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10-06-09 CC Minutes Regular Meeting of the City Council October 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 October 6, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, 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. Approval of A~enda MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the agenda of October 6, 2009 as amended: Second Consideration - Ordinance #423 - Amending Section 10.30, Regarding Registration of Dangerous Dogs and Approve Summary Publication, distribution of amended pages. Approval of Consent A~enda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of October 6,2009 as amended: Removal of Approving Appointment of Election Judges for City Election. *Approval of Minutes - City Council Meetin~ - September 1, 2009 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of September 1, 2009 as submitted. *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *Gamblin~ License Application to Conduct Excluded Bin~o - Ladies Auxiliary to the Veterans of Forei~n Wars Post #7051 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the gambling license application to conduct excluded bingo for the Ladies Auxiliary to the Veterans of Foreign Wars Post #7051. *Gamblin~ License Exemption and Waiver of Notice ReQuirement - Community of Recoverin~ People - The Retreat MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Community of Recovering People - The Retreat. Regular Meeting of the City Council October 6,2009 Page 2 *Solicitor's License - Window Concepts of MN Inc. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Window Concepts of MN Inc. *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 - June 22,2009 Human Services Foundation - August 10, 2009 Board of Zoning Appeals - August 25,2009 Open Space and Recreation Commission - July 27,2009 Joint Water Commission - June 10, 2009 Envision Connection Project Board of Directors - August 20, 2009 Bassett Creek Watershed Management Commission - August 20,2009 *Letter from Christopher and Meriah Chamberlain Appealing Delinquent Utility Bill MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Christopher and Meriah Chamberlain, received September 30,2009, appealing a delinquent utility bill. *Letter from Ryan Chandlee Regarding Resiqnation from Environmental Commission MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Ryan Chand lee, dated September 30,2009, regarding resignation from the Environmental Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. *Approval of Plat - Ralph Addition -1425 Rhode Island Avenue North Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-46 RESOLUTION FOR APPROVAL OF PLAT - RALPH ADDITION 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. Regular Meeting of the City Council October 6,2009 Page 3 Approving Appointment of Election Judges for City Election Council Member Pentel thanked the election judges for their service. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-47 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE CITY ELECTION TO BE HELD ON NOVEMBER 3, 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, 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. *Financing the 2010 Pavement Management Program and Establishing Compliance with Reimbursement Bond Regulations Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-48 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2010 ROAD CONSTRUCTION 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 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 One Year Extension for Filing of Plat -1017 Ravine Trail MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension until September 1, 2009 to submit the final plat for the property located at 1017 Ravine Trail. *5et Date for Canvassing Board Meeting MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set the Canvassing Board Meeting for Wednesday, November 4,2009 at 6 pm. Regular Meeting of the City Council October 6, 2009 Page 4 *Authorization to Sign Agreement with Hennepin County for Reimbursement of Active Living Related Staff Expenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the Professional Services Agreement with the Hennepin County Human Services and Public Health Department for reimbursement for work pertaining to active living. Public Hearing - Special Assessments - DelinQuent Utility Bills Sue Virnig, Finance Director, introduced the agenda item 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. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 09-49 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING 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. Public Hearing - Special Assessments - Miscellaneous Charges Sue Virnig, Finance Director, introduced the agenda item 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-50 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC) Regular Meeting of the City Council October 6,2009 Page 5 Public Hearing - Special Assessments - Miscellaneous Charges - Continued 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. Second Consideration - Ordinance #423 - Amending Section 10.30, Regarding Registration of Dangerous Dogs and Approve Summary Publication The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 423, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.30, Regarding Registration of Dangerous Dogs Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve on Second Consideration, Ordinance #423, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize publication of the Summary Ordinance. Authorization to Sign Amended Agreement with Metropolitan Council for Park and Ride and 1-394 Frontage Road Rehabilitation Jeannine Clancy introduced the agenda item and answered questions from the Council. Pat Jones, Metropolitan Council, reviewed the agreement and answered questions from the Council. MOVED by Pentel, seconded by Shaffer motion carried to rescind the agreement with the Metropolitan Council authorized at the August 5, 2009 Council meeting for rehabilitating the existing Park and Ride facilities just east of General Mills Boulevard on the south frontage road of 1-394. Mayor Loomis voted no. MOVED by Pentel, seconded by Shaffer and motion carried to authorize the City Manager to sign a revised Joint Powers Agreement with the Metropolitan Council for rehabilitating the existing Park and Ride facilities just east of General Mills Boulevard on the south frontage road of 1-394. Mayor Loomis voted no. Regular Meeting of the City Council October 6,2009 Page 6 Announcements of Meetinas Some Council Members may attend the Golden Valley Historical Society meeting on October 8, 2009 at 7 pm at the Historic Church. Some Council Members may attend the Police Promotion Ceremony on October 9,2009 at 6 pm in the Council Chambers. Mighty Tidy Day will be held on October 10, 2009 at Brookview Park from 8 am to 1 pm. Some Council Members may attend the Douglas Drive Corridor Study Committee on October 13, 2009 at 7:30 am in the Council Conference Room. The next Housing and Redevelopment Authority meeting will be held on October 13, 2009 at 6:30 pm. The next Council/Manager meeting will be held on October 13, 2009 immediately following the HRA meeting. The League of Women Voters Council Forum will be held on October 14, 2009 at 7 pm in the Council Chambers. A Bassett Creek Watershed Management Commission meeting will be held on October 15, 2009 at 11 :30 am. The Bridge Builder Training will be held on October 17, 2009 at 9 am at the Golden Valley Country Club. The next City Council meeting will be held on October 20,2009 at 6:30 pm. Mayor and Council Communications Mayor Loomis updated the Council on the Upper Mississippi River Bacteria TMDL Committee she attended. Adiournment The Mayor adjourned the meeting at 7: 11 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant