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07-21-98 CC MinutesRegular Meeting of the City Council July 21, 1998 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 21, 1998 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer; and Micks. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. *Letter from Joyce Pageitt Regarding Background Investigation Ordinance MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the letter from Joyce Pageitt, Village Terrace Apartments; dated July 16, 1998 regarding background investigation ordinance. Approval of Minutes: City Council Meeting - June 23, 1998 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the City Council Meeting minutes of June 23, 1998 as submitted. Approval of Agenda MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the agenda of July 21, 1998 as amended: Addition of Letter and/or Petition — Letter from Joyce Pageitt Regarding Background Investigation Ordinance; Addition of Mayor and Council item — Highway 100 Sound Wall. Approval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Organizational Item - Minutes of Boards and Commission - Bassett Creek Water Management Commission - May 21, 1998; Departmental Item - Authorizing and Setting Terms for Inter - Fund Loan for Building Fund; and Addition of Letter and/or Petition - Letter from Joyce Pageitt Regarding Background Investigation Ordinance. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council July 21, 1998 Page 2 *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of license #17106 - #17111 and #7072 - #7074. *Solicitor's License - Freedom Place MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the solicitor's license for Freedom Place. *Gambling License Exemption and Waiver of Notice Requirement - Susan G Komen Breast Cancer Foundation MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Susan G. Komen Breast Cancer Foundation. Off Sale Liguor License - S.G.S. Enterprises, Inc. d/b/a Westview Liquor William Joynes introduced the agenda item. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the off sale liquor license for S.G.S. Enterprises, Inc. d/b/a Westview Liquor. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the minutes received as follows: Planning Commission — May 11, 1998 Board of Zoning Appeals — June 23, 1998 Minutes of Boards and Commissions - Bassett Creek Water Management Commission - May 21, 1998 Council Member Micks asked questions about the oil spill in Sweeney Lake and the cleaning of the sump pump manholes. Regular Meeting of the City Council July 21, 1998 Page 3 Minutes of Boards and Commissions - Bassett Creek Water Mana ement Commission - May 21, 1998 MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the Bassett Creek Water Management Commission minutes of May 21, 1998. Continued Public Hearing - Ordinance #182 - General Plan Approval — Amendment #1 - Valley Creek - PUD #71 The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE #182, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE General Plan Approval - Amendment #1 Valley Creek, PUD #71, Third Addition Mark Grimes, Director of Planning and Development, introduced the agenda item. Mike Pog, Great Lakes Management, was present to answer 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 Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #182, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Public Hearing - Second Consideration - Ordinance #185 - Background Investigations The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE #185, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Respecting Background Investigations Dean Mooney, Director of Public Safety, reviewed the ordinance and stated the fee for the investigation is $2.00. Regular Meeting of the City Council July 21, 1998 Page 4 Public Hearing - Second Consideration - Ordinance #185 - Background Investigations 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 Johnson, seconded by Bakken and motion carried unanimously to approve Ordinance #185, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES *Approval of Reguests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Authorization to Sign PUD Permit - Medley Hills Condominiums - PUD #77 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for Medley Hills Condominiums, PUD #77. *Receipt of June 1998 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the June 1998 general fund budget report. Authorizing and Setting Terms for Inter -Fund Loan for Building Fund Council Member Le8uer asked questions about what buildings were included in the inter - fund loan. Don Taylor, Finance Director, answered questions from the Council. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 98-63 RESOLUTION AUTHORIZING AN INTER -FUND LOAN FOR THE BUILDING FUND AND SETTING THE TERMS OF THIS INTER -FUND LOAN Regular Meeting of the City Council July 21, 1998 Page 5 Authorizing and Setting Terms or Inter -Fund Loan for Building Fund - Continued The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; 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 Budget Calendar MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the 1999 budget calendar. *Authorization for Sale of General Obligation Street Improvement Bonds, Series 1998A - Continued to 8/3/98 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to continue the authorization for sale of general obligation street improvement bonds, series 1998A to August 3, 1998. Approval of Plat - Valley Creek - PUD #71 - Third Addition Mark Grimes, Director of Planning and Development introduced the agenda item. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 98-61 RESOLUTION FOR APPROVAL OF PLAT VALLEY CREEK P.U.D. NO. 71 THIRD ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, LeSuer and Micks; 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 - Amendment #1 - Valley Creek - PUD #71 - Third Addition MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD permit for Amendment #1, Valley Creek, PUD #71, Third Addition. Regular Meeting of the City Council July 21, 1998 Page 6 *Bids - Golden Hills Drive/Colorado Avenue Reconstruction MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid for the reconstruction of Golden Hills Drive/Colorado Avenue South to the lowest responsible bidder, C.S. McCrossan for $1,437,044.55. The bids were as follows: C. S. McCrossan, Inc. $1,437,044.55 Ames Construction, Inc. 1,521,744.65 Kevitt Excavating, Inc. 1,551,759.60 *Bids - Golden Hills West - Phase 2 Demolition MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid for the Golden Hills West, Phase 2 demolition to the lowest responsible bidder, Kevitt Excavating, Inc. for $42,250.00. The bids were as follows: Kevitt Excavating, Inc. $42,250.00 Veit & Company, Inc. 71,943.00 Carl Bolander & Sons Co. 73,586.00 Bids - Street Reconstruction Jeff Oliver, Assistant City Engineer, reviewed the bids and answered questions from the Council. MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid for street reconstruction, sanitary sewer and water main repairs, and storm sewer for Alternate A from the lowest responsible bidder, Thomas and Sons Construction for $1,080,419.19. The bids are as follows: Thomas and Sons Construction Northdale Construction C. S. McCrossan Midwest Asphalt Base Bid + Alternate A $1,080,419.19 1,183, 927.99 1,271,069.61 1,463,459.87 Base Bid + Alternate B $1,194,260.06 1,222,912.81 1,316,398.18 1,447,573.19 Regular Meeting of the City Council July 21, 1998 Page 7 *Bids - Commercial Water Meters with Radio Frequency Transmitters MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid to purchase commercial water meters with radio frequency transmitters from the lowest responsible bidder, Hydro Supply for $68,575.56. The bids were as follows: Badger Meter $68,575.56 Hydro Supply 64,096.12 *Bids - Refurbish Fire Pumping Engine MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid for the refurbishing of fire pumping engine #325 from the lowest responsible bidder, General Safety for $34,026.00. The bids were as follows: Vendor Base Bid Deduct Poly Tank Total General Safety $40,476.00 ($6,450.00) $34,026.00 Toyne 47,553.00 (10,000.00) 37,553.00 Custom Fire 48,045.00 (6,750.00) 41,295.00 *Bids - Sandburg Ballfield Lights MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid for lighting a Babe Ruth ballfield at Sandburg Middle School from the lowest responsible bidder, Collins Elect. Systems for $88,249.00. The bids are as follows: Collins Elect. Systems $88,249.00 Egan -McKay 90,210.00 Ridgedale Electric 103,600.00 Announcements of Meetings The next Council meeting is August 3, 1998. The next Council/Manager meeting and Housing and Redevelopment Authority meeting is August 11, 1998. National Night Out is August 4, 1998. Mayor and Council Communications No action and/or discussion took place. Regular Meeting of the City Council July 21, 1998 Page 8 *Appointment to Human Services Foundation MOVED by Johnson, seconded by LeSuer and motion carried unanimously to appoint Karen Neis to the Human Services Foundation for a term to expire April 1, 2000. Presentation of Awards to 1998 Photo Contest Winners Cheryl Weiler, Communications Coordinator, displayed the photos for the fifth annual "Views of the Valley" photo contest. The winners will be presented with a Certificate of Appreciation, and cash award and city mug. The winners are: First Place — Tim Mohr, 3335 Major Avenue North; Second Place - Vita Wilson, 3201 Lee Avenue North and Third Place - Janice Laulainen, 6040 Golden Valley Road. Tim Mohr was present to receive his awards. The Council congratulated the winners. Administrative Hearing - Abate Nuisance - 7008 Winsdale Street Allen Barnard swore in those persons who are going to testify at the hearing. Allen reviewed the materials included in the agenda packet. He also reviewed the process for conducting the hearing, the Council action that could take place after the hearing, and answered questions from the Council. Dean Mooney, Director of Public Safety presented evidence on the condition of the home; summarized the police report and the actions taken by staff and other agencies involved; and also answered questions from the Council. He also distributed copies of photos taken inside and outside the home. Scott Turner, Ruby Turner's son, stated he knows the house is a disaster; he has not been around for about four years; his goal is to clean up and fix the house and sell it. He has had experience in fixing up homes and asked if it can't be fixed up in two weeks if he could have an extension to get the house fixed up. He stated he would start right away and get it clean as soon as possible. Linda Buranen, Scott Turner's foster family, hoped that two weeks would be enough to get the house cleaned up, but asked if that is not possible they would like more time. She stated that the owner of the home is in a treatment center and that Scott would like fix up the home and convince his mom to move to Arizona. Bill Joynes suggested that the Council pass the nuisance order and give them a chance to make substantial progress in the cleaning of the home in the next 13 days, and report back at the August 3, 1998 Council meeting the status of the progress. He further stated that if no progress has been made he would consider the abatement notice in effect and take the action necessary. He also requested that Mr. Turner provide the names and addresses of those persons who would be helping him with cleaning the house. Regular Meeting of the City Council July 21, 1998 Page 9 Administrative Hearing - Abate Nuisance - 7008 Winsdale Street - Continued Allen Barnard explained that the order is for the garbage and litter in and surrounding the home and not for the structure itself and that if the area is cleaned up it doesn't mean the house is habitable. The Mayor closed the hearing. Dean Mooney stated the order dictates what has to be done to the home and what has to be completed before the August 3 meeting. MOVED by Bakken, seconded by Micks and motion carried unanimously to approve the findings of fact, conclusions and order for abatement for 7008 Winsdale Street. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Human Rights Commission/Share the Dream Event Mayor Anderson updated the Council on the discussion and action taken at the Human Rights Commission meeting regarding the sponsoring of the Share the Dream Event. The Council discussed the issue of supporting cultural programs and agreed to support those activities by matching funds collected. The Council will discuss the item at future budget meetings. Housing Action Plan Meeting - September 9, 1998 The Housing Work Session is September 9, 1998 at 5:00 p.m. Mayor Anderson distributed a memo along with a copy of the background material on the housing plan summary statements. The Mayor requested the Council review the memo and notify the Planning staff of their priorities and/or suggestions to be added to the plan by August 18, 1998. Staff will prepare an agenda based upon the Council's comments. Registration for NLC Congress of Cities & Exposition - Kansas City, Missouri Mayor Anderson asked that any Council Member wishing to attend the conference to notify staff. Regular Meeting of the City Council July 21, 1998 Page 10 Highway 100 Sound Wall Council Member LeSuer reviewed the meeting conducted by MnDOT held on July 15, 1998. Mayor Anderson has set up a meeting with city staff and MnDOT staff to review options. Mayor Anderson will report back to the Council after the meeting. Adjournment MOVED by LeSuer, seconded by Bakken and motion carried unanimously to adjourn the meeting at 8,23 p.m. fi F � Mary E. derson, Mayor ATTEST: