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10-02-07 CC Minutes unsigned Regular Meeting of the City Council October 2, 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 October 2, 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. Statement Reqardinq Hixon Lawsuit Mayor Loomis introduced the agenda item and asked Allen Barnard the City Attorney to make a statement. He discussed the legal posture of the Hixon case. He said that it is a human tragedy not only for Mr. Hixon but also for the lives of the officers, family members and institutions involved. He stated that this case is in federal court and it is in the early stages. He also reviewed the stages which need to be completed before the issue is resolved. He further instructed the City Council and staff members not discuss the aspects of the case as it is still in litigation. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of October 2, 2007 as amended: Approving Appointment of Election Judges for City Election - staff distributed an amended Resolution Approving Election Judges. Citizen Input Mayor Loomis introduced the agenda item. Kevin Johnson, 1810 Zephyr Place, stated he submitted a letter to the Mayor and Council last week regarding the street improvement project and requested that the Council help mediate the items listed in his letter. Freddy Weisberg, 6908 Winsdale Street North, stated she has read articles in the newspaper regarding the Hixon case and felt disheartened by some of the statements she has read; feels that the city should issue a public apology. Jeffrey Beck, 2400 Rhode Island Avenue North, Apt 404, asked if the City has a no tolerance policy regarding smoking; if the Police will arrest underage smokers; how will children be protected from second-hand smoke, if the City will take the lead in taking smoking out of rental properties and wanted to know if the public can make an arrest. The Mayor continued the meeting. Regular Meeting of the City Council October 2, 2007 Page 2 Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of October 2, 2007 as amended: Removal of Solicitor's License - Titus N. Winger Contracting, Inc.; Adoption of Alternative Methods for Sanitary Sewer Service Replacement and Emergency Declaration - Severe Thunderstorm Damage - September 20, 2007. Mayor Loomis asked if any citizen requested an item be removed from the agenda. Jeffrey Beck, 2400 Rhode Island Avenue North, Apt 404, requested Solicitor's License - Titus N. Winger Contracting, Inc. be removed from the agenda. Bill Anderl, 4911 33rd Avenue North, requested Adoption of Alternative Methods for Sanitary Sewer Service Replacement and Emergency Declaration - Severe Thunderstorm Damage - September 20, 2007be removed from the agenda. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - Special Council/Manaqer Meetinq - Auqust 21, 2007 and Citv Council Meetinq - September 4, 2007 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Special Council/Manager meeting minutes of August 21, 2007 and the City Council meeting minutes of September 4, 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. *Gambling License Application to Conduct Excluded Binqo - Sons of the American Legion Post#523 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license to conduct excluded bingo at the Sons of the American Legion Post #523. *Gamblinq License Application to Conduct Excluded Binqo - Ladies Auxiliary to the Veterans of Foreiqn Wars #7051 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license to conduct excluded bingo at the Ladies Auxiliary to the Veterans of Foreign Wars #7051. Regular Meeting of the City Council October 2, 2007 Page 3 Solicitor's License - Titus N. Winger Contractinq, Inc. Jeffrey Beck, 2400 Rhode Island Avenue North, Apt 404, asked how residents would know if the company is bonded and insured; are background checks done on the applicants and feels there should be background checks and the city should recommend contractors who have worked with the City. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Titus N. Winger Contracting, 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 - August 28, 2007 Environmental Commission - August 27, 2007 Envision Connection Project Board of Directors - August 26, 2007 Bassett Creek Water Management Commission - August 16, 2007 *Letter from Tom Zins Reqardinq Resiqnation from Open Space and Recreation Commission MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter from Tom Zins, dated September 12, 2007 regarding resignation from the Open Space and Recreation Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. Adoption of Alternative Methods for Sanitary Sewer Service Replacement Council Member Pentel had questions regarding the alternative methods. Bill Anderl, 4911 33rd Avenue North, stated he had a sewer inspection on his line and it will cost $20,000 to fix it; feels some homes have undue hardships and deviations of the ordinance should be approved; wanted to know what authority the City has to approve the contractors who do the work; suggested we follow the City of Bloomington and allow a 4" PVC relined pipe be installed in the 6" clay pipe that connects to the City's mail; distributed copies of the City of Bloomington's regulations; wanted to know who the certified or licensed Engineer that is certifying the method under the State law; feels that no action should be taken on the resolution until a cost benefit analysis and further research is done on the methods. Thomas Burt and Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council October 2, 2007 Page 4 Adoption of Alternative Methods for Sanitarv Sewer Service Replacement - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-41 RESOLUTION DESIGNATING METHODS OF SANITARY SEWER SERVICE REPAIR 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. *Approvinq Appointment of Election Judges for City Election Member Pentel introduced the following resolution and moved its adoption, as amended: RESOLUTION 07-42 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE CITY ELECTION TO BE HELD ON NOVEMBER 6, 2007 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. Emerqency Declaration - Severe Thunderstorm Damaqe - September 20, 2007 Bill Anderl, 4911 33rd Avenue North, asked why an outside contractor was hired to help with the storm damage cleanup; feels the insurance company and utility companies will clean up the storm damage and feels the Public Works department staff should work on the clean-up. Jeannine Clancy and Thomas Burt answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-43 RESOLUTION FOR EMERGENCY DECLARATION OF SEVERE THUNDERSTORM DAMAGE ON SEPTEMBER 20, 2007 Regular Meeting of the City Council October 2, 2007 Page 5 Emerqency Declaration - Severe Thunderstorm Damaqe - September 20, 2007 - Continued 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. *Waiver of Public Hearinq and Certification of Special Assessments - 2007 Pavement Manaqement Proqram Driveways - 2007 Golden Valley Road/Bridge Driveways - 2007 Pavement Manaqement Program Sanitary Sewer Repairs - 2007 Golden Valley Road/Bridge Sanitary Sewer Repairs - 2006 Pavement Management Proqram Sanitarv Sewer Repairs -2006 Pavement Manaqement Proqram Driveways Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-44 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2007 CITY STREET IMPROVEMENTS 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-45 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2007 CITY STREET IMPROVEMENTS GOLDEN VALLEY ROAD/BRIDGE IMPROVEMENT AREA 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. Regular Meeting of the City Council October 2, 2007 Page 6 *Waiver of Public Hearing and Certification of Special Assessments - 2007 Pavement Manaqement Proqram Driveways - 2007 Golden Valley Road/Bridqe Driveways - 2007 Pavement Manaqement Proqram Sanitarv Sewer Repairs - 2007 Golden Valley Road/Bridge Sanitary Sewer Repairs - 2006 Pavement Management Program Sanitary Sewer Repairs -2006 Pavement Manaqement Program Drivewavs - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-46 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIR THAT INVOLVE 2007 CITY STREET IMPROVEMENTS 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-45 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIR THAT INVOLVE CITY STREET IMPROVEMENTS GOLDEN VALLEY ROAD/BRIDGE IMPROVEMENT AREA 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-48 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIR THAT INVOLVE 2006 CITY STREET IMPROVEMENTS 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. Regular Meeting of the City Council October 2, 2007 Page 7 *Waiver of Public Hearinq and Certification of Special Assessments - 2007 Pavement Manaqement Proqram Drivewavs - 2007 Golden Vallev Road/Bridqe Drivewavs - 2007 Pavement Manaqement Proqram Sanitarv Sewer Repairs - 2007 Golden Valley Road/Bridge Sanitarv Sewer Repairs - 2006 Pavement Management Proqram Sanitary Sewer Repairs -2006 Pavement Manaqement Proqram Drivewavs - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUT�ON 07-49 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2006 CITY STREET IMPROVEMENTS 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. *Approval of Plat- Wovak Addition Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-50 RESOLUTION FOR APPROVAL OF PLAT - WOYAK ADDITION 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 - 2007 Pavement Manaqement Proqram 2007 Golden Vallev Road/Bridqe Improvement Area - 2007 Delinquent Utility Bills 2007 Miscellaneous Charqes Sue Virnig, Finance Director, reviewed the 2007 Pavement Management Program special assessments and answered questions from the Council. Thomas Burt, Jeannine Clancy, Allen Barnard, and Jeff Oliver, City Engineer, 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 October 2, 2007 Page 8 Public Hearinq - Special Assessments - 2007 Pavement Manaqement Program 2007 Golden Vallev Road/Bridqe Improvement Area - 2007 Delinquent Utilitv Bills - 2007 Miscellaneous Charqes - Continued Steven Dargi, 2241 Legend Drive, stated he doesn't object to paying the assessment if he gets reimbursed for the damage caused to his property caused by erosion and construction vibrations; he stated there is damage to his driveway, loss of trees, wall structure and garage floor damage, cracked blocks in his house; some of the damage is not covered by homeowners insurance; feels he has been threatened; wanted to know how they were going to protect his house; stated he has filed a claim against the city and submitted a copy of an estimate for work on his driveway; Steve Erickson, 1812 York Avenue North, feels there is a lack of communications between the City, Contractor and residents; stated they hadn't gotten any project newsletters for four weeks; expressed frustration with construction progress; feels they should of gotten more instruction for hooking up the sump pump to the main and stated the tar path for access by city vehicles is now cracked in three places and is sunk in two places. Tony Johnson, 1814 York Avenue North, agrees with previous speaker's comments; stated they were told the project would be done in August, then September and now it is October and the project is not done; wanted to know when the project will be done and what the assessment will be. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-51 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2007 PAVEMENT MANAGEMENT AREA 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. Staff will send a compilation of the citizen complaints regarding the project to the contractor. Sue Virnig, Finance Director, reviewed the 2007Golden Valley Road/Bridge Improvement Area Pavement Management Program special assessments and answered questions from the Council. Thomas Burt, Jeannine Clancy, Allen Barnard, and Jeff Oliver, City Engineer, answered questions from the Council. Regular Meeting of the City Council October 2, 2007 Page 9 Public Hearinq - Special Assessments - 2007 Pavement Manaqement Proqram - 2007 Golden Valley Road/Bridqe Improvement Area - 2007 Delinquent Utility Bills - 2007 Miscellaneous Charqes - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Gary Johnson, 6212 Golden Valley Road, stated he owns the triplex and only rents to one person; wants the Council to reconsider considering reclassifying his property under the multi-dwelling assessment costs; feels that he should be considered like a double lot The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption, as amended: Removal of 6212 Golden Valley Road from the assessment roll RESOLUTION 07-52 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR MUNICIPAL STATE AID STREETS IN THE 2007 GOLDEN VALLEY ROAD/BRIDGE IMPROVEMENT AREA 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. Staff was requested to work the property owner to reduce the amount assessed at this time and defer the remainder of the assessment and report back to the City Council. Sue Virnig, Finance Director, reviewed the delinquent utility bills special assessments 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 07-53 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING Regular Meeting of the City Council October 2, 2007 Page 10 Public Hearing - Special Assessments - 2007 Pavement Manaqement Proqram - 2007 Golden Valley Road/Bridqe Improvement Area- 2007 Delinquent Utility Bills - 2007 Miscellaneous Charqes - 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. Sue Virnig, Finance Director, reviewed the miscellaneous charges special assessments 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 Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-54 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, 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. Set Date for Canvassinq Board Meetinq Mayor Loomis introduced the agenda item. MVOED by Pentel, seconded by Shaffer and motion carried unanimously to set the Canvassing Board Meeting for Wednesday, November 7, 2007 at 6:15 pm. Announcements of Meetinqs The City Council will meet in Executive Session regarding the Hixon lawsuit immediately following the City Council meeting on October 2, 2007. Regular Meeting of the City Council October 2, 2007 Page 11 Announcements of Meetinqs - Continued The next Housing and Redevelopment Authority meeting will be held on October 11, 2007 at 6:30 pm. The next Council/Manager meeting will be held on October 11, 2007 immediately after the HRA meeting. A League of Women Voters Candidate Forum will be held on October 10, 2007 at 7 pm at City Hall. The Midy Tidy clean-up day is October 13, 2007 from 8 am until 1 pm at Brookview Park. Some Council Members may attend the Kelly Drive Pumpkin Annual Event on October 13, 2007 from 11 am until 1 pm. The next City Council meeting will be held on October 16, 2007 at 6:30 pm. A Bassett Creek Water Management Commission meeting will be held on October 18, 2007 at 11:30 am. � The Taste of the Golden Valley is November 8, 2007 from 5:30 pm to 8:30 pm at the Golden Valley Country Club. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:33 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant