11-17-09 CC Minutes
Regular Meeting
of the
City Council
November 17, 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 November 17, 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 Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of November 17,2009 as amended: Addition of Appointment to Bottineau
Transitway Policy Advisory Committee and Removal of Addition of Authorization to Sign
Community Service Officer Agreement and First Amendment with Breck School.
Approval of Consent Agenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of November 17, 2009 as amended: Addition of Appointment to Bottineau
Transitway Policy Advisory Committee and Removal of Authorization to Sign Community
Service Officer Agreement and First Amendment with Breck School.
*Approval of Minutes - Canvassing Board Meeting - November 3, 2009
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
Canvassing Board Meeting minutes of November 3,2009 as submitted.
*Bills and Claims
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City bills 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.
Regular Meeting of the City Council
November 17, 2009
Page 2
*Gambling Premises Permit Application - Minnesota Youth Athletic Association
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-58
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL
FOR THE CONDUCT OF LAWFUL GAMBLING
(MINNESOTA YOUTH ATHLETIC SERVICES)
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.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - September 29, 2009
*Pedestrian Signal Modifications - Golden Hills Area
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to install
countdown pedestrian indications in the Golden Hills area, from the lowest responsible
bidder, Killmer Electric Co., Inc. for $27,512.00. The quotes are as follows:
Killmer Electric Co., Inc.
Electrical Installation & Maintenance Co., Inc.
Forest Lake Contracting, Inc.
Egan Company
$27,512.00
30,473.00
33,485.00
33,763.50
Authorization to Sign Community Service Officer Agreement and First Amendment
with Breck School
Mayor Loomis removed the item to inform the public about the agreement with Breck
School.
MOVED by Loomis, seconded by Pentel and motion carried unanimously to authorize the
Mayor and City Manager sign the Community Services Officer Agreement and First
Amendment to Community Service Officer Agreement.
Regular Meeting of the City Council
November 17, 2009
Page 3
*Authorization to Sign Contact with AVI Systems. Inc. for implementation of Council
Chambers Audio. Video. and Control Systems Upgrade
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager sign the agreement for professional audiovisual engineering
services with A VI Systems, Inc. for implementation the City Council Chambers Audio,
Video, and Control Systems Upgrade for an amount not to exceed $40,725.79.
*Authorization to Sign Grant Contracts for NightCAP and Safe & Sober
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-59
RESOLUTION AUTHORIZING EXECUTION OF STATE OF MINNESOTA
GRANT CONTRACT FOR OPERATION NIGHTCAP AND SAFE & SOBER
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.
*Receipt of October 2009 General Fund Budget Report
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the October 2009 General Fund Budget Report.
*Authorization to Sign Amended Contract with North American Cleaning Services
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and Manager sign the amended contract with North American Cleaning Services,
extended to December 31,2011, for an amount not to exceed $71,984.
*Waiver of Public Hearing and Certification of Special Assessments: 2009(B)
Pavement Management Program Driveways and 2009(B) Pavement Management
Program Sanitary Sewer Repair
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-60
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA
STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS
ON PRIVATE DRIVEWAYS THAT INVOLVE 2009(B) CITY STREET IMPROVEMENTS
Regular Meeting of the City Council
November 17, 2009
Page 4
*Waiver of Public Hearing and Certification of Special Assessments: 2009(B)
Pavement Management Program Driveways and 2009(B) Pavement Management
Program Sanitary Sewer Repair - 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.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-61
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA
STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS
ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2009(B)
CITY STREET IMPROVEMENTS
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.
*Appointment to Bottineau Transitway Policy Advisory Committee
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to appoint
Paula Pentel as the City representative to serve on the Bottineau Transitway Policy
Advisory Committee (PAC).
Second Consideration - Ordinance #424 - Adoption of Amended State Building Code -
2006 International Mechanical Code and Fuel Gas Code
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 424, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adopting the Amended State Building Code
Incorporation of 2006 International Mechanical Code and
Fuel Gas Code with Minnesota Amendments
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item.
Regular Meeting of the City Council
November 17, 2009
Page 5
Second Consideration - Ordinance #424 - Adoption of Amended State Buildina Code -
2006 International Mechanical Code and Fuel Gas Code
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on
Second Consideration, Ordinance #424, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Authorization to Sian Amended PUD Permit - North Lilac Drive Addition - PUD #42 -
Amendment #5 - 810 North Lilac Drive, Suite 120
Council Member Pentel stated that due to a potential conflict of interest she would be
abstaining from the discussion and voting on this issue.
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
Kathie Bortnem, Applicant, answered questions from the Council.
MOVED by Shaffer, seconded by Freiberg and motion carried to authorize the Mayor and
City Manager to sign the amended PUD Permit for North Lilac Drive Addition PUD No. 42,
Amendment No.5, 810 North Lilac Drive, Suite 120, including the following conditions:
1. Within Suite 120, limited retail sales of new and used clothes and fashion accessories
may occur on a total of four days per month and only on Saturdays or Sundays.
2. The sales hours shall be limited to 9 am to 6 pm. All necessary building permits
required by the City shall be applied for and issued prior to using Suite 120 for retail
sales.
3. There shall be no outside signage or display for the business other than on the door of
Suite 120.
Council Member Pentel abstained.
First Consideration - Ordinance #425 - Establishina A 2010 Master Fee Schedule
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 425, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Establishing A 2010 Master Fee Schedule
Sue Virnig, Finance Director, introduced the agenda item.
Regular Meeting of the City Council
November 17, 2009
Page 6
First Consideration - Ordinance #425 - Establishing A 2010 Master Fee Schedule -
Continued
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve on
First Consideration, Ordinance #425, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Announcements of Meetings
A Bassett Creek Watershed Management Commission meeting will be held on November
18, 2009 at 11 :30 am.
The City Offices are closed on Thursday, November 26 and Friday, November 27, 2009 in
observance of Veteran's Day.
The next City Council meeting will be held on December 1, 2009 at 6:30 pm.
A Special City Council meeting (budget) will be held on December 8,2009 at 6:30 pm.
The next Council/Manager meeting will be held on December 8, 2009 after the Special City
Council meeting.
Mayor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 6:57 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant