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12-20-11 CC Minutes Regular Meeting of the City Council December 20, 2011 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 20, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment Debra Yahle, Environmental Commission member was unable to attend. Conqressional Record Recoqnizinq Golden Vallev, Minnesota Mayor Loomis stated that a member of the 125th Anniversary Committee was going to be at the meeting but he was unable to attend to make the presentation. Mayor Looms presented to the Council the Congressional Record recognition of Golden Valley that Representative Franken was able to get into the Senate record. Approval of Aqenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of December 20, 2011 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of December 20, 2011 as amended: removal of Authorization to Sign Agreement with Stantec for Streetscape Asset Management Plan, Authorization to Sign Amended Agreement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services and Second Consideration - Ordinance #477 - Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements. *Approval of Minutes - Citv Council Meetinq - November 1, 2011 and Council/Manaqer Meetinq - November 9, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of November 1, 2011 and Council/Manager Meeting minutes of November 9, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment �f the City and Housing and Redevelopment bills as submitted. Regular Meeting of the City Council December 20, 2011 Page 2 �General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *City Gamblinq Licenses MOVED by Freiberg, 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 Crystal Lions. *Fireworks Permit - Sweenev Lake Homeowner's Association MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the fireworks display permit for the Sweeney Lake Homeowner's Association. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - October 5, 2011 Minneapolis Water Board - August 25, 2011 Envision Connection Project Board of Directors - September 15, 2011 Bassett Creek Watershed Management Commission - October 20, 2011 *City Newsletter Printinq/Mail Handlinq - Quotes MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the printing and mail handling for six issues of the City newsletter for 2012 to the lowest responsible bidder, Leffler Printing for $17,370.00. The quotes are as follows: teffler Printing $17,370.00 MLB Printing $17,790.00 Nystrom Publishing $17,944.00 Printing Enterprises $18,600.00 Wallace Carlson $19,311.60 Brooklyn Printing $19,590.00 Custom Business Forms $22,116.00 Printing Enterprises $22,200.00 Catalyst Graphics $22,968.00 Did not bid specified paper stock Choice Printed Products $23,214.00 John Roberts Company $25,602.00 Express Press $29,066.76 APEX $29,686.80 MPX Group $29,948.88 Regular Meeting of the City Council December 20, 2011 Page 3 *Authorization to Siqn Patrol Officer (LELS Local 27) Aqreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the 2012-2013 Patrol Officer agreement. *Authorization to Siqn Police Serqeants (LELS Local 304) Aqreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the 2012-2013 Police Sergeants agreement. *Approval of 2012 General Waqes and Salaries for Non-union Personnel Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 78 RESOLUTION ESTABLISHING 2012 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNE� 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 Citv Manaqer SalarY Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 79 RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT 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. *Amendinq Health Reimbursement Arranqement (HRA) Plan Documents Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-80 RESOLUTION AMENDING THE HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN DOCUMENTS Regular Meeting of the City Council December 20, 2011 Page 4 *Amendinq Health Reimbursement Arranqement (HRA) Plan Documents - Continued 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. *Adoption of New of Emplovee Handbook Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 81 RESOLUTION ADOPTING A NEW EMPLOYEE HANDBOOK 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. *Adoption of Fund Balance Policv for General Fund and Fund Balance Year-End Classifications Policv Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 82 RESOLUTION ADOPTlNG FUND BAlANCE POLICY FOR GENERAL FUND 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 83 RESOLUTION ADOPTING FUND BALANCE YEAR-END CLASSIFICATIONS POLICY IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD Regular Meeting of the City Council December 20, 2011 Page 5 *Adoption of Fund Balance Policv for General Fund and Fund Balance Year-End Classifications Policv - Continued 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 Accessibilitv, Desiqn, Policv and Implementation Manual for Public Riqhts-of-Wav MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Accessibility, Design, Policy and Imp/ementation Manual for Public Rights-of-Way document. Authorization to Siqn Aqreement with Stantec for Streetscape Asset Manaqement Plan Council Member Freiberg requested staff review the plan. Thomas Burt and Jeannine Clancy answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign an agreement with Stantec, Inc. for development of the Streetscape Asset Management Plan for $60,570. *Authorization to Siqn Contract Extension with North American Cleaninq Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the Amendment with North American Cleaning Services for cleaning services for 2012 and 2013 for $71,984 per year. *Authorization to Siqn Aqreement with Bassett Creek Watershed Manaqement Commission for Construction and Maintenance of Sweenev Lake Outlet MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the agreement with the Bassett Creek Watershed Management Commission for the construction of the Sweeney Lake outlet structure. *Authorization to Siqn Aqreement with Bassett Creek Watershed Commission for Construction and Maintenance and Authorization to Siqn Aqreement with Barr Enqineerinq Co. for Desiqn and Construction Coordination of Wirth Lake Outlet MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the cooperative agreement with the Bassett Creek Watershed Management Commission for the design and construction of the Wirth Lake outlet structure. Regular Meeting of the City Council December 20, 2011 Page 6 *Authorization to Siqn Aqreement with Bassett Creek Watershed Commission for Construction and Maintenance and Authorization to Siqn Aqreement with Barr Enqineerinq Co. for Desiqn and Construction Coordination of Wirth Lake Outlet - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager sign the agreement with Barr Engineering Company for professional services related to the Wirth Lake outlet structure. Authorization to Sipn Amended Aqreement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Proqram Monitorinq Services Council Member Freiberg had questions about binding a future Council to the agreement if it is determined an upgrade to the inflow/infiltration program is needed. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the City Manager to sign an amended agreement with Short Elliott Hendrickson, Inc. for inflow and infiltration inspection and program monitoring services. *Authorization to Send Letter to Three Rivers Park District Reqardinq Trail Svstem Winter Maintenance MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor to send a letter to Three Rivers Park District requesting that the Park District maintain the Luce Line Trail during the winter months. Second Consideration - Ordinance #477 -Amendment to Section 6.35 Reqarding Waste Hauler Contract and Licensinq Requirements The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 477, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements Rich Baker, Environmental Commission, presented the Commission report. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #477, 2nd Series. The vote was as follows: FREIBERG -YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council December 20, 2011 Page 7 *Receipt of November Financial Reports MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the November 2011 Financial Reports. *Quthoriza#ion to Siqn Enqaqement Letter with Mallov, Montaque, Karnowski, Radosevich, & Co. for 2011 Audit Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2011 audit services for $43,900. *Acceptance of Donations for Onqoinq Proqrams and Other Miscellaneous Donations Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-84 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. '�Waiver of Public Hearinq and Certification of Special Assessments: 2011(B) Pavement Manaqement Proqram Drivewavs and 2011(B) Pavement Manaqement Proqram Sanitarv Sewer Repairs Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-85 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2011(B) CITY STREET IMPROVEMENTS 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 20, 2011 Page 8 *Waiver of Public Hearinq and Certi�cation of Special Assessments: 2011(B) Pavement Manaqement Proqram Drivewavs and 2011(B) Pavement Manaqement Proqram Sanitary Sewer Repairs - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-86 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2011(B) CITY STREET IMPROVEMENTS 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. *Appointment to Carinq Youth Recoqnition Board MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Council Member Scanlon as the City's representative on the Caring Youth Recognition Board. Human Riqhts Commission Mayor Loomis introduced the agenda item. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-87 RESOLUTION REGARDING CERTAIN ACTIONS AND MEMBERS OF THE GOLDEN VALLEY HUMAN RIGHTS COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Announcements of Meetinqs The City Offices are closed on Friday, December 23, 2011 and Monday, December 26, 2011 in observance of Christmas. The City Offices are closed on Monday, January 2, 2012 in observance of New Year's. Regular Meeting of the City Council December 20, 2011 Page 9 Announcements of Meetinqs - Continued The next City Council meeting will be held on January 3, 2012 at 6:30 pm. The next Housing and Redevelopment Authority meeting will be held on January 10, 2012 at 6:30 pm. The next Council/Manager meeting will be held on January 10, 2012 immediately following the HRA meeting. Mavor and Council Communications No action and/or discussion took place. Recoqnition of Service - Linda Loomis and Bob Shaffer Council Member Pentel presented Linda Loomis with an engraved pewter bowl and gavel plaque for her service as the Mayor from 2002 to 2011. Council Member Pentel presented Bob Shaffer with an engraved pewter bowl for his service as Council Member from 2004 to 2011. Adiournment The Mayor adjourned the meeting at 8:20 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant