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09-19-06 CC MiinutesRegular Meeting of the City Council September 19, 2006 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 September 19, 2006 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. Oath of Office - Ryan Matthew Robert Hernz, Director of Public Safety, introduced the newest Police Officer, Ryan Matthew. Mayor Loomis gave the oath of office to Police Officer Ryan Matthew, The Council congratulated Officer Matthew. Presentation of Certificates of Appointment Mayor Loomis introduced the agenda item. Chris Monroe and Dan Blumb, Human Services Foundation, were unable to attend. Brookview Performance Area Presentation Jerry Sandler, Chair, Open Space and Recreation Commission, introduced the agenda item and answered questions from the Council. Paul Snyder and Bob Gunderson, ATS&R, reviewed the plans for the performance area and answered questions from the Council. Sharon Janzen, Golden Valley Federated Women's Club, reviewed the history of the project. JoAn Burkholder, Golden Valley Federated Women's Club, stated she has had contact with a number of businesses in the community and they support the performance area. Joe Gellman, 23 Western Terrace, expressed concern about usage of the performance area; stated sound is a concern to residents and is pleased that the sound will be turned away from the residential property; also is concerned about parking on Western Avenue; stated at times cars have parked on both sides of the street and it is difficult to get through and suggested restricting parking on one side of the street. Regular Meeting of the City Council September 19, 2006 Page 2 Brookview Performance Area Presentation - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to recommend approval of the Brookview Performance Area concept plan between the large picnic shelter and the pond in order for the committee to begin their fund raising efforts and to periodically report back to the Council as they progress. Council requested that at a future Council/Manager meeting the Council discuss the possibility of restricting the parking on one side of Western Avenue and requested that staff provide updates on the status of the performance area every six months. Approval of Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of September 19, 2006 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the consent agenda of September 19, 2006 as amended: Removal of Minutes of Boards and Commissions - Deer Task Force - June 8 and July 13, 2006; Golden Valley Road Street/Bridge Improvements, Douglas Drive to Lilac Drive North - Authorization to Sign Agreement with Soo Line Railroad d/b/a Canadian Pacific Railway for Bridge Replacement and Removal of Yield Signs and Installation of All -Way Stop - Knoll Street at Florida Avenue North. *Approval of Minutes - Special Council/Manager Meeting - August 29, 2006 and Council/Manager Meeting - September 13, 2006 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Special Council/Manager meeting minutes of August 29, 2006 and the Council/Manager meeting minutes of September 13, 2006 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. Regular Meeting of the City Council September 19, 2006 Page 3 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Election Task Force - July 24, 2006 Planning Commission - August 28, 20056 Human Services Foundation - August 14, 2006 Joint Water Commission - July 12, 2006 Bassett Creek Water Management Commission - August 17, 2006 Joint Planning Commission and Environmental Commission - August 28, 2006 Minutes of Boards and Commissions - Deer Task Force - June 8 and July 13, 2006 Council Member Pentel thought the Deer Task Force Public Information Meeting held on July 13, 2006 was well run and referred the public to the City web site for additional information. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the Deer Task Force meeting minutes of June 8 and July 13, 2006. *Golden Valley Road Street/Bridge Improvements, Douglas Drive to Lilac Drive North - Accepting Grant from Minnesota State Transportation Fund for Replacement of Railroad Bridge; Authorization to Sign Agreement with Short Elliott Hendrickson for Construction Services and Award Bid for Construction of Golden Valley Road Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-57 RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR REPLACEMENT OF RAILROAD BRIDGE NO. 90606 OVER GOLDEN VALLEY ROAD JUST EAST OF DOUGLAS DRIVE, PROJECT NO. 01-13 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. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the Supplemental Letter Agreement with Short Elliott Hendrickson, Inc. to provide construction services for the Golden Valley Road, Douglas Drive to TH 100, railroad bridge reconstruction project for an estimated amount of $330,200. Regular Meeting of the City Council September 19, 2006 Page 4 *Golden Valley Road Street/Bridge Improvements, Douglas Drive to Lilac Drive North - Accepting Grant from Minnesota State Transportation Fund for Replacement of Railroad Bridge; Authorization to Sign Agreement with Short Elliott Hendrickson for Construction Services and Award Bid for Construction of Golden Valley Road - Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid for the construction of Golden Valley Road, Douglas Drive to TH 55 to the lowest responsible bidder, Shafer Contracting Co., Inc. for $2,711,097.91. The bids were as follows: Shafer Contracting Co., Inc. $2,711,097.91 Palda & Sons Construction, Inc. 2,938,337.27 Eureka Construction, Inc. 2,986,785.26 Thomas & Sons Construction, Inc. 3,190,889.29 Park Construction, Inc. 3,289,643.91 C. S. McCrossan Construction, Inc. 3,616,468.51 Golden Valley Road Street/Bridge Improvements, Douglas Drive to Lilac Drive North - Authorization to Sign Agreement with Soo Line Railroad d/b/a Canadian Pacific Railway for Bridge Replacement Council Member Shaffer reviewed the process and the financial impact for the city for replacement of the bridge. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 06-58 RESOLUTION AUTHORIZING AGREEMENT WITH THE SOO LINE RAILROAD COMPANY, D/B/A CANADIAN PACIFIC RAILWAY, FOR REPLACEMENT OF RAILROAD BRIDGE NO. 90606 OVER GOLDEN VALLEY ROAD JUST EAST OF DOUGLAS DRIVE, PROJECT NO. 01-13 The motion for the adoption of the foregoing resolution was seconded by Member Pentel 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. Removal of Yield Signs and Installation of All -Way Stop - Knoll Street at Florida Avenue North Council Member Freiberg commented that although some residents are not happy with the outcome, the process for residents requesting installation of stop signs does work. Regular Meeting of the City Council September 19, 2006 Page 5 Removal of Yield Signs and Installation of All -Way Stop - Knoll Street at Florida Avenue North - Continued Jeannine Clancy answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 06-59 RESOLUTION TO REMOVE YIELD SIGNS ON KNOLL STREET AT FLORIDA AVENUE NORTH AND TO INSTALL ALL -WAY STOP SIGNS AT THE INTERSECTION 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. Staff was requested to review the intersection at Kelly Drive and Plymouth Road for possible installation of a stop sign at that intersection. *Authorize the Issuance, Sale, and Delivery of Senior Living Multifamily Housing Revenue Bonds (Series 2006A) and Note (Series 200613) - Calvary Center Apartments Project Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-60 RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS SENIOR LIVING MULTIFAMILY HOUSING REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE LOAN - CALVARY CENTER APARTMENTS PROJECT), SERIES 2006A, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS SENIOR LIVING MULTIFAMILY HOUSING REVENUE NOTE (CALVARY CENTER APARTMENTS PROJECT), SERIES 2006B, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE NOTE AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS AND THE NOTE; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO 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 September 19, 2006 Page 6 *Proclamation for Walk for Diabetes Day - September 30, 2006 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the Proclamation for Walk for Diabetes Day - September 30, 2006. *Call for Public Hearing - Special Assessment - Delinquent Utility Bills - 10/3/06 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to call a public hearing to consider certification of special assessments for delinquent utility bills on October 3, 2006 at 7 pm. *Receipt of August 2006 General Fund Budget Report MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the August 2006 General Fund Budget Report. First Consideration - Ordinance #351 - Municipal and Public Utilities The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 351, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 3, Provisions Regarding Municipal and Public Utilities - Rules and Regulations, Rates, Charges and Collections Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt on First Consideration Ordinance #351, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Announcements of Meetings The next Bassett Creek Water Management Commission will be held on September 21, 2006 at 11:30 am. Some Council Members may attend the Park Planning Open House on September 21, 2006 at 5 pm at Wesley Park. Some Council Members may attend the Calvary Lutheran Church Celebration on September 24, 2006 at 12:30 pm. Regular Meeting of the City Council September 19, 2006 Page 7 Announcements of Meetings - Continued Some Council Members may attend the Election Voting Fair on September 25, 2006 at 7 pm. Some Council Members may attend the Park Planning Open House on September 26, 2006 at 5 pm at Sheid Park, The next City Council meeting will be held on October 3, 2006 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 7:40 pm. s SUM ATTEST: NallyAAdministratiVe Assistant