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:
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,Idy Nall Administrativ Assistant