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02-06-07 CC Minutes Regular Meeting of the City Council February 6, 2007 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 February 6, 2007 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. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of February 6, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Aqenda MOVED by Pentef, seconded by Freiberg and motion carried unanimously to approve the agenda of February 6, 2007 as amended: Removal of Support for Freedom to Breathe Act. Mayor Loomis read the items listed on the consent agenda. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gamblinq License Exemption and Waiver of Notice Requirement - Rotary Club of Golden Valley MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Rotary Club of Golden Valley. *Gamblinq License Exemption and Waiver of Notice Requirement - Church of Christ the Kinq MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Rotary Club of Golden Valley. Regular Meeting of the City Council February 6, 2007 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - November 13, 2006 Board of Zoning Appeals - December 20, 2006 Bassett Creek Water Management Commission - December 21, 2006 Environmental Commission - November 27, 2006 Open Space and Recreation Commission - November 26, 2006 Envision Connection Project Board of Directors - December 14, 2006 Families Sharing the Dream - November 16, 2006 *Quotes - Self Contained Breathinq Apparatus Air Compressor MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Fire Department to purchase one air compressor from the lowest responsible bidder, Alex Air Apparatus for $37,140. The quotes are as follows: Alex Air Apparatus $37,140 Crow River Marketing 39,003 *Quotes - Rotary Mower MOVED by Pentel, seconded by Freiberg and motion carried unanimously to purchase one 16-foot rotary mower, through the Minnesota Department of Transportation contract, from MTI Distributing for $68,356.45. *Letter from Christopher Kaisershot Reqardinq Reappointment to Environmental Commission MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Christopher Kaisershot, dated January 23, 2007, informing the Council that he will not seek reappointment to the Environmental Commission at the conclusion of his term, and request the Mayor send him a letter of appreciation in recognition of his service to the community. *Letter from Brenda Foster Reqardinq Resiqnation from Human Services Foundation MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Brenda Foster, dated January 24, 2007 regarding her resignation from the Human Services Foundation and request the Mayor send her a letter of appreciation in recognition of her service to the community. Regular Meeting of the City Council February 6, 2007 Page 3 *Support for Fundinq Request bv Five Cities Senior Transportation Proiect from 2007 Consolidated Pool - Urban Hennepin Countv Communitv Development Block Grant Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-5 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2007 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT 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. Support for Freedom to Breathe Act Council Member Freiberg reviewed the Freedom to Breathe Act and supports adopting the Resolution. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-6 RESOLUTION IN SUPPORT OF THE 2007 FREEDOM TO BREATHE ACT 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. Public Hearinq - 701A and 07-1B - 2007 Pavement Manaqement Program Jeannine Clancy presented the project and answered questions from the Council. Jeff Oliver, City Engineer, and AI Mura, Short Elliott Hendrickson, 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. Regular Meeting of the City Council February 6, 2007 Page 4 Public Hearinq - 701A and 07-1B - 2007 Pavement Manaqement Proqram - Continued Wayne DeTuncq, 1830 Glenwood Parkway, distributed a letter regarding the proposed improvements to the intersection of Golden Valley Road and Theodore Wirth Parkway, some of the points he addressed in the letter were specifically for his property; feels that this intersection is a little more complicated than other intersections in the city; feels that if the City wants financial assistance from the City of Minneapolis and the Minneapolis Park Board, they may not have the funds for the project; stated that at times the intersection is very quiet but when it snows or ices up the intersection changes quickly and at times there sometime as many as 40 or 50 vehicles backed up; stated that the City of Minneapolis and Hennepin County have studied the intersection attempting to determine if signals will help the intersection; stated if the wrong decision is made it may make the intersection worse. Mary Jane Hedstrom, 4503 Hampton Road, feels the changes to the intersection are not consistent with the Envision project; feels her area is a unique neighborhood with winding and curving connections through the area and is opposed to changing the street realignment; stated there has never been an accident there; doesn't see a reason for the change and is concerned over losing the beauty and qualify of life in the area if the reconstruction goes forward. Jane Pagenkopf, 4900 Hampton Road, stated she lives at the intersecting of three streets; stated there have been no accidents on the streets; feels that tightening up the curves will be a problem; feels that when the roads get slippery, it will be harder for cars to make the curve and may end up on their property; expressed concern about lines of vision and parking in the area; feels that deer are a greater problem in the area; stated when the area is only plowed in the center, it is more difficult for her to walk. Ron Soderberg, 4803 Hampton Road, acknowledged that the revised plans are better than the ones he saw earlier; distributed copies of the plans for the intersection of Hampton Road, Major and Lee from the proposed reconstruction of 1996; the 1996 plan shows minor changes to the intersection; wanted to know why the plans were being changed more drastically now than the 1996 plan; haven't been any accidents or speeding tickets in fifty years; was told that some of the residents who live in the area complained about the intersection and wanted to know who they were; wants the plans to be consistent with the wishes of the neighborhood. Blair Tremere, 2305 Lee Avenue North, stated he endorses the project because it is part of an ongoing program that benefits the entire city; stated he was on the Council when they walked the area and was shown the signs of the deteriorated pavement; urged the Council to continue the program; stated the longer streets wait to be reconstructed, the more it costs for street maintenance; stated he recently had a water main break in the area and was able to see the street from a profile and he saw how bad the road condition is; asked questions regarding the costs for the pavement management program and for the inspection of the sanitary sewer; stated the lighting in the Theodore Wirth Parkway area is very bad with most of the lights not working all the time and that when the Police Department is called, it is Golden Valley that responds, not the Park Police. Regular Meeting of the City Council February 6, 2007 Page 5 Public Hearinq - 701A and 07-1B - 2007 Pavement Manaqement Proqram - Continued Steve Dargi, 2241 Legend Lane, stated that kids play and fish in his backyard by the culvert and he is liable; suggested that when the culvert is reconstructed he doesn't want a wide area for people to stand on; stated that he also has people who drive and park on his property at night; suggested the city only have one garbage hauler as now there are a number of them and they are ruining the roads; stated he has noticed an increase of semi- trucks using the street at night to bypass traffic and an increase in traffic at night; he stated he is in favor of the project but doesn't want to make it a desirable way to cut through the neighborhood Bob Rogness, 2508 Lee Avenue North, wanted to know what the process is for approving the pavement management program; who makes the decision and when will the public know. Anne Singer, 4500 Merribee Road, stated the three people who live on the street effected by the reconstruction are at the meeting tonight to express their opinion, wanted to know why the persons who called to complain about the traffic are not there; wanted to know if the concerns of others who are not at the meeting weigh more than those whose property is effected; feels that if the area is such a safety issue they should be there, and wanted to know if the people with concerns have sent emails or letters. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption, with alternate layout: RESOLUTION 07-7 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT 07-1A 2007 PAVEMENT MANAGEMENT PROGRAM 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. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-8 RESOLUTION TO NOT APPROVE CITY IMPROVEMENTS PROJECT 07-1 B 2007 PAVEMENT MANAGEMENT PROGRAM Regular Meeting of the City Council February 6, 2007 Page 6 Public Hearinq - 701A and 07-1B - 2007 Pavement Manaqement Proqram - Continued 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. Continued Public Hearinq - Preliminarv Desiqn Plan Approval -Amendment#2 - PUD #53 - The Colonnade Edward Farr and Dave Selegren reviewed the revised plans and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. Some Council Members still expressed questions and concerns regarding the traffic management plan, gated exit, spilling of parking into adjacent business and residential properties, sustainable design characteristics, green design, internal parking; design and landscaping for Golden Hills Drive/Xenia Avenue intersection, design and environmental issues; size of development, and building innovations. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continue consideration of the Preliminary Design Plan Amendment, Amendment#2, PUD #53, The Colonnade to February 20, 2007. Authorizinq Issuance and Sale of: $2,560,000 General Obliqation State-Aid Street Bonds, Series 2007A and $730,000 General Obliqation Equipment Certificates of , Indebtedness, Series 2007B Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-9 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,560,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 2007A 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 February 6, 2007 Page 7 Authorizinq Issuance and Sale of: $2,560,000 General Obliqation State-Aid Street Bonds, Series 2007A and $730,000 General Obliqation Equipment Certificates of Indebtedness, Series 2007B - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-10 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $730,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2007B 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 Meetinqs A Joint City Council and Planning Commission meeting regarding the I-394 Corridor will be held on February 12, 2007 at 6 pm. The Council will interview Board/Commission applicants on February 13, 2007 at 5:30 pm. The next Council/Manager meeting will be held on February 13, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on February 15, 2007 at 11:30 am. A 2007 Council Strategic Planning Workshop will be held on Saturday, February 17, 2007 at the Brookview Grill beginning at 9 am. The next City Council meeting will be held on February 20, 2007 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council February 6, 2007 Page 8 Adjournment The Mayor adjourned the meeting at 9:30 p.m. �� �� Linda R. Loomis, Mayor ATTEST: , �- � �^ J� y Nally Administrati e Assistant i