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10-21-08 Regular Meeting of the City Council October 21, 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 October 21, 2008 at 6:30 p.m. The following members were present: Freiberg, Pentel, Loomis, 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. Robbinsdale School District Referendum Jennifer Griffin-Wiesner, YES281 Co-Chair, reviewed the school referendum and answered questions from the Council. Proclamation For Community Mediation Services, Inc. 25th Anniversary Mayor Loomis read the proclamation. Jeff Karatz and Jennifer Peterson, Volunteer Mediators, reviewed the programs offered and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt the Proclamation For Community Mediation Services, Inc. 25th Anniversary. Receipt of Community Partnership Grant - CenterPoint Energy Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item. Tom Dolan, CenterPoint Energy, presented the City with a $600 Community Partnership Grant. The Council thanked CenterPoint Energy for their grant. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of October 21,2008 as amended: Addition ot Letter from Don and Mary Anderson Regarding Pavement Management Assessments. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the items on the consent agenda as amended: Bill Anderl, 4911 33rd Avenue North, requested Waiver of Public Hearing and Certification of Special Assessments, 2008 (A) Pavement Management Program Driveways be removed from the consent agenda. Mayor Loomis read the items listed on the consent agenda. Regular Meeting of the City Council October 21, 2008 Page 2 *Approval of Minutes - City Council Meetina - September 2,2008 and Council/Manaqer Meetina - October 15, 2008 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of September 2, 2008 and the Council/Manager Meeting of October 15, 2008 as submitted. *Bills and Claims 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. *Solicitor's License - Window Concepts of MN Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Window Concepts of MN Inc. *Solicitor's License - Clean Water Action MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Clean Water Action. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - September 8,2008 Joint Water Commission - August 5, 2008 Envision Connection Project Board of Directors - September 18, 2008 Bassett Creek Water Management Commission - August 21, 2008 *ReQuestina Additional Time to Complete Comprehensive Plan Decennial Review Obliaations Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-46 ~ESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN DECENNIAL REVIEW OBLIGATIONS Regular Meeting of the City Council October 21,2008 Page 3 *Reauestina Additional Time to Complete Comprehensive Plan Decennial Review Obliaations - Continued The motion for the adoption of the foregoing resolution was seconded by Member Shaffer on 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: 2008(A) Pavement Manaaement Proaram Drivewavs Bill Anderl, 4911 33rd Avenue North, requested the item be removed from the consent agenda, stated he was in the project area; feels that a 7% assessment is an excessive cost to homeowners; feels the driveway estimates should only take about 15 minutes; hiring contractors to do the inspections is expensive; stated he installed a concrete driveway and when the street project was done an asphalt patch was used and not concrete; feels the residents should have been told it would be replaced by asphalt not concrete; had questions about the inspections; feels the patch put it didn't meet the 3" minimum thickness standards; stated he wrote a letter to the city but has not received a satisfactory response Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-47 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON DRIVEWAYSTHAT INVOLVE 2008(2) PAVEMENT MANAGEMENT AREA 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. *Adoption of Identity Theft Prevention Proaram MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City's Identity Theft Prevention Program. Regular Meeting of the City Council October 21,2008 Page 4 *Authorize Participation in Hennepin County Environmental Response Fund Application Process for Twin lake Reaional Storm Water Pond Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-48 RESOLUTION TO PARTICIPATE IN THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION PROCESS FOR THE DEVELOPMENT OF THE TWIN LAKE REGIONAL STORM WATER POND 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. *Reset City Council Meetina Date MOVED by Pentel, seconded by Shaffer and motion carried unanimously to reset the November 6 City Council meeting to Monday, November 3, 2008. *Set Date for Special Council/Manaaer Meetina MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set a Special Council/Manager meeting for Thursday, October 30,2008 at 5:30 pm to review draft chapters of the Comprehensive Plan. *letter from Don and Mary Anderson Reaardina Pavement Manaaement Assessments MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Don and Mary Anderson, dated October 14, 2008 regarding Pavement Management Assessments. Public Hearina - Preliminary Plat Approval-1825 Quail Avenue North - Quail Woods Peter Knaeble (Golden Vallev land Co.), Applicant Peter Knaeble, Applicant, presented the plan amendment and answered questions from the Council. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council October 21, 2008 Page 5 Public HearinQ - Preliminary Plat Approval-1825 Quail Avenue North - Quail Woods Peter Knaeble (Golden Vallev Land Co.), Applicant- Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Rosa Witzig, 1840 Quail Avenue North, stated at the Planning Commission that her neighborhood felt very strongly that if the plat were approved it would have the condition that no variances would be permitted. The Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the preliminary plan for the minor subdivision of Quail Woods, located at the corner of Quai I Avenue North and Golden Valley Road, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee in the amount of $1,100 shall be paid prior to final plat approval. 3. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memos dated September 12, 2008 and October 13, 2008. 4. It is the present intention of the council not to grant to the developer variances for this subdivision unless the circumstances warrant it. This condition would be included in the Subdivision Agreement for Quail Woods. 5. The garage on Lot 2 be moved prior to plan approval. Public HearinQ - Special Assessments - 2008 Pavement ManaQement Pro~ram - 2009 Pavement ManaQement ProQram Sue Virnig, Finance Director, introduced the agenda items and answered questions from the Council. Thomas Burt, Allen Barnard, Jeff Oliver, City Engineer; and Jeannine Clancy and answered questions from the Council. 2008 Pavement Management Program The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Bryan Butterfield, 2900 Lilac Drive North, stated they had 30 feet of curb done under the current assessment; wanted to know why he had to pay so much; thought he only had to pay $4,400; and submitted a letter contesting his assessment. Dennis Friske, 5330 33rd Avenue North, stated he owns a duplex and 5330-32 33rd Avenue North and wanted to know why he is paying $10,108 for his assessment and other duplex owners are only. paying $8,800 and submitted a letter contesting his assessment. Regular Meeting of the City Council October 21, 2008 Page 6 Public Hearing - Special Assessments - 2008 Pavement Management Program - 2009 Pavement Management Program - Continued Bill Anderl, 4911 33rd Avenue North, submitted a memo of suggested cost savings ideas for the program like reducing excavation and hauling costs; monitor the project area for III reduction after the sewer repair is done; excessive reclamation costs; improve inspection and project planning; feels his asphalt patch should be corrected; suggested full depth reclamation be used; feels construction works didn't use proper safety equipment; better communications with residents; feels the administrative fees are too excessive; sidewalks are too big; manhole covers with city logo is too expensive; drain tile system is not necessary and cast iron clean out covers are not needed. The Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 08-49 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2008 PAVEMENT MANAGEMENT AREA 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. 2009 Pavement Management Program The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Kent Peterson, 5129 Minnaqua Drive, had questions about deferred assessments; stated the way his house sits on the lot he would not subdivide his property; asked what is the benefit of the pavement program; doesn't feel it is adds value to his property; wanted to know how a street could opt out of the program; stated they already have curb and gutters why do they need new ones; asked if his street project could be delayed and submitted a letter contesting his assessment. Carolyn Miller, 4925 Bassett Creek Drive, had questions about the relocating a sprinkler system; concerned about saving trees on her property and stated that there is some water runoff from the creek and wanted to know if erosion control prevention is included in the project. Regular Meeting of the City Council October 21, 2008 Page 7 Public Hearing - Special Assessments - 2008 Pavement Management Program - 2009 Pavement Management Program - Continued Pat Williamson, 4830 Dawnview Terrace, expressed concern over saving some of his large trees on his property and asked what the criteria for saving trees would be. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 08-50 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2009 PAVEMENT MANAGEMENT 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, 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. Announcements of Meetings A Special Council/Manager meeting will be held on October 30,2008 at 5:30 pm. The next City Council meeting will be held on Monday, November 3, 2008 at 6:30 pm. The General Election will be held on November 4, 2008. A Special Housing and Redevelopment Authority meeting will be held on November 10, 2008 at 6:30 pm. The next Council/Manager meeting will be held on Monday, November 10, 2008 immediately" following the Special HRAmeeting. The City Offices are closed on November 11,2008 in observance of Veteran's Day. The Douglas Drive Task Force will meet on November 18,2008 at 7:15 am at City Hall. A City Council meeting will be held on November 18, 2008 at 6:30 pm at City hall. A Bassett Creek Water Management Commission will be held on Wednesday, November 19, 2008 at 11 :30 am. Some Council Members may attend the Taste of Golden Valley at 5:30 pm at the Golden Valley Country Club. The City Offices are closed on Thursday, November 27 and Friday, November 28, 2008 in observance of Thanksgiving. Regular Meeting of the City Council October 21,2008 Page 8 Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:30 pm. ATTEST: Judy Nally, Administrative Assistant Linda R. Loomis, Mayor