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04-01-03 CC MinutesRegular Meeting of the City Council April 1, 2003 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 April 1, 2003 at 6:30 p.m. The following members were present: Grayson, Johnson, Loomis, and Tremere; and the following was absent: LeSuer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Administrative Assistant. Approval of Agenda Barnard, City Attorney; and Judy Nally, MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the agenda of April 1, 2003 as amended: Addition of New Business - Run the Valley and Yard Setbacks Requirements. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. *Approval of Minutes: City Council Meeting - March 4, 2003 and Council/Manager Meeting - March 11, 2003 MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the City Council Meeting minutes of March 4, 2003 and the Council/Manager Meeting minutes of March 11, 2003 as submitted. Approval of Consent Agenda MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Peddler's License - Gregory Merritt; Minutes of Boards and Commissions - Planning Commission - March 10, 2003; Bids - Pavement Management Program - Brookview Neighborhood and Authorization to Sign Amended Contract with Short Elliott Hendrickson Inc. for Construction Services; and Receipt of Final 2002 General Fund Budget Report and Fund Balance Analysis. Mayor Loomis read the items listed on the consent agenda. *Approval of Check Register MOVED by Grayson, seconded by Johnson and motion carried unanimously to authorize the payment of the bills as submitted. Regular Meeting of the City Council April 1, 2003 Page 2 *General Business Licenses MOVED by Grayson, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Peddler's License - Gregory Merritt Council Member Grayson stated that Mr. Merritt was in his neighborhood this weekend before his license was approved and that he got a complaint from his neighbor that he was rude and didn't leave the property when he was asked. Thomas Burt reviewed the license procedure and answered questions from the Council. MOVED by Grayson, seconded by Johnson and motion carried unanimously to approve the peddler's license for Gregory Merritt, subject to staff notifying Mr. Merritt that he is not allowed to go into any neighborhood prior to receiving a license from the City. MOVED by Johnson, seconded by Grayson and motion carried unanimously to discuss the peddler's and solicitor's license process issue at a Council/Manager meeting. *Minutes of Boards and Commissions MOVED by Grayson, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Civil Service Commission - March 4, 2003 Open Space and Recreation Commission - February 24, 2003 Board of Zoning Appeals - February 25, 2003 Environmental Commission - February 25, 2003 Planning Commission - March 10, 2003 Minutes of Boards and Commissions - Planning Commission - March 10, 2003 Mayor Loomis stated there was misinformation in the minutes under the Reports on Meetings of the HRA, City C ouncil, B oard o f Z oning A ppeals a nd o ther M eetings. T he minutes should be changed to reflect that the decision to sign the purchase agreement with Henenpin County to buy the Sheriff's property has not been made; and the Council has not had a meeting with a developer for assisted living facility at the White House Site. MOVED by Tremere, seconded by Johnson and motion carried unanimously to direct staff to inform the Planning Commission that there is a correction in what was reported to them at their March 10, 2003 meeting. MOVED by Loomis, seconded by Grayson and motion carried unanimously to receive and file the Planning Commission minutes for March 10, 2003. Regular Meeting of the City Council April 1, 2003 Page 3 Bids - Pavement Management Program - Brookview Neighborhood and Authorization to Sign Amended Contract with Short Elliott Hendrickson Inc. for Construction Services Council Member Tremere had questions about the inspection services to be provided. Jeannine Clancy answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to award the bid for the pavement management program for the Brookview neighborhood to the lowest responsible bidder, Palda & Sons, Inc. for $12,985,822.09. The bids are as follows: Palda & Sons, Inc $12,985,822.09 Hardrives, Inc. 13,042,107.99 Thomas & Sons Construction, Inc. 13,042,557.97 C.S. McCrossan Construction, Inc. 15,490,617.21 MOVED by Johnson, seconded by Grayson and motion carried unanimously to authorize the Mayor and Manager to sign the amended contract with Short Elliott Hendrickson Inc. for pavement management program professional engineering services for the Brookview neighborhood for $469,000. Bids - Brush Pick-up The Council stated that they have gotten very positive comments about the brush pick-up program. MOVED by Tremere, seconded by Johnson and motion carried unanimously to award the bid for brush pick-up to the only bidder, Tim's Tree Service in the amount of $59,740. Receipt of Final 2002 General Fund Budget Report and Fund Balance Analysis Mayor Loomis asked for an explanation about the costs for legal services. D on Taylor answered questions from the Council. MOVED by Tremere, seconded by Johnson and motion carried unanimously to receive and file the final 2002 general fund budget report and fund balance analysis. Regular Meeting of the City Council April 1, 2003 Page 4 *Approval of Plat - PUD #96 - Central Bank Addition Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 03-14 RESOLUTION FOR APPROVAL OF PLAT - CENTRAL BANK ADDITION P.U.D. NO. 96 The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Johnson, LeSuer, Loomis and Tremere; 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 Sign PUD Permit - PUD #96 - Central Bank Addition MOVED by Grayson, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for Central Bank Addition, PUD No. 96. Public Hearing - Preliminary Plat Approval - Ahlbergs Addition Jeannine Clancy introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Kevin McAleese, Planning Commission presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Linda Ahlberg, Applicant, reviewed the plan and answered questions from the Council. The Mayor closed the public hearing. MOVED by Johnson, seconded by Grayson and motion carried unanimously to approve the preliminary plat for Ahlbergs Addition. Upon a roll call vote, the vote was as follows: GRAYSON - YES JOHNSON - YES LESUER - ABSENT LOOMIS - YES TREMERE - YES Regular Meeting of the City Council April 1, 2003 Page 5 Authorization to Sign Agreement with Bassett Creek Water Management Commission for Floodproofing Project Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Johnson, seconded by Tremere and motion carried unanimously to authorize the Mayor and City Manager sign the Agreement for Floodproofing of Homes with the Bassett Creek Water Management Commission. Golden Valley Road Trail, Wirth Parkway to Xerxes Avenue North Jeannine Clancy introduced the agenda item 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. Steve Erickson, 1812 York Avenue North, stated even when he was a child the street was dangerous; feels it is an improvement than what was there before; the first time they did the project it was not very well done; they had drainage problems and the neighbors complained; what is there is acceptable but not the best option and not very pretty; stated it is better for kids and people in wheelchairs; stated people park on the trail; feels it looks like a bike trail not a sidewalk; stated as an entryway into the City it is not very good; feels it looks better the closer you get to Wirth Parkway; feels option 1 should be investigated. Wayne DeTuncq, 1830 Glenwood Parkway, he reviewed the history of the area; likes the pavement improvement project that was completed by Hennepin County; feels that white curbs and smooth black road would maintain the quality of the neighborhood; would like to include concrete curb on the north side of Golden Valley Road between Xerxes and Wirth Parkway; suggested Hennepin County replace blacktop curbs near Wirth Parkway with concrete curbs that they use with other parkways; feels there should be an overall road plan from Golden Valley Road to Duluth Street; suggested option 1, feels it should not be called a trail as it is a residential sidewalk; feels they should ask the persons who live on the roadway what they think; feels they should also pay for it; and feels improved lighting would be good. Jim Ryan, 3121 Golden Valley Road, opposed to improvement; when bituminous was put in thought it looked crummy; feels that after living with it for a year it is a big improvement than what was there before; his driveway is very flat and is concerned about drainage into his lot, stated the people who were parked on the trail were mostly neighbors and they are gone now; feels most people would not park on the sidewalk; feels the bituminous doesn't detract that much but concrete would look better, stated it was inconvenient when they were working on the street because they had to park far away. Regular Meeting of the City Council April 1, 2003 Page 6 Golden Valley Road Trail, Wirth Parkway to Xerxes Avenue North - Continued John Fitze, 1828 York Avenue North; stated he is a bike rider so he appreciates that the trail is not on the road; feels the trail is better than before when there was nothing; asked how it was decided to put a trail instead of a sidewalk; stated he was not notified of any construction; he only found out what was happening when equipment showed up and they started digging in the front yard; asked who is responsible where the bus turn -around; stated it is a mess and asked if the city can do something to improve the area; stated there are no trail markings or signage; feels it doesn't seem like a viable trail it goes nowhere; when the roadway was constructed they did it in the middle of the night and kept people up until midnight; stated he has never seen a local project done so late at night unless it was a freeway or highway; feels that may account for the quality of the work. Dan Anderson, 3023 Golden Valley Road, feels the trail is an improvement over nothing; concerned about the appearance; stated they have improved the corner in Minneapolis and it looks worse when you come into Golden Valley; feels the bus corner needs improvement; asked how the improvement would effect his property; asked if there would be an assessment, how much would it be and how would it be funded; stated the people cut through the bus area to avoid the stop signs. Nathan Buck, 3029 Golden Valley Road, feels when you come down from Minneapolis it looks like bomb site; asked if the City owns the bus area; the bus area has a lot of weeds, the kids play their music very loud; stated the trail is in front of his house and it is dangerous to back out of his driveway; stated when the trail was put in they completed it about 3:00 a.m.; asked if is possible to paint the bituminous curbing white and put sidewalk next to it; stated he doesn't have a drainage problem where he lives; suggested considering installing a sidewalk starting past Xepher Place and continue it to Xerxes Avenue North; stated the trail in front of his house varies from 84" to 8'11"; stated he originally had a concrete driveway and they replaced it with asphalt; stated the neighbors got a new concrete driveway and they got asphalt; asked if they could a concrete driveway; feels the lighting in the area is bad; stated his cars got broken into two times and feels better lighting will help; suggested installing a 3 way stop sign at Zephyr Place and Golden Valley Road. The Mayor closed the public hearing. MOVED by Johnson, seconded by Tremere and motion carried unanimously to approve Option 2, which includes installation of new concrete curb and gutter, but also includes the removal of the existing bituminous trail and replacement with a concrete sidewalk from Golden Valley Road, from Wirth Parkway to Xerxes Avenue North until it meets with the existing curb. Staff will work with the property owners and neighborhood to determine their needs. Regular Meeting of the City Council April 1, 2003 Page 7 Presentation of Certificate of Appointment Mayor Loomis presented a Certificate of Appointment, mug, city pen, pencil and pin to John Giese, Environmental Commission. Authorizing Issuance and Sale of: $11,085,000 General Obligation Improvement Bonds, Series 2003C and $615,000 General Obligation Equipment Certificates, Series 2003D Don Taylor, Finance Director introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 03-15 RESOLUTION RELATING TO $11,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003C; AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF 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: Grayson, Johnson, Loomis and Tremere; and the following was absent: LeSuer; 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 Johnson introduced the following resolution and moved its adoption: RESOLUTION 03-16 RESOLUTION RELATING TO $615,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2003D; AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF 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: Grayson, Johnson, Loomis and Tremere; and the following was absent: LeSuer; 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. Support Legislation to Provide Improved Funding Options for City Street Improvements Jeannine Clancy introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. Regular Meeting of the City Council April 1, 2003 Page 8 Support Legislation to Provide Improved Funding Options for City Street Improvements - Continued Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 03-17 RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR 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: Grayson, Johnson and Tremere; and the following was absent: LeSuer; and the following voted against the same: Loomis, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Board/Commission Appointments and Reappointments Mayor Loomis will prepare a memo for the Council and this item will be discussed after the April 8, 2003 Council/Manager meeting. Announcement of Meetings The next Housing and Redevelopment Authority meeting will be held on April 8, 2003 at 7:00 p.m. The next Council/Manager meeting will be held on April 8, 2003 at 7:30 p.m. The next City Council meeting will be held on April 15, 2003 at 6:30 p.m. Run the Valley will be held on April 12, 2003 beginning at 8:30 a.m. at Brookview Park. The next Bassett Creek Water Management Commission will be held on April 17, 2003 at noon. The Board of Review will be held on April 22, 2003 at 7:00 p.m. The planning meeting for Envision Golden Valley will be held on April 24, 2003 at 7:00 p.m. The Joint Water Commission Governance Task Force Workshop will be held on May 1, 2003 at 7:00 p.m. in the Crystal City Hall. The next City Council meeting will be held on May 6, 2003 at 6:30 p.m. Regular Meeting of the City Council April 1, 2003 Page 9 Mayor and Council Communications Mayor Loomis stated there is a bill before the legislature to extend the tax increment district for the Golden Hills area by one year and she is attending a Senate Tax Committee meeting on April 2, 2003. Mayor Loomis updated the Council on the planning meeting for the Envison Golden Valley event which will be scheduled next year. Run the Valley Council Member Johnson reviewed the arrangements for the Run the Valley 5K and 10K walk and run, which is scheduled for April 12, 2003 beginning at 8:30 a.m. at Brookview Park. She encouraged residents and non-residents to register for the event. Yard Setbacks Council Member Tremere wanted to know the status of the Planning Commission's review of the City Code pertaining to yard setbacks. Adjournment The Mayor adjourned the meeting at 9:25 p.m. trcaRTComis, /i tl�l�t��Mayor ATTEST: 4udy Nal , Administr a Assistant