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08-21-07 CC Minutes unsigned Regular Meeting of the City Council August 21, 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 August 21, 2007 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 August 21, 2007 as amended: Addition of Authorization to Sign the Settlement Agreement and Pierringer Release Regarding EFP, LLC v. City of Golden Valley and Ames Construction, Inc. Citizen Input Mayor Loomis introduced the agenda item. Lorraine Mills, 1623 Aquila Avenue North, stated she had hired a contractor and he had problems getting the permits and bonds required to repair his sewer line but the job became too difficult and he quit; stated she talked to other contractor and they had difficulty in obtaining permits; and feels that all the fees and permits required should be reviewed upfront with the contractors. Bob Hagen, 4815 Culver Road, presented a petition from the neighbors of Culver Road opposed to the widening and installation of a sidewalk, and recommended alternative suggestions. Dave Perkins, 2021 Regent Avenue North, stated his neighborhood also opposes a sidewalk on their street, expressed concern over loss of trees on private and public property and doesn't believe the road will be centered because of the utility lines. Brent Erickson, 5047 Culver Road, distributed a graphic showing the homes that are against the sidewalk in the area and stated there were 36 people who signed the petition in opposition. The Mayor continued the meeting. Regular Meeting of the City Council August 21, 2007 Page 2 Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of August 21, 2007 as amended: Removal of Letter from Mauno Silpala Regarding Resignation from Environmental Commission ,and First and Second Consideration - Ordinance #381 - Rescinding Section 2.71 Code of Ethics. Mayor Loomis asked if any citizen requested an item be removed from the agenda. Wayne DeTuncq requested Letter from Wayne DeTuncq Regarding Glenwood Parkway be removed from the agenda. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - July 17, 2007; Special Council/Manaqer Meetinq - July 17, 2007 and CounciUManaqer Meeting - Auqust 14, 2007 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of July 17, 2007, Special Council/Manager meeting of July 17, 2007 and Council/Manager meeting of August 14, 2007 as submitted. *Bills and Claims 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. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - July 23, 2007 Open Space and Recreation Commission - July 23, 2007 Envision Connection Project Board of Directors - June 20, 2007 Civi91 Service Commission - January 29, 2007 Sidewalk Committee - August 2, 2007 Joint Planning Commission, Environmental Commission and Open Space and Recreation Commission - July 23, 2007 Regular Meeting of the City Council August 21, 2007 Page 3 *Quotes - Golf Utilitv Carts MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase two utility carts from the lowest responsible bidder, Lano Equipment Inc. for $21,266.99. The quotes are as follows: Lano Equipment Inc. $21,266.99 TurF Werks Partners in Growth $36,889.47 *Bids - Street and Utilitv Maintenance Buildinqs Radiant Heat MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the bid for the street and utility maintenance building infrared radiant heat replacement to the lowest responsible bidder, Northern Air Corporation for $97,923.00. The bids are as follows: Northern Air Corporation $97,923.00 Galaxy Mechanical 99,800.00 GR Mechanical 106,340.00 Northland Mechanical Contractors 107,900.00 Horwitz Inc. 108,870.00 NewMech Co 138,000.00 P&D Mechanical 167,500.00 *Bids - Fire Station #2 Roof MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the bid for roof replacement for fire station #2 from the lowest responsible bidder, Sela Roofing Commercial Division for $52,300. The bids are as follows: Sela Roofing Commercial Division $52,300.00 Commercial Roofing Inc. 59,657.00 Stock Roofing Company 61,915.00 McPhillips Bros. Roofing Co 62,000.00 R & N Roofing 63,750.00 Berwald Roofing 63,937.00 Walker Roofing 66,850.00 Nieman Roofing 75,600.00 Aduddell Roofing Inc. 81,134.00 Regular Meeting of the City Council August 21, 2007 Page 4 *Quotes - Citv Hall Air Conditioning MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the replacement of the city hall roof top air conditioning unit for General Services and Finance area to the lowest responsible bidder, Metropolitan Mechanical Contractors, Inc. for $48,000.00. The quotes are as follows: Metropolitan Mechanical Contractors, Inc. (MMC) $48,000.00 UHL Company 53,225.00 Letter from Mauno Silpala Reqarding Resiqnation from Environmental Commission Council Member Shaffer stated the reason for the resignation was because of difficulty in finding homes for empty nesters and stated the Council has been working to help with various housing issues and thanked Mr. Silpala for his service. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and file the letter from Mauno Silpala, dated August 13, 2007, regarding resignation from the Environmental Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. Letter from Wavne DeTuncq Regardinq Glenwood Parkway Wayne DeTuncq, 1830 Glenwood Parkway, feels that if any flowers and/or ground cover are installed on the shoulders of Glenwood Parkway it will not grow because of the salt used for street maintenance, suggested that crushed rock be installed instead. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Wayne DeTuncq, dated August 15, 2007, regarding resignation Glenwood Parkway and request staff to review the installation of crushed rock or gravel and/or include the planning of hearty shrubs in the locations outlined in the letter. *Sidewalk on Reqent Avenue North - Letter from Farrokh Azmoudeh and Maryam Aliabadi and Petition from Dana Perkins MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the letter from Farrokh Azmoudeh and Maryam Aliabadi, dated August 2, 2007, and the petition from Dana Perkins opposing sidewalks or bike paths on Regent Avenue North. Regular Meeting of the City Council August 21, 2007 Page 5 First and Second Consideration - Ordinance #381 - Rescinding Section 2.71 Code of Ethics The following ordinance was MOVED by Shaffer, seconded by Pentel: ORDINANCE NO. 381, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rescinding Section 2.71 Code of Ethics Council Member Freiberg stated he feels that some of the sections could be eliminated and some revised but that the entire section does not need to be rescinded. Allen Barndard answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried to approve on First Consideration, Ordinance #381. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES MOVED by Pentel, seconded by Shaffer and motion carried to suspend the rules requiring a second consideration of the ordinance at a separate meeting. Council Member Freiberg voted no. MOVED by Pentel, seconded by Scanlon and motion carried to approve on Second Consideration, Ordinance #381. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES *Continuation of the Envision Connection Project Board of Directors Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-35 RESOLUTION CONTINUING THE ENVISION CONNECTION PROJECT EXECUTIVE BOARD 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 August 21, 2007 Page 6 Call for Public Hearinq - Street Vacation - Portion of St. Croix Avenue - 9/18/07 Jeannine Clancy introduced the agenda item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 07-36 RESOLUTION ESTABLISHING A PUBLIC HEARING ON SEPTEMBER 18, 2007 TO CONSIDER VACATION OF A PORTION OF A STREET EASEMENT 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. Authorization to Sign the Settlement Aqreement and Pierrinqer Release Reqarding EFP, LLC v. Citv of Golden Vallev and Ames Construction, Inc. Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the Settlement Agreement and Pierringer Release regarding EFP, LLC v. City of Golden Valley and Ames Construction, Inc. Announcements of Meetinqs A Special Council/Manager meeting will be held on August 21, 2007 immediately following the City Council meeting. Filing for City Council candidates opens on August 28, 2007 at 8 am. The city offices will be closed on September 3, 2007. The next City Council meeting will be held on September 4, 2007 at 6:30 pm. Filing for City Council candidates closes on September 11, 2007 at 5 pm. The next Council/Manager meeting will be held on August 14, 2007 at 6:30 pm. Mavor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council August 21, 2007 Page 7 Adiournment The Mayor adjourned the meeting at 7:10 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant