03-15-05 CC MinutesRegular Meeting
of the
City Council
March 15, 2005
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, 2005 at 6:30 p.m.
The following members were present: Freiberg, Grayson, Loomis, Pentel and Shaffer.
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Golden Valley Days Art and Music Festival Presentation
Don Keysser and Luke Weisberg, Golden Valley Community Events Fund Co -Chairs,
reviewed the plans and activities scheduled for the Festival which will take place on May 20
and May 21, 2005 and answered questions from the Council.
Lego League Presentation
Mike Spitzack, Lego League Advisor, along with Lego League participants displayed a
portion of their presentation entitled "No Limits" showing how persons with disabilities
function within the full realm of our society, and answered questions from the Council.
The Council thanked the League for their presentation.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of March 15, 2005 as amended: Addition of Letters and Petitions - Letters from
Rachel Robinson and Robert McGowan Regarding Residential Flood Proofing Project 03-
14; and Addition of New Business - Support for Freedom to Breathe Act.
Citizen Input
Mayor Loomis introduced the agenda item.
David Beahrs, Jonathan Robert Fielding & Company, 7880 Highway 55, asked the Council
for an exemption from the Smoke Free Ordinance; stated he will have to go out of business
if he is not exempted; stated his customers are going to other smoke shops where they can
smoke; and doesn't want to be in a position to be responsible for anyone smoking 25 feet
in front of his store.
The Mayor continued the meeting.
Regular Meeting of the City Council
March 15, 2005
Page 2
Approval of Consent Agenda
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the agenda of March 15, 2005 as amended: Removal of Approval of Minutes - City
Council Meeting - March 1, 2005 and Council/Manager Meeting - March 8, 2005; Addition
of General Business License: #1833, Dairy Queen/Orange Julius; Removal of Minutes of
Boards and Commission - Planning Commission - November 22, 2004 and February 14
and 28, 2005; Environmental Commission - November 22, 2004 and January 24, 2005;
Building Board of Review - August 2, 2004; Human Rights Commission - November 11,
2004; Joint Water Commission - December 22, 2004 and Civil Service Commission - May
24, 2004; and Addition of Letters and Petitions - Letters from Rachel Robinson and Robert
McGowan Regarding Residential Flood Proofing Project 03-14.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes: City Council Meeting - March 1, 2005 and Council/Manager
Meeting - March 8. 2005
Mayor Loomis suggested changes to the City Council Meeting minutes of March 1, 2005.
MOVED by Loomis, seconded by Grayson and motion carried unanimously to approve the
City Council meeting minutes of March 1, 2005 as amended: Approval of Minutes, change
the date to February 15, 2005; Restricting Parking on Portion of Golden Valley Road
between Douglas Drive North and Zane Avenue North, correct the title of the Resolution;
and approve the Council/Manager meeting minutes of March 8, 2005 as submitted.
*Bills and Claims
MOVED by Grayson, seconded by Freiberg, and motion carried unanimously to authorize
the payment of the City bills as submitted.
*General Business Licenses
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize
the issuance of licenses as recommended by staff as amended: addition of License
#1833, Dairy Queen/Orange Julius.
*Gambling License Exemption and Waiver of Notice Requirement - Church of Christ
the King-
MOVED
ing
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Church of Christ the King.
Regular Meeting of the City Council
March 15, 2005
Page 3
*Gambling License Exemption and Waiver of Notice Requirement - Children's
HeartLink
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Children's HeartLink.
*Gambling License Exemption and Waiver of Notice Requirement - Golden Valley
Women of Today
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Golden Valley Women of Today.
*Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days
Art and Music Festival
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the fireworks display permit for the Americana Fireworks Display Company to discharge
aerial fireworks at the Golden Valley Days Art and Music Festival.
*Peddler's License - Cathy Waldhauser
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve
the peddler's license for Cathy Waldhauser.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Bassett Creek Water Management Commission - February 17, 2005
Minutes of Boards and Commissions
Council Member Pentel asked what the reason is for the delay in receiving some of the
minutes. Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
March 15, 2005
Page 4
Minutes of Boards and Commissions - Continued
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - November 22, 2004 and February 14 and 28, 2005
Environmental Commission - November 22, 2004 and January 24, 2005
Building Board of Review - August 2, 2004
Human Rights Commission - November 11, 2004
Joint Water Commission - December 22, 2004
Civil Service Commission - May 24, 2004
Staff was requested to distribute copies of unapproved minutes of boards and
commissions to the Council. Council Members were requested to forward copies to staff of
any minutes of a board or commission that they are the liaisons for and staff will distribute
them to the rest of the Council.
*Email from Liz Elder Regarding Resignation from Open Space and Recreation
Commission
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the email from Liz Elder, dated March 6, 2005, regarding her resignation from the Open
Space and Recreation Commission; and request the Mayor send her a letter of
appreciation in recognition for her service to the community.
*Letter from Rachel Robinson Regarding Residential Flood Proofing Project 03-14
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the letter from Rachel Robinson, dated March 9, 2005, regarding residential flood
proofing project 03-14.
*Letter from Robert McGowan Regarding Residential Flood Proofing Project 03-14
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the letter from Robert McGowan, dated March 11, 2005, regarding residential flood
proofing project 03-14.
Bids - Public Works Salt Storage Building
Council Member Pentel asked what the process is for deciding on the bids. Jeannine
Clancy answered questions from the Council.
Regular Meeting of the City Council
March 15, 2005
Page 5
Bids - Public Works Salt Storage Building - Continued
MOVED by Pentel, seconded by Grayson and motion carried unanimously to award the bid
for the construction of the Public Works salt storage building to the lowest responsible
bidder, American Liberty Construction for $284,986.00. The bids are as follows:
American Liberty Construction, Inc.
$284,986.00
Maertens Brenny Construction Co.
290,978.00
Greystone Construction Co.
304,000.00
Prestige Builders of Minnesota
306,000.00
Lund -Martin Construction, Inc.
306,000.00
Cottonwood Construction, Inc.
349,800.00
Gladstone Construction, Inc.
356,100.00
Jay Bros., Inc.
365,001.00
Merrimac Construction Companies, Inc.
369,833.00
Authorization to Sign Environmental Response Fund Grant Agreement with
Hennepin County - Sunnyridge Lane and Poplar Drive
Council Member Pentel had questions about soil testing, remediation plan, and costs.
Jeannine Clancy answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 05-20
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND
AND THE CITY OF GOLDEN VALLEY FOR THE
2002 PAVEMENT MANAGEMENT PROGRAM
(SUNNYRIDGE LANE AND POPLAR DRIVE)
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,
Grayson, Loomis, Pentel 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
March 15, 2005
Page 6
Authorization to Sian Agreement with WSB & Associates, Inc. for Easement Mapping
Phase II
Council Member Freiberg had questions about the impact of not continuing with the
easement mapping. Jeannine Clancy answered questions from the Council.
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the
City Manager to sign an agreement with WSB & Associates, Inc. for Phase II of the
easement mapping project at a cost not to exceed $100,000.
*Approval of Plat - Roland Addition
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-21
RESOLUTION FOR APPROVAL OF PLAT - ROLAND ADDITION
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,
Grayson, Loomis, Pentel 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 Final 2004 General Fund Budget Report and Fund Balance Analysis
MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and
file the Final 2004 General Fund Budget Report and Fund Balance Analysis.
Public Hearings - 03-14 Residential Flood Proofing Proiect and Special Assessment -
2005 Residential Flood Proofing
Jeff Oliver, City Engineer, presented the project and answered questions from the Council.
Jeannine Clancy and 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.
Regular Meeting of the City Council
March 15, 2005
Page 7
Public Hearings - 03-14 Residential Flood Proofing Project and Special Assessment -
2005 Residential Flood Proofing - Continued
Pam and John Woodruff, 2605 Scott Avenue North, stated they were surprised to get a
letter for the special assessment to their property; they thought there would be more
negotiating between them and the City; stated when the project is completed it would only
reduce the risk of flood by 8/10 of 1 %; they would still have to pay for flood insurance;
expressed concern for the loss of view from their property, they will see concrete driveway,
concrete slab, generator and lift station from their property; they will lose the view of the
creek; loss of use of their back and side yards and replaced with a wall and berm; they will
gain a sump pump but will be responsible for it; expressed concern about potential power
loss to the other sump pumps in the project; their appraiser stated they will loose $52,000
in property value but only gain $6,000 in benefit to the property; they submitted a written
objection to the special assessment; stated that other projects in the neighborhood have
already reduced the flood threat in the area; stated they have requested to see the
appraisal prepared by the City but have not received a copy of it; and stated their appraiser
has reviewed all the documents provided by the City.
Richard McGowan, 2655 Scott Avenue North, stated he was a hold-out for the project but
now he has signed the agreement; expressed concern that if the sump pumps go out
during a storm and there is no backup, the back yards will flood; feels the project should
not go forward until the pumps are guaranteed to be working with a reliable power source;
stated some of the back yards and homes have flooded because the pumps went out
during storms; and expressed concern over the loss of trees as the sound barrier to
Highway 100.
Lynn Elmer, 2725 Scott Avenue North, showed pictures of previous flooding in her yard;
feels this is a great opportunity to fix the problems in the neighborhood because there is
money available now and it may not be available at a later date.
Doug Svihel, 2735 Scott Avenue North, stated every time there is a big rain, his yard
becomes a holding pond for the City; stated he is losing his property because it is sinking,
feels the property values will increase if the project is completed; feels that every time there
is something built along Highway 169 the water displaced comes toward his neighborhood;
feels the problem needs to be solved and the project completed; stated that most of the
trees along Highway 100 near their property are junk trees and suggested cleaning the
trees out and planting good trees; stated his yard has been flooded in the past and is favor
of the project.
Valerie Sassi, 2675 Scott Avenue North, showed pictures of flooded front and back yards
after a rainstorm and stated they will lose some trees, but strongly supports the project.
The Mayor closed the public hearing.
Regular Meeting of the City Council
March 15, 2005
Page 8
Public Hearings - 03-14 Residential Flood Proofing Prosect and Special Assessment -
2005 Residential Flood Proofing - Continued
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 05-22
RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED
PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS
CITY IMPROVEMENT PROJECT 03-14
RESIDENTIAL FLOOD PROOFING
The motion for the adoption of the foregoing resolution was seconded by Member Grayson
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel 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.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Pam Woodruff, 2605 Scott Avenue North, stated she is not opposed to the project and
she wants to be dealt with fairly with regard to the special assessment.
The Mayor closed the public hearing.
Member Freiberg introduced the following resolution and moved its adoption, as
amended, change the total assessment to $35,000:
RESOLUTION 05-23
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
2005 RESIDENTIAL FLOOD PROOFING
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,
Grayson, Loomis, Pentel 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.
The Council did not consider Resolution 05-24, Resolution Authorizing the Acquisition by
Purchase or Condemnation of Certain Real Property Located at 2655 Scott Avenue North
for Public Improvements.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to direct staff
to establish a special maintenance district for residential flood proofing for the entire project
area.
Regular Meeting of the City Council
March 15, 2005
Page 9
Second Consideration - Ordinance #322 - Adding Section 6.48 "Sexually Oriented
Business Licensing"
The following ordinance was MOVED by Pentel, seconded by Grayson:
ORDINANCE NO. 322, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 6 Adding Section 6.48 "Sexually Oriented Business Licensing"
Thomas Burt introduced the agenda item and answered questions from the Council.
MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve on
Second Consideration, Ordinance #322, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Second Consideration - Ordinance #323 - Amendments to Section 4.20 Regarding
1-394 Corridor Signage and Administrative Penalties
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 323, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendments to Section 4.20 "Sign Permits and Regulations"
Regarding 1-394 Corridor Signage and Administrative Penalties
Mark Kuhnly, Chief of Fire and Inspections, introduced the agenda item and answered
questions from the Council.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on
Second Consideration, Ordinance #323, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Regular Meeting of the City Council
March 15, 2005
Page 10
Second Consideration - Ordinance #324 - Amendments to Chapter 10 Deletina
Section 10.51 "Control of Weeds and Vegetation" and Adding a New Section 10.51
"Lawn Maintenance"
The following ordinance was MOVED by Grayson, seconded by Shaffer:
ORDINANCE NO. 324, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 10 Deleting Section 10.51 "Control of Weeds and Vegetation"
And Adding Section 10.51 "Lawn Maintenance"
Jeannine Clancy introduced the agenda item and answered questions from the Council.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve on
Second Consideration, Ordinance #324, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Authorization to Sign Agreement with URS for 1-394 Corridor Planning Study
Thomas Burt introduced the agenda item and answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
City Manager to sign the Consultant Agreement with URS for the 1-394 Corridor Planning
Study.
Board/Commission Appointments and Reappointments
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the
following reappointments:
Planning Commission
Dave Cera 3 year term term expires - 3/1/08
Human Services Foundation
Eyleen Burnside 2 year term term expires - 4/1/07
Open Space and Recreation Commission
Kelly Kuebelbeck 3 year term term expires - 3/1/08
Regular Meeting of the City Council
March 15, 2005
Page 11
Board/Commission Appointments and Reappointments - Continued
Northwest Hennepin Human Services Council
David Bucher 1 year term term expires - 1/1/06
Council Assignment - Northwest Hennepin Human Services Council Executive Board
Scott Grayson 1 year term term expires - 1/1/06
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the
following reappointments:
Human Services Foundation:
Paul Flood
2 year term
Joanie Clausen
2 year term
Brenda Foster
2 year term
Larry Kennebeck
2 year term
Mike Freiberg
1 year term
Board of Zoning Appeals:
Mike Duff
Mike Sell
Dean McCarty
Don Hughes
Planning Commission:
Don Keysser
Les Eck
Buildina Board of Review:
term expires - 4/1/07
term expires - 4/1/07
term expires - 4/1/07
term expires - 4/1/07
term expires - 4/1/06
1 year term
term expires - 4/1/06
1 year term
term expires - 4/1/06
1 year term
term expires - 4/1/06
1 year term
term expires - 4/1/06
3 year term term expires - 3/1/08
3 year term term expires - 3/1/08
Tom Parker 3 year term term expires - 3/1/08
Venora Hung 3 year term term expires - 3/1/08
Environmental Commission:
Tracy Anderson 3 year term term expires - 3/1/08
Open Space and Recreation Commission:
Chuck Cahill 3 year term term expires - 3/1/08
Roger McConico 3 year term term expires - 3/1/08
Business
Business
Citizen -at -large
Community organization
Council Member
Alternate
Regular Meeting of the City Council
March 15, 2005
Page 12
Announcements of Meetings
The next Bassett Creek Water Management Commission will be held on March 17, 2005 at
noon.
A Legislative Breakfast will be held on March 19, 2005 at Crystal City Hall at 9:00 a.m.
The Council will tour the Allianz Building on March 29, 2005 beginning at 6:00 p.m.
The next City Council meeting will be held on April 5, 2005 at 6:30 p.m.
The next Housing and Redevelopment Authority Meeting will be held on April 12, 2005 at
6:30 p.m. followed by a Council/Manager meeting.
The Human Services Foundation Run the Valley event will be held on April 16, 2005 at
8:30 a.m. at Meadowbrook Elementary School.
The next City Council meeting will be held on April 19, 2005 at 6:30 p.m.
The next Bassett Creek Water Management Commission will be held on April 21, 2005 at
noon.
The next City Council meeting will be held on May 3, 2005 at 6:30 p.m.
A PRISM Breakfast will be held on March 29, 2005 at the Golden Valley Country Club at
7:30 a.m.
Mayor and Council Communications
Mayor Loomis stated she received a letter from the Metropolitan Council Transportation
Advisory Board about changes to the bus routes.
Mayor Loomis stated she received a letter from the City of Robbinsdale regarding a
Wellhead Protection Program.
Support for Freedom to Breathe Act
Mayor Loomis introduced the agenda item and answered questions from the Council.
Regular Meeting of the City Council
March 15, 2005
Page 13
Support for Freedom to Breathe Act - Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 05-25
RESOLUTION OF SUPPORT FOR A FREEDOM TO BREATHE ACT
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 and Shaffer; and the following voted against the same: Grayson,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Adiournment
The Mayor adjourned the meeting at 9:25 p.m.
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ATTEST:
*dNall , Administr ve Assistant