04-20-11 CC Minutes Regular Meeting
of the
City Council
April 20, 2011
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 20, 2011 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.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of April 20, 2011 as submitted.
Approval of Consent Aqenda
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
consent agenda of April 20, 2011 as submitted.
*Approval of Minutes - Citv Council Meetin� - March 1, 2011 and Council/Manager
Meetina - March 8, 2011
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the City Council Meeting minutes of March 1, 2011 and Council/Manager Meeting
minutes of March 8, 2011 as submitted.
*Approval of Check Reqister
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*Solicitor's License - Clean Water Action
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Clean Water Action.
*Solicitor's License -Window Concepts of MN, Inc.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Window Concepts of MN, Inc.
Regular Meeting of the City Council
April 20, 2011
Page 2
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - March 14, 2011
Joint Water Commission - February 2, 2011
*Email from Christopher Jordan Reqardinq Resiqnation from Human Ric�hts
Commission
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the email from Christopher Jordan, dated March 31, 2011, regarding resignation from
the Human Services Foundation; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
*Email from Joel Shinder Reaardinq Street and Storm Sewer Issues on Maior Drive
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the email from Joel Shinder, dated March 31, 2011, regarding street and storm sewer
issues on Major Drive.
�`Asphalt Overlav - Quotes
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to award the
bid for asphalt overlay to the lowest responsible bidder, Midwest Asphalt Corp. for
$375,015.15. The bids are as follows:
Midwest Asphalt Corp. $375,015.15
Valley Paving, Inc. $401,186.03
Northwest Asphalt, Inc. $410,011.54
Rum River Contracting $416,870.60
North Valley, Inc. $429,496.78
GMH Asphalt Corp. $434,781.10
Ace Blacktop, Inc. $442,991.14
Hardrives, Inc. $442,476.98
Astech Asphalt Surface $473,544.75
C.S. McCrossan, Inc. $503,124.75
Bituminous Roadways, Inc. $471,274.20
Regular Meeting of the City Council
April 20, 2011
Page 3
*Sealcoat- Quotes
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to award the
bid for sealcoating to the lowest responsible bidder, Allied Blacktop Company for
$169,650.00. The bids are as follows:
Allied Blacktop Company $169,650.00
Pearson Brothers, Inc. $179,044.50
*Proclamation for National Public Works Week - Mav 15-21
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adopt the
Proclamation for National Public Works Week.
*Authorization to Sian Third Amended and Restated Joint and Cooperative Aareement
for Public Safetv Purchasinq
Member Freiberg introduced the following resolution and moved its adoption:
IRESOLUTION 11-12
RESOLUTION AUTHORIZING ENTERING INTO THIRD AND RESTATED
JOINT AND COOPERATIVE AGREEMENT FOR PUBLIC SAFETY PURCHASING
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.
*Appointments to Northwest Suburbs Cable Communications Commission and
Northwest Communitv TV Board of Directors
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to appoint
Mike Freiberg as the City's representative on the Northwest Suburbs Cable Communications
Commission and Tom Burt as the City's representative on the Northwest Community N
Board of Directors.
Regular Meeting of the City Council
April 20, 2011
Page 4
Continued Public Hearinq - Ordinance #458 - Conditional Use Permit 130 - 7550
Wayzata Boulevard - Neptune Societv, Applicant
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 458, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 130
7550 Wayzata Boulevard
Neptune Society, Applicant
David Zavadil, applicant, reviewed the conditional use permit and answered questions from
the Council.
Les Eck, Planning Commission, presented the Planning Commission report and answered
questions from the Council.
The Mayor and Council acknowledged Les Eck's service on the Planning Commission and
thanked him for his many years of service to the community.
Joe Hogeboom, City Planner, presented the staff report and answered questions from the
Council. Allen Barnard and 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 Pentel, seconded by Freiberg and motion carried unanimously to approve
Ordinance #458, 2nd Series as amended: Condition #9 to read: There shall be no
cremation or embalming on the premises. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS -YES PENTEL -YES SCANLON - YES SHAFFER -YES
Public Hearinq - Prelirninarv Plat Approval - 6210 and 6224 Wavzata Boulevard -
Venture Bank, Applicant
Cory Bergman, MFRA, representing the applicant, reviewed the plat.
Les Eck, Planning Commission, presented the Planning Commission report.
Michael Simmons, Planning Intern, presented the staff report and answered questions from
the Council. Joe Hogeboom, City Planner, answered questions from the Council.
Regular Meeting of the City Council
April 20, 2011
Page 5
Public Hearinq - Preliminarv Plat Approval - 6210 and 6224 Wavzata Boulevard -
Venture Bank. Applicant - Continued
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 the
Preliminary Plat for 6210 and 6224 Wayzata Boulevard lot consolidation subject to the
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. The conditions found in the City Engineer's memo, dated March 21, 2011, will become
part of this approval.
Public Hearing - Special Assessments - 2011 Pavement Management Area
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Jeff Oliver, City Engineer, Allen Barnard and 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.
Brian Anderson, 5160 Colonial Drive, feels he was erroneously lumped into the project
because of his address; stated the gas company said he was getting a new gas lines but he
is not on the street and his gas line is completely separate from anyone else's; stated his
address has changed three times and at one time he had a Glenwood Avenue address;
stated if his house had a Glenwood address he would not have to pay for the street
because it is a County road; stated he still has the same access to Glenwood that it had 30
to 40 years ago; stated he doesn't own a driveway as he has easements to drive on two
properties to get to the street; and stated when he first bought his house he checked to see
if he would have to pay for pavement management and thought that because his house had
no connection to a street he didn't have to pay; wants to contest the special assessment;
stated he has zero feet of curb and gutter; and submitted a written objection contesting the
special assessment.
MOVED by Freiberg to assess the property at 5160 Colonial Drive at half the value
comparable to what some of the corner lots are at $2,875. Motion died for lack of a second.
The Mayor closed the public hearing.
Regular Meeting of the City Council
April 20, 2011
Page 6
Public Hearina - Special Assessments - 2011 Pavement Manaqement Area -
Continued
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-13
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE
2011 PAVEMENT MANAGEMENT AREA
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.
Authorization to Siqn Amended PUD Permit - Menard Inc. - PUD No.75, Amendment
No. 4
Aaron Morrisey, Menards, reviewed the request to amend the PUD permit and answered
questions from the Council.
MOVED by Pentel, seconded by Freiberg and motion carried to authorize the Mayor and
City Manager to sign the amended PUD permit for PUD No. 75, Menard, Inc., Amendment
4. Council Member Shaffer voted no.
Authorizinq Issuance and Sale of: $1,840,000 General Obliaation Improvement Bonds,
Series 2011A, $655,000 General Obliaation Equipment Certificates of Indebtedness,
Series 2011 B and $5,110,000 General Obli�ation Improvement Refundina Bonds,
Series 2011 C
Sue Virnig, Finance Director, introduced the agenda item.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-14
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,840,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2011A
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 20, 2011
Page 7
Authorizinq Issuance and Sale of: $1,840,000 General Obligation Improvement Bonds,
Series 2011A, $655,000 General Obliqation EQUipment Certificates of Indebtedness,
Series 2011 B and $5,110,000 General Obliqation Improvement Refundinq Bonds,
Series 2011C - Continued
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-15
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $655,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2011 B
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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-16
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $5,110,000 GENERAL
OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2011C
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.
Announcements of Meetinas
A Bassett Creek Water Management Commission will be held on April 21, 2011 at 11:30
am.
The Minneapolis Park and Recreation Board Citizen Advisory Committee for will meet at
6:30 pm at the Theodore Wirth Park par 3 course for a walking and/or golf cart tour of
portions of the Theodore Wirth Park.
The Fiennepin Gounty Open �ook Meeting will be held on April 26, 2011 from 4 to 6 pm at
City Fiall.
The Minneapolis Park and Recreation Board Citizen Advisory Committee for Theodore
Wirth Park will meet on April 26, 2011 at Minneapolis Park and Recreation Building to
discuss the beach area and dog park.
Regular Meeting of the City Council
April 20, 2011
Page 8
Announcements of Meetinas - Continued
Some Council Members may attend the Ron Hammer Retirement on April 29, 2011 at 9:30
am at the Park Maintenance Garage.
Some Council Members may attend the Neighbors Helping Neighbors - Spring Cleaning
Blitz on April 30, 2011.
The next City Council meeting will be held on May 3, 2011 at 6:30 pm.
The Bike Rodeo will be held on May 4, 2011 from 6 to 8 pm at the Crystal Community
Center.
The Step To It Challenge starts May 9 to June 6 and encouraged the citizens to participate.
Mavor and Council Communications
No action/and or discussion took place.
Adiournment
The Mayor adjourned the meeting at 7:58 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant