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10-05-10 CC MinutesRegular Meeting of the City Council October 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 October 5, 2010 at 6:30 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. Presentation of Envision Award - Founding Members -Kelly Drive Pumpkin Growers Association Mayor Loomis introduced the agenda item. Philip Lund, Envision Connection Project Member, stated the Kelly Drive neighborhood had a vision to bring neighbors and children together and six members of the Kelly Drive neighborhood founded the Kelly Drive Pumpkin Growers Association in 1997 and have succeeded in staging an annual festival. Mayor Loomis presented the Envision Award to George and Calista Abide, Karl and Nancy Cambronne and Jon and Sheila Horkey. Approval of Agenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of October 5, 2010 as amended: Approving Appointment of Election Judges for State General Election -addition of election judge. Approval of Consent Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of October 5, 2010 as amended: Removal of Authorization to Sign Agreement (Amendment #1) for Energy, Efficiency, and Conservation Block Grant Program with Department of Commerce . *Approval of Minutes -Council/Manager Meeting -August 11, 2010 and City Council Meeting -September 21, 2010 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of August 11, 2010 and City Council Meeting of September 21, 2010 as submitted. *Approval of Check Register MOVED by Pentel, 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 October 5, 2010 Page 2 *Gambling License Exemption and Waiver of Notice Requirement -Greater Minneapolis Crisis Nursery MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Greater Minneapolis Crisis Nursery. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals -August 24, 2010 Environmental Commission -July 26, 2010 Open Space and Recreation Commission -July 26, 2010 Envision Connection Board of Directors -August 19, 2010 Bassett Creek Water Management Commission -August 19, 2010 *Authorizing Grant Application to the Minnesota Pollution Control Agency for Assistance with Contaminated Pond Sediment Removal Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-51 RESOLUTION AUTHORIZING GRANT APPLICATION TO THE MINNESOTA POLLUTION CONTROL AGENCY FOR POLYCYCLIC AROMATIC HYDROCARBONS (PAHs) FOR CONTAMINATED POND SEDIMENT REMOVAL 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: 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 Agreement (Amendment #1) for Energy, Efficiency, and Conservation Block Grant Program with Department of Commerce Council Member Freiberg had questions regarding the reporting requirements. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council October 5, 2010 Page 3 Authorization to Sign Agreement (Amendment #1) for Energy, Efficiency, and Conservation Block Grant Program with Department of Commerce -Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 10-52 RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF COMMERCE, AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY, AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE AMERICAN REINVESTMENT AND RECOVERY ACT 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. *Authorization to Sign Agreement with Short Elliot Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the City Manager sign the agreement with Short Elliott Hendrickson for inflow and infiltration inspection and program monitoring services. *Aaurovina Appointment of Election Judaes for State General Election Member Pentel introduced the following resolution and moved its adoption, as amended RESOLUTION 10-53 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE STATE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2010 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: 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. *Board/Commission Appointment MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the following appointment: Human Services Foundation: Brenda Hayle 1 year term term expires - 5/1/13 Regular Meeting of the City Council October 5, 2010 Page 4 Public Hearing -Second Consideration -Ordinance #447- Electric Franchise Fee from Northern States Power d/b/a Xcel Energy and Approval of Summary Publication The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY Jeannine Clancy introduced the agenda item and answered questions from the Council. Thomas Burt and 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. Joe Mastrian, 2101 Brunswick Avenue North, asked how long the fee was going to be charged to residents, asked how this will affect the gas company, feels there is only so much room on Douglas Drive, now the County has changed Douglas Drive from four lanes to one lane, and stated there is heavy traffic on Douglas Drive. David Spragg, 5610 Golden Valley Road, supports the changes, wanted more information about the plan, wants to have wider lanes for wheel chair access, wanted to make sure handicapped persons would be able to walk along the street and is concerned about pedestrian safety. The Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve Ordinance #447, 2nd Series on Second Consideration. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve publication of summary ordinance. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS -YES PENTEL -YES SCANLON -YES SHAFFER -YES MOVED by Shaffer, seconded by Pentel and motion carried unanimously to direct the City Manager to withhold publication for up to 30 days and engage in mediation with Xcel Energy. Regular Meeting of the City Council October 5, 2010 Page 5 Public Hearing -Special Assessments -Delinquent Utility Bills Sue Virnig, Finance Director, introduced the agenda item 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 10-54 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING 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: 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 -Special Assessments -Miscellaneous Charges Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Thomas Burt and 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. Bill Killion 1500 Tyrol Trail, stated he had a trailer under a tree in his front yard and got a violation notice, asked for additional time to remove it and was told it was okay, he got busy and didn't get the trailer moved in a timely manner and was assessed; feels there were extenuating circumstances and feels the assessment was inappropriate. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-55 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC) 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 October 5, 2010 Page 6 Public Hearing -Sanitary Sewer, Platted Utility and Ditch Easement Vacations - 500 Cloverleaf Drive 10-56 Jeannine Clancy introduced the agenda item. 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-56 RESOLUTION VACATING A SANITARY SEWER EASEMENT AND PLATTED UTILITY AND DITCH EASEMENTS IN THE PLAT OF CLOVER LEAF TERRACE (500 CLOVERLEAF DRIVE) 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 Plat 10-57 and Authorization to Sign Subdivision Development Agreement -Cloverleaf Woods Joe Hogeboom, Planner, introduced the agenda item. Jeannine Clancy and Allen Barnard answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-57 RESOLUTION FOR APPROVAL OF PLAT -CLOVERLEAF WOODS 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. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Subdivision Development Agreement and authorize the Mayor and City Manager to execute it on behalf of the City, subject to payment of park dedication fee of $810. Regular Meeting of the City Council October 5, 2010 Page 7 Authorization to Sign Amended PUD Permit -Allianz Life USA Addition PUD #87 - Amendment #3 Fred Atkinson, Allianz Life, reviewed the permit request and answered questions from the Council. Joe Hogeboom, Planner, presented the staff report and answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit Allianz Life USA Addition PUD No. 87, Amendment No. 3, subject to the conditions of the Deputy Fire Marshal. Announcements of Meetings Some Council Members may attend the Employee Recognition on October 7, 2010 at 9:30 am at the Police Department. Some Council Members may attend the Kelly Drive Pumpkin Event on October 9, 2010 at 11 am at the Kelly Drive neighborhood. Mighty Tidy Day will be held on October 9, 2010 from 8 am to 1 pm at Brookview Park. A Neighborhood Watch for Zone 1 will be held on October 11, 2010 at 7 pm at the Police Department. Some Council Members may attend the Teen Read Month Reception on October 12, 2010 at 5:30 pm at the Golden Valley Library. The next Housing and Redevelopment Meeting will be held on October 12, 2010 at 6:30 pm. The next Council/Manager meeting will be held on October 12, 2010 immediately following the HRA Meeting. A Neighborhood Watch for Zone 2 and 4 will be held on October 12, 2010 at 7 pm at the Police Department. Some Council Members may attend the Golden Valley Historical Society Meeting on October 14, 2010 at 7 pm at the Golden Valley Historical Society. The next City Council meeting will be held on October 19, 2010 at 6:30 pm. A Bassett Creek Watershed Management Commission meeting will be held on October 21, 2010 at 11:30 am. Regular Meeting of the City Council October 5, 2010 Page 8 Announcements of Meetings -Continued Some Council Members may attend the Bridge Builder meeting on October 23, 2010 at 10 am at Byerlys. Manor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 7:40 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant