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10-18-05 CC Minutes Regular Meeting of the City Council October 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 October 18, 2005 at 6:30 p.m. The following members were present: Grayson, Freiberg, Loomis, Pentel and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Hopkins School District Referendum Presentation Hopkins School Board Members Sue Scharenbroich and Yvonne Selcer were present to review the referendum and answer questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried to direct staff to prepare a resolution supporting the Hopkins School District referendum for consideration at the November 1, 2005 City Council meeting. Council Member Shaffer voted no. Approval of Aqenda MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the agenda of October 20, 2005 as amended: Removal from Consent Agenda - Approval of Plat - North Wirth Business Center - PUD #100 and Authorization to Sign PUD Permit - North Wirth Business Center - PUD #100 and Addition of New Business - Set Date for Special Housing and Redevelopment Authority Meeting. Citizen Input Mayor Loomis introduced the agenda item. Nancy Azzam, 2300 Noble Avenue North, stated the Golden Valley League of Women Voters invited the public to attend and participate in the Candidate Forum sponsored by the League, which will be held on Thursday, October 20, 2005 from 7:00 p.m. to 9:00 p.m. in the City Hall Council Chambers. Marti Micks, 90 Louisiana Avenue South, stated she listened to the tape of the Council/Manager meeting of October 11, 2005; stated that her interpretation of City Code Section 2.71 (H) is that it prohibits the accepting of dinners or drinks personally by a Council Member; she feels that board/commission members can accept campaign donations because the funds are collected by campaign committees and not individuals. The Mayor continued the meeting. Regular Meeting of the City Council October 18, 2005 Page 2 Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of October 20, 2005 as submitted: Removal of Bids - Medley Park Improvements; Letter from Eyleen Burnside Regarding Resignation from Human Services Foundation; Letter from Nancy Meyer and Matthew Foli Regarding Sidewalks in 2006 Pavement Management Project; Authorization to Sign Flood Damage Reduction Grant Agreement with Minnesota Department of Natural Resources for Acquisition of Home in Flood Plain - 2655 Scott Avenue North; Authorization to Sign Minnesota Department of Health Delegation Agreement; Waiver of Public Hearing and Certification of Special Assessments - City Driveways - 05-1 - 2005 Pavement Management Program (Areas 1 and 2) and 03-1 - Brookview Area (Phase IV and V); Adoption of In-Street Pedestrian Crossing Sign Policy; and Removal of Items until the November 1, 2005 City Council Meeting - Approval of Plat - North Wirth Business Center- PUD #100 and Authorization to Sign PUD Permit - North Wirth Business Center - PUD #100. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: Citv Council Meetinq - September 20 and October 6, 2005 and Council/Manaqer Meetinq - October 11, 2005 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of September 20, and October 6, 2005 and the Council/Manager meeting minutes of October 11, 2005 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg 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: Regular Meeting of the City Council October 18, 2005 Page 3 *Minutes of Boards and Commissions - Continued Envision Connection Project Executive Board - August 25, 2005 Bassett Creek Water Management Commission - September 15, 2005 Human Rights Commission - September 8, 2005 Human Services Foundation - September 12, 2005 Open Space and Recreation Commission - June 27 and August 22, 2005 Joint Water Commission - September 7, 2005 Joint City Council and Planning Commission I-394 Corridor Study - September 26, 2005 Bids - Medlev Park Improvements Council Member Grayson requested staff to update the Council on the plan for the area. Jeannine Clancy answered questions from the Council. MOVED by Grayson, seconded by Shaffer and motion carried unanimously to award the bid for the Medley Park improvements to the lowest responsible bidder, Sunram Construction, Inc. for $176,075.75. The bids are as follows: Sunram Construction, Inc. $176,075.75 Jay Bros. Inc. 212,624.00 Park Construction Company 227,215.35 Veit & Company, Inc. 250,787.50 Letter from Eyleen Burnside Reqardinq Resiqnation from Human Services Foundation Council Member Shaffer stated there are a number of vacancies on various boards and commissions and asked about the status of filling the vacancies. Mayor Loomis stated that an article was put in the SunPost requesting residents to apply for the vacancies and stated the Council will set up interviews before the end of the year. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to receive and file the letter from Eyleen Burnside, dated October 5, 2005, regarding resignation from the Human Services Foundation and request the Mayor send her a letter of appreciation in recognition of her service to the community. Letter from Nancv Mever and Matthew Foli Reqardinq Sidewalks in 2006 Pavement Manaqement Proiect Council Member Freiberg wanted to know what the next step is regarding the letter and if the letter would be referred to the Sidewalk Committee. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council October 18, 2005 Page 4 Letter from Nancv Meyer and Matthew Foli Reqardinq Sidewalks in 2006 Pavement Manaqement Project - Continued MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and file the letter from Nancy Meyer and Matthew Foli, dated September 11, 2005 requesting sidewalks in the 2006 Pavement Management Program and forward the request to the Sidewalk Committee for consideration. Authorization to Siqn Flood Damaqe Reduction Grant Aqreement with Minnesota Department of Natural Resources or Acquisition of Home in Flood Plain - 2655 Scott Avenue North Council Member Grayson reviewed the history of the area and asked staff for an update. Jeannine Clancy answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 05-56 RESOLUTION AUTHORIZING FLOOD HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES (2655 SCOTT AVENUE NORTH) 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, Grayson, Loomis, Pentel 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. Authorization to Siqn Minnesota Department of Health Deleqation Aqreement Council Member Grayson wanted to know the pros and cons of signing the agreement. Thomas Burt and Bob Hernz, Director of Public Safety, answered questions from the Council. MOVED by Grayson, seconded by Pentel and motion carried to authorize the City Manager to sign the Minnesota Department of Health Delegation Agreement transferring responsibility from Golden Valley to Hennepin County for regulatory programs including food, beverage, and lodging establishments. Council Member Freiberg abstained. Approval of Plat - North Wirth Business Center - PUD #100 Thomas Burt stated this item will be considered at the November 1, 2005 City Council meeting because the closing with the developer was postponed. The Council did not consider Resolution 05-57 - Resolution for Approval of Plat - North Wirth Business Center P.U.D. 100. Regular Meeting of the City Council October 18, 2005 Page 5 Authorization to Siqn PUD Permit - North Wirth Business Center - PUD #100 Thomas Burt stated this item will be considered at the November 1, 2005 City Council meeting because the closing with the developer was postponed. Waiver of Public Hearinq and Certification of Special Assessments - Citv Drivewavs - 05-1 - 2005 Pavement Manaqement Proqram (Areas 1 and 2) and 03-1 - Brookview Area (Phase IV and V) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Charles Ekelund, 3114 Noble Avenue North; asked that the item be removed from the consent agenda; stated he is being assessed for a driveway that is not complete; an insurance investigator was out a few weeks ago but he has not heard back from them; wanted to know if he has to pay the assessment when the driveway is not done; asked what happens if driveway is not done to homeowners standards; and asked if he doesn't pay until everything is settled would he have to pay it through the taxes and pay interest. John Carlson, 3225 Kyle Avenue North, stated when it rains his garage floods; stated an insurance investigator was out and he has not heard back from her; wanted to know what the next step is; stated he has talked to staff and the contractor; feels there is a lack of communication from the investigator; expressed concern over what will happen in the spring if it is not fixed; and stated other neighbors have had problems with their driveways also. Robyn Peterson, 3341 Kyle Avenue North, stated that when the driveway was done someone drove over and left tracks on the new driveway; wanted to know how to pay off the assessment if it goes on her taxes; and stated she doesn't think an insurance investigator has come to her house. The Mayor closed the public hearing. Jeannine Clancy, Thomas Burt, Allen Barnard and Don Taylor, Finance Director, answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-58 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2005 CITY STREET IMPROVEMENTS Regular Meeting of the City Council October 18, 2005 Page 6 Waiver of Public Hearinq and Certification of Special Assessments - Citv Drivewavs - 05-1 - 2005 Pavement Manaqement Proqram (Areas 1 and 2) and 03-1 - Brookview Area (Phase IV and V) - Continued The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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 05-59 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2003/2004 CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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. Adoption of In-Street Pedestrian Crossinq Siqn Policv Council Member Freiberg asked about the timing of the engineering study provided in the policy and asked if the study could be provided within a week. Jeannine Clancy and Thomas Burt answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 05-60 RESOLUTION ADOPTING CITY'S IN-STREET PEDESTRIAN CROSSING SIGN POLICY 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, Grayson, Loomis, Pentel 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 18, 2005 Page 7 Public Hearinq - Special Assessments Jeannine Clancy reviewed the 2005 Pavement Management Program 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 Grayson introduced the following resolution and moved its adoption: RESOLUTION 05-61 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2005 PAVEMENT MANAGEMENT AREA 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, Grayson, Loomis, Pentel 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. Don Taylor, Finance Director, reviewed the delinquent utility billing assessment 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 05-62 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITY BILLING 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, Grayson, Loomis, Pentel 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. Don Taylor, Finance Director, reviewed the miscellaneous charges assessment and answered questions from the Council. Jeannine Clancy, Bob Hernz, Director of Public Safety and Allen Barnard answered questions from the Council. Regular Meeting of the City Council October 18, 2005 Page 8 Public Hearinq - Special Assessments - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Loren Zemple, 2230 Douglas Drive, questioned why it costs so much to mow his lawn when it doesn't take that long to mow it; stated he tried to mow the lawn but he was on crutches and couldn't finish it; stated he had some problems with some people who were causing problems at his house and that is why he called the police; stated he is on a fixed income and asked the Council to reduce the amount of his assessment; stated he is having a hard time paying the assessment because he had a diseased tree cut down and he has to pay for the removal costs. The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-63 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 Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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 prepare a resource list to provide to residents on fixed incomes who may need financial assistance. Authorization to Siqn the Subrecipient Aqreement, the Housinq Services Aqreement and the Third Partv Aqreement with Hennepin Countv, the West Hennepin Affordable Housinq Land Trust and Golden Vallev Housinq and Redevelopment Authoritv to Provide Affordable Housinq Thomas Burt introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the execution of the Subrecipient Agreement, the Housing Services Agreement and the Third Party Agreement with Hennepin County, the West Hennepin Affordable Housing Land Trust (doing business as Homes Within Reach) and the Golden Valley Housing and Redevelopment Authority to provide for affordable housing in Golden Valley. Regular Meeting of the City Council October 18, 2005 Page 9 Adoption of I-394 Corridor Planninq Studv Principles Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to adopt the Principles for the I-394 Corridor Study. Set Date for Canvassinq Board Meetinq Mayor Loomis introduced the agenda item. MOVED by Grayson, seconded by Shaffer and motion carried unanimously to set the Canvassing Board Meeting for November 9, 2005 at 6:30 p.m. Set Date for Special Housinq and Redevelopment Authoritv Meetinq Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Grayson and motion carried unanimously to set the Special Housing and Redevelopment Authority meeting for November 1, 2005 at 6:00 p.m. Announcements of Meetinqs A Bassett Creek Water Management Commission meeting will be held on October 20, 2005 at 11:30 a.m. A League of Women Voters Candidate Forum will be held on October 20, 2005 at 7:00 p.m. A Special Housing and Redevelopment Authority meeting will be held on November 1, 2005 at 6:00 p.m. The next City Council meeting will be held on November 1, 2005 at 6:30 p.m. Election Day is November 8, 2005. The Canvassing Board will be held on November 9, 2005 at 6:30 p.m. The next Council/Manager meeting will be held on November 9, 2005 immediately after the Canvassing Board meeting. A City Council meeting will be held on November 15, 2005 at 6:30 p.m. Regular Meeting of the City Council October 18, 2005 Page 10 Announcements of Meetinqs - Continued A Joint City Council and Open Space and Recreation Commission meeting will be held on November 21, 2005 at 6:30 p.m. at the Brookview Community Center. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 9:08 p.m. ��l/�7Z(�'� /� - ,�C�Z�7�YL'.,U4� Linda R. Loomis, Mayor ATTEST: Ju ally, ministrative ssistant