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04-19-05 CC MinutesRegular Meeting of the City Council April 19, 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 19, 2005 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, Pentel and Shaffer. 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 a Certificate of Appointment, mug, and city pin to David Zinn, Board of Zoning Appeals. Jason Landis, Board of Zoning Appeals was unable to attend. Envision Connection Project Work Plan Presentation Charlie Quimby and Helene Johnson, Board Members, presented a PowerPoint presentation about the Envision Connection Project and the Work Plan and answered questions from the Council. The Council expressed appreciation to the Board Members. Approval of Agenda MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the agenda of April 19, 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 19, 2005 as amended: Removal of Approval of Check Register; Minutes of Boards and Commissions - Joint Water Commission - March 1, 2005 and Authorization to Sign Joint Powers Agreement with MnDOT for MnPASS 1-394 High Occupancy Toll (HOT) Lane Enforcement. Mayor Loomis read the items listed on the consent agenda. Regular Meeting of the City Council April 19, 2005 Page 2 *Approval of Minutes: City Council Meetina - April 5, 2005 and Council/Manager Meeting - April 12, 2005 MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the City Council meeting minutes of April 5, 2005 and Council/Manager meeting minutes of April 12, 2005 as submitted. Bills and Claims Council Member Pentel had questions regarding the police car repairs and insurance reimbursements. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Gambling License Exemption and Waiver of Notice Requirement - Meadowbrook PTO MOVED by Pentel, seconded by Grayson and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Meadowbrook PTO. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Grayson and motion carried unanimously to receive and file the minutes as follows: Joint Planning Commission and Board of Zoning Appeals - March 28, 2005 Planning Commission - March 28, 2005 Human Rights Commission - March 10 and 24, 2005 Human Services Foundation - February 7 and March 14, 2005 Bassett Creek Water Management Commission - March 17, 2005 Minutes of Boards and Commissions - Joint Water Commission - March 1, 2005 Council Member Grayson asked about the status of the City of Minneapolis water agreement. Thomas Burt answered questions from the Council. Regular Meeting of the City Council April 19, 2005 Page 3 Minutes of Boards and Commissions - Joint Water Commission - March 1. 2005 - Continued MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the minutes of the Joint Water Commission dated March 1, 2005. *Bids - Street Construction and Maintenance Materials MOVED by Pentel, seconded by Grayson and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders. The bids are as follows: Class 7 Aggregate Midwest Asphalt Corporation $6.92/ton Winter Sand FA -1 SA -AG, Inc. 7.98/ton Crushed Rock Aggregate Industries 16.72/ton Type 41A Wearing Mix Course Mix C. S. McCrossan 31.00/ton Ball Diamond Mix Bryan Rock Products 17.27/ton The bid tabulation is attached to the minutes as Exhibit A. *Bids - Street Flusher Tank MOVED by Pentel, seconded by Grayson and motion carried unanimously to award the bid for the purchase a street flusher tank and appurtenances from the lowest responsible bidder, ABM Equipment & Supply, Inc. for $58,573.94. The bids are as follows: Base Bid Alternate Total ABM Equipment & Supply, Inc. $49,699.29 $8,874.6 $58,573.94 Ruffridge-Johnson Equipment Co. 58,018.01 6,869.25 64,887.26 Stepp Manufacturing Co. Inc. 58,037.18 7,242.00 65,279.18 *Bids - Public Safety Firing Range Improvements MOVED by Pentel, seconded by Grayson and motion carried unanimously to award the bid for the public safety firing range improvements to the lowest responsible bidders and/or only bidder. The bids are as follows: Contract 04-21A & 04-21 D Selected Demolition and Carpentry, Install Millwork/Casework Contract 04-21 B Concrete and Masonry Contract 04-21 C Misc. Metals -Supply Contract 04-21 E Millwork/Casework-Supply J.S. Cates Construction Co. Inc.* $25,000 Thor Construction, Inc.* 21,234 Axel Ohman 34,000 Crown Industries, Inc.* 1,225 National Steel Fabricators, Inc. 3,655 Paul's Architectural Woodcraft Co.* 2,945 Wilkie Sanderson 3,517 Commercial Fixtures, Inc. 3,702 Regular Meeting of the City Council April 19, 2005 Page 4 *Bids - Public Safety Firing Range Improvements - Continued Contract 04-21 F Doors Frames Hardware -Supply Contract 04-21 G Gypsum Board Contract 04-21 H Acoustical Contract 04-21J Carpet Contract 04-21 K Paint Contract 04-21 L Bullet Trap Contract 04-21 M Mechanical Contract 04-21 N Fire Projection Contract 04-21 P Electrical Bredemus Hardware Co. Inc.* 4,450 Wheeler Hardware 6,504 Glewwe Doors, Inc. 9,019 Tasler Construction, Inc.* 7,300 RTL Construction Inc 12,589 Architectural Sales of MN, Inc.* 21,737 Twin City Acoustics, Inc. 49,380 St. Paul Linoleum & Carpet Co.* 2,168 Northern Painting, Inc.* 3,287 Park Painting, Inc. 4,956 Great Lakes Painting Contracts LLC 7,350 Range Systems* 26,950 Grendahl Mechanical, Inc.* 37,400 Conrad Mechanical Contractors LLC 44,800 Environ -Con, Inc. 46,250 SBS Mechanical, Inc 54,900 Northland Mechanical Contractors Inc 92,254 Fire -Guard Sprinkler Service* 5,600 Gopher Electric Contractors, Inc.* 17,254 Vinco, Inc. 18,970 Prairie Electric 23,566 Phasor Electric Company 27,800 *low bidder *Authorization to Sign Contract with Xcel Energy to Replace Decorative Street Lights - 2005 Pavement Management Program MOVED by Pentel, seconded by Grayson and motion carried to authorize the City Manager to sign an agreement with Xcel Energy Outdoor Lighting to replace decorative street lights and appurtenances in the 2005 Pavement Management Program for $143,000. Mayor Loomis abstained from voting on this item due to a potential conflict of interest. Authorization to Sign Joint Powers Agreement with MnDOT FOR MnPASS 1-394 High Occupancy Toll (HOT) Lane Enforcement The Council had numerous questions about the program and agreement. Bob Hernz, Director of Public Safety and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Grayson and motion carried to authorize the Mayor and City Manager to sign the Joint Powers Agreement with Mn/DOT for MnPASS 1-394 High Occupancy Toll (HOT) Lane Enforcement. Council Members Freiberg and Shaffer voted no. Regular Meeting of the City Council April 19, 2005 Page 5 Authorization to Sian Joint Powers Agreement with MnDOT FOR MnPASS 1-394 High Occupancy Toll (HOT) Lane Enforcement - Continued Staff was requested to forward copies of the monthly summary activity log to the Council and requested the Joint Powers Agreement be reviewed in three months. *Restricting Parking on Portion of Lindsay Street Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 05-30 RESOLUTION RESTRICTING PARKING ON A PORTION OF LINDSAY STREET The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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 Develop and Sign Agreement with Minnesota Environmental Initiative (MEI) for City Hall Complex Soil Investigation MOVED by Pentel, seconded by Grayson and motion carried unanimously to direct staff to develop and execute an agreement with MEI for soil investigation on the City Hall campus. *Receipt of March 2005 General Fund Budget Report MOVED by Pentel, seconded by Grayson and motion carried unanimously to receive and file the March 2005 General Fund Budget Report. Public Hearing - Preliminary Design Plan Amendment Approval - PUD #91 - Amendment #1 - Rudy Luther Toyota Campus Jon Baker, Architect, presented the plan amendment and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report and answered questions from the Council. 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. Regular Meeting of the City Council April 19, 2005 Page 6 Public Hearing - Preliminary Design Plan Amendment Approval - PUD #91 - Amendment #1 - Rudy Luther Toyota Campus - Continued David Zinn, 3329 Kyle Avenue North, suggested that the lighting standards be looked at closely and asked about the demolition of the site and future plantings of trees and shrubs. The Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Preliminary Design Plan Amendment, Amendment #1, PUD #91, Rudy Luther Toyota Campus, subject to the following conditions: 1. The Civil and Architectural Plan Packet (16 sheets) prepared by Baker Associates and dated February 11, 2005 shall become a part of this approval (subject to revisions required by the City Engineer and Deputy Fire Marshal). 2. All recommendations and requirements set out in the Engineering Memo to Mark Grimes from City Engineer Jeff Oliver, PE, and dated February 28, 2005 shall be made a part of this approval. The Plan Packet must be revised in a manner consistent with Mr. Oliver's memo prior to the plans going to the City Council for Preliminary PUD Plan approval. 3. All recommendations and requirements set out in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes dated February 22, 2005 shall become a part of this approval and the Plan Pack must be revised in a manner consistent with Mr. Anderson's memo prior to the plans going to the City Council for Preliminary PUD Plan approval. 4. The Building Board of Review, as part of the building permit process, must approve the landscape plans. 5. The existing cellular tower on the site may remain. 6. No outside speaker system shall be used on the site. 7. Staff will review the lighting plan and work with the applicant to reduce the amount of lighting on the site. Public Hearing - Preliminary Plat Approval - 2548 Douglas Drive North Walt Donnay, Amain Homes, Applicant, presented the plan amendment and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Jeannine Clancy 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. Regular Meeting of the City Council April 19, 2005 Page 7 Public Hearing - Preliminary Plat Approval - 2548 Doualas Drive North - Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the preliminary plat for 2548 Douglas Drive, subject to the following conditions: 1. The final plat will be consistent with the preliminary plat of Amain Addition prepared by RLK and dated February 11, 2005. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated March 23, 2005, shall become a part of this approval. 3. A park dedication fee shall be paid prior to approval of the final plat by the City Council. The amount of the park dedication fee shall be determined prior to final plat approval by the City Council upon recommendation by staff. 4. The final form of the "Declaration of Covenants, Restrictions and Conditions" shall be submitted for approval by the City Attorney prior to approval of the final plat. The cost of review of the "Declaration" shall be paid by Amain. 5. Prior to approval of final plat Amain Homes shall enter into a development agreement with the City of Golden Valley regarding the sanitary sewer extensions. 6. The rezoning of this property from Single Family (R-1) to Two -Family (R-2) shall be approved by the City Council prior to the approval of the final plat of the Amain Addition. If the City Council elects not to approve the rezoning to R-2, the final plat of Amain Addition cannot be approved by the City Council. Public Hearing - Rezoning to Two -Family (R-2) Residential Zoning District -2548 Doualas Drive North Mark Grimes, Director of Planning and Development, introduced the agenda item and 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 continue the public hearing for consideration to rezone the property located at 2548 Douglas Drive North to Two -Family (R-2) Residential Zoning District to the May 3, 2005 City Council meeting. Public Hearing - Platted Drainage and Utility Easement Vacation - PUD #87 - Allianz Life USA Addition Jeannine Clancy introduced the agenda item and 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. Regular Meeting of the City Council April 19, 2005 Page 8 Public Hearing - Platted Drainage and Utility Easement Vacation - PUD #87 - Allianz Life USA Addition - Continued Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 05-31 RESOLUTION VACATING 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 Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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. Approval of Plat - Allianz Life USA 2nd Addition - PUD #87 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 05-32 RESOLUTION FOR APPROVAL OF PLAT - ALLIANZ LIFE USA 2ND ADDITION P.U.D. NO. 87 The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Pentel 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 Amended PUD Permit - Amendment #2 - PUD #87 - Allianz Life USA 2nd Addition Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager to sign the Amended PUD Permit for Allianz Life USA 2nd Addition P.U.D. No. 87, Amendment No. 2. Regular Meeting of the City Council April 19, 2005 Page 9 First Consideration - Ordinance #327 - Adding Section 10.23 Fire Protection The following ordinance was MOVED by Freiberg, seconded by Grayson: ORDINANCE NO. 327, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 10, Adding Section 10.23 "Fire Protection" Bob Hemz, Director of Public Safety, presented the staff report and answered questions from the Council. Thomas Burt and Jeannine Clancy 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 Freiberg, seconded by Grayson and motion carried unanimously to approve Ordinance #327, 2nd Series, as amended: clarify description of approved fireplaces, structure and distance requirements. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Staff was requested to put an article in the city newsletter regarding the fire protection regulations. First Consideration - Ordinance #328 - Amending Section 9.12 Fire Lanes The following ordinance was MOVED by Freiberg, seconded by Grayson: ORDINANCE NO. 328, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 9, Amending Section 9.12 "Fire Lanes" Bob Hernz, Director of Public Safety, presented the staff report and 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 Freiberg, seconded by Grayson and motion carried unanimously to approve Ordinance #328, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Regular Meeting of the City Council April 19, 2005 Page 10 First Consideration - Ordinance #329 - Right -of -Way Management Regarding- Grasses, egardingGrasses, Forbs, Shrubs and Trees The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 329, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Chapter 7, Right -of -Way Management Regarding Grasses, Forbs, Shrubs and Trees Jeannine Clancy presented the staff report and 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 #329, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES Call for Public Hearing - Platted Drainage and Utility Easement Vacation - 7135 Madison Avenue West - 5/17/05 Jeannine Clancy presented the staff report and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 05-33 RESOLUTION ESTABLISHING A PUBLIC HEARING ON MAY 17, 2005 TO CONSIDER VACATION OF A PORTION OF A PLATTED DRAINAGE AND UTILITY EASEMENT AT 7135 MADISON AVENUE WEST 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, Grayson, Loomis, Pentel 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 Meetings The Council will hold a Special Council/Manager meeting immediately following the City Council meeting of April 19, 2005. Regular Meeting of the City Council April 19, 2005 Page 11 Announcements of Meetinas - Continued Some Council Members will attend a meeting with Human Rights Commission members regarding the Bias Hate Community Response Plan on April 21, 2005 at 7:00 a.m. The next Bassett Creek Water Management Commission will be held on April 21, 2005 at 11:30 a.m. A Joint Planning Commission and City Council Meeting will be held on April 25, 2005 at 7:00 p.m. A Ground Breaking Ceremony will be held at Allianz Life on April 25, 2005 at 11:00 a.m. The Local Board of Appeal and Equalization will be held on April 27, 2005 at 7:00 p.m. The Council will interview a board/commission applicant on April 27, 2005 at 6:30 p.m. The 1-394 Corridor Bus Tour will be held on May 2, 2005 at 5:30 p.m. The Human Rights Commission Essay Contest will be held on May 3, 2005 at 4:00 p.m. The next City Council meeting will be held on May 3, 2005 at 6:30 p.m. The 1-394 Corridor Speaker Training will be held on May 10, 2005 at 6:00 p.m. The next Council/Manager meeting will be held on May 10, 2005 at 6:30 p.m. The next Bassett Creek Water Management Commission will be held on May 19, 2005 at 11:30 a.m. Golden Valley Days will be held on May 20 and 21, 2005. A Legislative Breakfast will be held on May 21, 2005. Mayor and Council Communications Mayor Loomis stated the Run the Valley was held on April 16, 2005 and was a success. Regular Meeting of the City Council April 19, 2005 Page 12 Adiournment The Mayor adjourned the meeting at 9:40 p.m. Linda R. Loomis,Mayor ATTEST: NaIIA AdministratiVb Assistant Regular Meeting of the City Council Ap* ril 19, 2005 Page 13 0 0 N Ti 0 m O z II CO z, O o0 H O N �mcz Z- Z Z �� z Z Z z C1 C d a 00 O O O 0 O O O)0 00 0)wi d' H tjti m d N w N o U) � oo 00 t� z Z Cfl 6 m � �= cfl e= ti m H z z d V- CV EZv (6A r 0 �Uo V- C6 CO Z to� Z Z Z Z C O c 0 L' N.w'O OD 0� O0 00 00 L d-lc0 N m z Oi m Z m Z m Z m Z m Z ti� EA Ef3 d cm � �O 00 00 00 R 0 �tO ,N m 0O 0) m CDI- e- 00 M Z 0 CO z m z CO N m z V .�-0. 0 C A C N � E o c °' m c ° v° Cao o N r- `O c 22 d FD N o c E U Q L a> C C E >+ �c c uj co O E V N C rn 12 ° ° E E Y 3 Q m m mn I U o U w U 2 °v z CD m O z II CO z,