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05-15-07 CC Minutes unsigned Regular Meeting of the City Council May 15, 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 15, 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 Freiberg, seconded by Shaffer and motion carried unanimously to approve the agenda of May 15, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Rob Volten, 2600 Scott Avenue North, was recently notified that he needs a sewer inspection before he sells his house; stated he had an inspection but his property did not pass because of mineral deposits and tree roots; stated a lot of the older homes will fail because of tree roots; wanted to know if he could put his house on the market with a disclosure stating that he is not compliant; stated it will cost a lot of the homeowners a lot of money to fix the problems and requested his sewer video be reevaluated. Jeannine Clancy and Thomas Burt answered questions from the Council. Staff will meet with Mr. Volten to review his concerns. Approval of Consent Aqenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the agenda of May 15 2007 as amended: Removal of Emails Regarding Mayoral Term. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting -April 17, 2007 and Council/Manager Meetinq - May 8, 2007 MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the City Council meeting minutes of April 17, 2007 and Council/Manager meeting minutes of May 8, 2007 as submitted. Regular Meeting of the City Council May 15, 2007 Page 2 *Bills and Claims MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Green Acres Mortqaqe MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Green Acres Mortgage. *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - January 11, 2007 Joint Water Commission - March 7, 2007 Bassett Creek Water Management Commission - April 19, 2007 Emails Reqardinq Mavoral Term Council Member Pentel had questions regarding reconsideration of the four year Mayoral term ordinance since one Council Member was not present for the vote. Allen Barnard stated the only way the Council could revisit the issue is to start over. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the emails from Marti Micks dated April 29 and 30, 2007; Blair Tremere dated April 29, 2007 and Mary Anderson dated April 30, 2007. The Council directed staff to place the issue of the Four Year Mayoral Term on the June 12, 2007 Council/Manager agenda. *Receipt of April 2007 General Fund Budqet Report and Capital Improvement Plan Report MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the April 2007 General Fund Budget Report and April 2007 Capital Improvement Plan Year to Date Report. Regular Meeting of the City Council May 15, 2007 Page 3 *Authorization to Sell Excess Fire Equipment MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize Fire Department staff to advertise and sell excess equipment and air compressor. Public Hearinq - Ordinance #369 - Conditional Use Permit 07-115 - 9105 10th Avenue North - First Student The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 369, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 07-115 9105 10th Avenue North First Student, Applicant Todd Bauman, Applicant, reviewed the permit and answered questions from the Council. Don Keysser, presented the Planning Commission report. Mark Grimes, Director of Planning and Development, 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. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #369, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Call for Public Hearinq - 2006 NPDES Phase II, Storm Water Pollution Prevention Plan, Annual Report to the Minnesota Pollution Control Agency Jeannine Clancy introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-26 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE 2005 NPDES PHASE It, STORM WATER POLLUTION PREVENTION PLAN (SWPPP), ANNUAL REPORT TO THE MINNESOTA POLLUTION CONTROL AGENCY Regular Meeting of the City Council May 15, 2007 Page 4 Call for Public Hearinq - 2006 NPDES Phase II, Storm Water Pollution Prevention Plan, Annual Report to the Minnesota Pollution Control Agency - 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. First and Second Consideration - Ordinance #370 - Certificate of Inflow and Infiltration (I&I) Compliance (Point of Sale) The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 370, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 3 Provisions Regarding Inflow and Infiltration into the Sanitary Sewer System Jeannine Clancy introduced the agenda item and answered questions from the Council. 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. Blair Tremere, 2305 Lee Avenue North, suggested the Council publish more information regarding what the property owners are responsible for when dealing with the sanitary sewer pipes in the street and on individual lots; thanked the Council for the brush pick-up program and the Mighty Tidy Day. The Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #370, 2nd Series, as amended. 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 Shaffer and motion carried unanimously to suspend the rules requiring a second consideration of the ordinance at a separate meeting. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #370, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council May 15, 2007 Page 5 Announcements of Meetings Some Council Members may attend the Golden Valley Historical Society Luncheon on May 16, 2007 at 11:30 am at the Country Club. The next Bassett Creek Water Management Commission will be held on May 17, 2007 at 11:30 am. Some Council Members may attend the Optimist Gala on May 17, 2007. Some Council Members may attend the Active Living Walking Tour on May 18, 2007 at 8 am at City Hall. The Golden Valley Days Art and Music Festival will be held on May 18 and 19, 2007. The City Council will meet with the Envision Connection Project Board of Directors on May 29, 2007 at 6:30 pm. The next City Council meeting is June 5, 2007 at 6:30 pm. The next Council/Manager meeting is June 12, 2007 at 6:30 pm. Some Council Members may attend the Golden Valley Historical Society Antique Road Show on June 16, 2007 at the Heathers in Crystal. The Fire Department Open House is June 20, 2007 from 6 to 8 pm. The Fire Department Street Dance is June 23, 2007 at the American Legion Mavor 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