09-04-12 CC Minutes Regular Meeting
of the
City Council
September 4, 2012
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golder�Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on September 4, 2012 at 6;30 pm.
The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also
present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pledge of Alleqiance
Jane Byrne, Principal, Noble Elementary School; and Kim Heil, Principal, School of
Engineering and Arts at Olson School; introduced themselves and gave an overview of the
activities surrounding the first day of school.
The Pledge of Allegiance was recited.
Board/Commission Oath of Office and Presentation of Certificate ofAppointment
Mayor Harris administered the oath of office and presented a Certificate of Appointment,
mug and city pin to: Andrew Johnson, Board of Zoning Appeals, Peggy Watkins Human
Services Fund and, Kathryn Frommer, Human Services Fund. Alan Inger, Human Services
Fund was unable to attend.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of September 4, 2012 as amended: additional background material was
distributed.
Approval of Consent Aqenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of September 4, 2012 as amended: removal of Authorization to Sign 2012
Minnesota Department of Transportation Community Roadside Landscaping Partnership
Program Agreement for Highway 55 Lilac Planting and Authorization to Rescind No Parking
Restrictions and Establish New No Parking Restrictions - Portion of General Mills
Boulevard.
Approval of Minutes - Council/Manaqer Meetinq - Aupust 8, 2012 and Special Citv
Council Meetinq -Auaust 21, 2012
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
Council/Manager Meeting minutes of August 8, 2012 and the Special City Council Meeting
of August 21, 2012 as submitted.
Regular Meeting of the City Council
September 4, 2012
Page 2
*Approval of Check Reqister
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*Solicitor's License - NARAL Pro-Choice Minnesota
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for NARAL Pro-Choice Minnesota.
*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 - August 13, 2012
Joint Water Commission - July 11, 2012
Board of Zoning Appeals - July 24, 2012
Environmental Commission - July 30, 2012
Human Rights Commission Task Force - August 9 and 20, 2012
Bassett Creek Watershed Management Commission - June 21, 2012
*Anti-Icinq Salt Brine Production Equipment
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to purchase a
Brine Boss Automated Cabinet Upgrade ($57,579.10) and Blend Boss Automated Blending
System ($20,540.25) from VeriTech through the State of Minnesota contract for a total af
$78,119.35.
*Call for Public Hearinq - Host Approval for Issuance of Revenue Obliqations - Cities
of Minnetonka and St. Louis Park for Breck School - 10/2/12
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-60
RESOLUTION CALLING A PUBLIC HEARING FOR THE PURPOSE OF
PRQVIDING HOSTAPPROVAL FOR THE ISSUANCE OF REVENUE OBLIGATIONS
BY THE CITIES OF MINNETONKA AND ST. LOUIS PARK TO FINANCE
THE CONSTRUGTION AND EQUIPPING OF SCHOOL FACILITIES BY
BRECK SCHOOL PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152
THROUGH 469.1651, AS AMENDED
Regular Meeting of the City Council
September 4, 2012
Page 3
*Call for Public Hearinq - Host Approval for Issuance of Revenue Obliqations - Cities
of Minnetonka and St. Louis Park for Breck School - 10/2/12 - Continued
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupan said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk. '
*Call for Public Hearinq - Certification of Special Assessments - Delinquent Utility
Bills and Miscellaneous Charqes - 10/2/12
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to call a public
hearing far certification of special assessments for delinquent utility bills and miscellaneous
charges for October 2, 2012 at 7 pm.
Authorization to Siqn 2012 Minnesota Department of Transportation Communitv
Roadside Landscapinq Partnership Proqram Aqreement for Hiqhwav 55 Lilac
Plantinq
Council Member Pentel highlighted the partnership between MnDOT and the Bridge
Buitder group.
Member Pentel intraduced the following resolution and moved its adoption:
RESOLUTION 12-61
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE
LANDSCAPING PARTNERSHIP PROGRAM - HIGHWAY 55 LILAC PLANTING
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayar
and his signature attested by the City Clerk.
*Call for Public Hearinq - Existinq Platted Easement Vacation - 4900 Triton Drive -
9/19/12
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 12-62
RESOLUTION ESTABLISHING A PUBLIC HEARING ON SEPTEMBER 19, 2012
TO CONSIDER VACATION OF ALL EXISTING PLATTED EASEMENTS IN LOT 6, LOT 7,
LOT 14,LOT 15, LOT 16, AND LOT 17, OF BLOCK 8, OF THE WOODLAWN PARK PLAT
4900 TRITON DRIVE
Regular Meeting of the City Council
September 4, 2012
Page 4
*Call for Public Hearinq - Existinq Platted Easement Vacation - 4900 Triton Drive -
9/19/12 - Continued
The motion for the adoption of the foregoing resolution was seconded by Member Clausen
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayar
and his signature attested by the City Clerk.
Authorization to Rescind No Parkinq Restrictions and Establish New No Parkinq
Restrictions - Portion of General Mills Boulevard
Council Member Clausen had questions regarding the restrictions. Jeannine Clancy
answered questions from the Council.
Member Glausen introduced the following resolution and moved its adoption:
RESOLUTION 12-63
RESOLUTION RECINDING RESTRICTION OF VEHICLE PARKING ON
GENERAL MILLS BOULEVARD FROM TRUNK HIGHWAY 55
TO A POINT 500 FEET SOUTH AND ESTABLISHING A NO PARKING ZONE
ON BOTH SIDES OF GENERAL MILLS BOULEVARD FROM
TRUNK HIGHWAY 55 SOUTH TO WAYZATA BOULEVARD
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the fo(lowing voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Public Hearinq - 4rdinance #486 - Conditional Use Permit#132 - 8806 7th Avenue
North - Brian Ammann, Minnesota School of Basketball, Applicant
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 486, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit No. 132
8806 7th Avenue North
Brian Ammann, Minnesota School of Basketball, Applicant
Brian Ammann, Minnesota School of Basketball, Applicant, reviewed his Conditional Use
Permit request and answered questions from the Council.
Regular Meeting of the City Council
September 4, 2012
Page 5
Public Hearinc� Ordinance #486 - Conditional Use Permit'#132 - 8806 7th Avenue
North - Brian Ammann, Minnesota School of Basketball, Applicant - Continued
Dave Cera presented the Planning Commission report and answered questions from the
CounciL
Joe Hogeboom, City Planner, presented the staff 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt
Ordinance #486, 2nd Series. Upon a roll call vote, the vote was as follows:
GLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Public Hearinq - Amendment to General Land Use Plan Map - Re-designatinq 9130
and 9220 Olson Memorial Hiphwav - Commercial-Retail to Residential-Hiph Densitv
Dave Cera presented the Planning Commission report and answered questions from the
Council.
Joe Hogeboom, City Planner, presented the staff report and answered questions from the
Council.
Frank Dunbar, Tiburon 55 LLC, requested approval of the re-designation, reviewed the
plans proposed for the site 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. Hearing and seeing no one the
Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-64
RESOLUTION FOR AMENDMENT TO THE
COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING
PROPERTIES LOCATED AT 9130 AND 9220 OLSON MEMORIAL HIGHWAY
Regular Meeting of the City Council
September 4, 2012
Page 6
Public Hearinq - Amendment to General Land Use Plan Map - Re-designatinq 9130
and 9220 Olson Memorial Hiqhwav - Commercial-Retail to Residential-Hiqh Densitv -
Continued
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Public Hearinq - Ordinance #487 - Rezoninct from Commercial Zoninq District to Hiqh
Density Residential Zoninq District (R-4) - 9130 and 9220 Olson Memorial Hiqhwav -
Tiburon 55 LLC, Applicant
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 487, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Commercial Zoning District to
High Density Residential Zoning District (R-4)
9130 and 9220 Olson Memorial Highway
Tiburon 55 LLC, Applicant
Frank Dunbar, Tiburon 55 LLC, Applicant, reviewed the proposed development plans for
the site and answered questions from the Council.
Dave Cera presented the Planning Commission report and answered questions from the
CounciL
Joe Hogeboom, City Planner, presented the staff 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt
Ordinance #487, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Regular Meeting of the City Council
September 4, 2012
Page 7
Adoptinq Proposed 2013 Budqet and Tax Levies Pavable in 2013
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
The Mayor apened 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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-65
RESOLUTION ADOPTING A PROPOSED 2013 BUDGET
AND PROPOSED TAX LEVIES PAYABLE IN 2013
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Set Date for Hearinq - 2013-2014 Budqet and 2013 Propertv Tax Levy - 12/4/12
Mayor Harris introduced the agenda item.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to set the date
af the Truth in Taxation public hearing for Tuesday, December 4, 2012 at 7 pm.
Announcements of Meetinqs
Some Council Members may attend the Metro Cities Forum on September 6, 2012 at 6:30
pm at the League of Minnesota Cities offices.
The next Council/Manager meeting will be held on September 11, 2012 at 6:30 pm.
The next Human Rights Commission Task Force meeting will be held on September 13,
2012 at 6 pm.
Some Council Members may attend the Golden Valley Historical Society Meeting on
September 13, 2012 at 7 pm at the Golden Valley Historical Society.
The next City Gouncil meeting will be held on Wednesday, September 19, 2012 at 6:30
pm.
Regular Meeting of the City Council
September 4, 2012
Page 8
Announcements of Meetinqs - Continued
A Bassett Creek Water Management Commission meeting will be held on September 20,
2012 at 11:30 am.
Some Council Members may attend the Lilac Planting Party on September 22, 2012 at
8:30 am at 9010 Olson Memorial Highway.
Mavor and Council Communications
Mayor Harris outlined the neighborhood meetings he was invited to and extended the
invitation to any other Council Members who wish to attend:
September 20, 2012 - Mibs Pearson, 8115 Plymouth Avenue - 7 pm
September 27, 2012 - Jeanne and Iver Iverson, 1437 Orkla Drive - 7 pm
October 23, 2012 - Jane �jerstad, 5420 Circle Down - meeting to be held at Brown and
Garlson, 5411 Circle Down - 7 pm.
Council Member Freiberg updated the Council on the meeting he attended which was the
Minneapolis Water Commission meeting and Golden Valley Historical Society Meeting.
Council Members Freiberg and Scanlon attend the Olson School Open House and
welcomed the students on the first day of school.
Council Member Scanlon requested that any Council Member who attends a neighborhood
meeting/gathering and/or assigned committee meeting update the other Council Members
of any items of interest or concerns expressed at those meetings. Allen Barnard also
stated that if there is a quorum of the Council at any meetings the meeting needs to be
publicly posted.
Council Member Scanlon requested the Council discuss and get an update on the Council
goals at the September Council/Manager Meeting.
Council Member Pentel requested the Council discuss Mayor/Council Communications
Policy at the September Council/Manager Meeting.
Adiournment
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to adjourn the
meeting at 8 pm.
Shepard M. Harris, Mayor
Regular Meeting of the City Council
September 4, 2012
Page 9
ATTEST:
Judy Nally, Administrative Assistant