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11-04-98 CC MinutesRegular Meeting of the City Council November 4, 1998 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 November 4, 1998 at 6:30 p.m. The following members were present: Anderson were absent: Johnson, LeSuer. Also present Jeannine Clancy, Director of Public Works; Allen Administrative Secretary. Citizen Input , Bakken, and Micks; and the following were: William Joynes, City Manager; Barnard, City Attorney; and Judy Nally, Mayor Anderson introduced the agenda item. Hearing and seeing no one the Mayor continued the meeting. Approval of Minutes: Council/Manager Meeting - October 13, 1998 MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the Council/Manager Meeting minutes of October 13, 1998 as submitted. *Letter from Sharon Mattison Regarding Resignation from Human Services Foundation MOVED by Bakken, seconded by Micks and motion carried unanimously to receive and file the letter from Sharon Mattison, dated September 2, 1998, and request the Mayor send her a letter in recognition of her service to the community. Approval of Agenda MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the agenda of November 3, 1998 as submitted. Approval of Consent Agenda MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Manager's Item - Thermal Imaging Camera - Quote. The Mayor read the items listed on the consent agenda. *Approval of Check Register MOVED by Bakken, seconded by Micks and motion carried unanimously to authorize the payment of the bills as submitted. Regular Meeting of the City Council November 4, 1998 Page 2 *General Business and Heating Licenses MOVED by Bakken, seconded by Micks and motion carried unanimously to authorize the issuance of license #7091. *Minutes of Boards and Commissions MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the minutes received as follows: Human Services Foundation -October 12, 1998 Human Rights Commission - September 10, 1998 Families Sharing the Dream Subcommittee - September 17, 1998 Open Space and Recreation Commission - September 28, 1998 Board of Zoning Appeals - September 22, 1998 Joint Water Commission - October 15, 1998 Continued Public Hearing - Drainage and Utility Easement Vacation - 2945 Regent Avenue North Jeannine Clancy reviewed the easement vacation 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 Micks introduced the following resolution and moved its adoption: RESOLUTION 98-87 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT 2945 REGENT AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, and Micks; and the following was absent: Johnson, and 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. Regular Meeting of the City Council November 4, 1998 Page 3 Public Hearing - First Consideration - Ordinance #191 - Adopting the Amended State Building Code The following ordinance was MOVED by Bakken, seconded by Micks: ORDINANCE NO. 191, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE AMENDMENT TO THE CITY CODE ADOPTING THE AMENDED STATE BUILDING CODE Mark Kuhnly, Chief of Fire and Inspections, reviewed the ordinance 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. MOVED by Bakken, seconded by Micks and motion carried unanimously to approve Ordinance #191, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - ABSENT LESUER - ABSENT MICKS - YES *Continued Participation in Livable Communities Act for 1999 Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-88 RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999 The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, and Micks; and the following was absent: Johnson and 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. Regular Meeting of the City Council November 4, 1998 Page 4 *Call for Feasibility Study - RSL 222A - Oregon Avenue North, Plymouth Avenue to Olympia Street Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-89 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 222A OREGON AVENUE NORTH, PLYMOUTH AVENUE TO OLYMPIA STREET The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, and Micks; and the following was absent: Johnson and 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. *Call for Public Hearing - RSL 222A - Oregon Avenue North, Plymouth Avenue to Olympia Street -12/1/98 Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-90 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 222A OREGON AVENUE NORTH, PLYMOUTH AVENUE TO OLYMPIA STREET The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, and Micks; and the following was absent: Johnson and 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. *Approving Settlement and Authorizing Payment - MPRS Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-91 RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF Regular Meeting of the City Council November 4, 1998 Page 5 *Approving Settlement and Authorizing Payment - MPRS -Continued The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, and Micks; and the following was absent: Johnson and 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. Acquisition of Property Needed for Xenia Avenue Extension William Joynes introduced the agenda item and answered questions from the Council. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-92 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET RIGHT-OF-WAY AND CONSTRUCTION EASEMENTS FOR THE IMPROVEMENT OF XENIA AVENUE BETWEEN LAUREL AVENUE AND TURNER'S CROSSROADS The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, and Bakken; and the following were absent: Johnson and LeSuer; and the following voted against the same: Micks, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. MOVED by Bakken, seconded by Anderson and motion carried to authorize the Mayor and City Manager to sign the purchase agreements for 5720 Laurel Avenue. Council Member Micks voted no. MOVED by Bakken, seconded by Anderson and motion carried to authorize the Mayor and City Manager to sign the purchase agreements for 5740 Laurel Avenue. Council Member Micks voted no. Establishing an Advisory Committee for the Xenia Avenue Proiect Mayor Anderson and William Joynes reviewed the committee charge, committee makeup, committee timeframe, and outlined the consultant's responsibilities and opportunities for review by the public of the process. Regular Meeting of the City Council November 4, 1998 Page 6 Establishing an Advisory Committee for the Xenia Avenue Proiect - Continued Member Micks introduced the following resolution and moved its adoption: RESOLUTION 98-93 RESOLUTION ESTABLISHING AN ADVISORY COMMITTEE FOR XENIA AVENUE EXTENSION The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; 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. MOVED by Micks, seconded by Bakken and motion carried unanimously to amend the foregoing resolution and add an Open Space and Recreation Commission member to the committee. The Council discussed possible members to be appointed to the committee and it was suggested that the Council continue discussion of the appointments to the committee until November 5, 1998 to allow more time to contact potential members to see if they would be interested in serving and bring their list to the meeting tomorrow. MOVED by Bakken, seconded by Anderson and motion carried to delay action on the appointment of members to the Xenia Avenue Advisory Committee until November 5, 1998 at 5:30 p.m. Council Member Micks voted no. Allen Barnard reviewed the open meeting law and answered questions from the Council. Authorization to Sign Contract with Short Elliott Hendrickson (SEH) for Engineering Services for Xenia Avenue Project Jeannine Clancy introduced the agenda item. MOVED by Bakken, seconded by Anderson and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with Short Elliott Hendrickson Inc. for engineering services for the Xenia Avenue Project for an amount not to exceed $282,500. Regular Meeting of the City Council November 4, 1998 Page 7 Quotes - Thermal Imaginq Camera Mark Kuhnly, Chief of Fire and Inspections, stated that the American Legion Post has donated the funds to purchase the thermal imaging camera. MOVED by Micks, seconded by Bakken and motion carried unanimously to purchase a thermal imaging camera for the Fire Department from the only bidder, Eddy Bros. Company for $22,000.00. The Council expressed its appreciation to the American Legion Post and requested staff to write a thank you letter for their donation. Announcements of Meetings There will be a Continued City Council Meeting from the November 4, 1998 meeting to November 5, 1998 at 5:30 p.m. The Council and staff will hold a work session on the budget on November 5, 1998 at approximately 5:45 p.m. The next Council/Manager meeting will be held on November 10, 1998 at 5:30 p.m. The next Housing and Redevelopment Authority meeting will be held on November 10, 1998 at 7:00 p.m. The Council and staff will hold a budget work session on November 17, 1998 at 5:00 p.m. The next City Council Meeting will be held on November 17, 1998 at 6:30 p.m. The League of Minnesota Cities Policy Adoption Meting will be held on November 20, 1998. If any of the Council Members plan on attending they are requested to contact staff to register. Council Member Micks will attend the Minnehaha Creek Watershed Meeting on November 6, 1998. The Celebrating Partnerships meeting for Hopkins School District and the Cities of Golden Valley, Hopkins, Plymouth and Minnetonka will be held on December 10, 1998 at the Brookview Grill at 6:00 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council November 4, 1998 Page 8 Surface Water Management Plan Advisory Committee Report Dawn Hill, presented the Surface Water Management Plan Advisory Committee Report. Nancy Azzam, Committee Member; requested the Council to pursue the visioning process; David Fellman, Committee Member; suggested the City form a Citizens Advisory Committee; to review environmental issues as they arise; Rob Merilla, Citizens Advisory Committee stated they were pleased to have input from a variety of sources when doing the study and feels that this report could incorporate the daily practices such as curbside recycling. The Mayor introduced the Committee Members and the Council expressed its appreciation to the Committee. The Council discussed the next steps in the process. They also discussed the possibility of having a Citizens Environmental Committee; proposed environmental control ordinance and tree ordinance. Staff was requested to place the following items on the December 8, 1998 Council/Manager agenda for discussion: Citizens Environmental Committee; proposed environmental control ordinance and tree ordinance to set a schedule for time frame and ordinance recommendations. Administrative Hearing - Tobacco Ordinance Violation - Metropole Allen Barnard explained the administrative hearing process, swore in all persons who would be testifying and advised all interested persons of the order of testimony. Dean Mooney, Director of Public Safety, reviewed the ordinance and compliance check process and results of the checks. Stacy Pearson, Patrol Officer, who supervised the staff conducting the compliance check, reviewed the procedure she and her staff used to conduct the compliance checks and Metropole's failure to comply. Mariano Liepke, Bartender, Metropole stated he had left his eyeglasses behind and sold the cigarettes in error and now he keeps a pair of glasses at the bar. The Council discussed the matter. MOVED by Bakken, seconded by Micks and motion carried unanimously to find the Metropole in violation of the of the City's tobacco ordinance. MOVED by Micks, seconded by Bakken and motion carried unanimously to uphold the civil fine of $150.00 for the Metropole. Regular Meeting of the City Council November 4, 1998 Page 9 Request by Metropole for Variance to Sign Ordinance Mark Kuhnly, Chief of Fire and Inspections introduced the agenda item. Mariano Liepke, Metropole, stated that the installation of a small sign, about 4x8, that was located on an area near the Golden Valley Inn which could be seen from the east and west would help people find them even if the sign was only up for a six month or one year time frame. MOVED by Bakken, seconded by Micks and motion carried unanimously to refer the item to the Council/Manager meeting of December 8, 1998 for discussion and decision as far as time frame and future action. *Northwest Cable Commission Meeting Report MOVED by Bakken, seconded by Micks and motion carried unanimously to receive and file the Northwest Cable Commission Meeting Report from Joan Russell, dated October 15, 1998. *Appointment to Human Services Foundation MOVED by Bakken, seconded by Micks and motion carried unanimously to appoint Carolyn Fiterman to the Human Services Foundation for a term to expire April 1, 2000. *Receipt of West Suburban Mediation Center Third Quarter Activity Report MOVED by Bakken, seconded by Micks and motion carried unanimously to receive and file the West Suburban Mediation Center Third Quarter Activity Report dated October 21, 1998. Adiournment The Mayor adjourned the meeting of November 4, 1998 at 8:17 p.m. and continued the Council Meeting to November 5, 1998 at 5:30 p.m. to consider the Xenia Avenue Advisory Committee Appointments. Mary E. An rson, Mayor ATTEST: (DU& --ha& Ju y Nally, I ministrativ ecretary