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01-17-89 CC Minutes Regular Meeting of the City Council January 17, 1989 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 January 17, 1989 at 6:30 PM. The following members were present: Anderson, Bakken (arrived 6:32 PM), Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Marinus VanPutten, Acting City Attorney; and Pat Butler, Acting Deputy City Clerk. Approval of Minutes Mayor Anderson stated the Deputy City Clerk would be out for a while so the minutes would be approved at a future meeting, Approval of Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the agenda of January 17, 1989 as amended: Communications and Petitions - Letter from General Mills regarding I-394. Approval of Consent Agenda MOVED by Bakken, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), adding under Communications and Petitions - Letter from General Mills Regarding I-394. *Bills and Claims MOVED by Bakken, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Bakken, seconded by Stockman and motion carried unanimously to authorize the issuance of license #12280 to #12291 and #5984 to #5985. *Charitable Gambling Exemption Waiver - St, Margaret Mary Home and School MOVED by Bakken, seconded by Stockman and motion carried unanimously to receive and file the charitable gambling exemption waiver for St. Margaret Mary Home and School . *Minutes of Boards and Commissions MOVED by Bakken, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Building Board of Review - November 7, 1988 and January 4, 1989 Regular Meeting of the City Council January 17, 1989 Page 2 Public Hearing - Second Consideration - I-394 Overlay Zoning Ordinance - First Consideration - Authorization to Sign Golden Valley St. Louis Park Joint Powers Agreement William Joynes introduced the item and recommended the Council continue the public hearing to February 21, 1989 to allow St. Louis Park time to taken action on the ordinance. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Mr. Robin Richmond, 234 South Kentucky, was concerned over comments made by developers who attended the first consideration of the ordinance. He supports the ordinance, but feels we need to deal with the effect future developments will have on transportion. The Mayor closed the public hearing. MOVED by Thompson, seconded by Johnson and motion carried unanimously to continue the public hearing for consideration of the I-394 Overlay Zoning Ordinance and the Joint Powers Agreement to February 21, 1989. Public Hearings - Resolution for Amendment to Comprehensive Land Use Plan - 950, 2000, 20 0 an 2020 Douglas Drive; and First Consi eration - Rezoning to Commercia Zoning District - 95 , 2 0, 20 0 an 2 2 Doug as Drive an First Consideration - Conditional Use Permit - 950 Douglas Drive These items are all relating to the same piece of property and therefore were considered at the same time. Gary Gandrud, Faegre and Benson and Dan Parkers, Parker and Associates, Proponent; and Mike Wirtanen, Wirtanen Clark Larson Architects, presented amended plans after meeting with the Planning Commission and the neighborhood, and answered questions from the Council . Peggy Leppik, Planning Commission, reviewed the Commission's recommendations and comments on all three items before 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. Joe Mastrian, 2101 Brunswick Avenue North, questioned how people were notified of the items before the Council , stated if the project is approved he wants proper buffering; and is concered over future development of the area. Robert Fields, representing the owner of the property at Douglas Drive and Duluth Street, stated future plans for that location include building a Super America and therefore they are opposed to the installation of gas pumps across the street. Regular Meeting of the City Council January 17, 1989 Page 3 Public Hearings - Resolution for Amendment to Comprehensive Land Use Plan - 950, 2000, 20 0 and 2020 Douglas Drive; First Consideration - Rezoning to Commercial Zoning District - 950, 2000, 2010 and 2020 Douglas Drive an First Consi eration - Conditional Use Permit - 950 Douglas Drive - Continued Bob Parzyck, 2005 Brunswick Avenue North, he is concered over the buffer area by his property and stated someone was supposed to contact him about planting trees on his property but he has heard nothing yet. He further stated he already has one parking lot adjacent to his yard and is not happy with the prospect of another parking lot on the other side. He requested the neighborhood be notified of any future meetings regarding the property. Helen Brown, 2000 Douglas Drive, concerned over the additional traffic the project would generate but feels the project would not be a detriment to the neighborhood. Bev Kottas, H & I Enterprises, 7925 Wayzata Boulevard, stated she operates the gas station on the corner of Duluth and Douglas and is concerned about cross-over traffic in the area and feels the construction of a median at the intersection would alleviate some of the problems. Elinor Snodgrass, 1945 Brunswick Avenue North, stated the property in the neigh- borhood should be changed as the houses are getting old and deteriorating and feels if the project is property landscaped it would be okay. The Mayor closed the public hearing. MOVED by Bakken, seconded by Johnson and motion carried unanimously to to deny the resolution for amendment to the Comprehensive Land Use Plan for 1950, 2000 2010 and 2020 Douglas Drive. Gary Gandrud requested that consideration of the rezoning to commercial zoning district and the conditional use permit be tabled to allow the Planning Commission time to review and recommend the land use designation for the area. MOVED by Bakken, seconded by Johnson and motion carried unanimously to table first consideration, the rezoning to commercial zoning district and conditional use permit until the Planning Commission has reviewed and recornmends a land use designation for the area from Duluth Street to Medicine Lake Road and Douglas Drive to Brunswick. Staff was requested to report back to the Council , within a month, a proposed process for the study and evaluation of the Duluth/Douglas area, including how it will be done, who will do it and a proposed time frame. Staff was also requested to identify, list and report back to the City Council for future consideration by the Planning Commission any areas within the city where the potential for spot zoning problems could occur. Regular Meeting of the City Council January 17, 1989 Page 4 Public Hearings - 89 LF 1 (Lateral Fund) and 89 WM 1 (Water Main) - 7925 Wayzata Boulevar Lowell Odland stated that because both projects were for the same piece of property they be considered at the same time. He then presented the project. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Bev Kottas, H & I Enterprises, 7925 Wayzata Boulevard, stated because of the construction of I-394 it is now feasible to hook up to the water and sewer system, but questioned why the construction costs were so high. The Mayor closed the public hearing, Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 89-3 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 89 LF 1 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, Stockman and Thompson; 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 Deputy City Clerk. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 89-4 RESOLUTION APPROVING PLANS AND SPECIFICATIONS 89 LF 1 The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 89-5 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 89 WM 1 The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. Regular Meeting of the City Council January 17, 1989 Page 5 Public Hearings - 89 LF 1 (Lateral Fund) and 89 WP1 1 (Water h�ain) - 7925 Wayzata Boulevard - Continued Member Thompson introduced the following resolution and rr�ved its adoption: RESOLUTIOPd 89-6 RESOLUTION APPROVING PLANS AND SPECIFICATIONS 89 WM 1 The r�otion for the adoption of the foregoing resolution was seconded by hlember Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was decla red duly passed and adopted, signed by the P�layor and her signature attested by the Deputy City Clerk. *Letter from Ms. Jane Phegley (Zimmerman) Regardi ng Plowi ng and Sandi ng of Streets MOVED by Bakken, seconded by Stockman and rration carried unanimously to receive and file the letter from P1s. Jane Phegley (Zimmerman), dated January 9 , 1989, rega rdi ng pl owi ng and sandi ng of streets. *Letter from General Mills Regarding I-394 MOVED by Bakken, seconded by Stockman and riotion carried unanimously to receive and file the letter from Robert P. Walton, Director of Corporate Real Estate, dated January 12, 1989, regarding I-394. Approval of Five Year Municipal State Aid Program Lowell Odland introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the five year Municipal State Aid Program and forward said program to the State. *Approval of P1nDOT Agency Agreement P�ember Bakken introduced the following resolution and moved its adoption: RESOLUTION 89-7 RESOLUTION AUTHORIZING TNE SIGNING OF TNE MINNESOTA DEPARTP7ENT OF TRAPJSPORATION AGENCY AGREEMENT (FEDERAL AID FORM N0. III) The motion for the adoption of the foregoing resolution was seconded by hlember Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thor�pson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the P�ayor and her signature attested by the Deputy City Clerk. Regular Meeting of the City Council January 17, 1989 Page 6 Resolution Adopting 1989 Budgets of Equipment Replacement, guilding and Park Improvement Capital Projects Funds Don Taylor, Finance Director, introduced the agenda item and answered questions f rom the Coun ci 1 . Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 89-8 RESOLUTION ADOPTING THE 1989 BUDGETS OF THE EQUIPr�IENT REPLACEMENT, BUILDING AND PARK IMPROVEN1ENT CAPITAL PROJECTS FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. MOVED by Johnson, seconded by Thor�pson and motion carried unanimously to receive and file the Capital Improvement Program for 1989. *Preliminary December, 1988 General Fund Budget Report MOVED by Bakken, seconded by Stockman and motion carried unanimously to receive and file the preliminary December, 1988 General Fund Budget Report. Resolution Authorizing Year-End Appropriation Adjustments to the 1988 General Fund Budget William Joynes reviewed the adjustments and answered questions from the Council . Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 89-9 RESOLUTION AUTHORIZING YEAR-END APPROPRIATION ADJUSTMENTS TO THE 1988 GEPJERAL FUND BUDGET The motion for the adoption of the foregoing resolution was seconded by Plember Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; and the following voted against the sar�e: none, whereupon said resolution was declared duly passed and adopted, signed by the P9ayor and her signature attested by the Deputy City Clerk. *Authorization to Hire Architect for Public Works Building MOVED by Bakken, seconded by Stockman and motion carried unanimously to authorize the hiring of Toltz, King, Duvall , and Anderson (TKDA) to provide architectual services for the design of the public works buidings (Park Maintenance and Vehicle P�aintenance). Regular Meeting of the City Council January 17, 1989 Page 7 Authorization to Hire Consultant for IRS Section 89 Testing and Analysis William Joynes reviewed the Section 89 tax law and answered questions from the Council . MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize the hiring of DCA Inc. to provide Section 89 consulting services for $7,900.00. *Call for Public Hearing - Ordinance Amendment - Residential Zoning Code - "Resi ential Facility" De inition - 2 7 9 MOVED by Bakken, seconded by Stockman and motion carried unanimously to call a public hearing to consider an amendment to the Residential Zoning Code to expand the definition of "Residential Facility" to include facilities operated under the Hennepin County Level IV Board and Lodging Program for February 7, 1989. *Call for Informal Public Hearing - No Parking - T.H. 55 Frontage Road - 2/21/89 MOVED by Bakken, seconded by Stockman and motion carried unanimously to call for an informal public hearing to consider no parking restrictions on the T.H. 55 Frontage Road at Douglas Drive for February 21, 1989. *Call for Public Hearing - Easement Vacation - V.F.W. - 2/21/89 MOVED by Bakken, seconded by Stockman and motion carried unanimously to call a public hearing to consider a request by the V.F.W. to vacate the existing utility easements to allow for the expansion of their present building for February 21, 1989. *Bids - Purchase of 5 Gang Mower MOVED by Bakken, seconded by Stockman and motion carried unanimously to award the bid for the purchase of a 5 gang reel mower from the only bidder to meet specifications, N. Star Turf for $16,995.00. The bids are as follows: N. Star Turf $16,995.00 Lesco 14,520.00 *Quotes - Purchase of Public Safety Building Video Surveillance/Security System MOVED by Bakken, seconded by Stockman and motion carried unanimously to purchase a video surveillance/security system for the Public Safety Department from the lowest responsible bidders, McGann & Associates, Inc. for $14,868.00. The quotes were as follows: Videotronic, Inc. $16,295.00 McGann & Associates, Inc. 14,868.00 Regular �leeting of the City Council January 17, 1989 Page 8 *Quotes - Purchase of Golf Course Pesticides P10VED by Bakken, seconded by Stockman and motion carried unanimously to purchase the following golf course pesticides - Tersan 1991 for $483.84; Chipco 26019 for $844.80; Dacemil 2787 for $637.50; Banner for $1,488.00; Calo-Clor for $1 ,017.00; Aqua Cro for $355.00; PP1AS for $771 .40 and Dursban for $280.20; from the lowest responsible bidders**. The quotes are as follows : Product Quantity Turf Supply Howe Brayton Tersan 1991 36 lbs $13.50 no bid $13.44** Chipco 26019 12 gal 70.40** no bid 71.19 Dacemil 2787 25 gal 25.50** $29.15 29.40 Banner 8 gal 186.00** 224.25 182.00 Calo-Clor 50 lbs 20.65 no bid 20.34** Aqua Gro 500 lbs .96 no bid .71** PMAS 20 gal 45.00 no bid 38.57** Dursban 30 lbs no bid no bid 9.34** *Quotes - Purchase of Replacement Brooms P�OVED by Bakken, seconded by Stockman and motion carried unanimously to purchase replacement brooms (Milwaukee Dustless) for the street cleaning equipment from the only distributor in �linnesota, �4acQueen Equipment, Inc. for $3,798.00. *Bids - 88 SS 1 (Storm Sewer), Natchez Pond MOVED by Bakken, seconded by Stockman and motion carried unanimously to award the bid for the construction of a new outlet for Natchez Pond to the lowest responsible bidder, F. F. Jedlicki for $93,425.00. The bids were as follows : F. F. Jedlicki $ 93,425.00 J. P. Norex, Inc. 93,657.80 0 & P Contracting 99,083.00 Glendale Contracting 99,526.00 Dave Perkins Contracting 99,662.00 Barbarossa & Sons 104,820.00 Sevcon, Inc. 105,480.00 S & M Hentges & Sons 106,606.00 Lametti & Sons 111,082.00 G. L. Contracting 111,536.20 Burschville Construction 112,996.00 Progressive Constractors 118,132.70 Albrecht Excavating 139 ,787.50 Call for Public Hearing - Ordinance Amendment - Establishment and Extension of I-394 �1oratorium - 2/7/89 William Joynes introduced the agenda item. ��10VED by Thompson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an ordinance amendment to establish and extend the development moratorium on property in the I-394 corridor included in the proposed I-394 Overlay District for February 7 , 1989. Regular Meeting of the City Council January 17, 1989 Page 9 Announcements of Meetings Council Member Bakken updated the Council on the Legislative Meeting held. Senator Jim Ramstad and Representative Jim Heap will meet with Mayor's and Manager's from Golden Valley, Minnetonka, Plymouth and Wayzata on February 3, 1989 at the Brookview Community Center to discuss local legislative issues. Mayor's Communications Mayor Anderson requested the Council Members turn in their City Manager Evaluation forms to her. The Council discussed the process for the public hearing on the Group Home. The Human Rights Commission should receive the packet of information previously reviewed by the City Councill and Planning Commission. Adjournment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 9:20 PM. �� �������� ary E. nderson, Mayor ATTEST: y Nal y, Deputy ity Clerk