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06-01-04 CC MinutesRegular Meeting of the City Council June 1, 2004 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 June 1, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, Shaffer and Tremere. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Golden Valley Days Update Don Keysser, Golden Valley Community Events Fund, updated the Council on the events held in conjunction with Golden Valley Days which was held on May 22, 2004, thanked the Council and staff for their support and answered questions from the Council. Approval of Agenda MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve the agenda of June 1, 2004 as amended: Addition of Golden Valley Days Update and Removal of Authorize Paving Trail System in South Tyrol Park and Right -of -Way for Bridal Path. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Approval of Consent Agenda MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the items on the consent agenda, except removal of: Minutes of Boards and Commission - Human Rights Commission - March 11, 2004; Approval of Requests for Beer and/or Wine at Brookview Park; Modifying 2004 General Wages and Salary for Specified Positions and Receipt of April 2004 General Fund Budget Report. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - April 20, 2004 MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the City Council meeting minutes of April 20, 2004 as submitted. Regular Meeting of the City Council June 1, 2004 Page 2 *Bills and Claims MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Peddler's License - Master Waste Services LLC MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the peddler's license for Master Waste Services LLC. *Peddler's License - Stephanie Williamson for Southwestern Company MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve the peddler's license for Stephanie Williamson, working locally for the Southwestern Company. *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Grayson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - May 10, 2004 Open Space and Recreation Commission - April 26 and May 24, 2004 Board of Zoning Appeals - April 27, 2004 Building Board of Review - March 1 and May 3, 2004 Minutes of Boards and Commissions - Human Rights Commission - March 11, 2004 Council Member Tremere had questions about the policy of the Human Rights Commission making donations to other groups and suggested these types of requests should come to the City Council for approval. Don Taylor, Finance Director answered questions from the Council. MOVED by Tremere, seconded by Freiberg and motion carried to receive and file the Human Rights Commission minutes for March 11, 2004. Approval of Requests for Beer and/or Wine at Brookview Park Council Member Shaffer abstained from the voting and discussion on this issue due to a potential conflict of interest. Regular Meeting of the City Council June 1, 2004 Page 3 Approval of Requests for Beer and/or Wine at Brookview Park - Continued MOVED by Tremere, seconded by Freiberg and motion carried to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Authorization to Sign Addendum to Joint Power Agreement with Perpich Center for the Arts for Storm Water Pond Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-41 RESOLUTION APPROVING ADDENDUM TO THE JOINT POWERS AGREEMENT WITH THE PERPICH CENTER FOR ARTS EDUCATION FOR THE CONSTRUCTION OF A STORM WATER POND 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, Shaffer and Tremere; 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 Agreement with MnDOT for TH 55/Boone Avenue North/General Mills Boulevard Intersection Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-42 RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT FOR CONSTRUCTION OF THE TRUNK HIGHWAY 55/BOONE AVENUE NORTH/GENERAL MILLS BOULEVARD INTERSECTION PROJECT 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, Shaffer and Tremere; 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. Modifying 2004 General Wages and Salary for Specified Positions Council Member Grayson wanted an update on the salary increases proposed. Thomas Burt answered question from the Council. Regular Meeting of the City Council June 1, 2004 Page 4 Modifying 2004 General Wages and Salary for Specified Positions - Continued Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-43 RESOLUTION MODIFYING 2004 GENERAL WAGES AND SALARY FOR SPECIFIED POSITIONS 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, Grayson, Loomis, Shaffer and Tremere; 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 Extend Fire Relief Association Street Dance Hours MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve of extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on June 19, 2004. *Authorization to Sign PUD Permit - PUD #46 - Amendment #5 - Calvary Lutheran Church MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager sign the PUD permit, PUD #46, Amendment #5, Calvary Lutheran Church. Receipt of April 2004 General Fund Budget Report Council Member Grayson asked questions about the license revenue. Don Taylor, Finance Director answered questions from the Council MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file April 2004 General Fund Budget Report. Public Hearing - Preliminary Design Plan Approval - PUD #87 - Amendment #1 - Allianz Life Tom Loucks, Loucks Associates, representing the applicant, reviewed the proposal and answered questions from the Council. Peggy Rasmussen, presented the Commission report and answered questions from the Council. Regular Meeting of the City Council June 1, 2004 Page 5 Public Hearing - Preliminary Design Plan Approval - PUD #87 - Amendment #1 - Allianz Life - Continued Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Thomas Burt 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 Shaffer, seconded by Tremere and motion carried unanimously to approve preliminary design plan for Allianz Life, PUD No. 87, Amendment No. 1 with the following conditions: 1. The site plans submitted as part of the Application for PUD Amendment by Allianz Life, dated April 19, 2004 and prepared by Loucks Associates, shall become a part of this approval. 2. If the second phase office building is not started within three years of the final approval of the PUD amendment for this temporary parking area, all temporary parking areas shall have concrete curb and gutter placed around the perimeter in a manner approved by the City Engineer and shall be landscaped as per the City's requirements. Allianz shall submit a financial guaranty acceptable to the City Attorney in an amount determined by the City Engineer to ensure that the curb and gutter construction will be completed in a timely manner. 3. The recommendations in the memo from Deputy Fire Marshal Ed Anderson and dated April 29, 2004 shall become a part of these conditions of approval. 4. The recommendations in the memo from City Engineer Jeff Oliver, PE, and dated May 6, 2004, shall become a part of these conditions of approval. Continued Public Hearing - Ordinance #302 - General Plan Approval - PUD #98 - Golden Ridge The following ordinance was MOVED by Grayson, seconded by Freiberg: ORDINANCE NO. 302, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development Golden Ridge, Planned Unit Development (P.U.D) No. 98 Bullseye Development, LLC, Applicant Bill Bergquist, Applicant, reviewed the proposal and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Thomas Burt, Allen Barnard and Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council June 1, 2004 Page 6 Continued Public Hearing - Ordinance #302 - General Plan Approval - PUD #98 - Golden Ridge - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ward Blumer, 1817 Hillsboro Avenue North, wanted to know how many of the free standing trees will be cut down, wants to see as little impact as possible in the wooded area; wanted to know where the path will go and if the residents can have a say on where the trail will be placed. S. Thomas Toleno, 1118 Hillsboro Avenue North, wanted to know if the City will go into the buffer strip and remove the dead and falling trees as they are a fire hazard. The Mayor closed the public hearing. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve Ordinance #302, 2nd Series, as amended: removal of condition 5, Only one solid waste hauler shall be used for each of the sixteen (16) housing units within Golden Ridge. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Approval of Plat - Lakeview Heights 2nd Addition Mark Grimes, Director of Planning and Development introduced the item and answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-44 RESOLUTION FOR APPROVAL OF PLAT - LAKEVIEW HEIGHTS 2ND ADDITION 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, Grayson, Loomis, Shaffer and Tremere; 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 - PUD #98 - Golden Ridge Mark Grimes, Director of Planning and Development introduced the item and answered questions from the Council Regular Meeting of the City Council June 1, 2004 Page 7 Approval of Plat - PUD #98 - Golden Ridge - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-45 RESOLUTION FOR APPROVAL OF PLAT - GOLDEN RIDGE P.U.D. 98 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, Shaffer and Tremere; 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 PUD Permit - PUD #98 - Golden Ridge Mark Grimes, Director of Planning and Development introduced the item and answered questions from the Council. MOVED by Tremere, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager sign the PUD permit, PUD #98, Golden Ridge as amended: removal of D. 2. Only one solid waste hauler shall be used for each of the sixteen (16) housing units within Golden Ridge. Bids - PUD #98 - Golden Ridge Jeannine Clancy introduced the item and answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to award the bid for installation of a storm water pond, storm sewers, sanitary sewers, water mains, trails and site grading for PUD #98, Golden Ridge, to the lowest responsible bidder, V P Enterprises of MN, Inc. for $288,393.75. The bids are as follows: V P Enterprises of MN, Inc $288,393.75 G.L. Contracting, Inc. 295,577.25 Dave Perkins Contracting, Inc. 330,006.50 DMJ Corporation 330,209.25 Palda & Sons, Inc. 331,043.90 F.F. Jedlicki, Inc. 340,601.80 Kusske Construction Co., Inc. 347,155.75 Sunram Construction, Inc. 379,451.35 Regular Meeting of the City Council June 1, 2004 Page 8 Second Consideration - Ordinance #301 - Amendment to Master Fee Schedule for Interim Water Flow Rate and Minimum Water Fee The following ordinance was MOVED by Grayson, seconded by Freiberg: ORDINANCE NO. 301, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the Master Fee Schedule for Interim Water Flow Rate and Minimum Water Fee Don Taylor, Finance Director, reviewed the ordinance and answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve on second consideration Ordinance #301, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Authorize Paving Trail System in South Tyrol Park and Right -of -Way for Bridal Path Thomas Burt stated this item was removed from the agenda and will be considered at the June 15, 2004 City Council Meeting. The neighborhood will then be notified that this item is on the agenda on June 15, 2004. Authorizing Issuance and Sale of: $4,785,000 General Obligation Tax Abatement Bonds, Series 200413; $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds, Series 2004; and $625,000 General Obligation Equipment Certificates of Indebtedness, Series 2004 Don Taylor, Finance Director introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-46 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,785,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2004B 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, Grayson, Loomis, Shaffer and Tremere; 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 June 1, 2004 Page 9 Authorizing Issuance and Sale of: $4,785,000 General Obligation Tax Abatement Bonds, Series 200413; $2,995,000 General Obligation Storm Sewer Utility Revenue Bonds, Series 2004; and $625,000 General Obligation Equipment Certificates of Indebtedness, Series 2004 - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-47 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,995,000 GENERAL OBLIGATION STORM SEWER UTILITY REVENUE BONDS, SERIES 2004C 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, Shaffer and Tremere; 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 Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-48 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $625,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004D 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, Shaffer and Tremere; 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. Call for Public Hearing - Vacation of Platted Drainage and Utility Easement - PUD #66 - JLO Addition - 6/15/04 Jeannine Clancy introduced the item and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-49 RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 15, 2004 TO CONSIDER VACATION OF A PORTION OF A PLATTED DRAINAGE AND UTILITY EASEMENT IN THE JLO ADDITION P.U.D. NO. 66 PLAT Regular Meeting of the City Council June 1, 2004 Page 10 Call for Public Hearing - Vacation of Platted Drainage and Utility Easement - PUD #66 - JLO Addition - 6/15/04 - Continued The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; 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 for Expenditure of Funds for Temporary Water System - Maior Circle and Golden Valley Road Jeannine Clancy introduced the item and answered questions from the Council. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 04-50 RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS TO PROVIDE A TEMPORARY WATER SYSTEM, AND AUTHORIZING STAFF TO SOLICIT QUOTES AND ENTER INTO AN EMERGENCY CONTRACT FOR A PERMANENT REPAIR TO THE WATER SYSTEM (MAJOR CIRCLE AND GOLDEN VALLEY ROAD) 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, Shaffer and Tremere; 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 A Tri -City Joint City Council Meeting will be held on June 2, 2004 at the Crystal Community Center at 7:00 p.m. A Welcome Back to Brookview Celebration will be held on June 4, 2004 at 5:30 p.m. The next Housing and Redevelopment Authority meeting will be held on June 8, 2004 at 6:30 p.m. The next Council/Manager meeting will be held on June 8, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority meeting. The Council will conduct Board/Commission interviews on June 9, 2004 at 5:30 p.m. Regular Meeting of the City Council June 1, 2004 Page 11 Announcements of Meetings - Continued The next City Council meeting will be held on June 15, 2004 at 6:30 p.m. The next Bassett Creek Water Management Commission will meet on June 17, 2004 at noon. The Golden Valley Fire Relief Association Dance will be held on June 19, 2004. Mayor and Council Communications Council Member Tremere requested that staff update the Housing and Redevelopment Authority at its June 8, 2004 meeting the status of the shopping center property in the Golden Hills area. Adjournment The Mayor adjourned the meeting at 8:45 p.m. 0� �-n 1 416•. R oomis, Mayor ATTEST: J d Nally Administrativ Assistant