12-15-09 CC Minutes
Regular Meeting
of the
City Council
December 15, 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 15, 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 Freiberg, seconded by Scanlon and motion carried unanimously to approve the
agenda of December 15, 2009 as submitted.
Approval of Consent Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of December 15,2009 as submitted.
*Approval of Minutes - Council/Manager Meeting - December 8,2009
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
Council/Manager Meeting minutes of December 8,2009 as submitted.
*Bills and Claims
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*City Gambling Licenses
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley
VFW Post #7051, Minnesota Youth Athletic Services and The Church of St. Maron.
*Fireworks Permit - Sweeney lake Association
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
fireworks display permit for the Sweeney Lake Association.
Regular Meeting of the City Council
December 15, 2009
Page 2
*Solicitor's License - Strom Tree Service aka Donald Strom Tree Service
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Strom Tree Service aka Donald Strom Tree Service.
*Solicitor's License - Team WinmarklComcast
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Team WinmarklComcast.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Open Space and Recreation Commission - October 26, 2009
Envision Connection Board of Directors - October 15, 2009
Bassett Creek Watershed Management Commission - October 15, 2009
*Approval of 2010-2014 Capital Improvement Program
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-66
RESOLUTION APPROVING 2010-2014 CAPITAL IMPROVEMENT PROGRAM
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.
*Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal
Services Funds
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-67
RESOLUTION ADOPTING THE 2010-2011 BUDGETS FOR ENTERPRISE,
SPECIAL REVENUE AND INTERNAL SERVICE FUNDS
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 15, 2009
Page 3
*Acceptance of Donations for OnQoinQ ProQrams and Other Miscellaneous
Donations
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-68
RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS
AND OTHER MISCELLANEOUS DONATIONS
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.
*Receipt of November 2009 General Fund BudQet
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the November 2009 General Fund Budget Report.
*ConsentinQ to Use of Hennepin County's Affordable HousinQ Incentive Fund to
Rehabilitate House Owned by Community Involvement ProQrams - 1816 Zephyr
Avenue North
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-69
RESOLUTION CONSENTING TO USE OF HENNEPIN COUNTY'S
AFFORDABLE HOUSING INCENTIVE FUND TO REHABILITATE HOUSE OWNED
BY COMMUNITY INVOLVEMENT PROGRAMS -1816 ZEPHYR AVENUE NORTH
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 HearinQ - Adoption of 2009 Property Tax Levy Payable 2010, and 2010 General
Fund BudQet
Sue Virnig, Finance Director, presented the 2010 Budget and answered questions from the
Council. Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
December 15, 2009
Page 4
Public Hearing - Adoption of 2009 Property Tax Levy Payable 2010, and 2010 General
Fund Budget - Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Bruce Johnson, 6842 Olympia Street, wanted to know about investment income and
wanted to know the value of those investments, if there were any withdrawals in 2009 and
wanted to know where the information is available on the web site.
Theresa Raymond, 9326 Golden Valley Road, stated her property was originally a 100
year old family farm, stated her taxes went up and wanted to know what the benefit of the
increase was, and why her taxes went up when others in her area went down.
The Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-70
RESOLUTION ADOPTING THE 2009 PROPERTY TAX LEVIES
FOR TAXES PAYABLE 2010
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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-71
RESOLUTION ADOPTING THE 2010 BUDGET
GENERAL FUND BUDGET
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
December 15, 2009
Page 5
Public Hearing - Second Consideration - Ordinance #426 - Amendment to 2010
Master Fee Schedule - Cigarettes and Tobacco Products
The following ordinance was MOVED by Shaffer, 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve on
Second Consideration, Ordinance #426, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearing - Second Consideration - Ordinance #427 - Amendment to Chapter 11 -
Removing Language Regarding the Building Board of Review Rescinding Resolution
88-6, Ratifying Establishment of the Building Board of Review
The following ordinance was MOVED by Shaffer, seconded by Pentel:
ORDINANCE NO. 427, 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 Pentel and motion carried unanimously to approve on
Second Consideration, Ordinance #427, 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 15, 2009
Page 6
Public Hearing - Second Consideration - Ordinance #427 - Amendment to Chapter 11 -
Removing Language Regarding the Building Board of Review Rescinding Resolution
88-6, Ratifying Establishment of the Building Board of Review - Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 09-72
RESOLUTION RESCINDING RESOLUTION 88-61 RATIFYING
ESTABLISHMENT OF THE BUILDING BOARD OF REVIEW
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 2010 General Wages, Salaries, and Monthlv Benefit Contribution for
Non-union Personnel
Paula Graff, HR Coordinator, introduced the agenda item and answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-73
RESOLUTION ESTABLISHING 2010 GENERAL WAGES, SALARIES AND
MONTHLY BENEFIT CONTRIBUTION FOR ALL NON-UNION PERSONNEL
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.
First Consideration - Ordinance #428 - Repealing in its Entirety Section 4.31:
Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater
Management
The following ordinance was MOVED by Freiberg, seconded by Shaffer:
ORDINANCE NO. 428, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control
and Adding a New Section 4:31: Stormwater Management
Regular Meeting of the City Council
December 15, 2009
Page 7
First Consideration - Ordinance #428 - Repealing in its Entirety Section 4.31:
Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater
Management-Continued
Eric Eckman, Public Works Specialist, reviewed the agenda item and answered questions
from the Council. Jeannine Clancy answered questions from the Council.
Thomas Burt introduced the agenda item. Allen Barnard answered questions from the
Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve on
First Consideration, Ordinance #428, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Staff was directed to research and clarify language for second consideration regarding the
number of permits required, Minnehaha Creek Watershed District requirements, buffer
standards, landscape debris and illegal discharges and connections.
Announcements of Meetings
A Bassett Creek Watershed Management Commission meeting will be held on December
17,2009 at 11:30 am.
The City Offices will be closed on December 24 and 25, 2009 in observance of Christmas.
The City Offices will be closed on January 1, 2010 in observance of New Years.
A Special City Council Meeting (Tobacco Administrative Hearing, Walgreens) will be held
on January 5, 2010 at 6:30 pm.
The next City Council meeting is January 5, 2010 at 6:30 pm.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 7:40 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant