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07-03-07 CC Minutes unsigned Regular Meeting of the City Council July 3, 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 July 3, 2007 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. U. S. Representative Keith Ellison Representative Keith Ellison attended the meeting and stated he is interested in conducting a town hall forum on issues facing the City and district; and requested the Council inform him of issues for discussion and reviewed some of the issues he is currently working on in Washington. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of July 3, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. William Anderl, 4911 33rd Avenue North, distributed a letter regarding the sanitary sewer inspection program, stated he had an inspection on his property and a hidden sewer line cleanout under his driveway, he discussed it with staff and they won't give him a certificate of compliance and he would like to sell his house sometime in the future; stated he called a number of plumbers to see if they could get a better picture of the area or install a sewer lining and was told it was not possible; doesn't see the reasonableness of requiring him to cut through his concrete just to check to see if it is capped; stated he has never had water problems and he doesn't have a sump pump; has good drainage on his property; stated other cities don't require this much inspection and offer financial assistance for sump pump programs; stated that no water can enter the pipe because is it covered by a concrete slab and requested that his property receive a certificate of compliance. Mike Berger, 4915 Culver Road, stated the letter he received for the city stated that some of the properties may lose 1 to 7 feet of property and asked if there will be a condemnation proceeding or eminent domain proceeding; wanted to know how the property owners can protect their property; feels that a sidewalk will affect the property value; concerned over loss of property; increased traffic flow patterns, wanted to know who is responsible for snow removal on the sidewalk; repair or replacement of the sidewalk; who maintains the grass on the boulevard; who is liable for any personal injury claims; and requested a response to his emails. Regular Meeting of the City Council July 3, 2007 � Page 2 Citizen Input - Continued Gary Cohen, 4530 Douglas Avenue, stated he is the Election Task Force chair and they held their last meeting and completed their work on a candidate information packet; requested the Council increase the visibility of the odd year election cycle; including newsletter, cable 12, Sun Post and other media outlets and to think outside the box to get attention for the elections; and thanked the member of the Task Force and staff. Robert Hagen, 4815 Culver Road, feels that the market value of homes are changed when there is a sidewalk and was surprised by the comments from the Assessor that it doesn't impact; it is not just the sidewalk the neighbors are concerned about it is also the widening of the road; loss of lot size; installation of curb and gutter, loss of mature trees, increase traffic flow, increase of speed of cars, reviewed a study of the impact of sidewalks from a realtors association; and the impact on the loss of the tax base. Sara Wooding, 5365 Culver Road, likes the rolling lots, expressed concern over loss of front yard and driveway and ability to park cars; loss of trees and the trees to be replaced will be much smaller than they have now. Charles Opham, 2885 Regent Avenue North, stated the road is very lightly used and feels the sidewalks are not necessary, concerned about impact of quality of life; stated neighbors are not in favor of sidewalks and the Council should listen to the neighborhood; The Mayor closed the meeting. Mayor Loomis stated the Council will discuss at the July 10, 2007 Council/Manager meeting reconvening the Sidewalk Committee. Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of July 3, 2007 as amended: Removal of Minutes of Boards and Commissions Environmental Commission Minutes - May 21, 2007. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - Citv Council Meetinq - June 5, 2007 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of June 5, 2007 as submitted. Regular Meeting of the City Council July 3, 2007 Page 3 �`Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - Evergreen Construction Company MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Evergreen Construction Company. *Solicitor's License - Window Concepts of Minnesota MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Window Concepts of Minnesota. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - May 29, 2007 Board of zoning Appeals - May 22, 2007 Open Space and Recreation Commission - June 4, 2007 Envision Connection Project Board of Directors - May 29, 2007 Joint City council and Envision Connection Project Board of Directors - May 29, 2007 Minutes of Boards and Commission - Environmental Commission - May 21, 2007 Marti Micks, 90 Louisiana Avenue South, said she did not see the City Council agenda on the web site; stated questions had been submitted to the Environmental Commission regarding renewable and alternative energy and wanted to know if they were discussed at the meeting. Mayor Loomis read the highlights of the meeting. Thomas Burt stated there were some problems with the server switch and they have been corrected; stated he will forward the request from Marti Micks to the Environmental Commission. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and file the Environmental Commission minutes dated May 21, 2007. Regular Meeting of the City Council July 3, 2007 Page 4 *Appointments of Reappointments MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following appointments: Human Rights Commission: Samuel Deputie 3 year term term expires - 5/1/10 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following Reappointments: Human Services Foundation: Dan Blumb 2 year term term expires - 5/1/09 Board of Zoning Appeals: Linda Morrissey 1 year term term expires - 5/1/08 *Authorization to Siqn Hennepin Countv Justice Inteqration Subscriber Agreement Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-30 RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO A JUSTICE INTEGRATION SUBSCRIBER AGREEMENT WITH HENNEPIN COUNTY FOR ACCESS TO SUBJECT IDENTIFICATION AND LOCATOR SERVICE (SILS) AND COURT CALENDAR 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. *Receipt of Safe & Sober Challenge Grant Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-31 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY GRANT 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 July 3, 2007 Page 5 *Xenia Avenue and Golden Hills Drive Intersection - Authorization to Siqn Contract with WSB & Associates for Enqineerinq Services and Authorization to Siqn Preliminary Fundinq Aqreement with Union X, LLC MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize entering into an agreement for professional engineering services with WSB & Associates, Inc. for modifications to the intersection of Xenia Avenue and Golden Hills Drive in an amount not to exceed $195,818. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize entering into the Preliminary Funding Agreement with Union X, LLC. Second Consideration - Ordinance #378 - Providinq for Four Year Mavoral Term The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 378, 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. MOVED by Freiberg to table consideration of Ordinance No. 378 until the first meeting of January 2008. Motion died for a lack of a second. MOVED by Shaffer, seconded by Pentel and motion carried to approve on Second Consideration Ordinance #378, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - ABSTAIN PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetings A Concert in the Park featuring Celebration Brass will be held on July 9, 2007 at 7 pm at Brookview Park. The next Housing and Redevelopment Authority meeting is July 10, 2007 at 6:30 pm. The next Council/Manager meeting is July 10, 2007 immediately following the HRA meeting. Some Council Members may attend the Golden Valley Historical Society Tenth Anniversary Open House on July 15, 2007. Regular Meeting of the City Council July 3, 2007 Page 6 Announcements of Meetinqs A Concert in the Park featuring Gypsy Mania Quartet will be held on July 17, 2007 at 7 pm at Brookview Park. The next City Council meeting is July 17, 2007 at 6:30 pm. Some Council Members may attend the Employee Appreciation Lunch on July 19, 2007 from 11 am to 12:30 pm. The next Bassett Creek Water Management Commission will be held on July 19, 2007 at 11:30 am. A Concert in the Park featuring Calhoun Brass will be held on July 23, 2007 at 7 pm at Brookview Park. Mavor and Council Communications Mayor Loomis invited residents to attend the Golden Valley Historical Society Tenth Anniversary Open House on July 15, 2007 which will be held from 1 pm to 4 pm including historical displays, face painting, magic performance, coloring contest, ice cream, music and collector cars. Adiournment The Mayor adjourned the meeting at 7:35 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant