01-06-09 CC Minutes
Regular Meeting
of the
City Council
January 6, 2009
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 January 6, 2009 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel and Shaffer; and the
following member was absent: Scanlon. Also present were: Thomas Burt, City Manager;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Approval of Aaenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of January 6,2009 as submitted.
Approval of Consent Aaenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of January 6, 2009 as amended: Removal of Approval of Minutes - Special City
Council Meeting - December 1,2008; City Council Meeting - December 2 and 16,2008
and Council/Manager Meeting - December 9,2008.
Approval of Minutes - Special City Council Meetina - December 1. 2008; City Council
Meetina - December 2 and 16. 2008 and Council/Manaaer Meetina - December 9. 2008
Council Member Freiberg requested staff amend the minutes to reflect that he voted no
only on the Resolution for Approval of Plat - Quail Woods.
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the
Special City Council Meeting of December 1, 2008; City Council Meeting of December 2,
2008 and Council/Manager Meeting'- December 9,2008 as submitted; and the City
Council Meeting minutes of December 16,2008 as amended: amend resolutions to reflect
voting.
*Set Time and Place of Aaenda Closina
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to set the
closing time and place for receipt of public information for the Council agenda at 4:30 pm in
the City Manager's Office on the Wednesday preceding the Council Meeting.
*Desianation of Official Newspaper
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to designate
the New Hope-Golden Valley SunPost as the City's official newspaper.
Regular Meeting of the City Council
January 6, 2009
Page 2
*Desianation of Depositories for City Funds
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-1
RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS
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.
*Approval of Check Reaister
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
check register as submitted.
*General Business Licenses
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Envision Connection Project Board of Directors - November 13, 2008
*Quotes - Tandem Axle Cab and Chassis and Miscellaneous Eauipment
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase
the following equipment through the Minnesota Materials Management Division: one 2009
International 7600 6x4 tandem axle cab and chassis truck from Astleford International for
$100,461.58 and swap loader, wing, underbody, and equipmentfrom Aspen Equipment,
Inc. for $111,108.26.
*Establishina Compliance with Reimbursement Bond Reaulations under the Internal
Revenue Code for City's 2010 Pavement Manaaement Proaram
Member Shaffer introduced the following resolution and moved its adoption:
Regular Meeting of the City Council
January 6, 2009
Page 3
*Establishina Compliance with Reimbursement Bond Reaulations under the Internal
Revenue Code for City's 2010 Pavement Manaaement Proaram - Continued
RESOLUTION 09-2
RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2010
PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
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.
*Authorization to Sian Seraeants (LELS Local 304) Aareement
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager sign the 2009 Sergeant agreement.
*Approval for Use of Credit Cards
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve
usage of credit cards by any city employee who has received prior approval from the
appropriate supervisor.
*Approval of 2009 Leaislative Policies
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
2009 Golden Valley Legislative Policies.
Public Hearina - Preliminary Plat Approval- 1425 Rhode Island Avenue North. Peter
Ralph. Applicant
Peter Ralph, Applicant, reviewed the plat and answered questions from the Council.
Mark Grimes, Director of Planning and Development, presented the staff and Planning
Commission report and 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.
Regular Meeting of the City Council
January 6, 2009
Page 4
Public Hearina - Preliminary Plat Approval-1425 Rhode Island Avenue North. Peter
Ralph. Applicant - Continued
T. J. Beagan, 1440 Sumter Avenue North, supports the proposal but had questions
regarding the process; stated that part of the neighbor's house is on his property and there
is an easement which covers that; wanted to know how to get that resolved after the
original house is torn down; wanted to know who's responsibility it is to remove the
easement; wanted to know if the breezeway between the existing house and garage will be
removed when the house is torn down; had questions about landscaping and fencing of the
property and the height of the new home and wanted to know if there are any negatives to
consider with the lot consolidation.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
preliminary plat of the lot consolidation of property at 1425 Rhode Island Avenue North
subject to the following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The final plat of this proposed minor subdivision/lot consolidation (yet to be named) will
be consistent with the preliminary plan submitted with the minor subdivision application.
3. The recommendations found in the memo from City Engineer Jeff Oliver, PE, dated
November 25, 2008 to Mark Grimes, Director of Planning and Development, shall
become a part of this approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council that
includes issues found in the City Engineer's memo dated November 25, 2008.
5. The easement between the two properties will be resolved prior to City Council
approval.
6. Only the 24x32 foot garage will remain on the lot and the breezeway will be removed.
7. The new house under construction on the property shall not receive a final certificate of
occupancy until the existing home is removed.
Public Hearina - First Consideration - Ordinance #412 - Electric Franchise - Northern
States Power d/b/a Xcel Enerav
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Thomas Burt 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
January 6, 2009
Page 5
Public Hearing - First Consideration - Ordinance #412 - Electric Franchise - Northern
States Power d/b/a Xcel Energy - Continued
Sandy Biermeier, 8340 Julianne Terrace, stated she appreciated the last Council meeting
that was televised because she would not have known about consideration of the proposed
franchise fee; feels that notification is really important so that residents will have a forum to
be heard; there was no notification about previous franchise fee increases and they just
showed up on her bill; stated there was nothing about the increase on the internet, feels
there should be some way that residents can find out, stated she knows the fee for the
sewer inspection is going up; feels it is tough economic times and we all have to be fiscally
responsible because everybody is hurting.
Greg Niemela, 1445 Unity Avenue North, wanted to know what the history of the franchise
fee that is going away and if it was being used for a specific project; wanted to know what
the approximate city budget is; feels that if this is approved it would be about a 4% tax
increase; feels that it is just another tax and the fees are not going for a specific project but
just for the general fund; stated there are companies whose wages are just static; people
are being laid off and feels the city provides great services but it is not the right economic
time to be approving the franchise fee.
Bruce Forness, 1425 Unity Avenue North, agrees with previous speakers, asked if in the
future there could be fees for other services like water.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continue First
Consideration, Ordinance #412, Electric Franchise, Northern States Power d/b/a Xcel
Energy until the January 20, 2009 City Council meeting when a full Council is present.
Announcements of Meetings
The next Housing and Redevelopment Authority meeting will be held on January 13, 2009
at 6:30 pm.
The next Council/Manager meeting will be held on January 13, 2009 immediately following
the HRA meeting.
A Bassett Creek Water Management Commission will be held on January 15, 2009 at
11:30 am.
The City Offices are closed on Monday, January 19, 2009 in observance of Martin Luther
King Jr. Day.
Some Council Members may attend the Wellness Kickoff Luncheon and Employee
Recognition Event on January 21, 2009 from 11 am to 1 pm.
Regular Meeting of the City Council
January 6, 2009
Page 6
Announcements of Meetinas - Continued
The next City Council meeting will be held on January 20, 2009 at 6:30 pm.
The City Council Annual Workshop will be held on February 7,2009 at 9 am at the
Brookview Grill.
Reset Meetina Dates
The Mayor stated that because of some conflicts, certain Council Meeting must be
rescheduled to different dates.
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to reset the
following City Council Meetings: Tuesday, August 4 to Wednesday, August 5 and Tuesday
November 3 to Wednesday, November 4,2009.
Council Assianments - Mavor Pro Tem
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to nominate
Council Member Shaffer as Mayor Pro Tern.
The Mayor closed nominations.
Council Member Shaffer was appointed as Mayor Pro Tern.
Council Appointments - Assistant Weed Inspector and Civil Service Commission
Mayor Loomis appointed Ron Hammer as the Assistant Weed Inspector for a one year
term.
Mavor and Council Communications
Mayor Loomis thanked the Public Works Staff for dealing with the water main breaks that
took place during the holiday weekend so quickly.
Regular Meeting of the City Council
January 6, 2009
Page 7
Adiournment
The Mayor adjourned the meeting at 8:20 p.m.
ATTEST;
Judy Nally, Administrative Assistant
Linda R. Loomis, Mayor