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08-05-09 CC Minutes Regular Meeting of the City Council August 5,2009 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 August 5, 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, Ad m i n istrative Assistant. Presentation of First Envision Award - Dwiaht Townes - 2008 Hiahwav 55 Lilac Plantina Mayor Loomis introduced the agenda item. Blair Tremere, Envision Connection Board of Directors member, reviewed the nomination of how Dwight Townes conceived, planned, and coordinated the Highway 55 Lilac Planting Project, beginning in 2006 and culminating with the first phase in October, 2008. MOVED by Pentel, seconded by Freiberg and motion carried to award the first Envision Award to Dwight Townes for conceiving, planning and coordinating the 2008 Highway 55 Lilac Planting Project. Mayor Loomis presented the first Envision Award to Dwight Townes. Dwight Townes thanked the Council, Staff and other volunteers who participated in the Lilac Planting Project. Hennepin County Attornev Mike Freeman Hennepin County Attorney Mike Freeman made a presentation to the Council regarding Community Prosecution Work, including truancy; mortgage fraud and foreclosures; crime within the city; and their work with kids in the community. The Council thanked Attorney Freemen for his presentation. Approval of Aaenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of August 5, 2009 as submitted. Regular Meeting of the City Council August 5,2009 Page 2 Approval of Consent Aaenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of August 5,2009 as submitted. Mayor Loomis voted no on the following item: Asphalt Overlay - Quotes, Authorization to Sign Agreement with Metropolitan Council for Park and Ride Rehabilitation, and MnDOT for 1-394 Frontage Road Rehabilitation. *Approval of Minutes - City Council Meeting - Julv 7.2009 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of July 7, 2009 as submitted. *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Intearity Construction LLC MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Integrity Construction LLC. *Solicitor's License - Working America MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Working America. *Gamblina License Exemption and Waiver of Notice Reauirement - Sons of the American Leaion Post 523 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post #523. Regular Meeting of the City Council August 5, 2009 Page 3 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - June 23, 2009 Environmental Commission - May 18, 2009 Open Space and Recreation Commission - June 22, 2009 Bassett Creek Watershed Management Commission - June 18, 2009 * Asphalt Overlav - Quotes, Authorization to Sian Aareement with Metropolitan Council for Park and Ride Rehabilitation, and MnDOT for 1-394 Frontaae Road Rehabilitation MOVED by Pentel, seconded by Shaffer and motion carried to award the bid for asphalt overlay to the lowest responsible bidder, Midwest Asphalt Corp. for $355,519.16. The quotes are as follows: Midwest Asphalt Corp. Hardrives, Inc. Asphalt Surface Technologies, Inc. Northwest Asphalt, Inc. Bituminous Roadways GMH Asphalt Corp. C. S. McCrossan, Inc. $355,519.16 359,834.71 372,131.60 373,400.62 377,886.35 378,179.80 385,459.00 Mayor Loomis voted no. MOVED by Pentel, seconded by Shaffer and motion carried to authorize the City Manager to sign a Joint Powers Agreement with the Metropolitan Council for rehabilitating the existing Park and Ride facilities just east of General Mills Boulevard on the south frontage road of 1-394. Mayor Loomis voted no. MOVED by Pentel, seconded by Shaffer and motion carried to authorize the City Manager to sign Work Order 2 under the existing Master Partnership Contract 94976 with MnDOT for the rehabilitation of the south frontage road of 1-394 from France Avenue to the first intersection east. Mayor Loomis voted no. Regular Meeting of the City Council August 5,2009 Page 4 *Miscellaneous Buildina Maintenance - Bids MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize miscellaneous building maintenance projects to the lowest responsible bidder, Flag Builders of Minnesota, Inc. for $74,398.11. The bids are as follows: Flag Builders of Minnesota, Inc Stock Roofing Company Restoration Systems, Inc. $74,398.11 $77,976.00 $102,923.00 *Approval of Reauests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Authorizina Issuance, Awardina Sale, Prescribina Form and Details and Providina for Payment of $5,465,000 General Obliaation Improvement Refundina Bonds, Series 20090 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-43 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,465,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009D 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 One Year Extension - Conditional Use Permit 08-123 - 601 Boone Avenue North - TruStone Financial, Applicant MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension until September 2, 2010 for the construction to begin on the TruStone Financial building at 601 Boone Avenue North. Regular Meeting of the City Council August 5,2009 Page 5 *Authorization to Sian Aareement with Hopkins School District for Fiber Optic Connection Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-44 RESOLUTION AUTHORIIZNG APPROVAL OF AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HOPKINS SCHOOL DISTRICT NO. 270 FOR FIBER OPTIC CONNECTIONS 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. Continued Public Hearina - Ordinance #421 - Conditional Use Permit 09-67- Amendment #1 - 9405 Medicine lake Road - Georae Kabalan, Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 421, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit No. 09-67, Amendment No. 1 9405 Medicine Lake Road George Kabalan, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered question from the Council. Allen Barnard answered questions from the Council. The applicant was not present at the meeting. 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 Pentel, seconded by Scanlon and motion carried unanimously to continue the public hearing for consideration of Ordinance #421, Conditional Use Permit 09-67, Amendment #1, 9405 Medicine Lake Road to August 18, 2009. Staff was requested to contact the applicant about attending the meeting. Regular Meeting of the City Council August 5,2009 Page 6 Announcements of Meetinas A Concert in the Park featuring Gypsy Mania Quartet will be held on August 10, 2009 at 7 pm at Brookview Park. Some Council Members may attend the Douglas Drive Corridor Meeting on August 11, 2009 at 7:30 am. The next Council/Manager meeting will be held on August 11 at 6:30 pm. Some Council Members may attend the Luce Line Ribbon Cutting on August 13, 2009 at 4 pm at Schaper Park. Some Council Members may attend the Douglas Drive Corridor Open House on August 13, 2009 at 5:30 pm. A Concert in the Park featuring Celebration Brass will be held on August 17, 2009 at 7 pm at Brookview Park. The next City Council meeting will be held on August 18, 2009 at 6:30 pm. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7: 18 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant