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01-18-05 CC MinutesRegular Meeting of the City Council January 18, 2005 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 January 18, 2005 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Grayson. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Police Department Medal of Merit to Officer Dean Kettner Director of Public Safety Robert Hernz introduced the agenda item. Roger Johnson, Deputy Police Chief, reviewed the circumstances surrounding the action which led Officer Kettner to receive the Medal of Merit. Director Hernz and Deputy Chief Johnson presented the Police Department Medal of Merit to Officer Dean Ketttner. The Council expressed their appreciation to Officer Kettner. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 18, 2005 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of January 18, 2005 as amended: Removal of Approval of Check Register; Authorization to Sign Agreement with Minneapolis Park and Recreation Board for Wirth Lake Treatment Basin Repair, and Authorization to Sign Agreement with Waste Management for Extension of Recycling Services. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - January 4, 2005 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes for January 4, 2005 as submitted. Regular Meeting of the City Council January 18, 2005 Page 2 Bills and Claims Council Member Shaffer had questions regarding the payment to Breck School for the Metropolitan Council grant reimbursement. Sue Virnig, Assistant Finance Director, answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of Golden Valley MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Rotary Club of Golden Valley. *Gambling License Exemption and Waiver of Notice Requirement - Minnesota/Dakotas Chapter Crohn's & Colitis Foundation of America MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Minnesota/Dakotas Chapter Crohn's & Colitis Foundation of America. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - October 11, 2004 Bassett Creek Water Management Commission - December 16, 2004 Authorization to Sign Agreement with Minneapolis Park and Recreation Board for Wirth Lake Treatment Basin Repair Council Member Pentel wanted to get a short overview of the project. Jeannine Clancy and Thomas Burt answered questions from the Council. Regular Meeting of the City Council January 18, 2005 Page 3 Authorization to Sian Agreement with Minneapolis Park and Recreation Board for Wirth Lake Treatment Basin Repair - Continued MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the City Manager to sign the Letter of Agreement with the Minneapolis Park and Recreation Board for the repair of the Wirth Lake Treatment Basin and direct staff to periodically review the project and be involved in the plans for the project. Authorization to Sign Agreement with Waste Management for Extension of Recycling Services Council Member Pentel highlighted some of the recycling services and programs and encouraged residents to participate in them. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the extension of the contract for curbside recycling services through December 31, 2008 with Waste Management - Savage, Minnesota. Public Hearing - 01-05 - 2005 Pavement Management Program - Permitting Parking on Portion of Florida Avenue South between Laurel Avenue and the North Frontage Road of 1-394 (Wayzata Boulevard) and Restricting Parking on Portion of Noble Avenue North between Culver Avenue North and 341th Avenue North Jeannine Clancy presented the project and answered questions from the Council. Jeff Oliver, City Engineer, presented the design elements of each 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. John Richter, 1915 Kyle Place, wants to make sure that part of the project includes plans to keep garbage out of the lake so the lake quality improves and suggested moving the Kyle Place side to the other side of the street because it is difficult to see the sign. Dwayne King, 4025 Wasatch Lane, had questions about plans for the storm drainage, and stated he has had problems with past rainstorms with water damage; wanted to know if past problems are going to be taken into consideration for current plans; asked about changes in the grade in front of his house; stated he is in favor of the project and installation of curbs. Richard Peet, 3245 Noble Avenue North, reviewed the history of his property and the road; expressed concerns about removing four feet of grade eighteen feet from his foundation; stated the foundation is different ages; requested engineering to make it a specific item in the bid for consideration to be given that the vibration, compaction and construction be monitored so as not to harm the house and wants to protect the property. Regular Meeting of the City Council January 18, 2005 Page 4 Public Hearing - 01-05 - 2005 Pavement Management Program - Permitting Parking on Portion of Florida Avenue South between Laurel Avenue and the North Frontage Road of 1-394_(Wayzata Boulevard) and Restricting Parking on Portion of Noble Avenue North between Culver Avenue North and 34th Avenue North - Continued Ben Colglazier, 3134 Kyle Avenue North, stated he has a bridge driveway and expressed concern about work being done in front of his house; wants Engineering to let him know what is being planned for his property. Claudia Mendez, 3101 Major Avenue North, opposed to the project; one of the reasons she moved to the city was because of the large trees, wide streets and big yards; feels the project will be disrupting; concerned over the loss of trees; feels the replacement trees will be small and will take a long time to grow; when other streets were reconstructed, the replacement grass is noticeably different than the rest of the property; stated that during the open houses, the neighborhood did not get to talk in a group to discuss the project; and feels that some people may want the project to continue because they want to have their driveways replaced. Elizabeth Kisling, 3301 Major Avenue North, thanked the Engineering staff for meeting with the residents about neighborhood issues; expressed concern about safety of children around the park; pleased with the results of plans for the area and appreciated the thoroughness of the information provided. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-2 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 05-1 2005 PAVEMENT MANAGEMENT PROGRAM 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 and Shaffer; and the following was absent: Grayson; 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 January 18, 2005 Page 5 Public Hearing - 01-05 - 2005 Pavement Management Program - Permitting Parkinq on Portion of Florida Avenue South between Laurel Avenue and the North Frontage Road of 1-394 (Wayzata Boulevard) and Restricting Parking on Portion of Noble Avenue North between Culver Avenue North and 341th Avenue North - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 05-3 RESOLUTION PERMITTING PARKING ON PORTION OF FLORIDA AVENUE SOUTH BETWEEN LAUREL AVENUE AND THE NORTH FRONTAGE ROAD OF 1-394 (WAYZATA BOULEVARD) 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 and Shaffer; and the following was absent: Grayson; 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 Council requested staff review the parking on Florida Avenue South in one year. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-4 RESOLUTION RESTRICTING PARKING ON PORTION OF NOBLE AVENUE NORTH BETWEEN CULVER AVENUE NORTH AND 34TH 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 and Shaffer; and the following was absent: Grayson; 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 Consideration - Ordinance #319 - Amend Chapter 4 Title to "Buildings and Signs" and Addition of Section 4.60, Multiple -Dwelling Property Maintenance Code The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 319, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 4 by Adopting a New Title "Buildings and Signs" and Addition of New Section 4.60, Multiple -Dwelling Property Maintenance Code Adam Fulton, Planning Intern, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Regular Meeting of the City Council January 18, 2005 Page 6 First Consideration - Ordinance #319 - Amend Chapter 4 Title to "Buildings and Sians" and Addition of Section 4.60, Multiple -Dwelling Property Maintenance Code MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #319, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - ABSENT LOOMIS - YES PENTEL - YES SHAFFER - YES First Consideration - Ordinance #320 - Amendments to 2005 Master Fee Schedule for Residential, Commercial and Industrial Utility Rates The following ordinance was MOVED by Freiberg, seconded by Pentel: ORDINANCE NO. 320, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the 2005 Master Fee Schedule for Residential, Commercial and Industrial Utility Rates Sue Virnig, Assistant Finance Director, introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve on First Consideration, Ordinance #320, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - ABSENT LOOMIS - YES PENTEL - YES SHAFFER - YES Authorizing Issuance, Awarding Sale, Prescribing the Form and Detail and Providing for Payment of: $1,470,000 General Obligation Tax Increment Refunding Bonds, Series 2005A and $4,590,000 Taxable General Obligation Tax Increment Refundina Bonds, Series 2005B Dave MacGillivray, Springsted Inc., introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-5 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAIL AND PROVIDING FOR THE PAYMENT OF $1,470,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2005A Regular Meeting of the City Council January 18, 2005 Page 7 Authorizing Issuance, Awarding Sale, Prescribing the Form and Detail and Providing for Payment of: $1,470,000 General Obligation Tax Increment Refunding Bonds, Series 2005A and $4,590,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2005B - Continued 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 and Shaffer; and the following was absent: Grayson; 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 05-6 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAIL AND PROVIDING FOR THE PAYMENT OF $4,590,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2005B 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 and Shaffer; and the following was absent: Grayson; 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. Call for Public Hearing - Recorded Sanitary Sewer Easement Vacation - PUD #97 - Sunrise Addition of Golden Valley - 2/15/05 Jeannine Clancy introduced the agenda item. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 05-7 RESOLUTION ESTABLISHING A PUBLIC HEARING ON FEBRUARY 15, 2005 TO CONSIDER VACATION OF A RECORDED SANITARY SEWER EASEMENT FOR SUNRISE OF GOLDEN VALLEY P.U.D. NO. 97 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 and Shaffer; -and the following was absent: Grayson; 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 January 18, 2005 Page 8 Council Appointment - Civil Service Commission Mayor Loomis introduced the agenda item. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to appoint Marshall Tanick to the Civil Service Commission for a term to expire January 1, 2008. Council Assignments: Leaaue of Minnesota Cities; Association of Metropolitan Municipalities and Council Commission Subcommittees; Council Representatives Mayor Loomis introduced the agenda item. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to make the following appointments: Legislative Liaison and Spokesperson League of Minnesota Cities Association of Metropolitan Municipalities (2 Council Members) Planning Commission Human Rights Commission Open Space and Recreation Commission Environmental Commission Board of Zoning Appeals Robbinsdale School District 281 Hopkins School District 270 (1 Council Member) Human Services Foundation Civil Service Commission Building Board of Review Northwest Suburbs Cable Communications Commission Northwest Hennepin Human Services Council Executive Board Golden Valley Historical Society Board Member Loomis Freiberg, Delegate Pentel, Alternate Grayson, Delegate Shaffer, Alternate Shaffer, Loomis Grayson, Shaffer Pentel, Grayson Freiberg, Pentel Shaffer, Loomis Grayson, Loomis Freiberg, Loomis Freiberg Pentel Freiberg Shaffer Pentel Pentel Regular Meeting of the City Council January 18, 2005 Page 9 Announcements of Meetings The next Bassett Creek Water Management Commission will be held on January 20, 2005 at noon. The Metropolitan Council will be holding a Water Resources meeting on January 20, 2005 at 8:30 a.m. at the Brookview Community Center. A tour of the Perpich Center for Arts Education will be held on January 21, 2005 at 1:00 p.m. A Legislative Breakfast will be held on January 22, 2005 at 9:00 a.m. at the Crystal City Hall. Some members of the Council may participate in the Habitat for Humanity project on January 22, 2005. A Joint Meeting of the City Council and boards and commissions will be held on January 25, 2005 at 7:00 p.m. at the Brookview Community Center. The next City Council meeting will be held on February 1, 2005 at 6:30 p.m. The next Council/Manager meeting will be held February 8, 2005 at 6:30 p.m. A City Council meeting will be held on February 15, 2005 at 6:30 p.m. The next Bassett Creek Water Management Commission will be held on February 17, 2005 at noon. A City Council meeting will be held on March 1, 2005 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council January 18, 2005 Page 10 Adiournment The Mayor adjourned the meeting at 8:45 p.m. ATTEST: 4,kt�,I#L JV Nally AAdministrativ# Assistant