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02-21-06 CC MinutesRegular Meeting of the City Council February 21, 2006 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 21, 2006 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. Proclamation for Women's History Month - March 2006 Mayor Loomis introduced the agenda item. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to proclaim March 2006, as Women's History Month. Presentation of Certificate of Appointment Mayor Loomis stated that Luke Weisberg, Board of Zoning Appeals, was unable to attend. Golden Valley Days Art and Music Festival Presentation Don Keysser and Anna Silverman, Golden Valley Community Events Fund, reviewed the plans and activities scheduled for the Festival which will take place on May 19 and May 20, 2006 and answered questions from the Council. Northwest Hennepin Human Services Council Anita Perkins, Emergency Services Coordinator, reviewed their programs and services and answered questions from the Council. Approval of Agenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of February 21, 2006 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Regular Meeting of the City Council February 21, 2006 Page 2 Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of February 21, 2006 as amended: Removal of Approval of Minutes - City Council Meeting - February 7, 2006 and Council/Manager Meeting - February 14, 2006; Rental Property Licenses; Letter From Human Services Foundation Regarding Appointments and Council Representation; Adoption of Council Goals; Authorization to Submit Application for Hennepin County Transit Oriented Development Funds for Douglas Drive Sidewalk; Authorization to Sign Amended PUD Permit - Room and Board - PUD #79 - Amendment #3; Authorization to Sign Amended PUD Permit - Hidden Lakes - PUD #74 - Amendment #4 - 1405 Island Drive; and Authorization to Sign Agreement with Richard McGowan to Purchase Property Located at 2655 Scott Avenue North. Approval of Minutes - City Council Meeting - February 7, 2006 and Council/Manager Meeting - February 14, 2006 Council Member Freiberg reviewed suggested changes in the Council/Manager minutes. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of February 7, 2006 as submitted; and the Council/Manager meeting minutes of February 14, 2006 as amended: Under Street Reconstruction/Railroad Bridge Replacement - Golden Valley Road, Douglas Drive to TH 100, add the following sentence: "Council requested that staff discuss the possibility of a sidewalk at the east end of the project area at the neighborhood meeting."; and Under Council Assignments - delete second sentence. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *Gambling License Application to Conduct Excluded Bingo - Meadowbrook School Parent-Teacher Organization MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the gambling license application to conduct excluded bingo for the Meadowbrook School Parent-Teacher Organization. *Gambling License Exemption and Wavier of Notice Requirement- Church of Christ the King 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 Church of Christ the King. Regular Meeting of the City Council February 21, 2006 Page 3 *Gambling Premises Permit Renewal Application - American Legion Post #523 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-10 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL FOR THE CONDUCT OF LAWFUL GAMBLING (AMERICAN LEGION POST 523) 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. Rental Property Licenses Council Member Freiberg asked if any of the rental properties that applied for a license, were denied. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *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 - January 9, 2006 Planning Commission - November 28, 2005 Bassett Creek Water Management Commission - January 19, 2006 Human Rights Commission - January 12, 2006 Families Sharing the Dream Committee - January 19, 26, 2006 and February 2, 2006 Letter From Human Services Foundation Regarding Appointments and Council Representation Council Member Freiberg wanted to know when the Council will respond to the letter sent by the Foundation. Mayor Loomis stated she asked staff to place the letter on the March 14, 2006 Council/Manager meeting for discussion. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and file the letter from the Human Services Foundation, received February 14, 2006, regarding appointments and Council representation. Regular Meeting of the City Council February 21, 2006 Page 4 Adoption of Council Goals Council Member Pentel requested the Council Goals be discussed and asked what the next step will be. Mayor Loomis read the goals. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt the 2006 Council Goals as amended: 3. Brookview Community Center, last line should read, "Do a cost analysis of maintenance and repairs to the existing building versus construction of a new facility." *Receipt of January 2006 General Fund Budget Report MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the January 2006 General Fund Budget Report. *Authorization to Sign Agreement with WSB & Associates, Inc. for Easement Mapping (Phase III) MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the City Manager to sign an agreement with WSB & Associates, Inc. for Phase III of the easement mapping project for $123,500. Authorization to Submit Application for Hennepin County Transit Oriented Development Funds for Douglas Drive Sidewalk Council Member Pentel feels this project is an appropriate use of transit oriented development funds. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-11 RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR USE OF HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT FUNDS 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 21, 2006 Page 5 Authorization to Sign Amended PUD Permit - Room and Board - PUD #79 - Amendment #3 Council Member Pentel feels the Council should review amendments to PUD permits; asked questions about parking issues and the look of the building and wanted to note that there will be changes at the property. Mark Grimes, Director of Planning and Development, answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Room and Board, PUD No. 79, Amendment No. 3. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Authorization to Sinn Amended PUD Permit - Hidden Lakes - PUD #74 -Amendment #4 - 1405 Island Drive Council Member Pentel reviewed the fence requirements, previous amendments to the PUD and stated the developer/builder should have asked what the fence requirements were before it was built. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to request staff to review the conservation easement and report back to the Council at the March 6, 2006 meeting. Authorization to Sign Agreement with Richard McGowan to Purchase Property Located at 2655 Scott Avenue North Council Member Pentel had questions regarding the funding. Jeannine Clancy answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-12 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL PROPERTY AT 2655 SCOTT AVENUE NORTH 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 February 21, 2006 Page 6 Public Hearing - 06-1 - 2006 Pavement Management Program - West Sweeney Lake Jeannine Clancy presented the project and answered questions from the Council. Jeff Oliver, City Engineer, presented the design elements of the project 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. Nancy Meyer, 1545 Toledo Avenue North, stated she was the person who talked to the neighbors and got the petition signatures for the installation of the sidewalk, the sidewalk was initially going to be on her land but was changed because it would not provide the continuity for the neighborhood; thought the process was wonderful, felt they were heard and appreciated the communication; met with the Sidewalk Committee and thought they were terrific to work with; feels the majority of the neighborhood will appreciate the sidewalk, stated they were concerned over the level of traffic and concerned about the children going to the park. Eric Meyer, 1815 Noble Drive, thanked staff for their help; feels there is no compelling need to tear up the road; understands the pavement management index but does not feel the need to replace the street; expressed concern about the disruption to the neighbor- hood during the construction period; encouraged the Council to look at the streets; stated it is a quiet neighborhood with no traffic; feels that concrete is low maintenance; asked if the Council lived on the street would they see the need to replace it; suggested finding other areas in the city with greater replacement needs; asked about the process for installation of environmental manholes; thinks a number of residents would not mind waiting until 2015 to have their street reconstructed and asked if Noble Drive and Major Drive could be removed from the program and put back at a later date. Anna Silverman, 1825 Major Drive, feels the survey results were not correct because the first brochure given at the open house stated the majority of the residents needed to agree to keeping the concrete street, but the survey results stated 100% participation was required; thinks that if everyone knew the results of the survey were so important that more people would have participated in the survey; asked if there could be a neighborhood meeting to discuss the project; asked if 100% participation is needed or could it still be just a majority of the residents; asked how long would they not be able to get to their property during construction and where will they park during construction. Roma Witzig, 1840 Quail Avenue North, stated there are a number of residents in the neighborhood who are elderly and a few have had hip surgery and wanted to know how far away they will have to park during the construction period; wanted to know how long the construction period was; asked if they will be notified in advance when the street will be closed; how long the construction process will take and asked them to give some thought to the problems that residents may face during the construction process. Regular Meeting of the City Council February 21, 2006 Page 7 Public Hearing - 06-1 - 2006 Pavement Management Program - West Sweeney Lake - Continued Aaron Johnson, 1811 Noble Drive, asked if it had been decided that Noble Drive and Major Drive will be reconstructed; wanted to know if they could take a poll to see if they want the street reconstructed; doesn't want to pay for reconstruction; lives on a horseshoe street with very little traffic; and asked if there is something the neighborhood could do to be removed from the project. Lidia Kozak, 1860 Major Drive, asked if the project was pushed out to 2015, how that would affect the water quality in Sweeney Lake; asked the Council not to consider pushing the project out any further in order to protect the lake and improve the water quality. Mike Kehoss, 1200 Unity Avenue North, stated he has some big trees and quarry rocks on his property and wanted to know what will happen to them. Patrick Lilja, 5308 St. Croix Avenue North, stated that one of the houses adjacent to Scheid Park was removed and there was an agreement not to expand the park; stated he is looking forward to having his street reconstructed and the sewers redone; likes to walk, ride bikes and roller blade but is opposed to sidewalks and feels the street should be widened and with no sidewalks installed. Julia Carlstrom, 5200 Thotland Road, asked how the residents are going to navigate around the neighborhood during the construction. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 06-13 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 06-1 2006 PAVEMENT MANAGEMENT PROGRAM WEST SWEENEY LAKE 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 February 21, 2006 Page 8 Authorization to Sign Agreement with Three Rivers Park District for North Hennepin Regional Trail; Supporting Use of Eminent Domain by Three Rivers Park District for Regional Trail within the City; Agreeing that Electric Power Lines Relocated Pursuant to the Cooperative and Joint Powers Agreement with Three Rivers Park District Need Not be Placed Underground; and First Consideration - Ordinance #341 - Amending City Code Chapter 7 for Trail Use of Right -of -Way Bo Carlson, Three Rivers Park District, presented a power point presentation of the corridor, reviewed the trail corridor and answered questions from the Council. Jeannine Clancy introduced the agenda and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the cooperative and joint powers agreement with Three Rivers Park District for the North Hennepin Regional Trail. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-14 RESOLUTION SUPPORTING USE OF EMINENT DOMAIN BY THREE RIVERS PARK DISTRICT FOR REGIONAL TRAIL WITHIN THE CITY 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: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg; 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 06-15 RESOLUTION AGREEING THAT ELECTRIC POWER LINES RELOCATED PURSUANT TO THE COOPERATIVE AND JOINT POWERS AGREEMENT WITH THREE RIVERS PARK DISTRICT NEED NOT BE PLACED UNDERGROUND 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. The following ordinance was MOVED by Freiberg, seconded by Shaffer: ORDINANCE NO. 341, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending City Code Chapter 7 for Trail Use of Right -of -Way Regular Meeting of the City Council February 21, 2006 Page 9 Authorization to Sign Agreement with Three Rivers Park District for North Hennepin Regional Trail; Supporting Use of Eminent Domain by Three Rivers Park District for Regional Trail within the City; Agreeing that Electric Power Lines Relocated Pursuant to the Cooperative and Joint Powers Agreement with Three Rivers Park District Need Not be Placed Underground; and First Consideration - Ordinance #341 - Amending City Code Chapter 7 for Trail Use of Right -of -Way - Continued MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #341, 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 Hearing - 01-13 - Street Reconstruction - Golden Valley Road, Douglas Drive to TH 100 - 3/21/06 Jeannine Clancy introduced the agenda and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 06-16 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 01-13 GOLDEN VALLEY ROAD, DOUGLAS DRIVE TO TH 100 FRONTAGE ROAD 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. Board/Commission Appointments Mayor Loomis introduced the agenda packet. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to make the following appointments: Siah St. Clair 1 year term expires 5/1/07 Mauno Silpala 2 year term expires 5/1/08 Regular Meeting of the City Council February 21, 2006 Page 10 Council Liaisons and Other Assignments Mayor Loomis introduced the agenda packet. MOVED by Pentel, seconded by Freiberg and motion carried to make the following appointments: Northwest Hennepin Human Services Council Executive Board Council Liaisons Golden Valley Historical Society Board Member Board of Zoning Appeals Shaffer, Pentel Building Board of Review Pentel Civil Service Commission Freiberg Environmental Commission Shaffer, Loomis Human Rights Commission Scanlon, Loomis Human Services Foundation Freiberg, Loomis Open Space and Recreation Commission Freiberg, Shaffer Planning Commission Pentel, Scanlon Other Assianments Northwest Suburbs Cable Communications Commission Shaffer Northwest Hennepin Human Services Council Executive Board Pentel Golden Valley Historical Society Board Member Freiberg Robbinsdale School District 281 Government Advisory Committee Scanlon Hopkins School District 270 Cities Joint Monthly Meetings Loomis Northwest Metro Transit Study Task Force Scanlon Joint Water Planning and Governance Task Force Loomis, Shaffer 1-394 Joint Task Force Pentel, Loomis Legislative Liaison and Spokesperson Loomis Association of Metropolitan Municipalities Shaffer, Delegate Loomis, Alternate MOVED by Loomis, seconded by Shaffer and motion carried unanimously to appoint Mike Freiberg temporarily as the Council Representative to the Human Services Foundation until the Council determines the status of the Foundation. Announcements of Meetings The Election Task Force interviews will be held on February 23, 2006 at 6 pm. A Legislative Breakfast will be held on Saturday, February 25, 2006 at 9 am at Crystal City Hall. A League of Women Voters meeting will be held on February 25, 2006 at 9 am Families Sharing the Dream Event will be held on March 2, 2006 at 7 pm. Regular Meeting of the City Council February 21, 2006 Page 11 Announcements of Meetings - Continued The next City Council meeting will be held on Monday, March 5, 2006 at 6:30 pm. The next Council/Manager meeting will be held on March 14, 2006 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on March 16, 2006 at 11:30 am. A City Council meeting will be held on March 21, 2006 at 6:30 pm. A Joint Water Task Force will be held on March 22, 2006 at 4 pm. Run the Valley will be held on April 8, 2006 at 8:30 am at Davis Community Center. Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 9:30 pm. Linda R. Loomis, Mayor ATTEST: �_... J y Nall Administraf a Assistant