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01-05-10 CC Minutes Regular Meeting of the City Council January 5,2010 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 January 5, 2010 at 6:38 pm. 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, Roll Call and Seating of the Council Allen Barnard, City Attorney, gave the oath of office to Council Members Paula Pentel and De De Scanlon. The term for Council Members Pentel and Scanlon expire on December 31, 2013. A roll call was taken and the seating of the 2010 Council took place. U 5. Representative Keith Ellison U. S. Representative Keith Ellison attended the meeting and updated the Council on some of the issues he is currently working on in Washington. Robbinsdale School District Lego League Presentation Joe Hogeboom, City Planner, introduced the agenda item stating these are sixth students from the Robbinsdale and Plymouth Middle School to do a presentation about solid waste management. Isaac Griffin-Weisner introduced the members of the Lego Patrol and they did their presentation. The Council thanked the League for their presentation. The Mayor adjourned the meeting for cake and coffee, after which the meeting reconvened. Approval of Agenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of January 5, 2010 as amended: Addition of City Gambling License, Plymouth Lions at JJ's Clubhouse. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of January 5, 2010 as amended: Addition of City Gambling License, Plymouth Lions at JJ's Clubhouse. Regular Meeting of the City Council January 5, 2010 Page 2 *Set Time and Place of Agenda Closing MOVED by Pentel, seconded by Shaffer and motion carried unanimously to set the closing time and place for receipt of public information for the Council agenda at 4:30 pm in the City Manager's Office on the Wednesday preceding the Council Meeting. *Designation of Official Newspaper MOVED by Pentel, seconded by Shaffer and motion carried unanimously to designate the New Hope-Golden Valley SunPost as the City's official newspaper. *Designation of Depositories for City Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-1 RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS 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 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. *Approval of Check Register MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the check register 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. *General Business Licenses - Cigarette/Tobacco Sales - Walgreens MOVED by Pentel, seconded by Shaffer and motion carried unanimously to deny approval of the Cigarettes/Tobacco sales license for Walgreens #430, located at 5695 Duluth Street. Regular Meeting of the City Council January 5, 2010 Page 3 *Gambling Premises Permit Application - Plymouth Lions Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-2 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (PLYMOUTH LIONS) 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 Use of Credit Cards for Purchases MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor. *Establishing Compliance with Reimbursement Bond Regulations under the IRS Code for 2011 Pavement Management Program Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-3 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2011 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE 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. Tax Forfeited Property Sale Council Member Freiberg had questioned if there are property maintenance issues with the property. Thomas Burt answered questions from the Council. Regular Meeting of the City Council January 5, 2010 Page 4 Tax Forfeited Property Sale - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 10-4 RESOLUTION FOR TAX FORFEITED PROPERTY SALE 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. *Acceptance of Donation to Senior Program - Estate of Gwen Urheim Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-5 RESOLUTION ACCEPTING DONATION FOR SENIOR PROGRAM FROM ESTATE OF GWEN URHEIM 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. *Authorization to Sign Engagement Letter with Malloy, Monta~ue, Karnowski, Radosevich, & Co. for 2009 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 2009 audit services for $43,450. *Authorization to Request Hennepin County to Include Reconstruction of Douglas Drive in the Hennepin County Capital Improvement Plan MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize Mayor Loomis to make a written request to the Hennepin County Director of Transportation that the reconstruction of Douglas Drive between Trunk Highway 55 and Medicine Lake Road be include in the Hennepin County Capital Improvement Program for 2015 and 2016. Regular Meeting of the City Council January 5,2010 Page 5 Public Hearing - 2010 Pavement Management Program 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. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Tyler Hardson, 240 Georgia Avenue North, wanted to know why the width of the street was red uced to 24 feet. Dan Mallin, 245 Paisley Lane, stated Ski Hill Road is not marked as a road anywhere, it is confusing to everybody and suggested renaming the road as Paisley Lane as the road leads to his driveway, no one can find his address and house and suggested cleaning up the signage; feels the increase in park land is a safety concern and suggested decorative lighting; and asked if there would be an opportunity to include an ice rink now or in the future. Kate Searls, 6461 Westchester Circle, expressed concern over the speed and cut through traffic in the area, stated there are a lot of children in the area, there is no sidewalk and no access to any parks, likes the 24 foot street width, wanted to know what the street design was for Georgia and Edgewood Avenues and their intersection with Westchester, wanted to know if installation of stop signs were considered to slow traffic down. Ben Rundel, 240 Georgia Avenue North, wanted to know if this is the most cost effective way to reduce the traffic speed and cut through traffic in the area, suggested installation of speed bumps. Jake Parker 221 Paisley Lane, stated the cul-de-sac on Paisley is now liD" shaped and it is proposed to change to a circle shape which he feels will infringe on his garden, trees and is concerned that it will make changes to his driveway, he will lose about 10 feet from the driveway which will make the incline really steep and wanted to know if that modification is really necessary. Michael Rice, 320 Georgia Avenue North, thanked the city for the traffic study and thinks that narrowing the street was the right idea, had questions about inflow/infiltration and if it will be dealt with during the pavement management program, asked if the sewer lines would be replaced, asked if there is there an effort to characterize the inflow/infiltration from the existing sewer lines so that we can better understand the problem and determine appropriate measures in the future. Regular Meeting of the City Council January 5, 2010 Page 6 Public Hearing - 2010 Pavement Management Program - Continued Neil Posnansky, 6830 Harold Avenue, stated there were plans for a sidewalk along the frontage road of Highway 55 but wanted to know if a guard rail on the north side was considered because when it snows you can't tell where the roadway is and where the ditch begins. Jeremy Hagen, 6478 Westchester Circle, asked for clarification of costs for homeowners, wanted to know about driveway costs, how special assessments work and what financing options are available. Andre Clark, 125 Edgewood Avenue North, stated he has easement running through his property and pipes drain into pond in the backyard and wanted to know how this project will affect his property. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-6 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT 10-1 2010 PAVEMENT MANAGEMENT PROGRAM 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 Hearing- Amendment to 2008 Comprehensive Plan Update - Adoption of Douglas Drive Corridor Study Report Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Michael Schroeder, Douglas Drive Corridor Study Project Manager from LHB, presented the study report and answered questions from the Council. Jupe Hale, WSB & Associates, answered questions from the Council. Jim Grube, Hennepin County Director of Transportation, updated the Council on other areas that have changed from 4 lanes to 3 lanes 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. Regular Meeting of the City Council January 5, 2010 Page 7 Public Hearing - Amendment to 2008 Comprehensive Plan Update - Adoption of Douglas Drive Corridor Study Report Greg Mallick, 1900 Douglas Drive, wanted to know where the lanes will change from 4 to 3; feels that with the proposed changes over the years it will put more traffic on an already congested road; wanted to know how the train will affect the proposed traffic changes; wanted to know how the change will work when you are on Douglas Drive and it goes from 3 lanes in Golden Valley to 4 lanes in Crystal. Rebecca Ndosi, 6411 Olympia Street, stated Olympia already has racing traffic and would like to see it addressed; expressed safety concerns for children in the area; wanted to know what the next steps are and how she could be involved, had questions about the character and vision of the project and wanted it to be clear on how it will affect the residents, how will retail effect the area; and looks forward to the next steps. Jesse Struve, 1605 Douglas Drive, in favor of overall study, stated he is an avid biker and feels there is a need to expand the area for bikes, stated he avoids Douglas Drive when he is on his bike, stated it is difficult for him to get out of his driveway now and wanted to know how it will be in the future with the change from 4 to 3 lanes; stated right now he can get 4 cars in his driveway but if there are changes it will cut his driveway in half, suggested getting the residential driveways off of Douglas Drive; asked about possible land acquisition in the area; and asked if Hennepin County has been involved in the process. Charles Stone, 4955 Sorell Avenue North, stated he was surprised to hear that no one knows how many trains run on the tracks now and how many will run in the future. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-7 RESOLUTION AMENDING THE 2008 GOLDEN VALLEY COMPREHENSIVE PLAN UPDATE TO INCLUDE THE DOUGLAS DRIVE CORRIDOR STUDY REPORT 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 January 5, 2010 Page 8 Second Consideration - Ordinance #428 - Repealing in its Entirety Section 4.31 : Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater Management and Approve Summary Publication The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 428, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater Management Eric Eckman, Public Works Specialist, introduced the agenda item. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on Second Consideration, Ordinance #428, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve publication of the Summary Ordinance. Announcements of Meetings The next Housing and Redevelopment Authority meeting will be held on January 12, 2010 at 6:30 pm. The next Council/Manager meeting will be held on January 12, 2010 immediately following the HRA meeting. The City Offices are closed on Monday, January 18, 2010 in observance of Martin Luther King Jr. Day. The next City Council meeting will be held on January 19, 2010 at 6:30 pm. A Bassett Creek Water Management Commission will be held on January 21,2010 at 11 :30 am. The Metropolitan Council Environmental Services will be holding a public informational meeting on January 6, 2010 at 5 pm and Golden Valley City Hall and a public hearing on January 27, 2010 at 5 pm regarding the regional sanitary sewer system. Regular Meeting of the City Council January 5, 2010 Page 9 Reset Meeting Dates Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to reset the following meeting dates: February 2 to Wednesday, February 3, April 6 to Wednesday, April 7, August 3 to Wednesday, August 4 and November 2 to Wednesday, November 3. Council Assignment - Mayor Pro Tern Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to nominate Council Member Shaffer as Mayor Pro Tem. The Mayor closed nominations. Council Member Shaffer was appointed as Mayor Pro Tem. Council Appointments: Assistant Weed Inspector Mayor Loomis appointed Ron Hammer as the Assistant Weed Inspector for a one year term. Council Appointments: Housing and Redevelopment Authoritx Commissioners Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint the following City Council Members as Commissioners of the Housing and Redevelopment Authority, with terms concurrent with tenure on the City Council: Paula Pentel and DeDe Scanlon. Mayor and Council Communications Mayor Loomis stated that prior to the City Council meeting on December 15, 2009 the City Council met to discuss the City Manager performance evaluation and stated that due to budget constraints there will be no salary increase for the City Manager. Adiournment The Mayor adjourned the meeting at 10:05 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant