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.
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Linda R. Loomis, Mayor
ATTEST:
Ju ally, ministrative ssistant