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07-06-04 CC MinutesRegular Meeting of the City Council July 6, 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 July 6, 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. Acceptance of Donation of Automatic External Defibrillator from Golden Valley Federated Women's Club Thomas Burt introduced the agenda item and answered questions from the Council. Sharon Janzen, reviewed the history of the Club; the projects and donations they have provided to other community agencies; and answered questions from the Council. Bob Hernz, Director of Public Safety, displayed the defibrillator which was purchased from the donation and answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 04-56 RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY WOMEN'S CLUB FOR AUTOMATIC EXTERNAL DEFIBRILLATOR 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. The Council expressed appreciation to the Women's Club for their donation. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of July 6, 2004 as amended: Removal of Approval of Minutes - City Council Meeting - May 18, 2004. Citizen Input Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Regular Meeting of the City Council July 6, 2004 Page 2 Approval of Consent Agenda MOVED by Grayson, seconded by Tremere and motion carried unanimously to approve the items on the consent agenda, except removal of: Licenses - Therapeutic Massage Certificate - Janet Midthun; Minutes of Boards and Commission - Envision Steering Committee - April 22, 2004; Bids and Quotes - City Newsletter Printing/Mail Handling - Quotes and Acceptance of Donation of Memorial Benches - Brookview Park from Family of John Brenna and Brookview Golf Course from Friends of Michael Astrow. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - May 18, 2004 The City Council meeting minutes will be approved at the next meeting. *Bills and Claims MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Therapeutic Massage Certificate - Janet Midthun Mayor Loomis asked questions about the license requirements, process and background investigations. Thomas Burt, Bob Hernz, Director of Public Safety and Allen Barnard answered questions from the Council. MOVED by Loomis, seconded by Grayson and motion carried unanimously to approve the issuance of a Therapeutic Massage Certificate to Janet Midthun to practice therapeutic massage at Theresa Thompson Massage. *Solicitor's License - Grassroots Campaigns for the Democratic National Committee MOVED by Grayson, seconded by Tremere and motion carried unanimously to approve the solicitor's license for the Grassroots Campaigns for the Democratic National Committee. *Peddler's License - The Window Store MOVED by Grayson, seconded by Tremere and motion carried unanimously to approve the peddler's license for The Window Store. Regular Meeting of the City Council July 6, 2004 Page 3 *Minutes of Boards and Commissions MOVED by Grayson, seconded by Tremere and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - May 24, 2004 Joint Water Commission - May 5, 2004 Human Services Foundation - May 10, 2004 Environmental Commission - May 24, 2004 Minutes of Boards and Commissions - Envision Steering Committee - April 22, 2004 Council Member Tremere asked if the Council could get an interim report as well as an update on the process. Mayor Loomis updated the Council on the status of the report and stated the final report will be available in September. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to receive and file the Envision Steering Committee minutes for April 22, 2004. *Quotes - Dump Truck Body with Hydraulics and Snowplow MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the purchase of one ton 4x4 dump truck body, complete hydraulics, front mount snow plow from the State of Minnesota agreement from Aspen Equipment for $17,462.94. *Gearty Park Tennis/Basketball Court Reconstruction - Bids MOVED by Grayson, seconded by Tremere and motion carried unanimously to award the bid for the reconstruction of the tennis/basketball court at Gearty Park to the lowest responsible bidder, Bituminous Roadways for $51,900.00. The bids were as follows: Bituminous Roadways $51,900.00 Midwest Asphalt 53,700.00 Frattalone Paving 58,960.00 DMJ Corporation 62,000.00 Quotes - City Newsletter Printing/Mail Handling Council Member Grayson asked for an update on what changes have taken place in the production of the newsletter and why the difference in the quotes. Cheryl Weiler, Communications Coordinator, answered questions from the Council. Regular Meeting of the City Council July 6, 2004 Page 4 Quotes - City Newsletter Printing/Mail Handling - Continued MOVED by Tremere, seconded by Grayson and motion carried unanimously to award the bid for the printing and mail handling of the City newsletter from January 2005 through January 2006 to the lowest responsible bidder, Nystrom Publishing for $26,616. The bids are as follows: Nystrom Publishing $26,616.00 Leffler Printing 27,144.00 Ideal Printers 28,044.00 Sexton Printing 29,352.00 Universal Creating 30,660.00 Wallace Carlson Co. 32,982.00 Brooklyn Printing 34,314.00 Bryant Graphics 34,752.00 Custom Business Forms 35,778.00 Impressive Printing 36,204.00 Horizon Graphics 36,252.00 Anchor Printing 42,972.00 *Authorization to Sign Legal Services Agreement with Best & Flanagan MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the City Manager to sign the legal services agreement with Best & Flanagan, LLP for City Attorney services from July 7, 2004 until June 30, 2007. Acceptance of Donation of Memorial Benches - Brookview Park from Family of John Brenna and Brookview Golf Course from Friends of Michael Astrow Council Member Grayson highlighted the new donation/gift policy. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-57 RESOLUTION ACCEPTING DONATION FOR MEMORIAL BENCHES: BROOKVIEW PARK FROM THE FAMILY OF JOHN BRENNA AND BROOKVIEW GOLF COURSE FROM THE FRIENDS OF MICHAEL ASTROW 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. Regular Meeting of the City Council July 6, 2004 Page 5 Public Hearing - Ordinance #305 - General Plan Approval - PUD #87 - Amendment #1 - Allianz Life The following ordinance was MOVED by Tremere, seconded by Freiberg: ORDINANCE NO. 305, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Allianz Life/Life USA, P.U.D. No. 87, Amendment #1 Allianz Life/Life USA, Applicant Tom Loucks, Loucks Associates, representing the applicant, reviewed the proposal, stating they have changed the number of spaces from 247 to 159; 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 and 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 Tremere, seconded by Freiberg and motion carried unanimously to approve Ordinance #304, 2nd Series, as submitted, in the first paragraph change the number of stalls from 247 to 159. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Public Hearing - Establishing Tax Increment Financing (Soils Condition) and Adopt Tax Increment Finance Plan - North Wirth District No. 3 Jeanne Andre, Assistant to the Manager introduced the agenda item and answered questions from the Council. Thomas Burt and 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. Regular Meeting of the City Council July 6, 2004 Page 6 Public Hearing - Establishing Tax Increment Financing (Soils Condition) and Adopt Tax Increment Finance Plan - North Wirth District No. 3 - Continued Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-58 RESOLUTION ESTABLISHING TAX INCREMENT FINANCING (SOILS CONDITION) NORTH WIRTH DISTRICT NO. 3 AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR 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. Authorize Paving Tail System in South Tyrol Park and Right -of -Way for Bridal Path Jeannine Clancy introduced the agenda item and answered question from the Council. Jeff Oliver, City Engineer, reviewed the project 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. Ken Huber, 1420 Alpine Pass, representing the South Tyrol and Kennedy Addition residents, reviewed the location and history of the path; stated the neighborhood doesn't want anything done except for the use of natural materials; reviewed the discussion of the trail and path policy that has taken place between the City and the neighborhood; thought there would be a discussion with the neighborhood before it was put on the agenda for action; reviewed the changes in the Executive Summaries dated June 15 and July 6, 2004; stated the neighborhood doesn't want the trail paved; feels it is not cost effective; concerned about aesthetics; stated they provided the City with studies and other material reviewing other alternatives instead of paving; asked about the cost specifics for the trail; feels that only a minor refurbishment is necessary; stated the trail has not received any maintenance for many years; stated there are new technologies and material that can address the City's issue as well as the neighborhoods; stated that the ADA and MHRA doesn't require paving of a path they only require firm and stable surface; feels the trail already complies with the handicapped accessible requirements; feels that paving the trail will make it more inaccessible to the handicapped; would like the Council to vote against the paving of the trail and want to continue to working with the neighborhood to come up with the best solution. The Mayor closed the public hearing. Regular Meeting of the City Council July 6, 2004 Page 7 Authorize Paving Tail System in South Tyrol Park and Right -of -Way for Bridal Path - Continued MOVED by Grayson, seconded by Tremere and motion carried to authorize staff to proceed with paving the trail system in South Tyrol Park and the right-of-way for Bridal Path. Council Member Freiberg voted no, stating that paving is unnecessary because staff acknowledged full ADA compliance was not feasible, the trail policy encourages flexibility in surfacing, most neighbors oppose paving, and the trail is not widely used by people outside the neighborhood. Authorizing Support for City of Minneapolis and Joint Water Commission Water Agreement Thomas Burt introduced the agenda item and answered questions from the Council. Allen Barnard and Jeannine Clancy answered questions from the Council. The Council discussed the agreement, at length, and suggested language changes the City Manager should relay to the Joint Water Commission. MOVED by Shaffer, seconded by Freiberg and motion carried to direct the City Manager, in his capacity as Commissioner representing Golden Valley to the Joint Water Commission, to vote in favor of approving a contract between the City of Minneapolis and the Joint Water Commission. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Authorization to Sign Design Services Agreements with Environmental Process, Inc. for Public Safety Roof and Roger Erickson Architects, Inc. for Firing Range Jeannine Clancy introduced the agenda item and answered questions from the Council. Bob Hernz, Director of Public Safety and Allen Barnard answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize entering into an agreement for professional services with Roger Erickson Architects, Inc. for design and construction administration for the Public Safety firing range improvements in the amount of $37,400; and authorize entering into an agreement for professional services with Environmental Process, Inc. for design and construction administration for the Public Safety roof improvements in the amount of $17,450. Regular Meeting of the City Council July 6, 2004 Page 8 Authorization to Sign PUD Permit - PUD #87 - Amendment #1 - Allianz Life Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. MOVED by Grayson, seconded by Tremere and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for Allianz Life, PUD No. 87, Amendment No. 1, as amended: within the permit change the number of parking stalls from 247 to 159. Announcements of Meetings The next Housing and Redevelopment Authority meeting will be held on July 13, 2004 at 6:30 p.m. The next Council/Manager meeting will be held on July 13, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority meeting. The next Bassett Creek Water Management Commission will meet on July 15, 2004 at noon at the City of Plymouth. The next City Council meeting will be held on July 20, 2004 at 6:30 p.m. A Special City Council meeting will be held on July 26, 2004 at 6:30 p.m. A Joint Planning Commission and City Council meeting will be held on July 26, 2004 at 7:00 p.m. A City Council meeting will be held on Monday, August 2, 2004 at 6:30 p.m. National Night Out celebrations will be held throughout the evening on August 3, 2004. The next Council/Manager meeting will be held on August 10, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority (HRA) meeting, if necessary. As of this date no HRA meeting is scheduled. A City Council meeting will be held on August 17, 2004 at 6:30 p.m. Mayor and Council Communications Mayor Loomis stated the Council will be receiving an invitation from Counselor Realty for a ground breaking at the Golden Ridge Development on August 5, 2004. In honor of their 40 years in business they will be sponsoring a Habitat for Humanity Home. Regular Meeting of the City Council July 6, 2004 Page 9 Receipt of Resignation from Council Member Blair Tremere Council Member Tremere read and distributed a copy of his resignation letter, which is effective on July 21, 2004. He has accepted an appointment to a public sector position. Adiournment The Mayor adjourned the meeting at 10:13 p.m. A Linda R. Loomis, Mayor ATTEST: r, ,Idy Nall Administrativ Assistant