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05-18-10 CC Minutes Regular Meeting of the City Council May 18, 2010 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 May 18, 2010 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 18, 2010 as amended: amendments to Proclamation for Memorial Day Parade - May 31 . Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of May 18, 2010 as amended: Removal of Proclamation for Memorial Day Parade - May 31 . *Approval of Minutes - City Council Meeting - May 4. 2010 and Council/Manager Meeting - May 11. 2010 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of May 4,2010 and Council/Manager Meeting of May 11, 2010 as submitted. *Approval of Check Register MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Fireworks Permit - Pyrotechnic Display. Inc. for Golden Valley Fire Relief Association Street Dance MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 19, 2010. Regular Meeting of the City Council May 18, 2010 Page 2 *Solicitor's License - The Fund for the Public Interest MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for The Fund for the Public Interest. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - April 7, 2010 Human Services Foundation - March 8, 2010 Open Space and Recreation Commission - March 1, 2010 *Quotes - Miscellaneous Concrete Repair MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the bid for the miscellaneous concrete repair to the lowest responsible bidder, Ron Kassa Construction, Inc., in the amount of $66,855. The bids are as follows: Ron Kassa Construction, Inc. Create Construction, LLC Concrete Idea, Inc. $66,855 $67,621 $103,050 *Quotes - F250 Truck MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase one Ford F250 pickup truck from Midway Ford through the State of Minnesota Light Truck Contract for $24,608.49. *Quotes - F550 Medium-Duty Trucks and Equipment MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase the following equipment through the Minnesota Materials Management Division: four Ford F550 cab and chassis trucks from Midway Ford for $158,351.84; and three hook lifts from ABM Equipment for $74,385.00, including tax. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase one trash compactor from the lowest responsible bidder, ABM Equipment for $52,219.13, including tax. The quotes were as follows: ABM Equipment EJ Equipment $52,219.13 $52,860.38 Regular Meeting of the City Council May 18, 2010 Page 3 *Quotes - F550 Medium-Duty Trucks and Equipment - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase two truck boxes from the lowest responsible bidder, Alloy Welding & Manufacturing for $11,970, including tax. The quotes were as follows: ABM Equipment Alloy Welding & Manufacturing $12,226.50 $11,970.00 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to two flat beds from the lowest responsible bidder, Alloy Welding & Manufacturing for $5,985, including tax. The quotes are as follows: ABM Equipment Alloy Welding & Manufacturing $9,907.31 $5,985.00 *Letter from Golden Valley Historical Society Regarding Matching Funds MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the letter from the Golden Valley Historical Society, dated April 30, 2010, regarding matching funds. *Petition Against Curb, Gutter and Sidewalks on Colonial Drive - 2011 Pavement Management Program MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file petition from Arnold Lenard, against curb, gutter, and sidewalks on Colonial Drive. *Authorization to Sign Agreement with Environmental Process, Inc. for 2010 Building Maintenance Projects MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager sign the agreement with Environmental Process, Inc. for design, preparation of multiple bid packages and construction observation services for Fire Station #2 emergency generator, exterior maintenance/repairs at Public Safety, Park/Street Maintenance, Vehicle Maintenance and Community Center; and Golf Maintenance radiant heat replacement for an amount not to exceed $45,000. *Receipt of April 2010 General Fund Budget Report MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the April 2010 General Fund Budget Report. Regular Meeting of the City Council May 18, 2010 Page 4 *Authorization to Extend Fire Relief Association Street Dance Hours MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 19, 2010 at Chester Bird American Legion, 200 North Lilac Drive. Proclamation for Memorial Day Parade - May 31 Council Member Freiberg requested the Mayor read the proclamation. Mayor Loomis read the proclamation. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adopt the proclamation for Memorial Day Parade. *Board/Commission Appointments and Reappointments MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to make the following reappointments: Open Space and Recreation Commission: Brad Kadue 3 year term term expires - 5/1/13 Environmental Commission: Karen Utt 3 year term term expires - 5/1/13 MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to make the following reappointments: Human Services Foundation: Diane Nimmer 3 year term term expires - 5/1/13 Human Rights Commission: Anne Dykstra 3 year term Bob Hoyt 3 year term term expires - 5/1/13 term expires - 5/1/13 *Call for Public Hearing - Platted Drainage and Utility Easement Vacation - 125 Edgewood Avenue North - 6/15/10 10-28 Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 10-28 RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 15,2010 TO CONSIDER VACATION OF PLATTED DRAINAGE AND UTILITY EASEMENTS AT 125 EDGEWOOD AVENUE NORTH Regular Meeting of the City Council May 18, 2010 Page 5 *Call for Public HearinQ - Platted DrainaQe and Utility Easement Vacation - 125 EdQewood Avenue North - 6/15/10 - Continued 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. Public HearinQ - Issuance of Revenue Bonds - Local Government Information Systems (LOGIS) 10-29 Sue Virnig, Finance Director, introduced the agenda item. Julie Eddington, Kennedy & Graven, representing LOGIS reviewed the bond sale. 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-29 RESOLUTION APPROVING REVENUE BONDS TO BE ISSUED BY LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION (LOGIS) 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. Public HearinQ - Ordinance #439 - Conditional Use Permit 128 - 5530 Golden Valley Road - Katie Doyle, Peaceful Valley Montessori Academy, Applicant The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 439, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 128 5530 Golden Valley Road Katie Doyle, Peaceful Valley Montessori Academy, Applicant Katie Doyle and Summer Picha, Applicants, introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council May 18, 2010 Page 6 Public Hearing - Ordinance #439 - Conditional Use Permit 128 - 5530 Golden Valley Road - Katie Doyle. Peaceful Valley Montessori Academy. Applicant- Continued John Kluchka, Planning Commissioner, presented the Commission report. Joe Hogeboom, City Planner, reviewed the Conditional Use Permit and answered questions from the Council. Thomas Burt 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 Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #439, 2nd Series, as amended: removal of condition 4. The hours of normal operation shall be Monday through Friday from 6:30 am to 6:30 pm with limited monthly evening and weekend operations of 1 evening and 1 weekend per month. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Authorizing Issuance. Awarding Sale. Prescribing Form and Details and Providing Payment of: $3.845.000 General Obligation Improvement Bonds. Series 2010A 10-30. !.!:!!'U685.000 General Obligation Equipment Certificates of Indebtedness. Series 2010B 10-31 Sue Virnig, Finance Director, introduced the agenda item. Dave McGillivray, Springsted Inc., reviewed the bids and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-30 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,845,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A 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 May 18, 2010 Page 7 Authorizing Issuance, Awarding Sale, Prescribing Form and Details and Providing Payment of: $3,845,000 General Obligation Improvement Bonds, Series 2010A 10-30, ~685,000 General Obligation EQuipment Certificates of Indebtedness, Series 2010B 10-31 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 10-31 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $685,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010B The motion for the adoption of the foregoing resolution was seconded by Member Scanlon 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. On-Sale Wine, Strong Beer and Sunday Sale liQuor License - Nong's Thai Cuisine LLC Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the issuance of an On-Sale Wine and Strong Beer and Sunday Sale liquor license to Nong's Thai Cuisine LLC, located at 2520 Hillsboro Avenue North in the Sunny Hollow Shopping Center. Ordinance #440 - Interim Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway International Park The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 440, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park in the Douglas Drive Corridor, Golden Valley, Minnesota Mark Grimes, Director of Planning and Development; 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. Regular Meeting of the City Council May 18, 2010 Page 8 Ordinance #440 - Interim Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway International Park Tony Kuechle, Hempel Properties, representing 6200 Douglas Drive, they bought the site with the intention of doing a commercial development; owned the property though downturn in the market and anticipate submitting a plan for the site in the next 6 months; they don't want to wait for another year because of the financial burden, opposed to the moratorium; opposed to the proposed use of the site; stated they bought the property for commercial development and paid commercial prices for it; feel the proposed use devalues the property by 50%; expressed concern about access and road changes; stated they have the only environmentally clean site and it now being forced to bundle this site with contaminated sites which makes development virtually impossible. The Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #440, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - NO PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetings A Bassett Creek Watershed Management Commission meeting will be held on May 20, 2010 at 11:30 am. The Golden Valley Days Art & Music Festival will be held on May 21-23,2010. The VFW Car Show will be held on May 23, 2010 from 10 am to 5 pm at the VFW. The City Offices are closed on Monday, May 31, 2010 in observance of Memorial Day. The next City Council Meeting will be held on June 1, 2010 at 6:30 pm. The Fire and Police Open House is June 16,2010 from 6 to 8 pm at all Police/Fire buildings. A Memorial Day Parade will be held on May 31, 2010 beginning from Seeman Park at 10:15 am. The Fire Department Street Dance is June 19, 2010 at the American Legion. Regular Meeting of the City Council May 18, 2010 Page 9 Reset Council/Manager Meeting Date Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to reset the Council/Manager meeting from August 10 to Wednesday, August 11, 2010. Mayor and Council Communications Mayor Loomis updated the Council on the status of the Theodore Wirth Citizen Advisory Committee. Mayor Loomis stated that she and staff met with the Minneapolis Park Board President to discuss common interests. Adjournment The Mayor adjourned the meeting at 7:30 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant