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10-04-11 CC Minutes Regular Meeting of the City Council October 4, 2011 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 4, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, 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. Approval of AQenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of October 4, 2011 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the consent agenda of October 4, 2011 as amended: Removal of Solicitor's License - CommonPlace and Waiver of Public Hearing and Certification of Special Assessments - 2011 Pavement Management Program Sanitary Sewer Repairs. *�proval of Minutes - Citv Council Meetinq - Auqust 3, 2011 and Council/ManaQer Meetinp - Auqust 9, 2011 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of August 3, 2011 and Council/Manager Meeting minutes of August 9, 2011 as submitted. *Approval of Check Reqister 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. Solicitor's License - CommonPlace Mayor Loomis introduced the agenda item and Jeremy Foreman and Betsy Alria, Field Organizers, who are helping to organize and launch the CommonPlace web platform community bulletin board. Foreman and Alria reviewed the bulletin board and distributed a flyer. MOVED by Loomis, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for CommonPlace. Regular Meeting of the City Council October 4, 2011 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - January 13, 2011 Board of Zoning Appeals - August 23, 2011 Environmental Commission - July 25, 2011 Bassett Creek Watershed Management Commission - August 18, 2011 *Fire Pumper - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase a Pierce Fire Pumper including equipment from the Houston-Galveston Area Council Contract from Clarey's Safety Equipment for $470,767. *Emails and/or Petitions Reqardinq Harold Avenue Rezoninq MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the petition regarding Harold Avenue rezoning received September 20, 2011. *Waiver of Public Hearin� and Certification of Special Assessments - 2011 Pavement Manaqement Proaram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-48 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2011(A) CITY STREET IMPROVEMENTS 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. Waiver of Public Hearina and Certification of Special Assessments - 2011 Pavement Manaqement Proaram Sanitarv Sewer Repairs Mayor Loomis requested staff update the Council on the request of some residents to be able to be assessed for sanitary sewer repairs even if they were not in a pavement management area. Thomas Burt answered questions from the Council. Regular Meeting of the City Council October 4, 2011 Page 3 Waiver of Public Hearinq and Certification of Special Assessments - 2011 Pavement Manaqement Proaram Sanitarv Sewer Repairs - Continued Member Loomis introduced the following resolution and moved its adoption: RESOLUTION 11-49 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2011(A) CITY STREET IMPROVEMENTS 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. *Approvina Appointment of Election Judaes for Citv Election Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-50 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE CITY ELECTION TO BE HELD ON NOVEMBER 8, 2011 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 for Submittal of Application for Hennepin Youth Sports Proqram Grants - Brookview Park Plav Structure Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-51 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR HENNEPIN YOUTH SPORTS PROGRAM GRANT 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. Regular Meeting of the City Council October 4, 2011 Page 4 Public Hearinq - Ordinance #472 - Rezoninq from Sinqle Familv Residential (R-1) to Moderate Densitv Residential (R-2) - 6601 Medicine Lake Road - Paul B. Kellev, Applicant The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 472, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Single Family Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) 6601 Medicine Lake Road Paul B. Kelley, Applicant Paul Kelly, Applicant, reviewed the rezoning request and answered questions from the CounciL Cathy Waldhauser, Planning Commission, presented the Commission report. Joe Hogeboom, Planner, reviewed the request and answered questions from the Council. Allen Barnard and Josh Kunde, Property Maintenance Inspector, 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. Logan Erickson, 6725 Medicine Lake Road, looked at a number of houses before deciding to move and thought in the future the older homes would be converted into large homes because they are on large lots; stated the idea of a duplex is not preferable and would like to see a single family home on the site. Paula Longendyke, 6747 Medicine Lake Road, stated 6601 Medicine Lake Road has been a disaster for a number of years; would like to keep the neighborhood for single family homes; would not like to see duplexes like the ones on Douglas Drive and Medicine Lake Road and would like to keep the neighborhood the way it is if possible. Barb Napiwocki, 6641 Medicine Lake Road and 6709 Medicine Lake Road, stated if the site is rezoning they would be looking at tearing down both homes and build some multiple homes on their lots; when they moved in the area it was just single family homes but if the whole street keeps turning into duplexes or fourplexes they would sell both properties to a developer and stated she is opposed to the rezoning. Regular Meeting of the City Council October 4, 2011 Page 5 ' Public Hearina - Ordinance #472 - Rezonina from Sinple Famiiv Residential (R-1) to Moderate Densitv Residential (R-2) - 6601 Medicine Lake Road - Paul B. Kellev, Applicant - Continued Chris Greenwood, 6531 Medicine Lake Road, stated she would like to see single family homes built; stated they would like to see anything that is an improvement over what is there now; expressed concern over property values; stated that at this point they do not see that a twin home with two families would be that much of a deterrent; would not like to see the whole block be rezoned; stated they have no intention of selling their home and rezoning the property to R-2; stated they plan on being there as long as they can and would be thrilled to see the house torn down. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried to deny Ordinance #472, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - NO PENTEL - NO SCANLON - NO SHAFFER - YES MOVED by Pentel, seconded by Freiberg and motion carried to make the following finding and determinations: zoning to moderate density residential (R-2) would be inconsistent with the surrounding properties and that a more comprehensive study of the area should be done to determine long-term use of the lots; and that rezoning only one property sets a negative precedent for the area. Council Member Shaffer voted no. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to review this area in a proper planning process as moderate density residential (R-2) zoning district potentially. Public Hearinq - Special Assessments - Delinquent Utilitv 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-52 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING Regular Meeting of the City Council October 4, 2011 Page 6 Public Hearina - Special Assessments - Delinquent Utilitv Bills - Continued 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 Hearinq - Special Assessments - Miscellaneous Charqes Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Mark Kuhnly, Chief of Fire and Inspection; and Josh Kunde, Property Maintenance Inspector, presented the background report 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. Bob Hart, attorney representing Lyle Mandel, 5355 Topel Road, stated he has received an assessment for $1,380 for administrative citations, stated when he received the citations there was no description of the violations included with the citations; a copy of section 4.60 was included which outlines what is to be included with the citations but no description of the violations were included; feels the citations are not valid and should not be assessed at this time; stated there is an on-going civil case and the underlining problems that were present have now been repaired and they are trying to settle the case; the citations could be a part of the civil case and feels it would be premature to assess the citations now when the civil case is not finally concluded; stated Mr. Mandel is a small business owner and his business has been having difficult times and it would be a financial burden for him to pay at this time and since everything has been resolved other than the civil suit requested the Council not assess him. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-53 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 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. Regular Meeting of the City Council October 4, 2011 Page 7 Authorization to Applv for Open To Business Grant Thomas Burt introduced the agenda item and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-54 RESOLUTION AUTHORIZING SUBMISSION OF A REQUEST FOR MATCHING FUNDS THROUGH THE 2011 HENNENPIN COUNTY ECONOMIC DEVELOPMENT INITIATIVE - OPEN TO BUSINESS 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. The Council requested a detailed report be provided to the Council at the end of the year accounting the use of the program by residents and businesses located within the City. Announcements of Meetinqs The next Housing and Redevelopment Authority meeting will be held on October 11, 2011 at 6:30 pm. The next Council/Manager meeting will be held on October 11, 2011 immediately following the HRA meeting. Some Council Members may attend the Neighborhood Watch meeting for Zone 2 on October 11, 2011 at 7 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on October 13, 2011 at 7 pm at the Golden Valley Historical Society. Mighty Tidy Day will be held on October 15, 2011 from 8 am to 1 pm at Brookview Park. Some Council Members may attend the Golden Valley Library 40th Anniversary on October 15, 2011 from 10 am to 4 pm. The next City Council meeting will be held on November 18, 2011 at 6:30 pm. Regular Meeting of the City Council October 4, 2011 Page 8 Mavor and Council Communications The City Council expressed their thanks and appreciation to the residents and businesses who participated in the many activities held on Valley Volunteer Day and well as the Kelly Drive Pumpkin Festival. Adiournment The Mayor adjourned the meeting at 7:58 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant