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12-02-08 Regular Meeting of the City Council December 2,2008 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 2, 2008 at 6:30 p.m. The following members were present: Freiberg, Pentel, Loomis, 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. Proclamation Congratulating Anna Eames, Paralympic Medalist Mayor Loomis read and presented a signed proclamation to Ms. Eames. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the Proclamation Congratulating Anna Eames, Paralympic Medalist. The Council congratulated Ms. Eames on her accomplishments. Receipt of Human Services Foundation 2009 Allocation Report Dan Blumb, Human Services Foundation Chair, reviewed the funding report and answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the 2009 Allocation Report, and approve sending the allocation letters to the organizations involved stating the allocation amount. The Council congratulated the Human Services Foundation. Approval of Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of December 2, 2008 as amended: Removal of Approval of Plat - Quail Woods Addition. Approval. of Consent Agenda MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the items on the consent agenda as amended: General Business Licenses. Mayor Loomis read the items listed on the consent agenda. Regular Meeting of the City Council December 2,2008 Page 2 *Approval of Minutes - City Council Meeting - November 18. 2008 MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of November 18, 2008 as submitted. *Approval of Check Register MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. General Business Licenses Council Member Freiberg stated one of the applicants has failed the tobacco compliance twice in 2008 and asked what the process would be for consideration of the license renewal. Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the issuance of licenses as recommended by staff with the exception of #3495, Walgreen Company, 5695 Duluth Street; and call for an administrative hearing for December 16, 2008 at 6 pm for consideration of the renewal of the tobacco sales license for Walgreen Company. *Solicitor's License -The Window Store. LLC MOVED by Freiberg, seconded by Shaffer_and motion carried unanimously to approve the solicitor's license for The Window Store, LLC. *Bids - Fire Engine Refurbishment MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the bid for the fire engine refurbishment to the only bidder, General Safety Equipment for $85,222, plus Option 5.3 vehicle undercoating for $685, for a total amount of $85,907. *Bids - Fire Pumper MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the bid for construction and delivery of one fire pumper to Custom Fire for $494,960, not accepting the Option #1 trade in. The bids are as follows: Manufacturer Pierce Custom Fire General Safety Base Bid Construct & Deliver Fire Pumper' $601,075 $494,960 $486,990 Option #1 Trade In 1986 Ford L-9000 No Bid ($6,500) ($10,000) Total $601,075 $488,460 $476,990 Regular Meeting of the City Council December 2,2008 Page 3 Approval of Plat - Quail Woods Addition Thomas Burt stated this item was being removed from the agenda as staff and the applicant are still in discussion regarding the Subdivision Development Agreement. The Council did not consider Resolution 08-546, Resolution for Approval of Plat - Quail Woods Addition. *Approval of City Manaaer Salary Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-55 RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT 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. *Approval of Six Month Extension - Conditional Use Permit - Morries Automotive Group - 7500 and 7550 Wayzata Boulevard MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve an extension until June 3, 2009 to begin work on the construction for the use approved by CUP on December 4, 2007 for the properties located at 7500 and 7500 Wayzata Boulevard. Public Hearina - Ordinance #410 - Rezonina from Sinale Family Zonina District (R-2) to Moderate Density Residential Zonina District (R-2) - 3335 Scott Avenue North Mark Grimes, Director of Planning and Development, introduced the agenda item noting the applicant is not present. Allen Barnard answered questions from the Council. Steve Schmidgall, Planning Commissioner, presented the 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. Hearing and seeing no one the Mayor closed the public hearing. Regular Meeting of the City Council December 2, 2008 Page 4 Public Hearing - Ordinance #410- Rezoning from Sinqle Family Zoninq District (R-2) to Moderate Densitv Residential Zoning District (R-2) - 3335 Scott Avenue North - Continued MOVED by Pentel, seconded by Freiberg and motion carried to continue the public hearing to December 16, 2008 for consideration of Ordinance #410 Rezoning from Single Family Zoning District (R-2) to Moderate Density Residential Zoning District (R-2) - 3335 Scott Avenue North. Council Member Shaffer voted no. First Consideration - Ordinance #411 - Establishing a 2009 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 411, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing a 2009 Master Fee Schedule Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Jeannine Clancy and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #411, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Call for Public Hearing - Establishing a Franchise Fee with Northern States Power d/b/a Xcel Energy - 12/16/08 Jeannine Clancy introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. The item will be discussed at the December 9,2008 Council/Manager meeting. The Council did not consider Resolution 08-56, Resolution Providing for Public Hearings to Consider an Ordinance Requiring an Electric Franchise Fee from Northern States Power, D/B/A Xcel Energy, for Providing Electric Service within the City of Golden Valley. Announcements of Meetings An Executive Session will be held immediately following the City Council meeting on December 2, 2008 to be updated on a current lawsuit. The Douglas Drive Task Force will meet on December 9,2008 at 7:15 am at City Hall. Regular Meeting of the City Council December 2,2008 Page 5 Announcements of Meetings - Continued The next Council/Manager meeting will be held on December 9,2008 at 6:30 pm at City Hall. A Special City Council meeting will be held on December 16, 2008 at 6 pm at City Hall. The next City Council meeting will be held on December 16, 2008 at 6:30 pm at City Hall. A Bassett Creek Water Management Commission will be held on December 19,2008 at 11 :30 am at City Hall. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7: 15 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant