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03-02-92 City Council MinutesRegular Meeting of the City Council March 2, 1992 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 March 2, 1992 at 6:30 PM. The following members were present: Bakken, Johnson, Russell and Stockman; and the following was absent: Thompson. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: Council/Manager Meeting - February 11, 1992 and Cit Council Meeting 77'e-b-ruary 18, 1992 MOVED by Stockman, seconded by Russell and motion carried unanimously to receive and file the Council/Manager Meeting minutes of February 11, 1992 as submitted. MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the City Council minutes of February 18, 1992 as submitted. Approval of Agenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the agenda of March 2, 1992 as amended: Addition of Manager's Item - 1992 Community Service Officer (CSO)/Dispatcher Contract and Addition of Mayor and Council Item - Parking on Mary Hills Drive. Approval of Consent Agenda MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*), except removal of Communications and Petitions - Letter from West Suburban Mediation Center Regarding Activity Report. *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bids as submitted. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of license #13969 - #14008 and #6336 - #6352. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Black History Committee - February 13, 1992 Board of Zoning Appeals - February 11, 1992 Civil Service Commission - December 20, 1990; January 29, and February 28, 1991 • Regular Meeting of the City Council March 2, 1992 Page 2 0 Public Hearing - Storm Water Utility Fund William Joynes introduced the agenda item. Don Taylor, Finance Director, and Fred Salsbury reviewed the fund and answered questions from the Council and public. 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 South, asked if the charge will be a one time only charge, if the amount will increase each year, how will the charge be billed. The Mayor closed the public hearing. Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 92-12 RESOLUTION ESTABLISHING A STORM WATER UTILITY FUND AND THE MEANS OF FIXING CHARGES FOR STORM SEWER SERVICES The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, and Stockman; and the following was absent: Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Public Hearing - Second Consideration - Ordinance #84 - Conditional Use Permit - 8925 Wayzata Boulevard The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #84, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit No. 91-55 8925 Wayzata Boulevard, Golden Valley, Minnesota Wilkins Pontiac, Inc., Applicant 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 Stockman, seconded by Johnson and motion carried unanimously to adopt Ordinance #84, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT Regular Meeting of the City Council March 2, 1992 Page 3 • Public Hearing - Second Consideration - Ordinance #85 Hours and Days of Li *ales The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #85, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the City Code Respecting Hours and Days of Liquor Sales 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 Stockman, seconded by Johnson and motion carried unanimously to adopt Ordinance #85, 2nd Series. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT Public Hearinq - Second Consideration - Ordinance #86 Human Rights Commission Composition The following ordinance was MOVED by Stockman, seconded by Johnson: . ORDINANCE #86, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the City Code Respecting the Human Rights Commission 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 Stockman, seconded by Johnson and motion carried unanimously to adopt Ordinance #86, 2nd Series. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT • Regular Meeting of the City Council March 2, 1992 Page 4 . Public Hearin_ - Second Consideration - Ordinance #87 Recycling Program Definitions and Enforcement The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #87, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the City Code Regarding Storage, Collection and Transportation of Garbage Refuse, Yard Waste and Recyclables 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 Stockman, seconded by Johnson and motion carried unanimously to adopt Ordinance #87, 2nd Series. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT MOVED by Johnson, seconded by Russell and motion carried unanimously to approve publication of the summary ordinance. Approval of Court Stipulation - First and Second Consideration Ordinance #88 Amendment to Conditional Use Permit - 1900 Douglas Drive William Joynes introduced the agenda item. MOVED by Russell, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the Stipulation and Order for Dismissal with Prejudice between the City of Golden Valley and Gregory D. Malik. The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #88, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Conditional Use Permit 89-40 1900 Douglas Drive Gregory D. Malik, Applicant 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 Johnson, seconded by Russell and motion carried unanimously to adopt Ordinance #88, 2nd Series. Upon a roll call vote, the vote was as follows: . BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT Regular Meeting of the City Council March 2, 1992 Page 5 Approval of Court Stipulation - First and Second Consideration - Ordinance #88 - mendment to Conditional Use Permit - 1900 Douqlas Drive - Continued MOVED by Russell, seconded by Johnson and motion carried unanimously to suspend the rules and hold first and second consideration of the ordinance. The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #88, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Conditional Use Permit 89-40 1900 Douglas Drive Gregory D. Malik, Applicant 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 Russell, seconded by Johnson and motion carried unanimously to adopt Ordinance #88, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - ABSENT Letter from West Suburban Mediation Center Regarding Activity Report The Council requested staff to contact the Center and make arrangements to view the videotape presentation by the AMM Subcommittee on dispute resolution at a future meeting. *Approval of Primary Judges for Presidential Election Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 92-13 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON APRIL 7, 1992 The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, and Stockman; and the following was absent: Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Sign Request from E1 Torito Restaurants, Inc. MOVED by Johnson, seconded by Stockman and motion carried unanimously to grant the request submitted by E1 Torito Restaurants, Inc. to raise the existing pylon sign at their restaurant located at 6040 Wayzata Boulevard to a maximum height of 46 feet. 0 • 0 Regular Meeting of the City Council March 2, 1992 Page 6 *Approval of Plat - Egan Companies Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 92-14 RESOLUTION FOR APPROVAL OF PLAT - EGAN COMPANIES ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell and Stockman; and the following was absent: Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Approval of Plat - Wanda Addition Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 92-13 RESOLUTION FOR APPROVAL OF PLAT - WANDA ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, and Stockman; and the following was absent: Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Call for Public Hearin - Commun Year VIII - 311719Z Development Block Grant Pro ram (CDBG) - MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a Public hearing for consideration of the Community Development Block Grant Program (CDBG) Year XVIII for March 17, 1992 *Call for Public Hearing --Drainage and Utility Easement Vacation - 7105 Medicine Lake Koad 3/17/92 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call for a public hearing to consider a petition to vacate a drainage and utility easement at 7105 Medicine Lake Road on March 17, 1992. *Call for Public Hearin - Ordinance Amendment - Variances for Nonconformities in Parking Created by Governmental Acquisition - 3/17/92 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call for a public hearing to consider an ordinance amendment regarding variances for nonconformities in parking created by governmental acquisiton for March 17, 1992. Regular Meeting of the City Council March 2, 1992 Page 7 Amendment to 1992 Fee Resolution - Storm Sewer Basic Rate William Joynes introduced the agenda item. Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 92-16 RESOLUTION AMENDING FEE RESOLUTION NO. 92-2 The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, and Stockman; and the following was absent: Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Bids - Hydrostatic Tractor Rotary Mower MOVED by Johnson, seconded by Stockman and motion carried unanimously to award the bid for the purchase of one new 16 foot hydrostatic tractor rotary mower from the only bidder, MTI Distributing Company for $52,773.00. *Quotes - Fire Station Furniture MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase one sleeper sofa, two recliner chairs for Fire Station #1 from the lowest responsible bidder, Sears Ridgedale for $1,234.97. The quotes were as follows: Sears Ridgedale $1,234.97 A. C. Carlson Furniture 1,300.00 Harold Herman Furniture 1,300.00 Welcome Furniture 1,325.00 *Quotes - Self -Contained Breathing Apparatus MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase seven M.S.A. Ultralight II self-contained breathing apparatus from the lowest responsible bidder, Jefferson Fire & Safety, Inc. for $1,175.00/each for a total of $8,225.00. The quotes were as follows: Each Total Jefferson Fire & Safety, Inc. $1,175.00 $8,225.00 MN Conway Fire & Safety, Inc. 1,395.00 9,765.00 • 0 • Regular Meeting of the City Council March 2, 1992 Page 8 *Quotes - E-911 Equipment MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase an E-911 system from the bidder who will best meet the needs of the city, Motorola for $78,306.00. The quotes were as follows: Total Maintenance Monthly Cost Centralink (Motorola) $78,306.00 $180.00 $1,363.00 MAARS (US West) 77,164.00 400.00 1,566.00 Lifline (US West) 75,261.00 400.00 1,537.00 *Quotes - Park and Recreation Summer Clothing MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase park and recreation clothing for the 1992 summer programs from the lowest responsible bidder, Campbell Sports for $2,700.00. The quotes were as follows: Campbell Sports $2,700.00 Allstar Sports 2,762.00 Shirt Stars 2,931.00 Suburban Sports 3,008.00 Authorization to Hire Pool Architect William Joynes introduced the agenda item. MOVED by Russell, seconded by Stockman and motion carried unanimously to authorize the hiring of Gremmer-Ohm to formulate a feasibility study for the design of an outdoor aquatic center in Brookview Park for a total of $15,000.00. Deer Survey Results 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. Lyla Anderegg, 117 Westwood Drive South, requested the Council consider a ban on feeding the deer by residents. Alfred Anderegg, 117 Westwood Drive South, concerned because the deer are tame, there are a number of them and is concerned a serious traffic accident could occur. The Mayor closed the public hearing. MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the memo from Mark Grimes, dated February 28, 1992 and review the status of the deer population in the fall. Regular Meeting of the City Council March 2, 1992 Page 9 0 1992 Community Service Officer (CSO)/Dispatcher Contract William Joynes introduced the agenda item. MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the Mayor and Manager sign the 1992 contract with the Community Service Officer's/Dispatch as outlined in the Manager's memo dated March 2, 1992. Announcements of Meetings Mayor Bakken reviewed the meeting schedule for the NLC Conference in Washington, from March 7 - 10, 1992. Mayor's Communications No action taken. Board/Commission Reappointment Mayor Bakken introduced the agenda item: MOVED by Russell, seconded by Johnson and motion carried unanimously to make the rollowing reappointments: Planning Commission - 3 year term - expires March 1, 1995 Jean Lewis Building Board of Review - 3 year term - expires March 1, 1995 Jack Stratton Human Rights Commission - 3 year term - expires March 1, 1995 Willam Hobbs, Ruth Heaner, Carol Doten Open Space and Recreation Commission - 3 year term - expires 1, 1995 Tom Zins *Proclamation for Girl Scout Week MOVED by Johnson, seconded by Stockman and motion carried unanimously to proclaim March 8-14, 1992 as Girl Scout Week in Golden Valley. Parking on Mary Hills Drive Mayor Bakken introduced the agenda item. MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the letter from Larry Smith, dated February 23, 1992; refer it to staff to research the history of the area and report back to the Council in early April. Mayor Bakken will send a letter to Larry Smith informing him of the Council action. 0 Regular Meeting of the City Council March 2, 1992 Page 10 Adjournment MOVED by Russell, seconded by Stockman and motion carried unanimously to adjourn the meeting at 7:40 PM. ATTEST: �fl u y a y, Administ tive Secretary f v