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04-05-05 CC MinutesRegular Meeting of the City Council April 5, 2005 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 5, 2005 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Grayson. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Presentation of Certificates of Appointment Mayor Loomis presented Certificates of Appointment, mugs, and city pins to Eyleen Burnside, Human Services Foundation; David Bucher, Northwest Hennepin Human Services Council Advisory Commission; Kelly Kuebelbeck, Open Space and Recreation Commission and David Cera, Planning Commission. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of April 5, 2005 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 agenda of April 5, 2005 as amended: Removal of Bids and Quotes - Public Safety Firing Range Improvements, and Request Metropolitan Council Maintain Existing Transit Service Levels. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes: City Council Meeting - March 15, 2005 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of March 15, 2005 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council April 5, 2005 Page 2 *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Peddler's License - Cathy Waldhauser MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the peddler's license for Cathy Waldhauser. *Peddler's License - Chester Bird American Legion Auxiliary #523 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the peddler's license for Chester Bird American Legion Auxiliary #523. *Peddler's License - The Window Store MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the peddler's license for The Window Store. *Peddler's License - Trugreen Chemlawn MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the peddler's license for Trugreen Chemlawn. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - February 28, 2005 Open Space and Recreation Commission - February 28, 2005 Board of Zoning Appeals - February 22, 2005 Planning Commission - March 7, 2005 Human Rights Commission - February 10, 2005 Civil Service Commission - February 7, 2005 Envision Connection Project Board of Directors - January 20, January 25 and February 24, 2005 *Bids - 05-1 - 2005 Pavement Management Program MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid for the 2005 pavement management program to the lowest responsible bidder, Palda & Sons, Inc. for $4,897,671.55. The bids are as follows: Regular Meeting of the City Council April 5, 2005 Page 3 *Bids - 05-1 - 2005 Pavement Management Program - Continued Palda & Sons, Inc. $4,897,671.55 Shaffer Construction, Inc. 5,328,752.60 Park Construction, Inc. 5,604,413.70 Thomas & Sons, Inc. 5,655,644.64 Hardrives, Inc. 6,501,496.98 C.S. McCrossan Construction, Inc. 6,627,364.59 *Bids - Brush Pick-up MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid for brush pick-up to the only bidder, Tim's Tree Service for $64,380. Bids - Public Safety Firing Range Improvements Mayor Loomis requested this item be placed on the April 12, 2005 Council/Manager meeting for discussion. Thomas Burt answered questions from the Council. MOVED by Loomis, seconded by Freiberg and motion carried unanimously to discuss the bids for the Public Safety firing range improvements at the April 12, 2005 Council/Manager meeting. *Call for Public Hearing - Platted Drainage and Utility Easement Vacation - PUD #87 - Allianz Life USA Addition - 4/19/05 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-26 RESOLUTION ESTABLISHING A PUBLIC HEARING ON APRIL 19, 2005 TO CONSIDER VACATION OF A PORTION OF CERTAIN PLATTED DRAINAGE AND UTILITY EASEMENTS IN THE PLAT OF ALLIANZ LIFE USA ADDITION P.U.D. NO. 87 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 and Shaffer; and the following was absent: Grayson, 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 5, 2005 Page 4 *Authorization to Sign Agreements for Stream Bank Stabilization Project: Bassett Creek Water Management Commission: Robert Marrs, 4840 Markav Ridge and Steve McHugh, 4820 Markav Ridge MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the agreements for stream bank stabilization with the Bassett Creek Water Management Commission, Robert Marrs and Steve McHugh. Request Metropolitan Council Maintain Existing Transit Service Levels Council Member Pentel thanked the Environmental Commission for their action regarding the transit service within the City. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-27 RESOLUTION ENCOURAGING THE METROPOLITAN COUNCIL TRANSIT OPERATIONS TO MAINTAIN THE EXISTING TRANSIT SERVICE LEVELS PROVIDED TO GOLDEN VALLEY RESIDENTS 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 and Shaffer; and the following was absent: Grayson, 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 forward a copy of the adopted resolution to the Environmental Commission. *Authorization to Sign Agreements with Environmental Process Inc. for Building Maintenance Improvement: Fire Station #3 and Golf Maintenance MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the agreement with Environmental Process Inc. for building maintenance improvements at Fire Station No. 3 for $25,400 and Golf Maintenance for $24,300. *Authorization to Sign Agreement with SEH. Inc. for Inflow and Infiltration Study MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the agreement with Short Elliott Hendrickson, Inc. (SEH) for preparation of the Inflow and Infiltration Study for an amount not to exceed $139,430. Regular Meeting of the City Council April 5, 2005 Page 5 Public Hearing - Ordinance #325 - Final Plan Approval - PUD #87 - Amendment #2 - Allianz Life Insurance Company of North America The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 325, 2ND SERIES Approval of Amendment to Final Plan of Development Allianz Life Insurance Company of North America, P.U.D. No. 87, Amendment No. 2 Allianz Life Insurance Company of North America, Applicant Ed Fitzpatrick, Allianz Life, reviewed the plan and answered questions from the Council. Gregg Hackett, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Allen Barnard 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 Shaffer and motion carried unanimously to approve Ordinance #325, 2nd Series, as amended: Condition #6, indicating that there will only be two lots for the final plat, one lot for the Phase I and Phase II office buildings and one lot for the parking ramp. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - ABSENT LOOMIS - YES PENTEL - YES SHAFFER - YES Public Hearing - Ordinance #326 - Adding New Section 11.50 "Sexually Oriented Businesses" The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 326, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11, Adding New Section 11.50 "Sexually Oriented Businesses" Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Allen Barnard answered questions from the Council. Gregg Hackett, Planning Commissioner, presented the Commission report. 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. Regular Meeting of the City Council April 5, 2005 Page 6 Public Hearing - Ordinance #326 - Adding New Section 11.50 "Sexually Oriented Businesses" - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #326, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - ABSENT LOOMIS - YES PENTEL - YES SHAFFER - YES Authorizing Issuance and Sale of $5,990,000 General Obligation Improvement Bonds, Series 2005C and $700,000 General Obligation Equipment Certificates, Series 2005D Don Taylor, Finance Director, introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-28 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $5,990,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C 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 and Shaffer; and the following was absent: Grayson, 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 05-29 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $700,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2005D 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 and Shaffer; and the following was absent: Grayson, 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. Board/Commission Appointments Mayor Loomis introduced the agenda item. Regular Meeting of the City Council April 5, 2005 Page 7 Board/Commission Appointments - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to make the following appointments: Environmental Commission Scott Bilodeau 3 year term 3/1/08 Board of Zoninq Appeals David Zinn 1 year term 4/1/06 Jason Landis 1 year term 4/1/06 alternate Announcements of Meetings The next Housing and Redevelopment Authority Meeting will be held on April 12, 2005 at 6:30 p.m. followed by a Council/Manager meeting. The Metropolitan Council will hold their public hearing on transit services on April 12, 2005 at 6:30 p.m. at the Hopkins Center for the Arts. The Human Services Foundation Run the Valley event will be held on April 16, 2005 at 8:30 a.m. at Meadowbrook Elementary School. The next City Council meeting will be held on April 19, 2005 at 6:30 p.m. The next Bassett Creek Water Management Commission will be held on April 21, 2005 at 11:30 a.m. The Local Board of Appeal and Equalization will be held on April 27, 2005 at 7:00 p.m. A City Council meeting will be held on May 3, 2005 at 6:30 p.m. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council April 5, 2005 Page 8 Adiournment The Mayor adjourned the meeting at 7:40 p.m. ATTEST: �l dy N , AdministKAive Assistant