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11-09-11 CM Minutes Council/Manager Meeting Minutes November 9, 2011 Present: Mayor Loomis and Council Members, Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Assistant City Manager Chantell Knauss, City Attorney Allen Barnard, Police Chief Stacy Carlson, Finance Director Sue Virnig, Director of Parks and Recreation Rick Jacobson, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Director of Planning and Development Mark Grimes, Also present was Metropolitan Council Member James Brimeyer, Environmental Commission Chair Rich Baker, Human Rights Commissioners Anne Dykstra, Marion Helland and Tim Hepren and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. Metropolitan Council Member James Brimeyer Metropolitan Council Member James Brimeyer was in attendance to provide an update on issues currently being examined by the Metropolitan Council. He introduced himself and explained that he represents DistrFCt 6 which includes Golden Valley. He discussed his background and talked about several issues he is working on including the Bottineau Corridor, Inflow and Infiltration, Livable Communities grants, transifinray development, Bus Rapid Transit (BRT) and work that has started on developing a regional framework for 2040. He discussed some of his future goals including the Metropolitan Council playing a greater role in economic development and trying to find permanent, stable funds for transit. The Council asked about the role of counties outside the seven-county metro area and the Metropolitan Council looking at the region as a whole. They also asked about potential plans to help make Inflow and Infiltration requirements easier for cities to enforce and the potential for high-speed internet in the area. Proposed Ordinance Amendment— Section 6.35, Waste Hauler Contract and Licensing Requirements Environmental Commission Chair Rich Baker noted that the Commission has been working since January 2010 studying ways to improve the City's waste hauling practices. He discussed the Commission's recommendation that haulers meet the following requirements: provide separate containers for yard waste, use at least 50% post- consumer recycled material for all recycling containers, pick up yard waste between May 1 and November 1, offer valet service for senior and physically disabled residents and offer a discounted rate for neighborhoods that self-organize. Jeannine Clancy recommended that the dates of service for yard waste be extended. The Council discussed the idea of neighborhoods self-organizing. City Attorney Allen Barnard said there is some concern over requiring haulers to offer discounted rates to neighborhoods who self-organize because it could be viewed as an interFerence to fair market trade and competition. After discussion, the Council consensus was to bring the proposed ordinance changes to one of the regular December City Council meetings. Council/Manager Meeting Minutes November 9, 2011 — Page 2 Human Rights Commission Request to Form a Task Force Mayor Loomis referred to the Human Rights Commission's request to form a task force to work to identify and adopt best practices that prevent the use of unnecessary force by police officers. Human Rights Commissioner Anne Dykstra stated that their request to form a task force is an issue of safety and fairness for the residents based on the recent police incident on I-394. She said she feels the Human Rights Commission's by-laws allow them to advise the Council on human rights practices and form ad-hoc committees as needed. She said the Commission wanted to bring this issue up, not to criticize police, but because they feel more civic involvement and transparency are needed regarding human rights decisions. The Council discussed at length their concerns about how the Commission's request does not fit within the purview of their by-laws, why the issue was not listed on the meeting's agenda when it was discussed and why it was discussed with no senior staff present. They also expressed concern about the potential liability involved when the Human Rights Commission talks about issues that are part of an on-going investigation. Dykstra stated that the Commission understands there are issues that are hard to discuss and that their goal is to broaden the transparency and to ask for permission to work on these difficult police force issues. Police Chief Carlson explained that the Minnesota Board of Peace Officer Standards (POST) has mandated policies, training and audits that the City adheres to. She noted that the most recent audit done by the POST Board showed the City to be in complete compliance with its use of force policy. She added that she has never been asked by the Human Rights Commission for an explanation on police practices or how police officers are trained and the issues addressed in the Commission's proposed motion would be in violation of police officer's rights. She explained that the Civil Service Commission spent approximately two months reviewing their by-laws with the City Attorney to make sure the Department is in compliance with state statutes so she is not clear about what practices are considered to be out of the realm of"best practices." She referred to the issue of the Police Department being more transparent and explained that most of the Police Department's work is on video or audio tape that are open the to the public, there are citizen academies for people to learn why police do things the way they do, an annual report is published, they have a "police in the parks" program, are active in neighborhood watch groups and will share any information they are legally allowed to with anyone who asks. She added that she regularly receives correspondence thanking the police for their service and she is extremely proud of the City's Police Department. Dykstra said she wants this to be a positive exercise and a start to the dialogue. She added that the Commission is not trying to say that the Police Department does not do a good job. They just want to elicit opinions and participation from members of the community so the system of oversight is put into practice. After discussion the Council expressed their concerns about the appropriateness of the motion written by the Commission. The consensus of the Council was not to support the Commission's request to form a task force because the motion submitted by the Council/Manager Meeting Minutes November 9, 2011 — Page 3 Commission was divisive, not factual and does not fit the role of the Human Rights Commission which is to bring the community together and assist and advise the Council. They also suggested the Commissioners attend the Citizen's Academy. Council Member Pentel apologized if her comments were perceived as casting dispersions on the former Director of Public Safety. She said her intent was to note that two of the items mentioned in the Human Rights Commission's motion occurred prior to the current Police Chief's employment. Harold Avenue and Rhode Island Avenue Reconstruction City Engineer Jeff Oliver reviewed a map of the area. He explained that Harold Avenue is a State Aid roadway therefore certain design criteria apply. The minimum width for a State Aid street is 26 feet, however to maintain passable roads in the winter and accommodate snow storage, Golden Valley has set a design standard of 28 feet of width on State Aid Streets. He discussed the proposed parking restrictions on Harold Avenue and explained the plan to bring the sidewalks up to ADA standards and to relocate utilities while minimizing the impact to existing trees. He reviewed the work being done regarding water quality improvements to Sweeney Lake including a potential pond. Oliver explained that the public hearing for this project will be heard at a Special City Council meeting on December 13 and will be combined with the 2012 Pavement Management Program. 2012 Pavement Management Program (Turners Crossroad) and MCES Forcemain City Engineer Jeff Oliver noted that in June the Council approved modifying the feasibility report to include a portion of Turners Crossroad in the Pavement Management Program. He referred to a map and reviewed the MCES reliever project and explained that it will cross under I-394, west of the Highway 100 interchange and come up�at Circle Down. The City will construct the portion of the forcemain within Circle Down as part of the 2012 Pavement Management Project. He added that the earliest construction will start on the portions of the forcemain not being built by the City is September 2012. Director of Public Works Jeannine Clancy noted that this is a local street so there will be assessments of $5,750 for affected home owners. The Council asked about the location of air relief valves. Oliver referred to the map and pointed out the proposed locations for air relief valves and the proposed lift station. He also discussed the easements that MCES needs on the Duke property. 2012-2013 General Fund Budget and 2012 Tax Levy Finance Director Sue Virnig was in attendance to answer Council's questions. She stated that the levy will be $16,409,450. The Council had no questions of Virnig since this item has been discussed at several previous Council/Manager meetings. Virnig stated that this item will be considered at the December 6 regular City Council meeting. 2012-2016 Capital Improvement Program Finance Director Sue Virnig stated that the 2012-1016 Capital Improvement Program was reviewed by the Planning Commission at their October 24 meeting. Council/Manager Meeting Minutes November 9, 2011 — Page 4 The Council discussed the proposed replacement of the carpeting in city buildings and suggested not waiting until the carpet becomes a tripping hazard before it is replaced. They also discussed the proposed study of Brookview Community Center in 2014. City Manager Tom Burt stated that there will be a workshop regarding the proposed study of Brookview in January in order to establish goals and to discuss possible finance options. Virnig stated that the Capital Improvement Program will be considered at the December 6 City Council meeting. 2012 Master Fee Schedule Finance Director Sue Virnig presented the draft master fee schedule for Council review prior to considering it at a Council Meeting. She noted that the fee for electrical permits has been added to the Fee Schedule. The Council discussed the tobacco license fees. The consensus was to keep the license fees the same as last year. The Council discussed the possibility of increasing the fee for variances to $150. The consensus was to raise the variance application fee from $125 to $150. Virnig referred to the Park and Recreation fees and noted that cancellation fees have been added to the fee schedule. Virnig stated that first consideration for the proposed Fee Schedule will be considered at the November 15 City Council meeting with second consideration on December 6. The meeting adjourned at 9:15 pm. Lisa Wittman Administrative Assistant