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06-01-99 CC Minutes Regular Meeting of the City Council June 1, 1999 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, 1999 at 6:30 p.m. The following members were present: Anderson, Johnson, LeSuer and Micks; and the following was absent: Bakken. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; 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. *Thank You Letter from William Anderl Regarding Street Repairs MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the thank you letter from William Anderl, dated April 29, 1999 regarding street repairs. *Receipt of West Suburban Mediation Center 1999 First Quarter Report MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the West Suburban Mediation Center 1999 First Quarter Report. Communication Regarding General Mills, James Ford Bell Facility and City Council Meeting Tapes William Joynes stated he received a call from Don Paquette who lives in the area near General Mills, James Ford Bell facility. He was unable to write a letter and requested Mr. Joynes to inform the Council for the record that he is a former DNR employee and he supports the expansion of the facility as they have been good environmental stewards. Mayor Anderson had requested that staff check into the comment in the letter to the editor about the City Council tapes not being available at the library. The comment in the letter to the SunPost Editor said that there were some gaps in the tape. William Joynes stated that staff went to the library and checked the tape and found there were no gaps. He stated that there were two sections in the tape where Mr. Birno spoke and that perhaps Mr. Orndorff didn't go far enough into the tape. He further stated the tapes are duplicated by staff and placed at the library. The public can view the tapes at the library or at city hall. Regular Meeting of the City Council June 1, 1999 Page 2 Approval of Minutes: City Council Meeting - May 18, 1999 MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the City Council Meeting minutes of May 18, 1999 as amended: Informal Public Hearing - Truck Highway 100 Sound Wall Height - Vicinity of Valley Community Presbyterian Church - 3100 Lilac Drive North - Resolution 99-38 - Mayor Anderson abstained from voting; and Bids - Xenia Avenue and Turner's Crossroad Reconstruction - 99 SI 1 - removed "unanimously" from motion. Approval of Agenda MOVED by LeSuer, seconded by Johnson and motion carried unanimously to approve the agenda of June 1, 1999 as submitted. Approval of Consent Agenda MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda as amended: Removal of Minutes of Boards and Commissions - Bassett Creek Water Management Commission -April 15, 1999. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the issuance of licenses #17451 to #17506 and #7177 to #7183. *Gambling License Exemption and Waiver of Notice Requirement-YMCA MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the YMCA. Regular Meeting of the City Council June 1, 1999 Page 3 *Fireworks Display - Fire Relief Association Street Dance MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the fireworks display for the Fire Relief Association Street Dance to be held on June 12, 1999 at the Chester Bird American Legion Post#523. *Taxi Driver Licenses MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Solicitor's License - Sierra Club MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the solicitor's license for Sierra Club. *Peddler's License - Superstar Sales MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the peddler's license for Superstar Sales. On-Sale, Off-Sale, Sunday Sale, Club and Wine Liquor License Renewals William Joynes introduced the agenda item and stated that all licenses can be approved unconditionally. MOVED by Johnson, seconded by Micks and motion carried unanimously to authorize the renewal of the following liquor licenses: Off Sale - Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits; D'Amico Catering d/b/a D'Amico Beverage Services; Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel; FTL Corporation d/b/a MGM Liquor Warehouse; RZMP Corporation d/b/a Schuller's Tavern; Queen's Plaza Liquors, Inc. d/b/a United Liquors #2; S.G.S. Enterprises, Inc. d/b/a Westview Liquors. On Sale and Sunday Sale - Cliff Corporation d/b/a Doolittle's (includes attached, gated outdoor patio on West side of building); D'Amico Catering, Inc. d/b/a The Metropolitan Ballroom and Clubroom; Golden Valley Country Club; MBD, Inc. d/b/a LaCasita; MBA Enterprises LLC d/b/a Metropole; GMRI Inc. d/b/a Red Lobster; RZMP, Inc. d/b/a Schuller's Tavern; Scoreboard, Inc. d/b/a JJ's Clubhouse (includes enclosed patio on south side of building); and The Samurai, Inc. d/b/a Benihana. Regular Meeting of the City Council June 1, 1999 Page 4 On-Sale, Off-Sale, Sunday Sale, Club and Wine Liquor License Renewals - Continued Club On Sale and Sunday Sale - Chester Bird American Legion Post No. 523 and Golden Valley VFW Post 7051. Wine On Sale (including strong beer) - August Moon Restaurant, Inc.; D'Amico and Sons, Inc. d/b/a D'Amico and Sons; and Piazza's Ristorante. *Minutes of Boards and Commissions MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals -April 27, 1999 Planning Commission - May 10, 1999 Human Services Foundation - May 10, 1999 Minutes of Boards and Commissions - Bassett Creek Water Management Commission -April 15 ,1999 Council Member Micks had questions regarding the minutes. William Joynes and Jeannine Clancy answered questions from the Council. MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the Bassett Creek Water Management Commission minutes of April 15, 1999. Public Hearing - Preliminary Plat Approval - 6909 Olympia Street and 1525 Jersey Avenue North Mark Grimes, Director of Planning and Development introduced the agenda item. Bradley Bisell, 6909 Olympia Street, reviewed the preliminary plat and requested the Council approve the plat. Lester Eck, Planning Commission, presented the Commission report. 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 Micks and motion carried unanimously to approve the preliminary plat for 6909 Olympia Street and 1525 Jersey Avenue North subject to the following conditions: Regular Meeting of the City Council June 1, 1999 Page 5 Public Hearing - Preliminary Plat Approval - 6909 Olympia Street and 1525 Jersey Avenue North - Continued 1. The owner(s) will grant the City any easements that are necessary as required by the City Engineer. 2. The applicant will now prepare a final plat that is consistent with the sketch plan for the minor subdivision. 3. Because no new lots are being created, a park dedication fee will not be required. Informal Public Hearing - First Consideration - Ordinance #203 - Massage Parlors, Saunas and Other Adult Oriented Services The following ordinance was MOVED by Micks, seconded by LeSuer: ORDINANCE NO. 203, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Regarding Massage Parlors, Saunas and Other Adult Oriented Services William Joynes introduced the agenda item. Dean Mooney, Director of Public Safety reviewed the amendments and proposed license fees and answered questions from the Council. Allen Barnard answered questions regarding the process for amending the proposed ordinance. Cheri Ross, 2732 Quebec Avenue North, thanked the Council for considering her request to amend the ordinance and feels that this will strengthen the license and agrees with the safeguards that have been added to the amendment. 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 LeSuer, seconded by Micks and motion carried unanimously to approve Ordinance #203, 2"d Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN -ABSENT JOHNSON -YES LESUER -YES MICKS -YES MOVED by Micks, seconded by LeSuer and motion carried unanimously to amend Ordinance #203 by deleting Section 15 in its entirety. Regular Meeting of the City Council June 1, 1999 Page 6 Informal Public Hearing - Second Consideration - Ordinance #202 - Adoption of Amendment to 1998 State Building Code - Facilities for the Handicapped The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE NO. 202, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment Adopting the Amended State Building Code Regarding Facilities for the Handicapped 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 Micks and motion carried unanimously to approve Ordinance #202, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN -ABSENT JOHNSON -YES LESUER -YES MICKS - YES Continued Public Hearing - Drainage and Utility Easement Vacation - 6020 Wayzata Boulevard William Joynes introduced the agenda item. 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 Micks, seconded by Johnson and motion carried unanimously to continue the public hearing for the drainage and utility easement vacation for 6020 Wayzata Boulevard until July 6, 1999. `Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the beer and/or wine at Brookview Park. *Receipt of April 1999 General Fund Budget Report MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the April 1999 general fund budget report. Regular Meeting of the City Council June 1, 1999 Page 7 *Authorization to Sign Joint Cooperation Agreement With Hennepin County For Participation in the Urban Hennepin County Community Development Block Grant Program in 2000-2002 Member Micks introduced the following resolution and moved its adoption: RESOLUTION 99-41 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000-2002 The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, and Micks; and the following was absent: Bakken, 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 and Union Pacific Railroad Company for Railroad Crossing Signal at Golden Valley Road Member Micks introduced the following resolution and moved its adoption: RESOLUTION 99-42 RESOLUTION ENTERING INTO AGREEMENT NO. 77721 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE UNION PACIFIC RAILROAD COMPANY FOR RAILROAD CROSSING SIGNALS AT GOLDEN VALLEY ROAD The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, and Micks; and the following was absent: Bakken, 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 Issuance and Sale of $5,015,000 General Obligation Improvement Bonds, Series 1999B for Street Improvement Project Member Micks introduced the following resolution and moved its adoption: RESOLUTION 99-43 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $5,015,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999B Regular Meeting of the City Council June 1, 1999 Page 8 Authorize Issuance and Sale of $5,015,000 General Obligation Improvement Bonds, Series 1999B for Street Improvement Project - Continued The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, and Micks; and the following was absent: Bakken, 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 - Comprehensive Plan Amendment - Transportation Plan Element - 6/14/99 William Joynes introduced the agenda item. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to call for a public hearing to consider an amendment to the Comprehensive Plan Amendment, Wastewater Plan Element for June 14, 1999. Call for Public Hearing - Comprehensive Plan Amendment - Wastewater Plan Element 6/14/99 William Joynes introduced the agenda item. Jeannine Clancy answered questions from the Council. MOVED by Micks, seconded by LeSuer and motion carried unanimously to call for a public hearing to consider an amendment to the Comprehensive Plan Amendment, Wastewater Plan Element for June 14, 1999. *Bids - Contract Sealcoating MOVED by Micks, seconded by LeSuer and motion carried unanimously to award the bid for 1999 contract sealcoating to the lowest responsible bidder, Pearson Brothers Inc. for $42,475.78. The bids are as follows: Allied Blacktop Co. $44,364.45 Asphalt Surface Technologies (Astech) 48,418.71 Bituminous Roadways, Inc. 47,793.09 Pearson Brothers Inc. 42,475.78 Regular Meeting of the City Council June 1, 1999 Page 9 `Bids - Striping MOVED by Micks, seconded by LeSuer and motion carried unanimously to award the bid for 1999 annual pavement management striping contract to the lowest responsible bidder, Precision Pavement Marking for$16,312.00. The bids are as follows: Precision Pavement Marking $16,312.00 AAA Striping Services 17,654.20 *Quotes - Dump Body and Hydradulics MOVED by Micks, seconded by LeSuer and motion carried unanimously to purchase one dump body and hydraulic system from the lowest responsible bidder, J-Craft, Inc. for $8,764.66. The quotes were as follows: J-Craft, Inc. $8,764.66 L-Z truck Equipment Co. 14,669.00 Midland Equipment Co. 8,934.25 Announcements of Meetings The next Council/Manager Meeting is June 8, 1999 at 5:30 p.m. The next Housing and Redevelopment Authority Meeting is June 8, 1999 at 7:00 p.m. The next City Council Meeting is Monday, June 14, 1999. Mayor and Council Communications No action and/or discussion took place. Introduction of Hennepin County Attorney -Amy Klobuchar Amy Klobuchar, Hennepin County Attorney, introduced herself, and Emilie Johnson, who is the liaison from the HC Attorney's office to the Golden Valley Police Department. She updated the Council on the activities of her office and answered questions from the Council. Regular Meeting of the City Council June 1, 1999 Page 10 Call for Administrative Hearing - Hotel License Renewal - Minninns Inc. d/b/a Golden Valley Travelodge - 6/14/99 William Joynes introduced the agenda item and answered questions from the Council. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 99-44 RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING REGARDING RENEWAL OF HOTEL LICENSE MINNINNS INC., D.B.A. GOLDEN VALLEY TRAVELODGE 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, Johnson, LeSuer, and Micks; and the following was absent: Bakken, 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. Adjournment The Mayor adjourned the meeting at 7:46 p.m. Mary E nderson, Mayor ATTEST: •(LL ALLil I U y Nally, dministrative Scretary