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04-21-09 CC Minutes Regular Meeting of the City Council April 21, 2009 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 21, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Certificate of Appointment Mayor Loomis presented a Certificate of Appointment, mug and city pin to: Emily Piper, Open Space and Recreation Commission. Approval of Aaenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of April 21, 2009 as amended: amendment to Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art and Music Festival, change time to 12:30 to 8:30 pm; and addition of Request for Funding for Douglas Drive from the 2009 Federal Transportation Bill, and Board/Commission Appointments. Approval of Consent Aaenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of April 21, 2009 as amended: removal of Acceptance of Donation of Memorial Bench - General Mills Nature Area from Family of Gary Prazak; and addition of Request for Funding for Douglas Drive from the 2009 Federal Transportation Bill. *Approval of Minutes - City Council Meetina - April?, 2009 and Council/Manaaer Meetina - April 14, 2009 MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of April 7, 2009 and Council/Manager Meeting minutes of April 14, 2009 as submitted. *Bills and Claims MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. Regular Meeting of the City Council April 21, 2009 Page 2 *Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days Art & Music Festival MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the fireworks display permit for Americana Fireworks Display Company for Golden Valley Days Art & Music Festival on Friday, May 15, 2009 or on the rain date of Saturday, May 16, 2009. *Temporarv Nonintoxicating Malt liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art and Music Festival MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art & Music Festival on Saturday, May 16, 2009 from 12:30 to 8:30 pm at the City campus. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - December 11, 2008 Joint Water Commission - February 20, 2009 *Quotes - Miscellaneous Concrete Repair MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to award the bid for miscellaneous concrete repair to the lowest responsible bidder, Ron Kassa Construction, Inc. for $61,385. The bids are as follows: Concrete Idea, Inc. Ron Kassa Construction, Inc. $117,925 61,385 *Bids - Street Construction and Maintenance Materials MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders. Aggregate Industries, Inc. added provisions to their bid for winter sand, crushed rock for stabilization and 3/8" minus trail aggregate that were not stipulated in the bid documents. Therefore, their bids for those products were rejected. The bids are as follows: Regular Meeting of the City Council April 21, 2009 Page 3 *Bids - Street Construction and Maintenance Materials - Continued Materials Class 7 Aggregate Base Winter Sand Crushed Rock for Stabilization Type 41A Wearing Course Mix Type 41A Wearing Course Mix Ball Diamond Mix 3/8" Minus Trail Aggregate Contractor Aggregate Industries, Inc. SA-AG, Inc. Bryan Rock Products, Inc. Bituminous Roadways, Inc. C.S. McCrossan Construction, Inc. Bryan Rock Products, Inc. Bryan Rock Products, Inc. Bidl Ton $8.14 $7.93 $24.16 $53.86 $54.20 $22.26 $21.20 The bid tabulation is attached to the minutes as Exhibit A. *Quotes - Standby Generator/Portable Liaht Tower Estimated Contract $3,256 $15,860 $4,832 $40,395 $40,650 $4,452 $3,180 MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to purchase a portable generatorllight tower from the lowest responsible bidder, Zeigler Cat for $23,408.70, including tax. The quotes are as follows: Zeigler Cat General Tractor $23,408.70 24,522.69 *Reiect Sealcoatina - Bids MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to reject all bids received for the 2009 Sealcoat Project 09-09. *Letter from Representative Sandra Peterson Reaardina Group Homes MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and file the letter from Representative Sandra Peterson, dated March 27, 2009, regarding group homes. *Receipt of March 2009 General Fund Budaet Report MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and file the March 2009 General Fund Budget Report. Acceptance of Donation of Memorial Bench - General Mills Nature Area from Familv of Gary Prazak Council Member Pentelacknowledged the mentorship Gary Prazak provided during her years on her Planning Commission and how much he contributed to the City. Regular Meeting of the City Council April 21 ,2009 Page 4 Acceptance of Donation of Memorial Bench oo/General Mills Nature Area from Family of Gary Prazak - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-23 RESOLUTION ACCEPTING DONATION FROM THE FAMILY OF GARY PRAZAK FOR GENERAL MILLS NATURE AREA MEMORIAL BENCH 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, Loomis, Pentel, Scanlon 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. * Approval of 2010 Budaet Calendar MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and file the 2010 Budget Calendar. *Authorization to Sian Amended FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Aareement MOVED by Scanlon, seconded by Shaffer and motion carried unanimously authorize the Mayor and City Manager to sign the amended FY09 Recovery Act Edward Byrne memorial Justice Assistance Grant Agreement. *Reauest for Fundina for Doualas Drive from the 2009 Federal Transportation Bill MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to direct staff to seek funding opportunities for Douglas Drive through the 2009 Federal Transportation Bill, and prepare a letter of support from the Mayor, formally endorsing the City's request for federal funding. Authorizina Issuance, Awardina Sale, Prescribina Form and Detail and Providina Payment of: $7,305,000 General Obliaation Improvement Bonds, Series 2009A; J750,000 General Obliaation Eauipment Certificates of Indebtedness, Series 2009B !lli!j4,880,000 General Obliaations Improvement Refundina Bonds, Series 2009 C Dave McGillivray, Springsted Inc., reviewed the bids and answered questions from the Council. He stated the bid for the Refunding Bonds amount changed from $5,080,000 to $4,880,000. Regular Meeting of the City Council April 21, 2009 Page 5 Authorizing Issuance, Awarding Sale, Prescribing Form and Detail and Providing Payment of: $1,305,000 General Obligation Improvement Bonds, Series 2009A; J750,000 General Obligation EQuipment Certificates of Indebtedness, Series 2009B !ill!j4,880,000 General Obligations Improvement Refunding Bonds, Series 2009 C - Continued Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-24 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $7,305,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2009A The motion for the adoption of the foregoing resolution was seconded by Member Freiberg, and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon 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 Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-25 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $750,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009B The motion for the adoption of the foregoing resolution was seconded by Member Freiberg, and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon 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 Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-26 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,880,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009C The motion for the adoption of the foregoing resolution was seconded by Member Freiberg, and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon 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 April 21 ,2009 Page 6 First Consideration - Ordinance #417 Amendina Section 10.85. Broadenina the Type of Nuisance Activity Leadina to Repeat Nuisance Call Service Fees The following ordinance was MOVED by Freiberg, seconded by Pentel: ORDINANCE NO. 417, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on First Consideration, Ordinance #417, 2nd Series, as amended: Subd 3(A) change end of sentence to read, consisting of the following; and Subd 3A(4) end of sentence change and to or. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetinas Some Council Members may attend the Golden Valley Women's Club Spring Fundraiser on April 25, 2009 at the Sheraton West. The Hennepin County Open Book Meeting will be held on April 28, 2009 from 4 to 6:30 pm. Some Council Members may attend the Rotary Gala on May 1, 2009 at 5456 pm at the Golden Valley Country Club. The next City Council meeting will be held on May 5, 2009 at 6:30 pm. The Bike Rodeo will be held on May 6, 2009 from 6 to 8 pm at the New Hope City Hall. The Brookview Golf Course 40th Anniversary Week will be held from May 11 to May 15, 2009 with various activities. Some Council Members may attend the Douglas Drive Corridor Study Committee Meeting on May 12, 2009 at 7:30 am at City Hall. The next Council/Manager meeting will be held on May 14, 2009 at 6:30 pm. A Golden Valley Historical Society Meeting on May 14, 2009 at 7 pm at the Golden Valley Historical Society. Regular Meeting of the City Council April 21, 2009 Page 7 Announcements of MeetinQs - Continued The Golden Valley Days Art & Music Festival will be held on May 15-17, 2009. Some Council Members may attend the Optimist Gala on May 21,2009 at 6:30 pm at the Golden Valley Country Club. Mavor and Council Communications No action and/or discussion took place. Board/Commission ADDointments Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to make the following appointments: Environmental Commission: Lynn Gitelis 1 year term term expires - 5/1/11 Human Services Foundation: Brenda McGhie 1 year term term expires - 5/1/11 Adiournment The Mayor adjourned the meeting at 6:58 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant