12-06-11 CC Minutes Regular Meeting
of the
City Councii
December 6, 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 December 6, 2011 at 6:30 pm.
The following members were present: Loomis, Pentel, Freiberg, 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 Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of December 6, 2011 as amended: Appointment to Appointment to Environmental
Commission, distribution of Executive Summary.
Approval of Consent Aqenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
consent agenda of December 6, 2011 as amended: Approval of Minutes - October 18,
2011 - First Consideration - Ordinance #473 - Amending Section 10.30, Regarding
Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially
Dangerous Dogs) amend minutes to reflect that Council Member Freiberg voted no; and
removal of Approval of 2012-2016 Capital Improvement Program and 2013-14 Pavement
Management Program - Call for Feasibility Studies and Authorization to Sign Agreements
with Short Elliott Hendrickson for Engineering Services.
*Approval of Minutes - Citv Council Meetinq - September 20, October 4, and October
18, 2011
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
City Council Meeting minutes of September 20 and October 4, 2011 as submitted; and City
Council Meeting minutes of October 18, 2011 as amended: First Consideration - Ordinance
#473 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement
(Except for Dangerous and Potentially Dangerous Dogs) amend minutes to reflect that
Council Member Freiberg voted no.
*Approval of Check Repister
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
Regular Meeting of the City Council
December 6, 2011
Page 2
*Solicitor's License - The Window Store Home Improvements, Inc.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for The Window Store Home Improvements, Inc.
*Solicitor's License - Halverson's
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Halverson's.
*Gamblinq License Exemption and Waiver of Notice Requirement - Cedarcrest
Academv
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Cedarcrest Academy.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - October 24, 2011
Human Services Foundation - October 11, 2011
Environmental Commission - October 24, 2011
Envision Connection Project Board of Directors - August 18, 2011
Open Space and Recreation Commission - October 24, 2011
Police Vehicles - Quotes
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
purchase of four Ford Police Interceptor vehicles from Nelson Auto Center, through the
State of Minnesota Squad Car Contract for $116,244.86.
*Second Consideration - Ordinance #475 - Establishinq A 2012 Master Fee Schedule
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 475, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing A 2011 Master Fee Schedule
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on
Second Consideration, Ordinance #475, 2nd Series. The vote was as follows:
FREIBERG - YES LOOMIS - YES PENTE� - YES SCANLON - YES SHAFFER - YES
Regular Meeting of the City Council
December 6, 2011
Page 3
Approval of 2012-2016 Capital Improvement Proqram
Mayor Loomis requested the item be removed to clarify a statement made in the October
24, 2011 Planning Commission minutes. She stated that the Bassett Creek bank
improvements listed in the CIP are funded by the Bassett Creek Watershed Management
Commission (BCWMC) and there is a cost to the City because the City pays an annual
assessment to the BCWMC and they also have taxing authority for the district.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-65
RESOLUTION APPROVING 2012-2016 CAPITAL IMPROVEMENT 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.
*Adoptinq the 2012-2013 Budqet for Enterprise, Special Revenue and Internal
Services Funds
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-66
RESOLUTION ADOPTING THE 2012-2013 BUDGETS FOR ENTERPRISE,
SPECIAL REVENUE AND INTERNAL SERVICE FUNDS
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.
*Acceptinq Donations for Michelle Bix Garden
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-67
RESOLUTION ACCEPTING DONATIONS FOR THE MICHELLE BIX GARDEN
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.
Regular Meeting of the City Council
December 6, 2011
Page 4
*Appointinq Commissioner of Transportation as Citv's Aqent for Transportation
Federal Aid Funds
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-68
RESOLUTION APPOINTING COMMISIONER OF TRANSPORTATION
AS THE CITY OF GOLDEN VALLEY'S AGENT FOR FEDERAL AID FUND
RELATED TO TRANSPORTATION
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.
*Receipt of October 2011 Financial Reports
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the October 2011 Financial Reports.
2013-14 Pavement Manaqement Proqram - Call for Feasibilitv Studies and
Authorization to Siqn Aqreements with Short Elliott Hendrickson for Enqineerinq
Services
Council Member Freiberg asked if the Council will be discussing splitting the pavement
management program into a two year program at a future meeting. Thomas Burt and
Jeannine Clancy answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 11-69
RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR
CITY IMPROVEMENT PROJECT 13-01
2013 PAVEMENT MANAGEMENT PROGRAM
AND
CITY IMPROVEMENT PROEJCT 14-01
2014 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.
Regular Meeting of the City Council
December 6, 2011
Page 5
2013-14 Pavement Manaqement Proqram - Call for Feasibilitv Studies and
Authorization to Siqn Aqreements with Short Elliott Hendrickson for Enqineerinq
Services - Continued
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
City Manager to sign agreements with SEH, Inc. for engineering services for an amount not
to exceed $224,500 for 2013 Pavement Management Program and $224,500 for the 2014
Pavement Management Program.
Public Hearinq - Second Consideration - Ordinance #474 -Amendinq Section 6.34,
Subdivision 13(B�, Administration Civil Penalties: Tobacco Licensee
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 474, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties:
Tobacco Licensee
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and
answered questions from the Council. Thomas Burt 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.
MOVED by Pentel, seconded by Shaffer and motion carried to approve on Second
Consideration, Ordinance #474, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS - YES PENTEL - YES SCANLON - NO SHAFFER - YES
Council requested staff research, for discussion at a future meeting, the suggestion that
the penalty for violation of the tobacco ordinance be based on the percentage of tobacco
sales at their retail location. Council also asked staff to compare the difference between
the penalties for violation of the tobacco license and liquor license ordinances.
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #66 - JLO -Amendment#4 -
7200 Wavzata Boulevard - Jeff Lupient, Applicant
Ken Nordby, reviewed the preliminary plan and answered questions to the council.
Steve Schmidgall presented the Planning Commission report.
Joe Hogeboom, City Planner, introduced the agenda item.
Regular Meeting of the City Council
December 6, 2011
Page 6
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #66 -JLO -Amendment#4 -
7200 Wavzata Boulevard -Jeff Lupient, Applicant - 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 Pentel, seconded by Freiberg and motion carried unanimously to approve the
Preliminary Design Plan, Lupient Infiniti PUD No. 66, Amendment #4 subject to the following
conditions:
1. The plans submitted with the application shall become a part of this approval. These
plans were prepared for Lupient Automotive Group and include the following: existing
and demolition site plan, proposed site plan, existing floor plans, orientation plans floor
plans - building A, floor plans - building B and exterior elevations.
2. The Landscape Site Plan requested by the Planning Commission and dated November
22, 2011 shall become part of this approval.
3. The applicant shall stripe a pedestrian walkway from its handicap parking stalls to the
front entrance of the building.
4. All recommendations and requirements outlined in the memorandum from Deputy Fire
Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated
September 27, 2011 shall become a part of this approval.
5. All signs on the property must meet the requirements of the City's Sign Code.
6. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Public Hearinq - Ordinance #476 - Rezoninq from Sinqle Familv Residential Zoning
District (R-1) to Medium Densitv Residential Zoninq District (R-3i - 1100, 1170, 1200 and
1300 Douqlas Drive North
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 476, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Single Family Residential Zoning District (R-1)
to Medium Density Residential Zoning District (R-3)
1100, 1170, 1200 and 1300 Douglas Drive North
Joe Hogeboom, Planner, introduced the agenda item and answered questions from the
Council.
Steve Schmidgall presented the Planning Commission report.
Regular Meeting of the City Council
December 6, 2011
Page 7
Public Hearinq - Ordinance #476 - Rezoninq from Sinqle Familv Residential Zoninq
District (R-1) to Medium Densitv Residential Zoninq District (R-3) - 1100, 1170, 1200 and
1300 Douqlas Drive North
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 Shaffer and motion carried to approve Ordinance #476,
2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearinq -Adoption of 2011 Propertv Tax Levy Pavable 2012 and 2012-2013
General Fund Budqet
Sue Virnig, Finance Director, reviewed the budget and answered questions from the
Council. Thomas Burt 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.
Bruce Johnson, 6842 Olympia Street, had questions about firemen's shortfall in pension;
how did we get into that situation; bonded debt levy; equipment certificates; general fund
reserves; investment fund; what returns are we getting; roundabout on Sandburg and
Douglas Drive.
Vic Harvath, 5901 Laurel Avenue, #129; had questions about fire trucks; feels that fiscally
the financial picture does not look good for the next five to ten years; that all governmental
agencies should really look at how they are spending their tax dollars; with the property
values declining and foreclosures that will have an impact on the tax revenue that are
coming in and thanked the Council for their hard work.
The Mayor closed the public hearing.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 11-70
RESOLUTION ADOPTING THE 2012 BUDGET
OF THE GENERAL FUND BUDGET
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.
Regular Meeting of the City Council
December 6, 2011
Page 8
Public Hearinq -Adoption of 2011 Propertv Tax Levv Pavable 2012 and 2012-2013
General Fund Budpet - Continued
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 11-71
RESOLUTION ADOPTING THE 2011 PROPERTY TAX LEVIES
FOR TAXES PAYABLE 2012
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.
First Consideration - Ordinance #477 -Amendment to Section 6.35 Reqardinq Waste
Hauler Contract and Licensinq Requirements
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 477, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 6.35 Regarding Waste Hauler
Contract and Licensing Requirements
Joe Hogeboom, City Planner, introduced the agenda.
MOVED by Pentel, seconded by Shaffer and motion carried to approve on First
Consideration, Ordinance #477, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG -YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Appointment to Environmental Commission
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Debra
Yahle to the Environmental Commission for a finro year term which expires May 1, 2013.
Announcements of Meetinqs
Some Council Members may attend the Planning Commission/Board of Zoning Appeals
Holiday Party on December 7, 2011 from 6 to 8 pm at the Brookview Grill.
Regular Meeting of the City Council
December 6, 2011
Page 9
Announcements of Meetinqs
Some Council Members may attend the Golden Valley Historical Society Meeting on
December 8, 2011 at 7 pm at the Golden Valley Historical Society.
A Special City Council meeting will be held on December 13, 2011 at 7 pm.
Some Council Members may attend the recognition event for the retiring Council Members
on December 15, 2011 at 9:30 am.
The Bassett Creek Watershed Management Commission meeting scheduled for
December 15, 2011 has been cancelled.
Some Council Members may attend the Jerry Bakken retirement celebration on December
19, 2011 at 9:30 am in the vehicle maintenance department.
The next City Council meeting will be held on December 20, 2011 at 6:30 pm.
Mavor and Council Communications
Mayor Loomis thanked the 125th Anniversary Committee for their work for the celebration
held on and for all events held during the year.
Mayor Loomis stated that she is the City's representative on the Bassett Creek Watershed
Management Commission and her term expires February 1 and recommended the Council
appoint an elected representative be appointed to fill the vacancy.
Council Member Shaffer stated he serves on the Metropolitan Council Land Use Advisory
Commission for District 6 and will continue to serve on that Commission and if the future
Council has any concerns they want to be brought up they should contact him.
Mayor Loomis announced that Allied Waste is delivering the new recycling bins to homes
within the City and residents are reminded to continue to use their current recycling bins
until the end of the year. Jeannine Clancy and Joe Hogeboom, City Planner, answered
questions regarding the current and future recycling program.
Thomas Burt updated the Council on the status of the Motor Vehicle Department.
Adiournment
The Mayor adjourned the meeting at 8:20 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant