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12-16-08 Regular Meeting of the City Council December 16, 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 16, 2008 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel and Shaffer and the following was absent: Scanlon. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Oath of Office - Police Officers Brandy Gile and Daniel Pacholke Stacy Altonen, Police Chief, introduced the newest Police Officers, Brandy Gile and Daniel Pacholke. Mayor Loomis gave the oath of office to Police Officers Brandy Gile and Daniel Pacholke. The Council congratulated the new Police Officers. 1-394 MnPASS Phase II Study Presentation Lee Munich, Jr., Humphrey Institute of Public Affairs, University of Minnesota, made a presentation regarding the 1-394 MnPASS Phase II Study. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of December 16, 2008 as submitted. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of December 16, 2008 as amended: Removal of Approval of Minutes- City Council Meeting - December 2, 2008 and Council/Manager Meeting - December 9, 2008. Mayor Loomis asked if any citizen requested an item be removed from the agenda. Chris Gise, 1485 Island Drive, requested Fireworks Permit - Sweeney Lake Association be removed from the agenda. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meeting - December 2. 2008 and Council/Manager Meeting - December 9. 2008 Council Member Shaffer stated he did not receive the minutes and requested they be approved at the next City Council meeting. Regular Meeting of the City Council December 16,2008 Page 2 *Bills and Claims MOVED by Pentel, seconded by Shaffer 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 Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Citv Gambling Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley VFW Post #7051, Minnesota Youth Athletic Services and The Church of St. Maron. Fireworks Permit - Sweeney Lake Association Chris Gise,1485 Island Drive, stated he is concerned about the fireworks display, the launch site is directly across the lake from his property at the narrowest part of the lake; stated in previous years the display has rained debris down on his property in the front and backyard; debris such as cardboard, fuses, firework casings and has found firework casings on the patio along with a scorch mark where it had fallen and burnt into the patio; expressed his concern for safety; suggested the Sweeney Lake Association find an alternate site to launch the fireworks and the city work with the Association to find an alternate site; requested someone be present on his property from the Fire Department during the display if the site is not relocated and also inspect his property the day after the display to see the debris and stated the Association does not have his consent to deposit debris on his property. Mark Kuhnly, Chief of Inspections and Fire Services, and Allen Barnard, answered questions from the Council. Mick Lee, 1900 Major Drive, Sweeney Lake Homeowners Association; reviewed the request and answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for the Sweeney Lake Association. The Fire Department will have staff on duty at the fireworks launch site and Mr. Gise property. Regular Meeting of the City Council December 16,2008 Page 3 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - November 24, 2008 Human Rights Commission - October 16, 2008 Board of Zoning Appeals - October 28, 2008 Bassett Creek Water Management Commission - October 16, 2008 *Letter from Ben and Anita Kramer Reaardina Overhead Street Liahtina Reauest MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Anita and Ben Kramer, dated October 31, 2008, regarding street lighting on Laurel Avenue and the Laurel Avenue Greenway and direct staff to place it on the January 13, 2009 Council/Manager meeting agenda. *Trimmina/Removal of Trees on Public/Private Property - Bids MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid for trimming and removal of trees on public and private property to the lowest responsible bidder, Tim's Tree Service for $61,575.89. The bids are as follows: Tim's Tree Service Davey Tree Service $61,575.89 $94,266.40 *Approval of the 2009-2013 Capital Improvement Proaram and Adopt Budaets for 2009 Capital Improvement Proaram for Vehicles and Eauipment, Buildinas and Parks Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-57 RESOLUTION ADOPTING THE 2008 BUDGETS OF THE EQUIPMENT REPLACEMENT, BUILDING AND PARK IMPROVEMENT CAPITAL PROJECT FUNDS 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 was absent: Scanlon; 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 16, 2008 Page 4 *Adoption of 2009 Budaets - Water and Sewer Utility, Brookview Golf, Motor Vehicle Licensina, Conservation/Recyclina, Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-58 RESOLUTION ADOPTING THE 2009 BUDGET OF THE WATER AND SEWER UTIL ITY FUND 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 was absent: Scanlon; 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-59 RESOLUTION ADOPTING THE 2009 BUDGET OF THE BROOKVIEW GOLF FUND 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 was absent: Scanlon; 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-60 RESOLUTION ADOPTING THE 2009 BUDGET OF THE MOTOR VEHICLE LICENSING FUND 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 was absent: Scanlon; 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-61 RESOLUTION ADOPTING THE 2009 BUDGET OF THE CONSERVATION/RECYCLING FUND Regular Meeting of the City Council December 16, 2008 Page 5 *Adoption of 2009 Budaets - Water and Sewer Utility, Brookview Golf, Motor Vehicle Licensina, Conservation/Recvclina, Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds - Continued 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 was absent: Scanlon; 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-62 RESOLUTION ADOPTING THE 2009 BUDGET OF THE STORM SEWER UTILITY FUND 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 was absent: Scanlon; 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-63 RESOLUTION ADOPTING THE 2009 BUDGET OF THE HUMAN SERVICES FOUNDATION 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 was absent: Scanlon; 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, Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-64 RESOLUTION ADOPTING THE 2009 BUDGET OF THE VEHICLE MAINTENANCE FUND 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 was absent: Scanlon; 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 16, 2008 Page 6 *Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08~65 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS 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 was absent: Scanlon; 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 Plat - Quail Woods Addition Council Member Freiberg had questions about the condition regarding any future variances to the property. Allen Barnard answered question from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 08-54 RESOLUTION FOR APPROVAL OF PLAT - QUAIL WOODS ADDITION 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: Loomis, Pentel and Shaffer; and the following was absent: Scanlon; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. MOVED by Shaffer, seconded by Pentel and motion carried to approve the Subdivision Development Agreement and authorize the Mayor and City Manager to execute it on behalf of the City. Council Member Freiberg voted no. *Approval of the Amendment and Res1atement of the Cafeteria Plan Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08~66 RESOLUTION AMENDING AND RESTATING THE CAFETERIA PLAN 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 and Shaffer; and the following was absent: Scanlon; 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 16, 2008 Page 7 *Amending the Health Reimbursement Arrangement and Establishing a Voluntary Employee Beneficiary Association (HRA VEBA) Benefit for Employees Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-67 RESOLUTION AMENDING THE HEALTH REIMBUSEMENT ARRANGEMENT AND AUTHORIZING THE ESTABLISHMENT OF A VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (UHRA VEBA") PLAN 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 and Shaffer; and the following was absent: Scanlon; 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. * Amendment to Fire Relief Association Funeral Benefits Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-68 RESOLUTION ADOPTING SPECIAL LEGISLATION OF THE STATE OF MINNESOTA LEGISLATURE PROVIDING FOR REPEAL OF THE FUNERAL BENEFIT PROVIDED MEMBERS OF THE FIRE RELIEF ASSOCIATION 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 and Shaffer; and the following was absent: Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and a.dopted, signed by the Mayor and her signature attested by the City Clerk. *Approval of One Year Extension for Filing of Plat - Lots 11 & 12. Block 3. Glen Urban 2nd Addition (Janalyn Circle and Glencrest Road) MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension until July 14, 2009 to submit the final plat for Lots 11 & 12, Block 3, Glenurban 2nd Addition. Public Hearing - Adoption of 2009 Property Tax Levy. General Fund Budget Sue Virnig, Finance Director, presented the 2009 Budget and answered questions from the Council. Regular Meeting of the City Council December 16,2008 Page 8 Public Hearing - Adoption of 2009 Property Tax Levy, General Fund Budget- 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. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 08-69 RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA AUTHORIZING A LEVY FOR 2009 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 and Shaffer; and the following was absent: Scanlon; 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. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-70 RESOLUTION ADOPTING THE 20098 BUDGET OF THE GENERAL FUND 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 was absent: Scanlon; 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. Continued Public Hearing - Ordinance #410 - Rezoning from Single Family Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) - 3335 Scott Avenue North The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 410, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Single Family Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) 3335 Scott Avenue North Charmain Wahlstrom Schodde, Applicant Regular Meeting of the City Council December 16, 2008 Page 9 Continued Public Hearing - Ordinance #410 - Rezoning from Single Familv Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) - 3335 Scott Avenue North - Continued Mark Grimes, Director of Planning and Development, introduced the item and answered questions from the Council. Allen Barnard answered questions from the Council. Charmaine and Dave Schodde, Applicant, reviewed the item and answered question 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 John Johnston, 3336 Scott Avenue North, stated that he went to the Planning Commission meeting and thought that since they denied the request it would not go forward; feels that in the future this property will be for sale as a duplex with an absentee landlord; stated the neighborhood has had problems with absentee landlords in the past; stated the previous owners used it as a single family home; and feels that more work was being done on the home than just mold abatement. Shirley Blade, 3335 Scott Avenue North, stated the previous owner converted the home to a single family home, expressed concern that this would be spot zoning; feels that if you spot rezone this property and it goes back to R-2 zoning the neighborhood would be targeted for group homes; if it is a group home more people would be living in the home; stated since the streets have been redone they put extensive money into bringing their home up to code; wants to keep the property values as high as they can; wanted to know if her huge lot could be rezoned for a multi-use building; and suggested the Council follow the Planning Commission recommendation. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to deny Ordinance #410, rezoning from Single Family Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) for 3335 Scott Avenue North, based on the following findings and determinations: 1) the current zoning of the area is R-1, 2) the home was altered to meet that zoning district; and 3) it constitutes spot zoning because the entire area was rezoned to the Single Family Zoning District. Second Consideration - Ordinance #411 - Establishing a 2009 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 411, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing a 2009 Master Fee Schedule Regular Meeting of the City Council December 16,2008 Page 10 Second Consideration - Ordinance #411 - Establishin~ a 2009 Master Fee Schedule- Continued Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #411, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - ABSENT SHAFFER - YES Continued Item - Call for Public Hearin~ .. Establishina a Franchise Fee with Northern States Power d/b/a Xcel Eneray - 1/6/09 Jeannine Clancy introduced the agenda item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: 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 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 was absent: Scanlon; 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 2009 General Waaes, Salaries, Monthly Benefit Contribution, Additional Floatina Holiday and Standard Milea~e Rate for Non-Union Personnel Paula Graff, HR Coordinator, introduced the agenda item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-71 RESOLUTION ESTABLISHING 20098 GENERAL WAGES, SALARIES, AND MONTHLY BENEFIT CONTRIBUTION FOR ALL NON-UNION PERSONNEL 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 was absent: Scanlon; 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 16, 2008 Page 11 Announcements of Meetings Some Council Members may attend the Board of Zoning Appeals/Planning Commission Holiday Party on December 17,2008 at 7 pm at the Brookview Grill. The next Bassett Creek Water Management Commission will be held on December 18, 2008 at 11 :30 am. The City Offices are closed on Wednesday, December 24, 2008 and Thursday, December 25, 2008 in observance of Christmas. The City Offices are closed on Thursday, January 1,2009 in observance of New Year's. The next City Council meeting will be held on January 6, 2009 at 6:30 pm. Mavor and Council Communications NQ action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7:52 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant