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02-19-08 Regular Meeting of the City Council February 19, 2008 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 February 19, 2008 at 6:38 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. Oath of Office - FirefiQhters Rvan HerinQ, Aaron Johnson, Peter Radermacher and Beniamin Voael John Crelly, Battalion Chief, introduced the newest Firefighters Ryan Hering, Aaron Johnson, Peter Radermacher and Benjamin Vogel. Mayor Loomis gave the oath of office to Firefighters Ryan Hering, Aaron Johnson, Peter Radermacher and Benjamin Vogel. The Council congratulated Firefighters Hering, Johnson, Radermacher and Vogel. Approval of AQenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of February 19, 2008 as amended: Consent Agenda - Change title of item from Gambling Premises Permit Application - Suburban Law Enforcement Association to Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club; and addition of Council Liaisons and Other Assignments. Approval of Consent AQenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the items on the consent agenda as amended: Removal of Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club and addition of Council Liaisons and Other Assignments. Mayor Loomis read the items listed on the consent agenda. * Approval of Minutes: City Council MeetinQ - February 6, 2008, Special CouncillManaQer MeetinQ - February 6, 2008 and CouncillManaQer MeetinQ - February 12, 2008 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes for February 7, 2008, Special Council/Manager Meeting minutes of February 6, 2008 and the Council/Manager Meeting for January 15, 2008 as submitted. Regular Meeting of the City Council February 19, 2008 Page 2 *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City as submitted. *Gamblina License Exemption and Waiver of Notice ReQuirement.. St. David's Child Development and Family Services 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 St. David's Child Development and Family Services. *Gamblina License Exemption and Waiver of Notice ReQuirement.. American Cancer Society Council Member Freiberg removed himself from consideration of this item due to a potential conflict of interest. MOVED by Pentel, seconded by Shaffer and motion carried to receive and file the gambling license exemption and approve the waiver of notice requirement for American Cancer Society. Council Member Freiberg abstained. Gamblina License Exemption and Waiver of Notice ReQuirement.. Northwest Suburban Optimist Club Council Member Pentel announced the date for the Gala and Silent Auction which is scheduled for May 15, 2008. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. *Therapeutic Massaae Facility .. Artistic Uraes LLC d/b/a Artistic Uraes Hair Consultants MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of a therapeutic massage facility license to Artistic Urges LLC d/b/a Artistic Urges Hair Consultants at 1405 North Lilac Drive, Suite 114. *Therapeutic Massaae Certificate.. Janet Midthun MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Janet Midthun at Artistic Urges Hair Consultants, 1405 North Lilac Drive, Suite 114. Regular Meeting of the City Council February 19,2008 Page 3 *Therapeutic Massaae Certificate - Rebecca Swanson MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Rebecca Swanson at Artistic Urges Hair Consultants, 1405 North Lilac Drive, Suite 114. *Gamblina Premises Permit Application - Suburban Law Enforcement Association Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08.8 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (SUBURBAN LAW ENFORCEMENT ASSOCIATION) 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. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - January 14, 2008 Human Services Foundation - November 5, 2007 Environmental Commission - December 17, 2007 Bassett Creek Water Management Commission - December 21, 2007 *Bids - Rescue Vehicle MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and to approve the purchase of one Ford F-550 Diesel chassis/cab from Elk River Ford-Dodge- Jeep for the amount of $42,823.99 and authorize Rosenbauer General Safety Equipment LLC to construct the extended rescue box, option #2, and paint chassis/cab and rescue box for the amount of $88,053, for a total expenditures $130,876.99. The bids are as follows: Regular Meeting of the City Council February 19, 2008 Page 4 *Bids - Rescue Vehicle - Continued Chassis Extruded Rescue Box Chassis & Box Option #2 (rear seats) Paint (chassis/cab & box) Rosenbauer General Safety Equipment LLC $47,802 83,453 131 ,455 3,000 1,600 Clarey's No bid No bid $160,473 No bid No bid North Central Ambulance $44,984 123,962 168,946 No bid No bid *Quotes - Utility Trailer and Attachments MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the purchase of one new 2008 John Deere Utility Tractor, side flail mower and front mount sweeper and to trade in the City's 1994 John Deere Tractor, flail mower and front sweeper for a total purchase price, including Minnesota sales tax, in the amount of $57,223.13. *Quotes - Green/Tee Mower MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve purchase of one Greenrree mower from Minnesota Toro Inc. for the amount of $28,624.01. *5upport of Federal Appropriation ReQuest for Improvements in the Vicinity of TH 100 and 1-394 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-9 RESOLUTION IN SUPPORT OF A FEDERAL APPROPRIATION REQUEST FOR TRUNK HIGHWAY 100 AND INTERSTATE 394/XENIA AVENUE/PARK PLACE BOULEVARD COLLECTOR-DISTRIBUTOR ROAD IMPROVEMENT PROJECT 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. *Letter from Bill Anderl Reaardina 1/1 Proaram MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Bill Anderl, dated February 5,2008 regarding the inflow/infiltration program. Regular Meeting of the City Council February 19, 2008 Page 5 *Email from Bob Lazear Regarding Impact of Duke Realty Frontage Road Proiect on South Tyrol Neighborhood MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Bob Lazear, dated February 11, 2008 regarding impact of Duke Realty Frontage Road Project in South Tyrol neighborhood. *Email from Kenneth Huber Regarding South Tyrol Hills Memo on DukelWest End MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Kenneth Huber, dated February 12, 2008 regarding South Tyrol Hills memo on Duke/West end *Email from Karl Batalden, Twin Cities Habitat for Humanity Regarding Foreclosure Remediation Proposal MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the email from Karl Batalden, dated February 6, 2008 regarding Twin Cities Habitat for Humanity Regarding Foreclosure Remediation proposal. *Receipt of Safe & Sober Challenge Grant Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-10 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD 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. *Council Liaisons and Other Assignments MOVED by Pentel, seconded by Shaffer and motion carried to make the following appointments: Council Liaisons Board of Zoning Appeals Building Board of Review Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Shaffer, Pentel Pentel Freiberg Shaffer, Loomis Scanlon, Loomis Freiberg, Loomis Freiberg, Shaffer Pentel, Scanlon Regular Meeting of the City Council February 19, 2008 Page 6 *Council Liaisons and Other Assignments - Continued Other AssiQnments Northwest Suburbs Cable Communications Commission Northwest Hennepin Human Services Council Executive Board Golden Valley Historical Society Board Member Robbinsdale School District 281 Government Advisory Committee Hopkins School District 270 Cities Joint Monthly Meetings Northwest Metro Transit Study Task Force Joint Water Planning and Governance Task Force 1-394 Joint Task Force Legislative Liaison and Spokesperson Association of Metropolitan Municipalities Public Hearing - 2008-2009 Pavement Management Program Shaffer pentel Freiberg Scanlon Loomis Scanlon Loomis, Shaffer Pentel, Loomis Loomis Shaffer, Delegate Loomis, Alternate Jeannine Clancy presented the project and answered questions from the Council. Jeff Oliver, City Engineer, presented the design elements of the project and answered questions from the Council. Allen Barnard 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. Tony Halek, 5007 33rd Avenue North, asked questions about the how the bond and interest is determined; if the special assessment can be changed from 7 to 10 years; wanted to know if during the voluntary inspection and it is determined that it doesn't meet the city code will he have to pay extra to have it fixed when it is working now; what happens if during construction when the bigger trucks are going up and down the road and the cast iron pipes get broken or shifted and he doesn't pass the inspection what is his recourse; asked questions about the tree replacement program; watering of replanted trees and point of sale program. Karen Nikolai, Community Design Liaison, Hennepin County, talked about the benefits of sidewalks, access for handicapped, ability to use sidewalks to get to other destinations without using cars; a safety factor for pedestrians instead of walking in the street, especially for children and senior citizens who don't drive; the long term benefits of sidewalks for residents and the community as a whole; the city is a partner in the Active Living Program and sidewalks helps people incorporate physical activity into their daily routines and stay healthy; stated some residents participated in the walking workshop and it was eye-opener to see how handicapped accessible parts of the city are. Regular Meeting of the City Council February 19, 2008 Page 7 Public HearinQ - 2008-2009 Pavement ManaQement ProQram - Continued Steve Wallace, 2936 Regent Avenue North, thinks it is a well thought out program and the city has been very communicative about the program; encouraged the City Council to move forward with the program and feels the streets need to be updated; feels a sidewalk on Regent Avenue is necessary and a compromise on the size of the residents should be found; stated there is a lot of pedestrian traffic from kids walking to the school bus and to other active recreational activities and he is looking forward to the improvements. Richard Martens, 2955 Regent Avenue North, had questions about the design of the sidewalks; stated he is in favor of the sidewalks and has wanted them for about 30 years; wanted to know the purpose for the 7 foot sidewalks, feels that most people would like a 4 to 5 foot sidewalk and would like the Council to reconsider the size of the sidewalk; stated he had a sewer inspection but is not clear what is the next step and what his options are; feels the sewer inspection program is well thought out, with reasonable pricing and it makes a lot of sense to do the program when the streets are under construction. Paul Prang hoffer, 4910 Dawnview Terrace, stated he does a lot of walking and had a lot of time to observe the construction from last year; stated he is in a manual wheelchair and his wife is in an electric wheelchair and there are a number of senior citizens in the area; stated that last year the neighbors whose streets were under construction had to park 1 to 1 % blocks away from their home at times during the construction and would walk to their homes; stated that for he and his wife as well as some of the elderly neighbors that will not be an option, and expressed concern over getting in and out of their homes on a daily basis if they need to. Bill Barberg, 2905 Regent Avenue North, is concerned about the width of the sidewalk; asked why some street have 4 foot sidewalks without the extra 2 foot of curbing and wanted to know if that was an ADA requirement; and he would like to see as narrow of a sidewalk as practicable especially in the areas where there is not much front yard to begin with. Rachel Erickson, 5047 Culver Road, did do a voluntary inspection in October and is waiting to hear back about the inspection; wanted to know when any repairs need to be made, during the construction phase or before construction begins; and asked questions about how the pavement management program works and the schedule. Fern Kenneston, 4851 Dona Lane, had questions about the sewer inspections and wanted to know when any corrections needed to be done by; stated she also has an understanding that you if you were selling your home you could pass on any sewer repairs on to the new owner; expressed concern over the area between Westbend Road and Markay Ridge as she drives it frequently and it is hard to see up over the hill, people park on the road and you have to wait behind a parked car and wanted to know what was going to be done to address the issue; had questions about the policy of not cutting in to the street after 5 years of construction and what the costs would be if sewer repairs would have to be done with those 5 years. Regular Meeting of the City Council February 19, 2008 Page 8 Public Hearina - 2008-2009 Pavement Manaaement Proaram - Continued Glen Fuller, 2224 Windsor Way, stated the streets they have now are nicely rounded with no hard corners and wants to keep it the same; wants the Council to consider surmountable curbs for their area; stated they are having a problem with geese in their yard right now and is concerned about how much water will be in the ponds on Westbend Road and Regent Avenue North and wants to make sure that flowers and shrubs that absorb water so it won't attract geese. Bill Anderl, 4911 33rd Avenue North, stated he sent a letter to the Council and asked for a public hearing on the establishment of the inflow and infiltration guidelines; stated he got a response from the City Attorney but disagrees with his opinion; states there is nothing in the city code that states what the standards for the sewer inspection are; stated that there is not much money for the grant program and feels that no one from the City will qualify; and stated he reviewed the tapes for the sewer in front of his house and found holes in the pipe roots in the joint, cracks in one section of the pipe and compared it to his house his pipe looks 100 times better than the city sewer and feels the city sewer it should be replaced and not lines; feels the Council should hold a public hearing on the guidelines that are used to establish compliance with the inflow and infiltration program before any additional inspections are completed and that licensed plumbers be allowed to conduct and certify the sewer inspections for compliance. Mark Plooster, 2545 Regent Avenue North, wanted to know if the addition of sidewalks and curbs will increase the long term maintenance costs of the City and what is the impact; wanted a clarification of when the sewer compliance should be done; wanted to know the cost of the assessment and how long the sewer inspection certification is valid for. Ana Lois-Borzi, 4860 Dona Lane, wanted to know what changes will happen to the intersection of Dona Lane and Culver Road; stated there are a number of children in the area and people walk to the bus; stated in previous years during the construction seasons cars have been diverted to Dona Lane and is concerned over the speeding of cars; and feels the intersection should be reconfigured so cars don't weave in and out ofthe area. Matt Bailey, 4920 Drake Road, wanted to know how much of the driveway will be replaced when they do the reconstruction; stated he did have a sewer inspection and the section of his pipe was put installed in 1991 but the city pipe has a fisher crack and wants to know what the city's responsibility is; wanted to know when their road was sealcoated; stated they have no drainage problem in the area and no road surface deterioration; asked about the snow maintenance of the sidewalks; suggested putting the poles and light fixtures on the side of the road so the snow can be removed by dropping the wings. Margie Hanson, 4920 Westbend Road, wanted to know how long the free city inspection is good for. Regular Meeting of the City Council February 19, 2008 Page 9 Public Hearina - 2008-2009 Pavement Manaaement Proaram - Continued David Yalch, 4821 Drake Road, wanted to know who determines how much of the driveway is removed and replaced; asked if the other utilities will replaced or moved; wanted to know when the residents will be notified of the construction phases so they can plan family events like graduation parties; and stated last year there was a water main break and his pipe broke off at the main and is concerned about that. Jane Torkelson, 2505 Regent Avenue North, stated she has noticed people walking on the street during the wintertime even though there were sidewalks because and feels the sidewalks are poorly maintained; concerned about the sidewalk maintenance on Regent and the amount of concrete; wanted to know why they used full foot increment; feels the apron and sidewalk should be reduced. John Armstrong, 4740 33rd Avenue North, wanted clarification of the cost per unit for the special assessment; suggested that information be provided to residents about the cost of the sanitary sewer inspection and cost estimates for sewer repairs so residents can plan ahead. Marlene Geldert, 3015 Quail Avenue North, had questions regarding the installation of street lighting in the area. Christina Effler, 3360 Scoot Avenue North, wanted to know if the homeowner has to have the sewer inspections and any repairs done prior to the beginning of street reconstruction or is it done when the streets are torn up; how will the Crystal sidewalk and the Golden Valley sidewalk meet up; and had questions about maintenance of the sidewalks. Charles Upham, 2885 Regent Avenue North, stated he had an inspection and watched the entire process, got a DVD of the inspection and a letter indicating a number of areas that needed to be repaired; he looked at the tapes and doesn't agree and wanted to know what appeal process is in place for the inspections; feels the city should underwrite some of the financial aspects of sewer replacement; had questions about the costs of snow plowing; would like narrow sidewalk; wanted to know if the sidewalk is uncleared or poorly cleared is the City or the homeowner liable if someone falls and wanted to get a written copy of information about insurance liability and a written guarantee the homeowner won't be held liable. Gar Anderson, 5325 Lowry Terrance, lives near the park and asked how much parking will be provided along side of the park, how it was determined how much parking is provided and stated the neighborhood wasn't asked how much parking should be provided. Cathy Waldhauser, 3220 Orchard Avenue North, asked if a 4 foot sidewalk with a 3 foot boulevard was considered as that would be a way to reduce pavement and have a safety barrier. Regular Meeting of the City Council February 19, 2008 Page 10 Public Hearina - 2008-2009 Pavement Manaaement Proaram - Continued Sarah Hausaver, 4750 Dona Lane, stated they had a 4 foot sidewalk for her dad who used a wheelchair and he was able to turn on the sidewalk but her neighbor who used a motorized wheelchair was just barely able to turn on the sidewalk so she feels a 5 foot sidewalk would be of better use Cynthia Malinowski, 2465 Regent Avenue North, stated she and some of her neighbors do not want a sidewalk; asked if it is possible to install a sidewalk that looked more like brick and not patterned and asked what are the overall costs for installing the sidewalks. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-11 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT 08-1 2008 PAVEMENT MANAGEMENT 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-12 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT 09-1 2009 PAVEMENT MANAGEMENT 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. Regular Meeting of the City Council February 19, 2008 Page 11 Announcements of Meetings A Legislative Town Hall meeting will be held on February 20, 2008 at 7:30 pm at the Golden Valley Library. The State of the City will be held on February 21, 2008 at 7:30 am at City Hall. A Bassett Creek Water Management Commission will be held on February 21, 2008 at 11:30 am. The Home Remodeling Fair will be held on February 24, 2008 from 10:30 to 3:30 pm at the Eisenhower Community Center. The next City Council meeting will be held on Wednesday, March 5, 2008 at 6:30 pm A Council Strategic Planning Workshop will be held on March 8, 2008 at 9 am at the Brookview Grill. The next Council/Manager meeting will be held on March 11, 2008 at 6:30 pm. Some Council Members may attend the Caring Youth Awards on March 13 at 7:30 pm at the Minnetonka City Hall. A City Council Meeting will be held on March 18, 2008 at 6:30 pm Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 10:02 p.m. Linda R. Loomis, ayor ATTEST: oj�+(t&/�/ Nally, dministrative sistant