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04-04-07 CC Minutes unsigned Regular Meeting of the City Council April 4, 2007 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 4, 2007 at 8 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Jeanne Andre, Assistant City Manager; Jeannine Clancy, Director of Public Works; David Schelzel, Acting City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of April 4, 2007 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Vic Harvath, 5950 Golden Valley Road, thinks that putting a flag with lighting at the Veterans Memorial is a small contribution of tax dollars to honor the flag and veterans. Dale Bates, 6140 Golden Valley Road, feels that putting up a flag and lighting it would honor the people buried and those who visit the Veterans Memorial Andrea Wiley, 4915 Dona Lane, distributed a copy of a Resolution Supporting the Installation of Appropriate Lighting at the Veterans' Memorial, City of Golden Valley Cemetery, to Properly Illuminate the Flag of the United States of America from the Central Committee of Senate District 45 DFL. John Giese, 5545 Golden Valley Road, stated he supports the previous speakers and requested the flags and lights be completed before Memorial Day. Mayor Loomis stated that this item will be discussed at the April 11, 2007 Council/Manager meeting. The Mayor continued the meeting. Approval of Consent Aqenda MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the agenda of April 4, 2007 as amended: Removal of City Council Meeting Minutes - March 20, 2007; Proclamation for Architecture Week; Receipt of Envision Connection Project Interim Report and Authorizing Submittal of Grant Proposals for 2007 Non-Motorized Transportation Pilot Program - Douglas Drive Corridor and Xenia-Park Place Corridor. Regular Meeting of the City Council April 4, 2007 Page 2 Approval of Consent Aqenda - Continued Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meetinq - March 20, 2007 Council Member Freiberg requested the minutes reflect that Mayor Loomis stated she received an email from the Open Space and Recreation Commission Chair in support of updating the Parks Section of the Comprehensive Plan and that he requested the vote for the Parks Section and Surface Water Management Section be voted on separately, and that it was denied. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the City Council meeting minutes of March 20, 2007 as amended: Under Authorization to Sign Agreements for Comprehensive Plan Updates with SEH for Transportation, Wastewater and Park Sections and also Barr Engineering for Surface Water Management Section, add that a "friendly" amendment to the motion was offered and denied. *Bills and Claims MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - March 15, 2007 Envision Connection Project Board of Directors - February 22, 2007 Bassett Creek Water Management Commission - March 15, 2007 *Emails Reqardinq Cemetery Flaq MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the emails regarding the cemetery flag from John Heubach, dated March 20, 2007; Bob Meredith, dated March 21, 2007; AI Halloran, dated March 23, 2007; and Larry Johnson, dated March 21, 2007. Regular Meeting of the City Council April 4, 2007 Page 3 *Quote - Golf Course Triplex Mower MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the purchase of one new 2007 John Deere Triplex Mower from the lowest responsible bidder, Greenlmage LLC for $25,103.95. The quotes were as follows: Greenlmage LLC $25,103.95 Polfus Implement 26,956.85 *Quote - Brush Pick-Up MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to award the bid for brush pick-up to the only bidder, Tim's Tree Service for $59,160. *Quote - Portable Sewer Flow Meter MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to purchase three flow meters from the lowest responsible bidder, Tech Sales Co. for $26,427.22. The quotes were as follows: Tech Sales Co. $26,427.22 Teledyne Isco 26,981.00 *Bid - 2007 Pavement Manaqement Proqram MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to award the bid for the 2007 pavement management program to the lowest responsible bidder, Northwest Asphalt, Inc. for $4,007,201.90. The bids were as follows: Northwest Asphalt, Inc. $4,007,201.90 Palda & Sons, Inc. 4,437,847.58 Forest Lake Contracting, Inc. 5,127,984.95 C. S. McCrossan Construction, Inc. 5,266,295.30 *Authorization to Siqn Contract with Short Elliott Hendrickson for Pavement Manaqement Program Construction Services MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign a contract with Short Elliott Hendrickson, Inc. for construction, staking, and engineering services for the 2007 Pavement Management Program for an amount not to exceed $139,600. Regular Meeting of the City Council April 4, 2007 Page 4 *Authorization to Siqn Contract with WSB & Associates for Pavement Management Proqram Construction Observation MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign a contract with WSB & Associates, Inc. for construction observation services for the 2007 Pavement Management Program for an amount not to exceed $179,168. *Authorization to Siqn Contract with Xcel Enerqv for Pavement Manaqement Proqram Street Liqht Replacement MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign a contract with Xcel Energy Outdoor Lighting to replace decorative streetlights and appurtenances in the 2007 Pavement Management Program for $102,840. *Council Liaisons and Other Assignments MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to make the following appointments: Council Liaisons Board of Zoning Appeals Shaffer, Pentel Building Board of Review Pentel Civil Service Commission Freiberg Environmental Commission Shaffer, Loomis Human Rights Commission Scanlon, Loomis Human Services Foundation Freiberg, Loomis Open Space and Recreation Commission Freiberg, Shaffer Planning Commission Pentel, Scanlon Other Assignments Northwest Suburbs Cable Communications Commission Shaffer Northwest Hennepin Human Services Council Executive Board Pentel Golden Valley Historical Society Board Member Freiberg Robbinsdale School District 281 Government Advisory Committee Scanlon Hopkins School District 270 Cities Joint Monthly Meetings Loomis Northwest Metro Transit Study Task Force Scanlon Joint Water Planning and Governance Task Force Loomis, Shaffer I-394 Joint Task Force Pentel, Loomis Legislative Liaison and Spokesperson Loomis Association of Metropolitan Municipalities Shaffer, Delegate Loomis, Alternate Regular Meeting of the City Council April 4, 2007 Page 5 Proclamation for Architecture Week Council Member Shaffer introduced the agenda item. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to proclaim April 9-14, 2007 as Architecture Week. Receipt of Envision Connection Proiect Interim Report Council Member Pentel had questions about the Bridge Building activities. Mayor Loomis stated the Board would like to meet with the City Council to review the activities. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the Envision Connection Project Interim Report. Authorizinq Submittal of Grant Proposals for 2007 Non-Motorized Transportation Pilot Proqram - Douqlas Drive Corridor and Xenia-Park Place Corridor Council Member Pentel stated she supports the submittal of the grant for funds. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-21 RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT PROPOSAL FOR THE 2007 NON-MOTORIZED TRANSPORTATION PILOT PROGRAM DOUGLAS DRIVE CORRIDOR 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-22 RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT PROPOSAL FOR THE 2007 NON-MOTORIZED TRANSPORTATION PILOT PROGRAM XENIA-PARK PLACE CORRIDOR 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 4, 2007 Page 6 Administrative Hearinq - Repeat Nuisance Service Call - Loren Zemple - 2230 Douqlas Drive North On behalf of the City Council, Acting City Attorney David Schelzel opened the administrative hearing and afforded the person appealing an opportunity to present evidence. Loren Zemple, 2230 Douglas Drive North, stated that he didn't call the police, that somebody at his house called them; that he can't afford to pay the fee as he lives on social security on a fixed income and that $250.00 is a lot of money to him. Mr. Schelzel asked if Mr. Zemple had any additional information or testimony to present. Mr. Zemple indicated he did not have additional information to present. Mr. Schelzel asked a representative of the City to present the rationale for the administrative charge. Roger Johnson, Acting Public Safety Director, reviewed the police incident report of February 8, 2007 which prompted the fee to be charged; also stated that two additional incidents were reported on July 4 and July 20, 2006; reviewed the applicable city code section and answered questions from the Council. Jeanne Andre answered questions regarding the City Code. Mr. Schelzel asked Mr. Johnson if he had any additional information to present. Mr. Johnson indicated he did not have additional information to present. Mr. Schelzel asked if Mr. Zemple had any additional information or testimony to present. Mr. Zemple stated that the person in his house was allowed to leave, that she just wanted a ride and he had refused; she called the police and said he was holding her. He stated he wasn't holding her. He said that if he was holding her he wouldn't have of allowed her to call the police. Mr. Schelzel asked if either of them had any additional information to provide. Hearing none he closed the administration hearing and turned the matter over to the Council for deliberation and determination. MOVED by Freiberg, seconded by Scanlon and motion carried to prepare a resolution determining that the nuisance call fee was appropriately charged and requested the City Attorney to prepare findings and conclusions of fact regarding the appeal of the nuisance service call fee for 2230 Douglas Drive North. Council Member Pentel voted no. Acting City Attorney Schelzel stated he would prepare a resolution for consideration by the Council at the April 17, 2007 meeting. Regular Meeting of the City Council April 4, 2007 Page 7 Administrative Hearinq - Repeat Nuisance Service Call - Loren Zemple - 2230 Douqlas Drive North - Continued The Council requested that the nuisance call delinquent fee charge during the pendency of the appeal be included in the resolution. The Council indicated that charging the delinquency fee may not appropriate. Authorization to Send Response to St. Louis Park Reqardinq West End Final Alternative Urban Areawide Review (AUAR) Jeanne Andre introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to support the letter sent to the City of St. Louis Park and direct the Mayor to contact the Mayor of the City of St. Louis Park to discuss further concerns. Announcements of Meetinqs The next Council/Manager meeting will be held on Wednesday, April 11, 2007 immediately after the HRA meeting at 7 pm. A Golden Valley Historical Society meeting will be held on April 12, 2007 at 7 pm at the Historical Society building. Run the Valley will be held on April 14, 2007 at 8:30 am at Davis Community Center. The next City Council meeting will be held on April 17, 2007 at 6:30 pm. The next Bassett Creek Water Management Commission will be held on April 19, 2007 at 11:30 am. The Council Social will be held on April 19, 2007 from 6:30 pm to 9 pm at the Golden Valley VFW. Blair Tremere, Envision Connection Project Board of Directors, invited the Council to attend a meeting with the Bridge Builder group on April 21, 2007 at 10 am at the Golden Valley Library. Some Council Members may attend the Golden Valley League of Women Voters Annual meeting on April 21, 2007 from 9 am to noon at the Sheraton. The Council will meet with the Envision Connection Project Board of Directors on May 24, 2007 at 7 pm. Regular Meeting of the City Council April 4, 2007 Page 8 Mavor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 8:50 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant