11-15-11 CC Minutes Regular Meeting
of the
City Council
November 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 November 15, 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.
Receipt of Human Services Fund 2012 Allocation Report
Connie Sandler Human Services Fund Chair reviewed the allocation report.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the 2011 Allocation Report.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
sending the allocation letters to the organizations involved stating the allocation amount.
The Council thanked the Human Services Fund for their service to the community.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of November 15, 2011 as amended: Addition of Human Rights Commission and
the Council will go into an Executive Session to discuss the Dargi lawsuit and to conduct
the City Manager performance review.
Approval of Consent Aqenda
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
consent agenda of November 15, 2011 as amended: removal of Bassett Creek Watershed
Management Commission minutes - September 15, 2011 and Proclamation for 125th
Anniversary of the Founding of the City.
*Approval of Minutes - Council/Manaqer Meetinq - October 12, 2011
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to apprave the
Council/Manager of October 12, 2011 as submitted.
*Approval of Check Reqister
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City bills as submitted.
Regular Meeting of the City Council
November 15, 2011
Page 2
*General Business Licenses
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Gamblinq License Exemption and Waiver of Notice Requirement - Good Shepherd
Church
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Good
Shepherd Church.
Minutes of Boards and Commissions
Council Member Pentel recognized and thanked Mayor Loomis for the service has given to
the Bassett Creek Watershed Management Commission while serving as the City's
representative.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Bassett Creek Watershed Management Commission - September 15, 2011
*Vactor Truck - Quotes
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
purchase from the Minnesota Materials Management Division of a 2011 Vactor 2100 Plus
from MacQueen Equipment, Inc. for $247,244.94 and freightliner tandem axle cab and
chassis from I-State Truck Center, Inc. for $101,831.84.
*Authorization to Siqn Aqreement with Hammel Green & Abrahamson, Inc. for
Security Svstem Plan Desiqn
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize
agreement for professional services with Hammel Green &Abrahamson, Inc. for the
design of security improvements at City-owned facilities with a cost not to exceed $70,500.
Proclamation for 125th Anniversarv of the Foundinq of the Citv
Council Member Pentel requested the Mayor read the proclamation.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
Proclamation for the Celebration of the 125th Anniversary of the Founding of the City of
Golden Valley on December 2, 2011.
Regular Meeting of the City Council
November 15, 2011
Page 3
*Call for Administrative Hearinq -Atcohol Compliance Check Violation - Chipotle
Mexican Grill - 12/6/11
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-62
RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON
ALCOHOL SALES VIOLATION - CHIPOLTE MEXICAN GRILL
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.
Public Hearinq -Authorization of Municipal Consent for pouplas Drive Lavout
befinreen Hiqhwav 55 and Medicine Lake Road
Jeannine Clancy introduced the agenda item and answered questions from the Gouncil.
Jupe Hale, WSB and Craig Twinem, Hennepin County, answered questions from the
Council. 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.
Armand Maanum, 2300 Douglas Drive North, stated he doesn't like roundabouts, feels the
reconstruction is a waste of money; wanted to know how the roundabouts would be in the
winter and feels there would be a lot of accidents; stated his house is the only one that will
be taken for the project and objects to the taking of his property; thought that Douglas
Drive was fine with four lanes of traffic and should not have been changed to three lanes;
and doesn't think anyone will use the bike lanes.
Alan Gusek, 6130 Westbrook Road, stated he travels a lot and has driven in a lot of
roundabouts; stated the vast majority of them exist where the motorists have never know
an alternative form of intersections; people have grown up with them and know how to
navigate them; wanted to know if roundabouts on Douglas Drive will benefit the area;
wanted to know the difference in costs; suggested that roundabouts not be put in either
location; expressed concern over safety and asked how seniors and handicapped will be
able to cross the intersections; asked how the redesign will impact the surrounding
homeowners; suggest that the timing be changed on Golden Valley Road and Douglas
Drive as the timing favors traffic on Douglas Drive; suggested efiminating the traffic light on
Douglas Drive and Sandburg and put in a stop sign; had questions about the safety
statistics for roundabouts and the comparison of safety between a traditional light and
roundabouts; and stated he lives near Sandburg and he does not see a safety issue.
Regular Meeting of the City Council
November 15, 2011
Page 4
Public Hearinq -Authorization of Municipal Consent for pouqlas Drive Layout
between Hiqhwav 55 and Medicine Lake Road - Continued
Vic Harvath, 5901 Laurel Avenue, #129, distributed information about the national and
federal budget; wants each governmental agencies to look for ways to reduce spending on
each level of government; stated people avoid the roundabout at 66th and Portland; stated
residents are feeling the burden of having to pay for taxes and e�ra fees; stated the
project looks nice but do we really need it; had questions about the retaining walls, how
high will they be; do residents know that they will be put there; feels the light signal at
Highway 55 and Douglas Drive needs to be changed because you don't have much time to
drive through the intersection an suggested the yellow caution light should be longer.
Linda Johnson, 2417 Douglas Drive, stated she is not surprised there are not many people
at the public hearing; stated the notice for the open house was benign and if the notice had
more information about how the project would affect their property more people would of
attended; was surprised to see the impact on their property; requested the map be put on
the web site and wanted a copy of the map but was unable to obtain one; doesn't feel it is
necessary to take such a large swath of land for the road; wanted to know if the plan
approved tonight is the same one that was shown at the open house; requested the
Council go back and reconsider how wide the roadway will be; stated that 30-40 feet of her
front yard will be taken and requested the design be changed not to take that much of the
yard; feels that because there is so much traffic on Douglas Drive that installation of a
roundabout would not be effective in the area; asked what are they going to do about the
wells under the rocks; stated she is not asking for the boulevard to be reduced just for her
yard but feels there are other property owners that will be effected worse than her yard and
should be reduced along her block; and reviewed the plans for the use of Sandburg
School.
Chip Johnson, 2417 Douglas Drive, wanted to know how the traffic flow figures were
gathered; where the traffic comes from; how many bikers use the bike lane; where will the
traffic go during construction; how will he get to his house; feels that no one knows how to
drive in a roundabout because no one is ever trained to use one in driver training
Trees and impact of taking on property
Dale Bates, 6140 Golden Valley Road, asked how the traffic goes around the roundabout if
there are two lanes of traffic traveling southbound on Douglas Drive and one person wants
to stay on Douglas Drive and the other person wants to go east on Golden Valley Road;
thinks the person on the inside will expect that person to be traveling on Douglas Drive and
there is going to be an accident, and doesn't understand how two lanes of traffic can go
around the roundabout and go in different directions.
Regular Meeting of the City Council
November 15, 2011
Page 5
Public Hearinq -Authorization of Municipal Consent for pouqlas Drive Lavout
between Hiqhwav 55 and Medicine Lake Road - Continued
John Giese, 500 Yosemite Avenue North, but also has an interest in the property at 5545
Golden Valley Road, does not agree with the roundabout installation at Douglas Drive and
Sandburg Road, thinks taking the traffic light out and putting in a stop sign would be a
better idea; not against roundabouts and understands the uses for them but expressed
concern over the safety of pedestrians crossing the one at Golden Valley Road and
Douglas Drive, also concerned about the safety of children, seniors handicapped and blind
persons trying to get across the roundabout, stated the light at Winnetka Avenue North and
Golden Valley has a signal that tells you how much time you have to get across the street,
concerned for safety of children getting across the roundabout if they are on their bikes; at
the intersection of Highway 55 by the Perpich Center you only have about 7 seconds to get
across and if there are 10 cars there you usually have to wait 2 stoplights to get across;
suggested a flag pole with a POW/MIA flag be installed in the center of the Golden Valley
Road and Douglas Drive roundabout and stated he would be willing to donate money for
the flag pole.
The Mayor closed the public hearing.
Member Shaffer introduced the following resolution and moved its adoption, as amended:
add the following to the last paragraph, "with the condition that staff evaluate the
opportunity to reduce right-of-way impacts by adjusting lane widths or boulevard widths to
the extent possible, while maintaining the vision set for the corridor in the Douglas Drive
Corridor Study."
RESO�UTION 11-63
RESOLUTION AUTHORIZING MUNICIPAL CONSENT FOR PROPOSED
PROJECT 10-4, CSAH 102 (DOUGLAS DRIVE) LAYOUT 2
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.
Public Hearinq -Amendment to General Land Use Plan Map - Re-desiqnatinq
Properties befinreen Harold Avenue. Winnetka Avenue, Olson Memorial Hiqhwav and
Spirit of Hope Methodist Church from Medium Hiqh Density Residential to Low
Density Residential and Re-desiqnatinq Properties befinreen Harold Avenue,
Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church
from Medium Low Densitv Residential to Low Densitv Residential
Joe Hogeboom, City Planner, presented the amendment and answered questions from the
Council.
Regular Meeting of the City Council
November 15, 2011
Page 6
Public Hearinq -Amendment to General Land Use Plan Map - Re-desiqnatinq
Properties befinreen Harold Avenue, Winnetka Avenue, Olson Memorial Hiqhwav and
Spirit of Hope Methodist Church from Medium Hiqh Densitv Residential to Low
Density Residential and Re-desiqnatinq Properties between Harold Avenue,
Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church
from Medium Low Densitv Residential to Low Densitv Residential - Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Julie Paris, Attorney, Larkin Hoffman, representing the Ridgedale Group, property owner of
7732 Harold Avenue, objects to the proposed land use map amendment and re-designation
of the properties, stated in 2008 the properties were considered as a potential for
redevelopment for higher density and over the last three years those economics have not
changed and the potential for redevelopment on this site is still there and the city has
received applications in the past that would of brought some higher density housing to these
areas, her clients concerns are with area A, the client wanted to point out there is some
deterioration of some of the properties area, there has not been redevelopment or
investment in these single family homes, the majority of them are rental housing; feels a
change to low density will freeze the redevelopment and reinvestment opportunities; the
issue will just keep recycling itself and the deterioration of the properties will just continue;
the client understands that some property owners are concerned over the transition to
higher density; stated the comprehensive plan is a future planning tool and feels there is no
need to go back to a lower density designation; the appropriate designation may not be a
medium high designation and it may be the medium low density designation and stated
without the density you are not going to get the infrastructure and redevelopment and the
likely of getting a single family development is slim to none.
Erik Pederson, 130 Louisiana Avenue North, reminded the Council that they had 350
signatures from the neighborhood on the petition who opposed the re-designation and less
than five that were in favor of the proposal; feels there was a lack of communication to the
neighborhood; there is a safety factor as the neighborhood could not support any kind of
development with an increase in traffic; stated the neighborhood spoke loud and clear
against the re-designation; feels the designation should be R-1 and let any individual
property owner bring in a request to designate their property R-2.
Steve Adams, 11111 Sumac Lane, Minnetonka, stated he serves on the Planning
Commission, stated his drives by this area along and is familiar with how you stimulate
development; feels going back to R-1 is unrealistic; feels there is no demand for R-1;
stated even medium density housing is a mistake; a developer would have a hard time
getting funding for R-1 housing; financing is available for rental and senior housing; if it is
designated as R-1 it means that this area will go undeveloped for five to ten years.
Regular Meeting of the City Council
November 15, 2011
Page 7
Public Hearinq -Amendment to General Land Use Plan Map - Re-desiqnating
Properties befinreen Harold Avenue, Winnetka Avenue, Olson Memorial Hiqhwav and
Spirit of Hope Methodist Church from Medium Hiqh Densitv Residential to Low
Density Residential and Re-desiqnatinq Properties between Harold Avenue,
Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church
from Medium Low Density Residential to Low Densifiy Residential - Continued
Perry Thom, 320 Louisiana Avenue North, stated he is not sure anyone from Minnetonka
has any experience to be describing the neighborhood where he lives; feels there would be
people who would build a single family home in the area and stated he built a new home
about eight years ago; stated there already is a lot of senior housing in the City; and urged
the Council to re-designate to R-1.
The Mayor closed the public hearing.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 11-64
RESOLUTION FOR AMENDMENT TO THE
COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP
RESPECTING THE FOLLOWING PROPERTIES
AREA A - RE-DESIGNATING PROPERTIES BETWEEN HAROLD AVENUE,
WINNETKA AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE
UNITED METHODIST CHURCH FROM MEDIUM-HIGH DENSITY RESIDENTIAL
TO LOW DENSITY RESIDENTIAL
AREA B - RE-DESIGNATING PRC)PERTIES BETWEEN HAROLD AVENUE,
GLENWOOD AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE
UNITED METHODIST CHURCH FROM MEDIUM-LOW DENSITY RESIDENTIAL
TO LOW DENSITY RESIDENTIAL
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 and Scanlon; and the following voted against the same: Shaffer,
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
November 15, 2011
Page 8
Public Hearinq - First Consideration - Ordinance #474 -Amendinq Section 6.34,
Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee
The following ordinance was MOVED by Pentel, seconded by Freiberg:
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/Inspection Services, introduced the agenda item and answered
questions from the Council. Thomas Burt and Allen Barnard answered questions from the
Council.
MOVED by Pentel, seconded by Freiberg and motion carried to approve on First
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
Second Consideration - Ordinance #473 -Amendinq Section 10.30, Reqarding
Discontinuance of Doq Licensinq Requirement (Except for Danqerous and
Potentiallv Danqerous Doqs)
The following ordinance was MOVED by Pentel, seconded by Scanlon:
ORDINANCE NO. 473, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement
(Except for Dangerous and Potentially Dangerous Dogs)
Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the
Council. Allen Barnard answered questions from the Council.
MOVED by Pentel, seconded by Scanlon and motion carried to approve on Second
Consideration, Ordinance #473, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - NO
MOVED by Pentel, seconded by Shaffer and motion carried to approve publication of the
Summary of Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of
Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs).
Council Member Shaffer voted no.
Regular Meeting of the City Council
November 15, 2011
Page 9
First Consideration - Ordinance #475 - Establishinq A 2012 Master Fee Schedule
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 475, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing A 2011 Master Fee Schedule
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Thomas Burt answered questions from the Council.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve on
First Consideration, Ordinance #475, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Human Riqhts Commission Status
Mayor Loomis introduced the agenda item. Allen Barnard was requested to review and
advise the Council on actions taken by certain members of the Human Rights Commission
and reviewed what disciplinary action the Council could take to remedy the situation and
reviewed the process and procedure the Council could consider.
MOVED by Shaffer, seconded by Scanlon and motion carried to:
1. To suspend all future meetings and operations of the Human Rights Commission
("HRC") until further notice, and
2. To notify the current members of the HRC that the Council will hold a special meeting
on December 6, 2011 at 5 pm to afford them an opportunity to explain their recent
actions prior to the Council's consideration of steps to rectify the situation which may
include discipline and/or removal of the HRC members.
Council Member Freiberg abstained.
Announcements of Meetinqs
An Executive Session to discuss a lawsuit will be held on November 15, 2011 after the City
Council meeting.
An Executive Session to conduct the City Manager performance review will be held on
November 15, 2011 after the previous Executive Session.
A Bassett Creek Watershed Management Commission meeting will be held on November
16, 2011 at 11:30 am.
Regular Meeting of the City Council
November 15, 2011
Page 10
Announcements of Meetinqs - Continued
The City Offices are closed on Thursday, November 24 and Friday, November 25, 2011 in
observance of Thanksgiving.
The Golden Valley 125th Commemorative Luncheon wilf be held on December 2, 2011 at
11:30 am at the Golden Valley Country Club.
A Special City Council meeting to conduct an administrative hearing on a liquor license
compliance check violation for Chipolte will be held on December 6, 2011 at 6 pm.
The next City Council meeting will be held on December 6, 2011 at 6:30 pm.
Mavor and Council Communications
Council Member Pentel stated that Jane Borchert passed away this past week and she
was one of the founding members of the Golden Valley League of Women Voters.
Adiournment
The Mayor adjourned the meeting at 10:53 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant