12-01-09 CC Minutes
Regular Meeting
of the
City Council
December 1, 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 December 1,2009 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.
Receipt of Human Services Foundation 2010 Allocation Report
Dan Blumb, Human Services Foundation Chair, reviewed the funding report and answered
questions from the Council.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the 2010 Allocation Report, and approve sending the allocation letters to the
organizations involved stating the allocation amount.
The Council congratulated the Human Services Foundation.
Approval of Agenda
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
agenda of December 1, 2009 as amended: Approval of Minutes - City Council Meeting -
October 20,2009, distribution of amended page.
Approval of Consent Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
agenda of December 1 2009 as submitted.
* Approval of Minutes - City Council Meeting - October 20 and November 4, 2009, and
Council/Manager Meeting - November 10, 2009
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
City Council meeting minutes of November 4, 2009 and Council/Manager Meeting minutes
of November 10, 2009 as submitted; and the City Council meeting minutes of October 20,
2009 as amended: Appeal from Board of Zoning Appeals Denial - 316 Meadow Lane North -
Maggie Bostrom, Applicant, amend Resolution 09-57 to reflect Council Member Pentel
abstained.
*Bills and Claims
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
Regular Meeting of the City Council
December 1, 2009
Page 2
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - November 9, 2009
Environmental Commission - October 5,2009
*Authorize Participation in Minnesota Department of Agriculture - Planning and
Preparedness Grants Program (Emerald Ash Borer)
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 09-62
RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA
DEPARTMENT OF AGRICULTURE PLANNING AND PREPAREDNESS GRANT
PROCESS FOR THE DEVELOPMENT OF A PUBLIC TREE INVENTORY
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.
*Sale of 1984 Chevrolet Van
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 09-63
RESOLUTION AUTHORIZING SALE OF EXCESS EQUIPMENT
(1984 CHEVROLET VAN)
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
December 1, 2009
Page 3
*Call for Administrative Hearin~ - Tobacco Compliance Check Violation (Potential
License Revocation) - Wal~reens - 1/5/10
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 09-64
RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON TOBACCO SALES
VIOLATION AND POTENTIAL LICENSE REVOCATION - WALGREENS
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 Hearin~ - First Consideration - Ordinance #426 - Amendment to 2010 Master
Fee Schedule - Ci~arettes and Tobacco Products
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 426, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Cigarettes - Tobacco Products
Sue Virnig, Finance Director, introduced the agenda item. Allen Barnard and 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.
Bill Fiest, Feist Automotive, 1875 Lilac Drive North, stated is opposed to the increase, feels
that businesses have had to adjust their labor rates and reduce prices in these hard
economic times and feels that government should not be raising taxes or increasing license
fees; wanted to know what services the fees cover; stated he has tried to expand his
business but because of his location he is unable to so he has had to make some changes
to his business, stated since he does not sell that many cigarettes he doesn't know if it is
worth it to get a license and doesn't want to pay an increased license fee.
The Mayor closed the public hearing.
Regular Meeting of the City Council
December 1, 2009
Page 4
Public Hearing - First Consideration - Ordinance #426 - Amendment to 2010 Master
Fee Schedule - Cigarettes and Tobacco Products - Continued
MOVED by Pentel, seconded by Freiberg 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
Staff was requested to report back to the City Council the costs associated with the issuing
of the licenses.
Public Hearing - First Consideration - Ordinance #427 - Amendment to Chapter 11 -
Removing Language Regarding the Building Board of Review
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 425, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Sections 4.20, 11.35 and 11.36 Regarding
Removing Reference to the Building Board of Review
Thomas Burt introduced the agenda item. Allen Barnard answered questions from the
Council.
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
Second Consideration - Ordinance #425 - Establishing A 2010 Master Fee Schedule
The following ordinance was MOVED by Pentel, seconded by Shaffer:
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.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on
Second 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
Regular Meeting of the City Council
December 1, 2009
Page 5
Call for Public Hearing -10-1 - 2010 Pavement Management Program - 1/5/10
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-65
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 10-1
2010 PAVEMENT MANAGEMENT PROGRAM
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.
Xcel Energy Request to Install Overhead Utilities on Country Club Drive and Portion
of Douglas Drive
Jeannine Clancy introduced the agenda item and answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to uphold the
Public Works Director's denial of a right-of-way permit to install additional overhead utilities
on Country Club Drive (between Rhode Island and Douglas Drive) and on a portion of
Douglas Drive (between TH 55 and the Olson Memorial Highway North Frontage Road);
and to direct the Public Works Director to prepare a letter advising Xcel Energy that the
proposed improvement project must be designed and constructed so that overhead utilities
for this project are placed underground and that recovery for the nonstandard construction
costs, if any, should be sought through the Minnesota Public Utilities Commission.
Furthermore, staff is directed to oppose any surcharge for the project presented to the
Minnesota Public Utilities Commission.
Announcements of Meetings
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 immediately
following the Special City Council meeting.
Some Council Members may attend the Board of Zoning Appeals/Planning Commission
Holiday Party on December 14, 2009 at 6:30 pm at the Brookview Grill.
The next City Council meeting is December 15, 2009 at 6:30 pm.
Regular Meeting of the City Council
December 1, 2009
Page 6
Announcements of Meetings - Continued
A Bassett Creek Watershed Management Commission meeting will be held on December
17, 2009 at 11 :30 am.
Mavor and Council Communications
Mayor Loomis updated the Council regarding attendance at the Senate Finance
Committee regarding inflow and infiltration.
Adjournment
The Mayor adjourned the meeting at 7:34 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant