Loading...
08-17-10 CC MinutesRegular Meeting of the City Council August 17, 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 August 17, 2010 at 6:30 pm. The following members were present: Loomis, Pentel, Scanlon and Shaffer; and the following were absent: Freiberg. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Proclamation Recognizing Woman's Equality Day -August 26, 2010 Mayor Loomis introduced the agenda item and read the proclamation. Mary Anderson, former Mayor and League of Women Voters Membership Chair introduced members in attendance, outlined the League's mission and activities and thanked the Council for the proclamation. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Proclamation Recognizing Woman's Equality Day -August 26, 2010. Annroval of Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of August 17, 2010 as amended: Distribution of renderings for Public Hearing - Preliminary Plat Approval -Cloverleaf Woods - 500 Cloverleaf Drive, and Addition of Item - Authorization to Send Letter to Hennepin County Requesting Interim Dispatch Services. Approval of Consent Agenda MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the agenda of August 17, 2010 as submitted. *Approval of Minutes -Council/Manager Meeting -July 13, 2010 and City Council Meeting -August 4, 2010 MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of July 13, 2010 and the City Council Meeting of August 4, 2010 as submitted. *Approval of Check Register MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council August 17, 2010 Page 2 *General Business Licenses MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License -The Fund for the Public Interest MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for The Fund for the Public Interest. *Solicitor's License -Strom Tree Service aka Donald Strom Tree Service MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Strom Tree Service aka Donald Strom Tree Service. *Solicitor's License - Naral Pro-Choice Minnesota MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Naral Pro-Choice Minnesota. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission -July 26, 2010 Human Services Foundation -July 12, 2010 Joint Water Commission -July 7, 2010 Minneapolis Water Advisory Board -January 28, 2010 Bassett Creek Watershed Management Commission -July 15, 2010 *Bids -Miscellaneous Buildina Maintenance and Golf Maintenance Projects MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize miscellaneous building maintenance projects to the lowest responsible bidder, Flag Builders of Minnesota, Inc. for $99,484.00. The bids are as follows: Flag Builders of Minnesota, Inc $99,484.00 Restoration Systems, Inc. $110,440.00 AJ Spanjers Co., Inc. $126,091.00 Lindee Construction Services $162,315.96 MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the replacement of the golf maintenance building infrared radiant heating system from the only bidder, Northern Air Corporation for $78,400.00. Regular Meeting of the City Council August 17, 2010 Page 3 *Quotes - Watermain Rehabilitation MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the rehabilitation of the watermain on Boone Avenue North between Golden Valley Road and Plymouth Avenue, from the lowest responsible bidder, Fer-Pal. Construction USA LLC for $615,967.74. The bids are as follows: Fer-Pal Construction USA LLC $615,967.74 Insituform Tech USA, Inc. $621,345.60 SAK Construction, LLC $725,186.40 *Approval of One Year Extension for Filing of Plat for 1017 Ravine Trail MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve an extension until September 1, 2011 to submit the final plat for the property located at 1017 Ravine Trail. *Continued Participation in Livable Communities Act for 2010-2010 Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-43 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT: CALENDAR YEARS 2010 - 2020 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 was absent: Freiberg; 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. *Board/Commission Appointments MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to make the following appointments: Envision Connection Project Board of Directors: Lynn Gitalis Cindy Inselmann Regular Meeting of the City Council August 17, 2010 Page 4 *Second Consideration -Ordinance #446 - Adding a New Section 10.68: Outdoor Boilers The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE N0.446, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 10.68: Outdoor Boilers MOVED by Shaffer, seconded by Scanlon and motion carried to adopt on Second Consideration, Ordinance #446, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -ABSENT LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES Public Hearing -First Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy Thomas Burt introduced the agenda item and answered questions from the Council. Jim Strommen, Kennedy & Graven, represents the Suburban Rate Authority, presented the proposed ordinance and answered questions from the Council. Ron Nims, Project Manager, 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. Bruce Johnson, 6842 Olympia Street, feels that since it doesn't state what the project is for the City will be able to use the fees collected anywhere they want; asked if there is a time limit on when the fee will expire, feels that once the fee is collected it will never goes away; asked what the intention of the Council is for collection of the fees; wanted to know what the schematic of what Douglas Drive will look like, asked if the fee will stay the same during the length of the project and feels that Subdivision 9 of the ordinance should be removed. Kurt Smith, CJ Printing, 2420 Nevada Avenue North, feels there should not be an open ended date for the fee; stated he is a small business owner and feels he is being squeezed by raising costs; stated he has to work longer days to make the same amount of money he was making a few years ago; stated if he wants to upgrade his business he has to pay for it; feels Xcel is now coming after everyone else for upgrading and upkeep on their own equipment and they should be paying for it themselves. Regular Meeting of the City Council August 17, 2010 Page 5 Public Hearing -First Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy -Continued Tom Basting, Briggs and Morgan, on behalf of Xcel Energy; stated Xcel does not oppose and does not take a position on the fee; feels the fee should be imposed in a competitively neutral manner, feels it should be imposed on all energy supplies so one is not competitively disadvantages; requested the item be removed from the agenda in order for the negotiation process to be continued before the ordinance is adopted; and feels that Xcel has proposed terms that correct some of the city's requests. John Kluchka, 1569 Oregon Avenue North, speaking not as a Planning Commission Member; thanked the Council for their comments instituting a proposed deadline for the fee; asked what would happen if the City can't raise the funds for the project; asked if there were any other ways to get the money for the project; asked why a percentage fee is not recommended; and if there are other options available. Michelle Jorgenson, 1035 Sumter Avenue North, stated she is frustrated when opening her bills because the fees and taxes keep going up; stated she just got a notice of a rate increase for Xcel and it seems like it never ends. Helen Ekman, 440 Cloverleaf Drive, opposed to the removal of trees for the Three Rivers Trail; wanted to know if they could just patch Douglas Drive; wanted to know how many people will use the sidewalk on Douglas Drive; stated that not many people use the Three Rivers trail; stated she went to her other property and the gas company was installing new lines and the company is paying for their lines; feels the people shouldn't be expected to pay for Xcel improvements; stated if she is making an improvement on her property she pays for it; and stated if you can't pay for it don't do it. John Miller, 1025 Unity Avenue North, wanted to know if he will have to pay sales tax on the additional two dollars paid on his bill. MOVED by Pentel, seconded by Shaffer and motion carried to continue consideration of Ordinance #447, Electric Franchise Ordinance Requiring. an Electric Franchise Fee from Northern States Power d/b/a Xcel Energy For Providing Electric Service to the September 21, 2010 Council Meeting. The Council requested the amended Ordinance to include a purpose or intent statement; a sunset clause and amendments to Subdivision 9. Public Hearing -Preliminary Plat Approval -Cloverleaf Woods - 500 Cloverleaf Drive Matt Pavik, Applicant, reviewed the plat and answered questions from the Council. Joe Hogeboom, City Planner, reviewed the plat and answered questions from the Council. AI Lundstrom, Environmental Coordinator, answered questions from the Council. Regular Meeting of the City Council August 17, 2010 Page 6 Public Hearing -Preliminary Plat Approval -Cloverleaf Woods - 500 Cloverleaf Drive - Continued John Kluchka presented the Planning Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Helen Ekman, 440 Cloverleaf Drive, wanted to know if you could get in writing that the applicant plans to live at one of the homes; feels builders have a house built, live in it and then move; wanted to know about the playground area; feels the oak tree roots may be damaged during construction on the site; wanted to know if they were going to build a house on the second lot and then try and sell it; stated the house next to her has been on the market for over a year; wanted to know how long the for sale sign would be up; suggested some of the neighbors get together and buy one of the lots; stated the neighborhood has large lots with street front and now there will be large street fronts and two little ones; stated it has been nice to have the empty lot with the woods and feels it is a shame to destroy it. Dwayne Hillman, 1112 26th Avenue NE, feels Helen Ekman wants to preserve the woods below the steep embankment where the deer run; she wants to keep wildlife in the area and prevent intercity kind of development; wanted to know if trees that were damaged in the last storm will be removed and are they included in the tree preservation rules; and wanted to know how will he put in a playground for his kids without removing trees. Bob McCabe, 5111 Olson Memorial Highway, had questions about the setback/easement requirements; wanted to know who will pay for the culvert if it is necessary; stated he is happy to have a new house built; feels the current house should not of been able to be built there; and stated that having homes that are built but that don't meet code requirements will bother him. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the preliminary plat for Cloverleaf Woods 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. The City Engineer's memo, dated July 15, 2010, shall become part of the approval. 3. A park dedication fee in an amount determined by the City Council shall be assessed at the time of final plat approval. 4. All applicable City permits must be obtained prior to the development of the new lots. Regular Meeting of the City Council August 17, 2010 Page 7 First Consideration -Ordinance #448 - Adding a New Section 5.19: Social Host Liabili The following ordinance was MOVED by Shaffer, seconded by Scanlon: ORDINANCE N0.448, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a new Section 5.19: Social Host Liability Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council Brenda Badger, Hopkins Community Coalition, reviewed the ordinance and answered questions from the Council MOVED by Pentel, seconded by Shaffer and motion carried to adopt on First Consideration, Ordinance #448, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG -ABSENT LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES Approval of Emerald Ash Borer Management Plan AI Lundstrom, Environmental Coordinator, reviewed the plan and answered question fro the Council. MOVED by Pentel seconded by Scanlon and motion carried unanimously to adopt the Emerald Ash Borer Management Plan. Announcements of Meetings A Bassett Creek Watershed Management Commission meeting will be held on August 19, 2010 at 11:30 am. August 24, 2010 Joint Planning Commission, Board of Zoning Appeals and City Council Mee4ting regarding Variance Standards The City offices will be closed on September 5, 2010 in observance of Labor Day. The next City Council meeting will be held on September 7, 2010 at 6:30 pm. The next Council/Manager meeting will be held on September 14, 2010 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council August 17, 2010 Page 8 Authorization to Send Letter to Hennepin County Requesting Interim Dispatch Services Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the request letter to Hennepin County Sheriff Richard Stanek and County Administrator Richard Johnson for dispatch services for a period estimated to be 1 to 8 weeks in duration. Adjournment The Mayor adjourned the meeting at 8:45 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant