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12-18-07 CC Minutes unsigned Regular Meeting of the City Council December 18, 2007 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 18, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Citizen Commendation Award to Jeremy Keeler Mayor Loomis introduced the agenda item. Chief Stacy Altonen presented Jeremy Keeler with Citizen Commendation Award for rendering his assistance on September 28, 2007 when he observed the driver of a motor vehicle having a seizure while behind the wheel of a moving vehicle near Highway 100 and 55. The vehicle crashed into the median, and the driver still had his foot on the accelerator, and was unable to control the vehicle. Mr. Keeler broke out the passenger window, entered the vehicle, and turned off the ignition, preventing further injury to the driver and other motorists. The Council expressed their appreciation to Mr. Keeler. Approval of Agenda MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the agenda of December 18, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the consent agenda of December 18, 2007 as amended: Removal of Approval of Minutes - City Council Meeting - November 20 and December 4, 2007; and City Gambling Licenses. Approval of Minutes - Citv Council Meetinq - November 20 and December 4, 2007 Mayor Loomis requested an amendment to the December 4, 2007 minutes under First Consideration - Ordinance #394 - Electric Franchise - Northern States Power d/b/a Xcel Energy. She requested the minutes reflect that she disclosed that she owns stock in Excel Energy. Regular Meeting of the City Council December 18, 2007 Page 2 Approval of Minutes - City Council Meeting - November 20 and December 4, 2007 - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of November 20, 2007 minutes as submitted; and the December 4, 2007 as amended: under First Consideration - Ordinance #394 - Electric Franchise - Northern States Power d/b/a Xcel Energy. Mayor Loomis acknowledged at the December 18, 2007 meeting that she neglected to disclose that she owns stock in Excel Energy. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Citv Gamblinq Licenses Mayor Loomis recognized the Chester Bird American Legion Post #523 and VFW Post #7051 stating that the funds raised from these organizations are used to contribute to a variety of groups within the Community. MOVED by Loomis, seconded by Freiberg 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, Bolder Options and The Church of St. Maron. *Fireworks Permit - Sweenev Lake Association MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for the Sweeney Lake Association. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - September 5, 2007 Regular Meeting of the City Council December 18, 2007 Page 3 Sewer Televisinq Truck - Quote MOVED by Pentel, seconded by Freiberg and motion carried unanimously to purchase a 2007 Ford cutaway cab chassis truck from the State of Minnesota contract from Monticello Ford-Dodge for $27,883.83. Letter from Marc Meirovitz Reqardinq Resiqnation from Human Services Foundation MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Marc Meirovitz, dated December 7, 2007 regarding resignation from the Human Services Foundation; and request the Mayor send him a letter of appreciation in recognition for his service to the community. *Approval of 2007 General Waqes, Salaries, Monthly Benefit Contribution, Additional Floatinq Holidav and Standard Mileaqe Rate for Non-Union Personnel Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-74 RESOLUTION ESTABLISHING 2008 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 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. *Approval of Amended Emplovee Handbook Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-75 RESOLUTION ADOPTING AMENDMENTS TO THE EMPLOYEE HANDBOOK 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 18, 2007 Page 4 *Approval of Citv Manaqer Salary Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-76 RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT 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. *Approval of 2008-2012 Capital Improvement Proqram (CIP) and Adopt Budqets for 2007 Capital Improvement Proqram for Vehicles and Equipment, Buildinqs and Parks Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-77 RESOLUTION ADOPTING THE 2007 BUDGETS OF THE EQUIPMENT REPLACEMENT, BUILDING AND PARK IMPROVEMENT CAPITAL PROJECT FUNDS 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. *Adoption of 2008 Budqets -Water and Sewer Utilitv, Brookview Golf, Motor Vehicle Licensinq, Conservation/Recyclinq Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-78 RESOLUTION ADOPTING THE 2007 BUDGET OF THE WATER AND SEWER UTILITY FUND 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 18, 2007 Page 5 *Adoption of 2008 Budgets - Water and Sewer Utilitv, Brookview Golf, Motor Vehicle Licensinq, Conservation/Recvclinq Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-79 RESOLUTION ADOPTING THE 2007 BUDGET OF THE BROOKVIEW GOLF FUND 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 07-80 RESOLUTION ADOPTING THE 2007 BUDGET OF THE MOTOR VEHICLE LICENSING FUND 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 07-81 RESOLUTION ADOPTING THE 2007 BUDGET OF THE CONSERVATION/RECYCLING FUND 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 07-82 RESOLUTION ADOPTING THE 2007 BUDGET OF THE STORM SEWER UTILITY FUND Regular Meeting of the City Council December 18, 2007 Page 6 *Adoption of 2008 Budqets - Water and Sewer Utility, Brookview Golf, Motor Vehicle Licensing, Conservation/Recycling Storm Sewer Utilitv, Human Services Foundation and Vehicle Maintenance Funds - Continued 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 07-83 RESOLUTION ADOPTING THE 2007 BUDGET OF THE HUMAN SERVICES FOUNDATION 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 07-84 RESOLUTION ADOPTING THE 2007 BUDGET OF THE VEHICLE MAINTENANCE FUND 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. *Metropolitan Council Environmental Services (MCES) Foundation Drain Separation Reimbursement Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-85 RESOLUTION AGREEING TO PARTICIPATE IN THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) OFFER OF MATCHING GRANT MONIES TO CITIES FOR FOUNDATION DRAIN SEPARATION PROJECTS Regular Meeting of the City Council December 18, 2007 Page 7 Metropolitan Council Environmental Services (MCES) Foundation Drain Separation Reimbursement Proqram 07-85 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. *Authorization to Siqn Contract Extension with North American Cleaninq Services MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager sign the contract extension until December 31, 2009 with North American Cleaning Services for $71,984 per year. *Receipt of November 2007 General Fund Budqet Report and Capital Improvement Plan Report MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the November 2007 General Fund Budget Report and November 2007 Capital Improvement Plan Year-to-Date Report. *Board/Commission Appointments MOVED by Pentel, seconded by Freiberg and motion carried unanimously to make the following appointments: Board of Zoning Appeals: Chuck Segelbaum 1 year term 5/1/08 Human Services Foundation Diane Nimmer 3 year term 5/1/10 Human Rights Commission Jay Sandvik 3 year term 5/1/10 Open Space and Recreation Commission Ken Graves 3 year term 5/1/10 Call for Public Hearinq - Multifamily Housinq Development and Issuance of Bond or Note - Hammer Residences, Inc. - 1/8/08 Sue Virnig, Finance Director, introduced the agenda item. Regular Meeting of the City Council December 18, 2007 Page 8 Call for Public Hearinq - Multifamily Housinq Development and Issuance of Bond or Note - Hammer Residences, Inc. - 1/8/08 - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-86 RESOLUTION RELATING TO FINANCING MULTIFAMILY HOUSING DEVELOPMENTS UNDER THE MUNICIPAL HOUSING PROGRAMS ACT; AND CALLING FOR A PUBLIC HEARING THEREON HAMMER RESIDENCES, INC. 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. *Acceptinq Donations for Ongoinq Proqrams Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-87 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS 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. Public Hearinq - Adoption of 2008 Property Tax Levv, General Fund Budget Sue Virnig, Finance Director, presented the 2008 Budget 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-88 RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA AUTHORIZING A LEVY FOR 2008 Regular Meeting of the City Council December 18, 2007 Page 9 Public Hearinq - Adoption of 2008 Propertv Tax Levv, General Fund Budqet- Continued The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-89 RESOLUTION ADOPTING THE 2008 BUDGET OF THE GENERAL FUND The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 - Comprehensive Plan General Land Use Chapter - Adoption of I-394 Corridor Study Mark Grimes, Director of Planning and Development; introduced the agenda item and answered questions from the Council. Cathy Waldhauser, Planning Commissioner, presented the Commission report 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. Brad Gunn, Malkerson, Gilliland, Martin representing Wagener Properties, 7400 Wayzata Boulevard, stated the I-394 corridor is an area with a lot of traffic, frontage roads, interchanges and is well-suited for retail/commercial uses; feels this study changes that use by recommending residential uses and requests the Council reconsider housing in that area; feels that auto dealerships provide jobs and public services; the comp plan approves that specially dealerships be replaced or phased out; suggested that dealerships be conditional uses with some limited expansion; expressed concern over what Council and staff may change in the future and request the Council not approve the study but if they do they should make car dealerships a conditional use. The Mayor closed the public hearing. Regular Meeting of the City Council December 18, 2007 Page 10 Public Hearinq - Comprehensive Plan General Land Use Chapter -Adoption of I-394 Corridor Study - Continued Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-38 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN BY ADOPTING THE I-394 CORRIDOR STUDY The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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 - General Land Use Plan Map Amendment- I-394 Corridor Studv Area Mark Grimes, Director of Planning and Development; introduced the agenda item and answered questions from the Council. 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. Brad Gunn, Malkerson, Gilliland, Martin representing Wagener Properties, 7400 Wayzata Boulevard, asked that his comments from the previous hearing be included for this hearing as well; stated the I-394 corridor is an area with a lot of traffic, frontage roads, interchanges and is well-suited for retail/commercial uses; feels this study changes that use by recommending residential uses and requests the Council reconsider housing in that area; feels that auto dealerships provide jobs and public services; the comp plan approves that specially dealerships be replaced or phased out; suggested that dealerships be conditional uses with some limited expansion; expressed concern over what Council and staff may change in the future; request the Council not approve the study but if they do they should make car dealerships a conditional use; and would like the Council to allow dealerships as free standing buildings as conditional uses. Steve Fichtel, 435 Idaho Avenue North, Morrie's Architect, stated the proposed language allows a number of uses that are permitted by conditional use; wants the Council to note that there may be unintended consequences for adopting the new amendment; would like auto dealerships to be approved as a conditional use; and feels that the tearing down of buildings and building new buildings may have an impact on the global environment. The Mayor closed the public hearing. Regular Meeting of the City Council December 18, 2007 Page 11 Public Hearinq - General Land Use Plan Map Amendment- I-394 Corridor Study Area - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-37 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES IN THE I-394 CORRIDOR STUDY AREA 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, Pentel, Scanlon and Shaffer; and the following voted against the same: Loomis, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Second Consideration - Ordinance #393 - Establishing a 2008 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 393, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing a 2007 Master Fee Schedule Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by snat't'er and motion carried unanimously to approve on Second Consideration, Ordinance #393, 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 #394 - Electric Franchise - Northern States Power d/b/a Xcel Enerqy Mayor Loomis disclosed she owns stock in Excel Energy but it is not a conflict of interest. The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 394, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Electric Franchise - Northern States Power d/b/a Xcel Energy Regular Meeting of the City Council December 18, 2007 Page 12 Second Consideration - Ordinance #394 - Electric Franchise - Northern States Power d/b/a Xcel Enerqy - Continued Jeff Oliver, City Engineer, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve on Second Consideration, Ordinance #394, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetinqs Some Council Members may attend the Board of Zoning Appeals/Planning Commission Holiday Party on December 19, 2007 at 6:30 pm at the Brookview Grill. The next Bassett Creek Water Management Commission will be held on December 20, 2007 at 11:30 am. The City Offices are closed on Monday, December 24, 2007 and Tuesday, December 25, 2007 in observance of Christmas. The City Offices are closed on Tuesday, January 1, 2008 in observance of New Year's. The next City Council meeting will be held on January 8, 2008 at 6:30 pm. The next Housing and Redevelopment Authority Meeting meeting will be held on January 15, 2008 at 6:30 pm. The next Council/Manager meeting will be held on January 15, 2008 immediately following the HRA meeting. A Bassett Creek Water Management Commission will be held on January 17, 2008 at 11:30 am. Council Strategic Planning Workshop dates are Saturday, February 2 and March 8, 2008 at the Brookview Grill, starting at 9 am. Set Date for 2008 Council Strateqic Planning Workshop Mayor Loomis introduced the agenda item. Thomas Burt answered questions from the Council. Regular Meeting of the City Council December 18, 2007 Page 13 Set Date for 2008 Council Strateqic Planninq Workshop - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set the 2008 Council Strategic Planning Workshop dates as Saturday, February 2 and March 8, 2008 at the Brookview Grill, starting at 9 am. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7:52 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant