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05-01-07 CC Minutes unsigned Regular Meeting of the City Council May 1, 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 May 1, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel and Scanlon; and the following was absent: Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificates of Appointment Mayor Loomis administered the oath of office and presented Certificates of Appointment, mugs and city pins to: Ryan Chandlee, Environmental Commission; Heather Kehn, Northwest Hennepin Human Services Council Advisory Commission; Anne Saffert, Open Space and Recreation Commission; and Teri Holgate, Human Services Foundation. Robert Hoyt and Shannon Breimhurst, Human Services Foundation, were unable to attend. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of May 1, 2007 as amended: Addition of Letter from Jim Hager Regarding Point of Sale Sewer Inspections and Inflow and Infiltration Program. Citizen Input Mayor Loomis introduced the agenda item. Jim Hager,1720 Rhode Island Avenue North, stated he is in favor of reducing the clean water going into the storm drains but objects to the implementation; stated he knows of four homes which have been inspected and not one of them passed; said it will cost the homeowners from $5,400 to $11,000 to make repairs; stated he and his wife are moving out of the City and his mom is going into a nursing home and selling her home also; feels it is unfair and unconstitutional; doesn't' think the ordinance was well thought out; feels the City should reimburse the people who have already paid for the inspection; feels most of the problems will be in the road as the city main has dropped; feels that most of the problem is with sump pumps and drain tile around the houses; feels the individual property pipes should be fixed when the street is reconstructed, not when someone is moving out of town; requested the Council look at the televised section of his pipe; and requested he and his Mom be relieved from the requirement. Regular Meeting of the City Council May 1, 2007 Page 2 Citizen Input - Continued Diana Hager, 1720 Rhode Island Avenue North, this only affects people who are trying to sell their homes; she asked her neighbors if they were going to sell how they would feel about the ordinance and she stated they would be very upset; stated she feels they are being picked on. The Mayor continued the meeting. Mayor Loomis stated the Council will be discussing the Point of Sale Program at the May 8, 2007 Council/Manager agenda. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 1, 2007 as amended: Removal of Proclamation of Thanks to Breck School Headmaster Sam Salas and Authorization to Hire Environmental Process, Inc. for Roofing and Heating Design Services; and Addition of Letter from Jim Hager Regarding Point of Sale Sewer Inspections. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - Citv Council Meetinq - April 4, 2007 and Council/Manaqer Meetinq - April 11, 2007 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of April 4, 2007 and Council/Manager meeting minutes of April 11 2007 as submitted. *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. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council May 1, 2007 Page 3 *Temporarv Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Leqion for Golden Vallev Days Art and Music Festival MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art and Music Festival on Saturday, May 19, 2007 from 2 to 8:30 pm at the City campus. *Gamblinq License Exemption and Waiver of Notice Requirement - Children's HeartLink . 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 Children's HeartLink. *Solicitor's License -AAA (Animal Humane Society, Inc.) MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for AAA (Animal Humane Society, Inc.). *Solicitor's License - Evergreen Construction Company, Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Evergreen Construction Company, Inc. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - March 27, 2007 Open Space and Recreation Commission - February 26, 2007 Planning Commission - April 9, 2007 Environmental Commission - January 22, 2007 Envision Connection Project Board of Directors - March 22, 2007 Election Task Force - March 26, 2007 - Regular Meeting of the City Council May 1, 2007 Page 4 *Bids - Miscellaneous Concrete Repair MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid for miscellaneous concrete repair to the lowest responsible bidder, Concrete Idea, Inc. for $64,125.00. The bids are as follows: Concrete Idea, Inc. $64,125.00 Ron Kassa Construction, Inc. 68,972.50 Standard Sidewalk, Inc. 108,296.25 Proclamation of Thanks to Breck School Headmaster Sam Salas Council Member Freiberg acknowledged the support he received from Mr. Salas while he was a student at Breck School. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt a Proclamation of Thanks to Breck School Headmaster Sam Salas. *Proclamation for Arbor Day and Month MOVED by Pentel, seconded by Freiberg and motion carried unanimously to proclaim May 8, 2007 as Arbor Day and May as Arbor Month. *Proclamation for Walk for Animals Day MOVED by Pentel, seconded by Freiberg and motion carried unanimously to proclaim May 5, 2007 as Walk for An imals Day. Authorization to Hire Environmental Process, Inc. for Roofinq and Heatinq Desiqn Services. Council Member Freiberg wanted to know why competitive bids were not required for these projects. Jeannine Clancy and Tom Burt answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the hiring of Environmental Process, Inc. to prepare proposals for engineering services for roofing and heating improvements for the Community Center roof, Fire Station #2, Street/Utility Maintenance heat and Street Maintenance roof for $85,900. *Board/Commission Reappointments MOVED by Pentel, seconded by Freiberg and motion carried unanimously to make the following reappointments: Human Services Foundation: Chris Monroe 2 year term term expires - 5/1/09 Regular Meeting of the City Council May 1, 2007 Page 5 *Board/Commission Reappointments - Continued Board of Zonin.q Appeals: Jason Boudreau-Landis 1 year term term expires - 5/1/08 Mike Sell 1 year term term expires - 5/1/08 Don Hughes 1 year term term expires - 5/1/08 Luke Weisberg 1 year term term expires - 5/1/08 Open Space and Recreation Commission: Roger Bergman 3 year term term expires - 5/1/10 Jim Vaughan 3 year term term expires - 5/1/10 Building Board of Review: Ed Chesen 3 year term term expires - 5/1/10 Human Rights Commission: Anne Dykstra 3 year term term expires - 5/1/10 Plannin.p Commission: John Kluchka 3 year term term expires - 5/1/10 Steve Schmidgall 3 year term term expires - 5/1/10 Civil Service Commission: Gloria Kumagai 3 year term term expires - 5/1/10 *Letter from Jim Haqer Reqardinq Point of Sale Sewer Inspections MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Jim Hager, dated April 30, 2007, regarding point of sale sewer inspections. Second Consideration - Ordinance #367 - Providinq for Four Year Mavoral Term The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 367, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Providing for Four Year Mayoral Term Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Gary Cohen, Election Task Force Chair, reviewed the Task Force recommendations and answered questions from the Council. Allen Barnard answered questions from the Council. Regular Meeting of the City Council May 1, 2007 Page 6 Second Consideration - Ordinance #367 - Providinq for Four Year Mavoral Term - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Marti Micks, 90 Louisiana Avenue South, stated she had read the Election Task Force Report and feels that from personal experience as serving on the Council the term for Mayor should be two years; feels that people are more interest in the polls when the election is held every two years; feels that as the Mayor campaigns they will be more aware of what the community thinks; distributed and reviewed a survey regarding the terms of offices for other cities who have a four year and two year Mayor term; and doesn't feel it is the time to change and hopes the Council maintains the two year Mayoral term. Joanie Clausen, 2516 Lee Avenue North, stated she supports a two year Mayor term; knows that it is a lot of work campaigning; feels voter turnout would be lower if the ordinance is adopted; and feels it makes the Mayor more accountable to the residents when they have to run every two years. The Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion failed to approve Ordinance #367, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - NO PENTEL - YES SCANLON - YES SHAFFER - ABSENT Continued Item - Approval of Plat - Voqel Addition Thomas Burt introduced the agenda item. Allen Barnard answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-23 RESOLUTION FOR APPROVAL OF PLAT - VOGEL ADDITION 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 and Scanlon; and the following was absent: 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 Freiberg 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, as amended: state the garage has to be removed by June 1, 2007. Regular Meeting of the City Council May 1, 2007 Page 7 Inflow/Infiltration Program Mayor Loomis suggested the City conduct an Information Fair on Inflow and Infiltration and invite residents to participate. Thomas Burt and Allen Barnard answered questions from the Council. Staff will prepare an outline for the Information Fair for the May 8, 2007 Council/Manager meeting. Authorizinq Issuance and Sale of: $4,105,000 General Obligation Improvement Bonds, Series 2007C 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 07-25 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,105,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007C 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 and Scanlon; and the following were absent: 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 Meetings Some Council Members may attend the Rotary Dinner on May 4, 2007 at 6:30 pm Some Council Members may attend the Optimist Dinner on May 17, 2007 at 6:30 pm at the Golden Valley Country Club The next Council/Manager meeting is May 8, 2007 at 6:30 pm. The next City Council meeting is May 15, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on May 15, 2007 at 11:30 am. The City Council will meet with the Envision Connection Project Board of Directors on May 29, 2007 at 6:30 pm. Regular Meeting of the City Council May 1, 2007 Page 8 Announcements of Meetinqs - Continued A City Council meeting will be held on June 5, 2007 at 6:30 pm The Golden Valley Days Art and Music Festival will be held on May 18 and 19, 2007. Set Date for Board/Commission Recognition Dinner The Council set the Board/Commission Dinner for June 14, 2007 at 6:30 pm at the Brookview Community Center. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:07 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant