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01-20-09 CC Minutes Regular Meeting of the City Council January 20, 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 20, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Kin Donat, Acting, City Attorney; and Judy Nally, Administrative Assistant. Fire Department Retirements: Firefiahter Larry Bourne and Battalion Chief Eric Sherman Mark Kuhnly, Chief of Fire and Inspection Services, introduced retired Firefighter Larry Bourne and Battalion Chief Eric Sherman and presented them with a Certificate of The Council thanked Larry Bourne and Chief Eric Sherman for their years of dedicated service to the community. Oath of Office - Firefiahters Christopher Ferris, Anthonv O'Donahue, Paul Peterson and Brian Schiebe Mark Kuhnly, Chief of Fire and Inspections Services, introduced the newest Firefighters Christopher Ferris, Anthony O'Donahue, Paul Peterson and Brian Schiebe. Mayor Loomis gave the oath of office to Firefighters Christopher Ferris, Anthony O'Donahue, Paul Peterson and Brian Schiebe. The Council congratulated Firefighters Ferris, O'Donahue, Peterson and Schiebe. Approval of Aaenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of January 20,2009 as amended: Addition of Appointment to Human Services Foundation and Change to Issuance of On Sale Wine, Strong Beer and Sunday Sale Liquor License for Hastings Enterprises Corporation d/b/a Martini's Graffiti Grille. Approval of Consent Aaenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 20, 2009 as amended: Addition of Appointment to Human Services Foundation and Removal of Skid Loader and Asphalt Cold Planer - Quotes; Unmarked Police Vehicle - Quotes and Squad Cars - Quotes. Regular Meeting of the City Council January 20, 2009 Page 2 *Approval of Minutes - Approval of Minutes - City Council Meetina - January 6.2009 and Council/Manaqer Meetina - January 13. 2009 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of January 6, 2009 and the Council/Manager Meeting minutes of January 13, 2009 as submitted. *Approval of Check Reaister MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the check register as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gamblina License Exemption and Waiver of Notice ReQuirement - Tuberous Sclerosis Alliance MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Tuberous Sclerosis Alliance. *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 - December 8, 2008 Envision Connection Project Board of Directors - December 18, 2008 Bassett Creek Water Management Commission - November 19, 2008 Quotes - Skid Loader and Asphalt Cold Planer; Unmarked Police Vehicle and SQuad Cars Council Member Pentel requested these items be considered after the City Council Annual Workshop, scheduled for February 7,2009, as the Council will be discussing the financial status of the City. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to table consideration of Quotes for Skid Loader and Asphalt Cold Planer; Unmarked Police Vehicle and Squad Cars until the February 17, 2009 City Council meeting. . Regular Meeting of the City Council January 20, 2009 Page 3 *Appointment of Commissioners to the Bassett Creek Water Management Commission Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-3 RESOLUTION APPOINTING LINDA R. LOOMIS AS COMMISSIONER AND DAVID W. HANSON AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WA TER MANAGEMENT COMMISSION 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, 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. *Amendments to Pavement Management Policy Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-4 RESOLUTION AMENDING THE CITY'S PAVEMENT MANAGEMENT POLICY 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, 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. * Amendments to Special Assessment Policy Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-5 RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY 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, 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. Regular Meeting of the City Council January 20, 2009 Page 4 *Council Liaisons and Other Assianments MOVED by Pentel, seconded by Freiberg and motion carried to make the following appointments: Council Liaisons Board of Zoning Appeals Building Board of Review Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Shaffer, Pentel Pentel Freiberg Pentel, Loomis Loomis, Scanlon Scanlon, Freiberg Scanlon, Shaffer Freiberg, Shaffer Other Assignments Douglas Drive Task Force Northwest Hennepin Human Services Council Executive Board Northwest Metro Transit Study Task Force Northwest Suburbs Cable Communications Commission Robbinsdale School District 281 Government Advisory Committee Freiberg, Scanlon & Shaffer Freiberg Loomis Pentel, Loomis Loomis, Shaffer Loomis Shaffer, Delegate Loomis, Alternate Pentel Scanlon Shaffer Scanlon Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings 1-394 Joint Task Force Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities *Adoption of Policies: Snow Plowina and Ice Control and Sidewalk and Trail Maintenance Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-6 RESOLUTION AUTHORIZING APPROVAL OF THE SNOW PLOWING AND ICE CONTROL POLICY 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, 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. Regular Meeting of the City Council January 20, 2009 Page 5 *Adoption of Policies: Snow Plowina and Ice Control and Sidewalk and Trail Maintenance - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-7 RESOLUTION AUTHORIZING APPROVAL OF THE SIDEWALK AND TRAIL MAINTENANCE SNOW REMOVAL POLICY 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, 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. *Authorization to Sian Enaaaement Letter with Malloy. Montaaue. Karnowski. Radosevich. & Co.. P.A. for 2008 Audit Services MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for 2008 audit services for $43,450. Continued Public Hearina - First Consideration - Ordinance #412 - Electric Franchise- Northern States Power d/b/a Xcel Eneray Thomas Burt introduced the agenda item and answered questions from the Council. Jeannine Clancy 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. Ken Lando, 1890 Hampshire Circle North, asked for a review of the proposed ordinance and had questions regarding the fees to be charged. Audrey Hurd, 1446 Unity Avenue North, stated she is concerned that it will be an open- ended fee, feels it will be a nebulous use, wanted to know if we really need to charge the fee now; stated people are on a fixed income and are feeling the financial pressure of the times; feels that just because other cities use franchise fees doesn't mean we need to; feels that if it is adopted that some specifics be included in the ordinance. The Mayor closed the public hearing. MOVED by Shaffer to adopt Ordinance #412 - Electric Franchise - Northern States Power d/b/a Xcel Energy. Motion died due to a lack of a second. Regular Meeting of the City Council January 20, 2009 Page 6 Continued Public Hearina - First Consideration - Ordinance #412 - Electric Franchise - Northern States Power d/b/a Xcel Enerav MOVED by Freiberg to direct staff to come back with an alternative ordinance incorporating a three year sunset provision and more specific language regarding the use to which the funds would be put specifically related to Douglas Drive and the utilities involved with that project. Motion died due to a lack of a second The Council did not consider Ordinance No. 412, Requiring an Electric Franchise Fee from Northern States Power D/B/A Xcel Energy for Providing Electric Service within the City of Golden Valley. Staff was requested to bring the item back in six months to a Council/Manager Meeting. Issuance of On Sale Wine, Strona Beer and Sunday Sale Liauor License for Hastinas Enterprises Corporation d/b/a Martini's Graffiti Grille Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Kim Donat answered questions from the Council. Rachelle Martini, representing owner, had questions regarding what else is required to be submitted to the City. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of On Sale Wine, Strong Beer and Sunday Sale liquor licenses to Hastings Enterprises Corporation d/b/a Martini's Graffiti Grille, located at 2520 Hillsboro Avenue North, subject to compliance with insurance requirements. First Consideration - Ordinance #413 - Amendment to 2009 Fee Schedule- Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 413, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #412, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council January 20, 2009 Page 7 Announcements of Meetings A Bassett Creek Water Management Commission will be held on January 15, 2009 at 11 :30 am. Some Council Members may attend the Wellness Kickoff Luncheon and Employee Recognition Event on January 21,2009 from 11 :30 am to 1 pm. The next City Council meeting will be held on February 3, 2009 at 6:30 pm. The City Council Annual Workshop will be held on February 7, 2009 at 9 am at the Brookview Grill. Some Council Members may attend the Douglas Drive Task Force meeting on February 10, 2009 at 7: 15 am at City Hall. The next Council/Manager meeting will be held on February 10, 2009 at 6:30 pm. The Douglas Drive Task Force will meet on December 9, 2008 at 7: 15 am at City Hall. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7:21 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant