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12-07-10 CC MinutesRegular Meeting of the City Council December 7, 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 December 7, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Citizen Commendation Award - Casey O'Brien Mayor Loomis introduced the agenda item. Chief Stacy Altonen presented Casey O'Brien with a Citizen Commendation Award for immediately starting CPR and connecting a defibrillator which shocked Andrew Bauer prior to arrival of the first responders after a hockey game at Breck Ice Arena. Scott Bredael, Steve Hoglund and Paul Berman also helped by calling 911 and finding the defibrillator. Andrew Bauer and all the people who assisted with the emergency were also present. The Council expressed their appreciation to Mr. O'Brien and all the others who helped during the emergency. Receipt of Human Services Foundation 2011 Allocation Report Dan Blumb, Human Services Foundation Chair, reviewed the funding report and answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the 2011 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 Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of December 7, 2010 as submitted. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of December 7, 2010 as amended: removal of Receipt of October 2010 Financial Reports. Regular Meeting of the City Council December 7, 2010 Page 2 *Approval of Minutes -Council/Manager -November 9, 2010 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Council/Manager minutes of November 9, 2010 as submitted. *Approval of Check Register 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. Solicitor's License -Zaback Services, LLC MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Zaback Services, LLC. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Minneapolis Water Advisory Board -June 17, 2010 Human Services Foundation -October 11, 2010 Environmental Commission -October 25, 2010 Envision Connection Project Board of Directors -October 21, 2010 Bassett Creek Watershed Management Commission -October 21, 2010 *Bassett Creek Restoration (Reach II) -Bids MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid for Bassett Creek restoration (Reach II) to the lowest responsible bidder, Minnesota Dirt Works, Inc. for $305,207. The bids are as follows: Minnesota Dirt Works, Inc. $305,207.00 Quiring Excavating, LLC. $335,315.00 Park Construction Company $339,605.90 Sunram Construction, Inc. $383,259.50 Veit & Company, Inc. $476,200.00 Regular Meeting of the City Council December 7, 2010 Page 3 *Authorization to Sian Amended Hennepin County Violent Offender Task Force Co-operative Agreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the amended Hennepin County Violent Offender Task Force 2010 Co-operative Agreement. *Authorization to Sign Agreement with WSB & Associates, Inc. and Bassett Creek Watershed Management Commission for Bassett Creek Restoration Reach I Project MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the Cooperative Agreement for Stream Bank Restoration on the Main Stem of Bassett Creek between the Bassett Creek Watershed Management Commission and the City of Golden Valley. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the agreement with WSB & Associates for engineering services for Bassett Creek restoration (Reach 1) for $89,736. *Harold Avenue and Rhode Island Avenue North Reconstruction -Call for Feasibility Study and Authorization to Sign Contract with SEH, Inc. for Design Services Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-70 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IMPROVEMENT CITY PROJECT 12-02 HAROLD AVENUE AND RHODE ISLAND AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the agreement with SEH, Inc. for engineering services for Harold Avenue and Rhode Island Avenue North reconstruction for $223,900. Regular Meeting of the City Council December 7, 2010 Page 4 *Approval of 2011-2015 Capital Improvement Program Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-71 RESOLUTION APPROVING 2011-2015 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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 2011-2012 Budget for Enterprise, Special Revenue and Internal Services Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-72 RESOLUTION ADOPTING THE 2011-2012 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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 2010 Financial Reports Council Member Pentel had questions regarding use of the fund balance. Sue Virnig, Finance Director, answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the October 2010 Financial Reports. *Reappointment of City Manager to Joint Water Commission Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-73 RESOLUTION REAPPOINTING THE CITY MANAGER AS CITY OF GOLDEN VALLEY REPRESENTATIVE ON THE GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION Regular Meeting of the City Council December 7, 2010 Page 5 *Reappointment of City Manager to Joint Water Commission The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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. *Authorization to Sign Grant Agreement Amendment 1 with Hennepin County for 2011 Residential Curbside Recycling Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-74 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH HENNEPIN COUNTY FOR RESIDENTIAL CURBSIDE RECYCLING The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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. *Authorization to Sign Agreement (Amendment #2) for Energy, Efficiency, and Conservation Block Grant Program with Department of Commerce and Award Contracts for Projects -Building Fixture Retrofit and Traffic Signal Conversion 10-75 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-75 RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF COMMERCE, AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY, AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE AMERICAN REINVESTMENT AND RECOVERY ACT The motion for the adoption of the foregoing resolution was seconded by Member Shaffer upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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 7, 2010 Page 6 *Second Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 452, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2010 Master Fee Schedule MOVED by Pentel, seconded by Shaffer and motion carried to approve on Second Consideration, Ordinance #452, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -ABSENT SNAPPER -YES Supporting Community Schools for Robbinsdale School District Council Member Shaffer acknowledged the resolution for support for using Olson School as an elementary magnet school. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-76 RESOLUTION SUPPORTING COMMUNITY SCHOOLS FOR ROBBINSDALE SCHOOL DISTRICT 281 IN GOLDEN VALLEY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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 -Second Consideration -Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE #451 AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council December 7, 2010 Page 7 Public Hearing -Second Consideration -Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco -Continued 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 Freiberg, seconded by Shaffer and motion carried to adopt on Second Consideration Ordinance #451, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -ABSENT SHAFFER -YES Public Hearing -Adoption of 2010 Property Tax Levy Payable 2011 and 2011-2012 General Fund Budget Sue Virnig, Finance Director, reviewed the budget and answered questions from the Council. Thomas Burt answered questions from the Council. The distributed information included information regarding the budget schedule; newsletter articles published and available on the city web site, overall schedule for 2011 proposed levy; proposed property tax calculations for city portion; analysis of percent changes in total tax bills, tax capacity, property tax classification sample; proposed tax calculation of city portion of home with increases, pavement management program; 2011 proposed budget, total general fund expenditures, challenges for 2012; property tax breakdown for school district 281 and school district 270, city tax rates since 2002 and other truth in taxation meetings. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their view thereon. Margaret Peterson, 2205 Wisconsin Avenue North, stated her taxes increased but her value went down, her taxes have increased 10.6%; feels that in the depressed market she would like to see conservative increases in state and city taxes; feels that all government and school districts should reduce their costs. Bill Feist, 1875 Lilac Drive North, gas station owner, stated he does meet with Hennepin County and his value has not gone up in a number of years; questioned why his value stayed the same but his taxes went up; stated he has made improvements on his station over the years and wishes he could do more but because the site is so small he is not able to; stated he has cut costs in his business but can't afford to absorb the increase in his taxes and has to pass them on to the customer; stated he is meeting with potential buyers and would like the Council to be receptive to any changes on the site. Regular Meeting of the City Council December 7, 2010 Page 8 Public Hearing -Adoption of 2010 Property Tax Levy Payable 2011 and 2011-2012 General Fund Budget Ed Budilovsky, 2121 Toledo Avenue North, wanted to know how the taxes are determined; stated so many people park on both sides of the street it is difficult to get through; stated the plows only seem to plow on one side of the street; stated there is no Toledo street sign and people have a hard time finding his house; wanted to know who determined that Douglas Drive should be reduced to one lane each way with a center lane; stated that bike riders take up the road sometimes and no one can pass so people pass them by going into the center lane. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-77 RESOLUTION ADOPTING THE 2010 PROPERTY TAX LEVIES FOR TAXES PAYABLE 2011 The motion for the adoption of the foregoing resolution was seconded by Member Pentel upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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 10-78 RESOLUTION ADOPTING THE 2011 BUDGET OF THE GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was seconded by Member Pentel upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Scanlon, 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. Announcements of Meetings An Executive Session will be held immediately following the City Council meeting on December 7, 2010 to conduct the Manager's performance review. Some City Council Members may attend the League of Women Voters pot luck on December 11, 2010. Regular Meeting of the City Council December 7, 2010 Page 9 Announcements of Meetings -Continued The next Council/Manager meeting will be held on December 14, 2010 at 6:30 pm. Breck School may be issuing an invitation to tour the Breck facility on December 14, 2010 but the tour has not been confirmed. A Bassett Creek Watershed Management Commission meeting will be held on December 16, 2010 at 11:30 am. Some Council Members may attend the Planning Commission Holiday Party on December 16, 2010 from 6 to 8 pm at Davanni's. The next City Council meeting will be held on December 21, 2010 at 6:30 pm. Manor and Council Communications Mayor Loomis stated the Minneapolis Park has reconvened the Theodore Wirth Park Citizen Advisory Committee to look at the entire park site. Damon Struyk has agreed to continue to represent the City on the Committee. There are some concerns regarding the north end of the park from residents and emails pertaining to their complaints have been forwarded to the Park Board. Adjournment The Mayor adjourned the meeting at 7:55 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant