchise Fee Ordinance No. 447
City of Golden Valley, Hennepin County, Minnesota
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Regular Meeting of the City Council
March 15, 2011
Page 5
Public Hearina - Second Consideration - Ordinance #456 -Amendinq Electric
Franchise Fee Ordinance #�447 with Northern States Power d/b/a Xcel EnerAV -
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 Shaffer, seconded by Freiberg and motion carried unanimously to approve
Ordinance #456, 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
Public Hearina - Ordinance #457 - Rezoninq from Commercial Zoninq District to
Business and Professional Oifices Zonins� District 5075 Wavzata Boulevard and
1400, 1500 Hiqhwav 100 South
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 457, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning 5075 Wayzata Boulevard and 1400 and 1500 Highway 100 South from
Commercial Zoning District to Business and Professional Offices Zoning District
City of Golden Valley, Applicant
Mark Grimes, Director of Planning and Development, reviewed the rezoning and answered
questions from the Council.
Dave Cera, Planning Commission, presented the Planning Commission report 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.
Carl Ewald, Duke Realty, stated they oppose the limitations the change in zoning will put
on the property; such as development of a hotel; feel that because of market conditions
anything that limits the use of the site is a concern; concerned that it does not allow for a
parking deck as a permitted use; and requested that if it is proposed to be Business and
Professional Office zoning district they be allows to add as a permitted use for their
property the uses in Section 11.45, subdivision 8, off street parking for adjacent uses.
The Mayor closed the public hearing.
Regular Meeting of the City Council
March 15, 2011
Page 6
Public Hearinq - Ordinance #457 - Rezoninq from Commercial Zoninq District to
Business and Professional Offices Zoninq District 5075 Wavzata Boulevard and
1400, 1500 Hiqhwav 100 South
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #456, 2nd Series on Second Consideration. Upon a roll call vote, the vote was
as follows:
FREIBERG -YES LOOMIS - NO PENTEL - YES SCANLON -YES SHAFFER - YES
Leqislative Hearinq - Suspension of Tobacco Licenses and Pavment of Bonds
Mayor Loomis stated that the City was requested to send a representative to testify at the
Legislature regarding cities being able to suspend tobacco licenses and possibly testifying
regarding the taxing authority for cities to pay bonds.
MOVED Pentel, seconded by Freiberg and motion carried unanimously to approve Council
Member Shaffer to testify regarding the ability of cities to suspend tobacco licenses for
failed compliance checks and possibly testifying regarding the taxing authority for cities to
pay bonds, if needed.
Announcements of Meetinas
A Bassett Creek Water Management Commission will be held on March 17, 2011 at 11:30
am.
Some Council Members may attend the Caring Youth Recognition on March 17, 2011 at
6:30 pm at the Minnetonka Community Center, 14600 Minnetonka Boulevard.
The City offices will be closed on March 23, 2011 from 12 noon until 4:30 pm to conduct
public safety training exercises.
The next City Council meeting will be held on April 5, 2011 at 6:30 pm.
Some Council Members may attend the Neighborhood Watch meeting for Zone 5A on April
5, 2011 at 7 pm.
Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April
9, 2011 beginning at 8:30 am at the Davis Community Center at Meadowbrook Elementary.
Mavor and Council Communications
No action and/or discussion took place.
Regular Meeting of the City Council
March 15, 2011
Page 7
Adiournment
The Mayor adjourned the meeting at 7:36 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant