06-15-04 CC MinutesRegular Meeting
of the
City Council
June 15, 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 15, 2004 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Shaffer and Tremere; 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.
Approval of Agenda
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve
the agenda of June 15, 2004 as amended: Removal of First Consideration - Ordinance
#303 - Amending Chapter 4 Title to Building and Signs and Adding Sections Entitled
Fences and Temporary Structures and Dumpsters.
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 Shaffer and motion carried unanimously to approve the
items on the consent agenda, except removal of: Approval of Mintues - City Council
Meeting - May 4, 2004 and Council/Manager Meeting - June 8, 2004; and Reject Bid - 02-
5A - Boone Avenue North Storm Water, Floodproofing and Water Main Improvements and
Call for Special City Council Meeting - 7/26/04.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes - City Council Meeting - May 4, 2004 and Council/Manager
Meeting - June 8, 2004
Council Member Freiberg asked that the following sentence be added to the minutes,
"Council Member Freiberg stated he felt the conditional use permit required a substantial
variance from the parking standards and that would adversely affect existing businesses."
MOVED by Freiberg, seconded by Tremere and motion carried unanimously to approve
the Council/Manager minutes of June 8, 2004 as submitted and the City Council minutes of
May 4, 2004 as amended: add the following sentence under Ordinance #295 - Conditional
Use Permit - 5761 Duluth Street, after the roll call vote: Council Member Freiberg stated
he felt the conditional use permit required a substantial variance from the parking
standards and that would adversely affect existing businesses.
Regular Meeting of the City Council
June 15, 2004
Page 2
*Bills and Claims
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses Shaffer
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Peddler's License - Stephanie Williamson for Southwestern Company
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
peddler's license for Stephanie Williamson, working locally for the Southwestern Company.
*Peddler's License - Master Waste Services LLC
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
peddler's license for Master Waste Services LLC.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the minutes received as follows:
Human Rights Commission - May 13, 2004
Human Services Foundation - April 12, 2004
Families Sharing the Dream Committee - April 22, 2004
Environmental Commission - April 26, 2004
Civil Service Commission - March 8, 2004
Bassett Creek Water Management Commission - May 20, 2004
Refect Bid - 02-5A - Boone Avenue North Storm Water, Floodproofing and Water
Main Improvements and Call for Special City Council Meeting - 7/26/04
Council Member Tremere wanted to know what effect not approving these bids will have on
the continuation of the project. Jeannine Clancy and Thomas Burt answered questions
from the Council.
MOVED by Tremere, seconded by Shaffer and motion carried unanimously to reject the
bid for the Boone Avenue North storm water, floodproofing and water main improvements
from Palda & Sons, Inc. in the amount of $4,559,198.62.
Regular Meeting of the City Council
June 15, 2004
Page 3
Refect Bid - 02-5A - Boone Avenue North Storm Water, Floodproofing and Water
Main Improvements and Call for Special City Council Meeting - 7/26/04 - Continued
MOVED by Tremere, seconded by Shaffer and motion carried unanimously to call for a
Special City Council Meeting for July 26, 2004 at 6:30 p.m. to consider bids for the TH
55/General Mills Boulevard/Boone Avenue project.
*Quotes - Lift Station Pumps
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to award the
bid for the purchase of two submersible pumps for the lift station at Boone Avenue North
and Golden Valley Road from the lowest responsible bidder, Electric Pump for $44,500.
The bids are as follows:
Electric Pump $44,500
ITT Flygt Corporation 47,130
Public Hearing - Vacation of Platted Drainage and Utility Easement - PUD #66 - JLO
Addition
Jeannine Clancy introduced the 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.
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION 04-51
RESOLUTION VACATING A PLATTED DRAINAGE AND
UTILITY EASEMENT IN JLO ADDITION P.U.D. NO. 66
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, Shaffer and Tremere; 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.
Public Hearing - Vacation of Recorded Sanitary Sewer, Platted Drainage and Utility
Easements - PUD #97 - Sunrise of Golden Valley
Jeannine Clancy introduced the item and answered questions from the Council.
Regular Meeting of the City Council
June 15, 2004
Page 4
Public Hearing - Vacation of Recorded Sanitary Sewer, Platted Drainage and Utility
Easements - PUD #97 - Sunrise of Golden Valley - Continued
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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-52
RESOLUTION VACATING RECORDED SANITARY SEWER AND PLATTED DRAINAGE
AND UTILITY EASEMENTS IN SUNRISE OF GOLDEN VALLEY P.U.D. NO. 97
(SCHAPER ROAD AND OLSON MEMORIAL HIGHWAY)
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,
Loomis, Shaffer and Tremere; 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.
Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Execution and Delivery of and Security for: $4,785,000 General
Obligation Tax Abatement Bonds, Series 200413; and Authorizing Issuance, Awarding-
Sale,
wardingSale, Prescribing the Form and Details and Providing for the Payment of: $2,995,000
General Obligation Storm Sewer Utility Revenue Bonds, Series 2004C and $625,000
General Obligation Equipment Certificates of Indebtedness, Series 2004D
Al Erickson, Springsted Inc. reviewed the agenda item and answered questions from the
Council.
Member Tremere introduced the following resolution and moved its adoption:
RESOLUTION 04-53
RESOLUTION AUTHORIZING THE ISSUANCE, AWARDING THE SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY OF AND SECURITY FOR $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,
Loomis, Shaffer and Tremere; 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
June 15, 2004
Page 5
Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and
Providing for the Execution and Delivery of and Security for: $4,785,000 General
Obligation Tax Abatement Bonds, Series 200413; and Authorizing Issuance, Awarding
Sale, Prescribing the Form and Details and Providing for the Payment of: $2,995,000
General Obligation Storm Sewer Utility Revenue Bonds, Series 2004C and $625,000
General Obligation Equipment Certificates of Indebtedness, Series 2004D -
Continued
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-54
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT 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 Tremere
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Shaffer and Tremere; 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 Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 04-55
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING
FOR THE PAYMENT OF $625,000 GENERAL OBLIGATION
EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004D
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, Shaffer and Tremere; 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.
On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non -Intoxicating Malt
Liquor License Renewals
Robert Hernz, Director of Public Safety introduced the agenda item and answered
questions from the Council.
MOVED by Freiberg, seconded by Tremere and motion carried unanimously to approve
the renewal of the On Sale, Off Sale, Sunday Sale, Club and On Sale Wine and Non -
intoxicating Malt liquor licenses unconditionally as listed below:
Regular Meeting of the City Council
June 15, 2004
Page 6
On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non -Intoxicating Malt
Liquor License Renewals - Continued
Off Sale: Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits; Golden Valley Liquor Barrel,
Inc. d/b/a Liquor Barrel; FTL Corporation d/b/a MGM Liquor Warehouse; RZMP Corp. d/b/a
Schuller's Tavern; Adelemor, Inc. d/b/a United Liquors #2 and S.G.S. Enterprises, Inc.
d/b/a Westview Liquors.
On Sale and Sunday Sale: The Samurai, Inc. d/b/a Benihana; Scoreboard Inc., d/b/a J.J.'s
Clubhouse; GMRI Inc. d/b/a Red Lobster #157; RZMP Corporation d/b/a Schuller's Tavern;
Cliff Corporation d/b/a Doolittle's; Golden Valley Country Club Inc. d/b/a Golden Valley
Country Club; Majors Sports Cafe of Golden Valley, Inc. d/b/a Majors Sports Cafe and
D'Amico Catering, Inc. d/b/a The Metropolitan Ballroom & Clubroom.
Club On Sale and Sunday Sale: Chester Bird American Legion Post #523 and Golden
Valley VFW Post #7051.
Wine On Sale (including strong beer) and Non -Intoxicating Malt Liquor. • D'Amico and
Sons, Inc. d/b/a D'Amico and Sons; Ying Chee Chan d/b/a Rasa Sayang and Piazza's
Ristorante Inc. d/b/a Piazza's Ristorante.
First Consideration - Ordinance #303 - Amending Chapter 4 Title to Building and
Signs and Adding Sections Entitled Fences and Temporary Structures and
Dumpsters
Thomas Burt removed this item from the agenda as the wrong version of the ordinance
was included in the agenda packet and suggested the Council consider the ordinance
amendment at a future meeting.
Ordinance #304 - Interim Ordinance Placing a Moratorium on the Siting of Adult
Establishments Within the City and Directing that a Study be Conducted
The following ordinance was MOVED by Tremere, seconded by Freiberg:
ORDINANCE NO. 304, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Interim Ordinance Placing a Moratorium on the
Siting of Adult Establishments Within the City
and Directing That a Study Be Conducted
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 15, 2004
Page 7
Ordinance #304 - Interim Ordinance Placing a Moratorium on the Siting of Adult
Establishments Within the City and Directing that a Study be Conducted
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve
Ordinance #304, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - ABSENT LOOMIS - YES
SHAFFER - YES TREMERE - YES
Announcements of Meetings
The Fire Department Open House will be held on June 16, 2004 from 6:00 p.m. to 8:00
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.
The next City Council meeting will be held on July 6, 2004 at 6:30 p.m.
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 Council will conduct Board/Commission interviews on June 9, 2004 at 5:30 p.m.
A 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.
Mayor and Council Communications
The City Council wanted to know when the draft agreement between the Joint Water
Commission and the City of Minneapolis will be distributed. Thomas Burt will distribute the
draft agreement and updated the Council on the next step in the process.
Regular Meeting of the City Council
June 15, 2004
Page 8
Mayor and Council Communications - Continued
Mayor Loomis updated the Council on the Bassett Creek Water Management Commission
Administrative Options meeting she attended.
Mayor Loomis stated that a number of cities who are interested in discussing the smoking
ban will be meeting on June 16, 2004.
Adiournment
The Mayor adjourned the meeting at 7:09 p.m.
Linda R. Loomis,•
ATTEST:
Ja dy Nally,j, dministrative ssistant