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09-21-10 CC MinutesRegular Meeting of the City Council September 21, 2010 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 September 21, 2010 at 6:30 pm. 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. Presentation of Envision Award -Marion Helland -Human Rights Commission Essay Contest Mayor Loomis introduced the agenda item. Christopher Jordan, Human Rights Commission Chair, reviewed the nomination of how Marion Helland began the Human Rights Commission Essay Contest which was held from 1998 until 2009. She worked with Golden Valley educators and youth to promote thoughtful consideration of human rights issues Mayor Loomis presented the Envision Award to Marion Helland. Marion Helland thanked the Council, staff, teachers, school districts and students other volunteers who participated in the Essay Contest.. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Loomis administered the oath of office and presented a Certificate of Appointment, mug and city pin to: George Maxwell, Board of Zoning Appeals. Chuck Segelbaum, Planning Commission, was unable to attend. Approval of Agenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of September 21, 2010 as amended: Addition of Set Executive Session -Steven and Andrea Dargi vs. City of Golden Valley and Northwest Asphalt, Inc. Lawsuit. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of September 21, 2010 as submitted. Regular Meeting of the City Council September 21, 2010 Page 2 *Approval of Minutes -City Council Meeting -September 7, 2010 and Council/Manager Meeting -September 14, 2010 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of September 7, 2010 and Council/Manager Meeting minutes of September 14, 2010 as submitted. *Approval of Check Resister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement -Edina Realty Foundation 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 Edina Realty Foundation. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission -May 13, 2010 *Reguest Hennepin County Board Provide Interim Public Safety Dispatch Services Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-49 RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD PROVIDE INTERIM PUBLIC SAFETY DISPATCHING SERVICES TO THE CITY OF GOLDEN VALLEY 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 September 21, 2010 Page 3 *Approval of Plat -Hendrickson Commons Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-50 RESOLUTION FOR APPROVAL OF PLAT - HENDRICKSON COMMONS 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 fallowing 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. Continued Public Hearing -First Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE N0.447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY Jeannine Clancy introduced the agenda item and answered questions from the Council. Thomas Burt answered question from the Council. Jim Strommen, Kennedy & Graven, represents the Suburban Rate Authority, reviewed the amendments 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. Shepard Harris, 2425 Zane Avenue North, supports the fee and thanked the Council and staff for designating the project and sunset clause; asked when the sunset clause will be established; the financing will be figured out; the design stage will start; stated he wished it could begin earlier; stated he sees a need for project because of safety issues, better pedestrian usage and economic development possibilities and asked if there were a way the project could be moved up. The Mayor closed the public hearing. Regular Meeting of the City Council September 21, 2010 Page 4 Continued Public Hearing -First Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy -Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve Ordinance #447, 2nd Series on First Consideration. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES Announcements of Meetings A Faith Community meeting will be held on September 22, 2010 at 3 pm. A Bridge Builder meeting for the City's 125th Anniversary will be held on September 22, 2010 at 7 pm. A Bassett Creek Watershed Management Commission meeting will be held on September 23, 2010 at 11:30 am. Some Council Members may attend the Trustone Financial Neighborhood Picnic on September 25, 2010 from 10 am until 2 pm at the Golden Valley Branch. The League of Women Voters will hold a meeting on September 25, 2010 at 11:30 am at Divaniis. Some Council Members may attend the Lilac Planting on October 2, 2010 at 8:30 am at the Welcome Center, 9010 Olson Memorial Highway. The next City Council meeting will be held on October 5, 2010 at 6:30 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on October 14, 2010 at 7 pm at the Golden Valley Historical Society. Mayor and Council Communications No action and/or discussion took place. Addition of Set Executive Session -Steven and Andrea Dargi vs. City of Golden Valley and Northwest Asphalt, Inc. Lawsuit Thomas Burt introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adjourn to the Executive Session immediately following the City Council meeting. Regular Meeting of the City Council September 21, 2010 Page 5 Adjournment The Mayor adjourned the meeting at 7:15 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant