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07-19-94 CC Minutes unsigned Regular Meeting of the City Council July 19, 1994 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 19, 1994 at 6:30 P�1. The following members were present: Johnson, Micks, Russell , Thompson and Tremere. Also present were: lJilliam Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes• City Council Meeting - May 24, 1994 MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the May 24, 1994 City Council Minutes as submitted. MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the May 24, 1994 City Council Minutes as amended: Resolution 94-37 - change Johnson vote to no. Approval of Agenda MOVED by Micks, seconded by Thompson and motion carried unanimously to approve the agenda of July 19, 1994 as amended: Addition of Mayor and Council Item - Task Force on Community Appearance and Maintenance. ,pproval of Consent Agenda P40VED by Johnson, seconded by Thompson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) , removing Communications and Petitions - Petition Regarding Traffic Situation on Kelly Drive. *Bills and Claims MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnsonlicensese#15257hom#15262nand�#661gcarried unanimously to authorize the �ssuance of *Minutes of Boards and Commissions MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - June 14, 1994 Black History Committee - July 7, 1994 Open Space and Recreation Commission - June 27 , 1994 Planning Commission - June 13 ande June 27, 1994 Human Services Foundation - July 11, 1994 ' I Regular P�eeting of the City Council July 19, 1994 Page 2 *Call for Public Hearin - Conditional Use Permit - 8901 Wa zata Boulevard - 8294 P�OVED by Johnson, seconded by Thompson and motion carried unanimously to call a public hearing to consider approval of a conditional use permit to operate a trade school/training program at 8901 Wayzata Boulevard for August 2, 1994. *Call for Public Hearin - Ordinance Amendment - Board of Zonin A eals Provisions - 8/2 94 MOVED by Johnson, seconded by Thompson and motion carried unanimously to call for a public hearing to consider an ordinance amendment regarding Board of Zoning Appeals provisions for August 2, 1994. Authorization to Apply for Recoqnition of Exemption 501 (c)(3) Status and Reallocation of Gamblinq Proceeds Jack Cole, Chair, Human Services Foundation, requested approval to send letters to funded organizations informing them of the short fall in the revenues and that their allocations will be decreased; and requested authorization from the Council for the Foundation to obtain 501 exemption status from the IRS. Allen Barnard answered questions regarding exemption status. MOVED by Thompson, seconded by Tremere and motion carried unanimously to accept the report from Jack Cole, and request the Attorney to report back to the Council on the formation of the Human Services Foundation as a nonprofit corporation and the impact and/or ramifications for the City. MOVED by Thompson, seconded by Micks and motion carried unanimously to authorize the Human Services Foundation Chair to send letters to funded organizations informing them of the short fall in the revenues and that all allocations are being reduced by a uniform percentage. Public Hearing - First Consideration - Ordinance #113 - Conditional Use Permit - � 6126-L lson Memorial Hiqhwav � The following ordinance was MOVED by Russell , seconded by Johnson: ORDINANCE #113, 2N0 SERIES AN OROINANCE AMENOING THE CITY CODE Approval of Conditional Use Permit No. 94-63 6126-28 Olson Memorial Highway, Golden Valley, Minnesota A. B. Huntington Inc. Applicant � }I v � N � Regular Meeting of the City Council July 19, 1994 Page 3 Public Hearing - First Consideration - Ordinance #113 - Conditional Use Permit - 612 -28 Olson Memorial Highway - Continued Mark Grimes introduced the agenda item. Paula Pentel , Planning Commissioner, stated the Commission recommended approval . A1 Gleekel , applicant, reviewed the request 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. MOVED by Russell , seconded by Johnson and motion carried unanimously to adopt Ordinance #113, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL- YES THOMPSON - YES TREMERE - YES Public Hearing - Amendment to Comprehensive Land Use Plan Map - 825 North Lilac Drive Mark Grimes, Director of Planning and Oevelopment, introduced the agenda item. Paula Pentel , Planning Commissioner, stated the Commission recommended the Council take no action to amend the Comprehensive Land Use Plan Map. 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. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 94-56 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN MAP RESPECTING PROPERTY AT 825 NORTH LILAC ORIVE 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: none; and the following voted against the same: Johnson, Micks, Russell , Thompson and Tremere; whereupon said resolution was declared duly defeated, signed by the Mayor and his signature attested by the City Clerk. MOVED by Tremere, seconded by Johnson and motion carried unanimously to direct the Planning Commission to examine the guiding of this property and area to determine the best ultimate use and report back to the Council as soon as possible. Regular Meeting of the City Council July 19, 1994 Page 4 Public Hearing_- Preliminar_y Plat Approval - 917 and 825 North Lilac Drive Mark Grimes, Director of Planning and Development, introduced the agenda item. Paula Pentel , Planning Commissioner, stated the Commission recommended approval . Mark Steinmetz, General Manager, KQRS, reviewed the preliminary plat 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. MOVED by Thompson, seconded by Micks and motion carried unanimously to approve the preliminary plat for 917 and 825 North Lilac Drive. Public Hearing - First Consideration - Ordinance #114 - Rezoning to Radio and lelevision Zoning District - 825 North Lilac Drive The following ordinance was MOVED by Thompson, seconded by Johnson: ORDINANCE #114, 2ND SERIES Rezoning from Open Development to Radio and Television Zoning District Portion of Property Located at 825 North Lilac Drive KQRS, Inc., Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item. The t�ayor 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. MOVEO by Russell , seconded by Johnson and motion carried unanimously to adopt Ordinance #114, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES MICKS - YES RUSSELL- YES THOMPSON - YES TREMERE - YES � Regular Meeting of the City Council July 19, 1994 Page 5 Public Hearinq - No Parkinq Restrictions - Portions of Winsdale Street and Wisconsin Avenue North :k Fred Salsbury, Director of Public Works, introduced the agenda item. Rick Jacobson, Director of Parks and Recreation, 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. Cary George, 1424 Wisconsin Avenue North, would like to remove his name from the petition, feels the parking problems will be shoved up the block, feels parking should not be allowed near the pathway or fire hydrant. Sheila Martin, 8135 Winsdale Street, supports the petition, is concerned for children safety on the pathway as cars park in front of fire hydrant and too near the pathway; and it is difficult for people to drive through the area when cars are parked on both sides of the street. Bill Gordon, 1419 Wisconsin Avenue North, stated the notice that was sent showed different parking restrictions and wanted clarification. The t�1ayor closed the public hearing. ; Member Johnson introduced the following resolution and moved its adoption: , � RESOLUTION 94-57 RESOLUTION RESTRICTING PARKING ON PORTIONS OF WINSDALE STREET AND WISCONSIN AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell , Thompson and Tremere; 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. Staff was requested to notify teams and/or users of the park to use the parking lot. � , Regular Meeting of the City Council July 19, 1994 Page 6 Public Hearinq - RSL 212 - Sumter Avenue North, Duluth Street to Winnetka Heights Drive Fred Salsbury, Director of Public Works, 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. Glen Brueske, 2000 Sumter Avenue North, stated he is in favor of the project. The Mayor closed the public hearing. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 94-58 RESOLUTION ORDERING CONSTRUCTION OF CER7AIN PROPOSED PUBLIC IMPROVEMENTS RSL 212 SUMTER AVENUE NORTH, DULUTH STREET TO WINNETKA HEIGHTS DRIVE 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: Johnson, Micks, Russell , Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the t4ayor and his signature attested by the City � Clerk. Public Hearing - Preliminary Plat Approval - Golden Hills West 2nd Addition Mark Grimes, Director of Planning and Development; and Fred Salsbury, Director of Public Works; introduced the agenda item and answered questions from Council . 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. Fred Butkovich, owns land next to the proposed plat and wants to know what will happen to the road he uses to get to his property. The Mayor closed the public hearing. MOVED by Johnson, seconded by Thompson and motion carried unaimoulsy to approve the preliminary plat for Golden Hills West 2nd Addition. The Council took a short recess. � Regular Meeting of the City Council July 19, 1994 Page 7 � i ; Petition and letters from Citizens Regarding Chanqes to P1TC Bus Routes on St. Croix Avenue Mark Grimes, Director of Planning and Development; and Fred Salsbury, Director of Public Works; answered questions from the Council . MOVED by Tremere, seconded by Russell and motion carried unanimously to receive and file the letters from Sarah Jirik, dated t4ay 31, and June 8, 1994; and the petitions from Sarah Jirik, received June 15 and June 20, 1994; and the letters from Lorraine and Olaf Aho, dated March 11, 1994; John Wright, dated March 28, 1994; and Mabel Young, dated June 7, 1994; and reqested that City Staff work with Hennepin County staff to make adjustments to the timing of the stop light to allow for a longer pedestrian/walk signal and notify those people who sent letters and/or signed petitions. Petition Regarding Traffic Situation on Kelly Drive MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and file the letter and petition from Mary McCarthy, dated June 30, 1994 regarding the traffic situation on Kelly Drive. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnosn, seconded by Thompson and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Permission to Serve Alcoholic Beverages in American Legion Parking Lot MOVED by Johnson, seconded by Thompson and motion carried unanimously to grant permission to the American Legion to serve alcoholic beverages in the parking lot at 200 North Lilac Drive, from 7:30 PM until 11:30 Ph1 on Saturday, July 30, 1994. *Permission to Serve Alcoholic Beverages in Veteran of Foreign Wars Parking Lot MOVED by Johnson, seconded by Thompson and motion carried unanimously to grant permission to the Veterans of Foreign Wars to serve alcoholic beverages in the parking lot at 7775 Medicine Lake Road, from 12:00 Noon to 4:30 PM on Sunday, July 31, 1994. *June, 1994 General Fund Budget Report MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the June, 1994 General Fund Budget Report. � Regular Meeting of the City Council July 19, 1994 Page 8 Approval for Hennepin Parks to Acquire Easement from Chicaqo Northwestern Railroad for North Hennepin Reqional Trail Rick Jacobson, Director of Park and Recreation; and Bob 4Jicklund, and Don King, representatives from Hennepin Parks; were present to review the trail and answer questions from the Council . Paula Pentel , Planning Commissioner, stated the Commission recommended approval . Member Micks introduced the following resolution and moved its adoption: RESOLUTION 94-59 RESOLUTION FOR APPROVAL FOR HENNEPIN PARKS TO PURCHASE TRAIL EASEMENT FROM THE CHICAGO NORTHWESTERN RAILROAD 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: Johnson, Micks, Russell , Thompson and Tremere; 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. Verban Staff Report - Olson Elementar_y School William Joynes updated the Council on the questions raised at the June 14, 1994 Council Meeting and the current status regarding the fire protection to the site. Allen Barnard answered questions regarding the land use/zoning issues. Fred Salsbury, Director of Public Works; answered questions regarding the water main and hydrants at the site. Robert Schafer, 7230 Green Valley Road, expressed concerns over the traffic in and out of the school , traffic and parking on the street, the use of the school year-round, day care at the school , proposals for ring road around the school , and the no parking restrictions on Kelly Drive. MOVED by Thompson, seconded by Micks and motion carried unanimously to call for an informal public hearing to consider designating Green Valley Road as a resident-only parking permit area for August 16, 1994. Regular Meeting of the City Council July 19, 1994 Page 9 Staff Report - Traffic Control Stud at Intersection of Louisiana Avenue and Market Street William Joynes introduced the agenda item. Fred Salsbury, Director of Public Works; answered questions regarding the study. MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize a complete signal justification report and feasibility study. *Authorization to Si n Termination A reement with Phoenix Home Life Mutual Insurance Com an Westwood Lake Office Park MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the Mayor and City Manager to sign the Termination Agreement of parking agreement with Phoenix Home Life Mutual Insurance Company for the Westwood Lake Office Park. *Authorization to Siqn Subrecipient Aqreement for 1994 CDBG Pro ram, Year XX and Th� rd Partv Aqreement with Greater Minneapolis Dav Care Association ��ember Johnson introduced the following resolution and moved its adoption: RESOLUTION 94-60 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1994 (YEAR XX) URBAN HENNEPIN ` COUNTY COP4MUNITY DEVELOPMENT BLOCK GRANT PROGRAM � E 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: Johnson, Micks, Russell , Thompson and Tremere; 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. MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the Mayor and City Manager to sign the Third Party Agreement with the Greater Minneapoiis Day Care Association. *Bids - 94 SI 1 (Laurel Avenue) and 94 SI 5 (Olympia Street) MOVED by Johnson, seconded by Thompson and motion carried unanimously to award the bid for 94 SI 1 (Laurel Avenue), and 94 SI 5 (Olympia Street), to the lowest responsible bidder, C. S. McCrossan, for $895,033.71. The bids were as follows: ORIGINAL BID CORRECTED BID C. S. McCrossan $895,033.71 Northwest Asphalt 922,259.89 Hardrives, Inc. 958-304.34 $958,284.34 Midwest Asphalt 948,733.05 982,733.05 Regular ��eeting of the City Counc� l July 19, 1994 Page 10 *Bids - Park Lighting Improvements at Scheid and Brookview Parks MOVEO by Johnson, seconded by Thompson and motion carried unanimously to award the bid for park lighting improvements at Scheid and Brookview Parks from the lowest responsible bidder, Killmer Electric for $62,677.75. The bids were as follo►vs: Killmer Electric $62,677.75 Collisys 84,816.00 ' Egan-McKay Electric 73,571.34 Northern Lights Award of Excellence for CityNews William Joynes stated that the city's general newsletter, CityNews has been recognized by the Minnesota Association of Government Communicators with a Northern Lights Award of Excellence. Cheryl Weiler, Communications Coordinator, was presented with the award at the MAGC conference. The Council congratuated Cheryl Weiler for receiving the award. Announcements of Meetings No discussion and/or action taken on this item. Ma_vor's Communications No discussion and/or action taken on this item. *Proclamation for Babe Ruth Week MOVED by Johnson, seconded by Thompson and motion carried unanimously to proclaim July 26 - August 1, 1994 as Babe Ruth Week. Community Survey The Council reviewed the draft copy of the survey and made suggested amendments to the survey. Staff was requested to review the amendments with Decision Resources and notify the Council on the status of the development questions. Budget Process - Approval of Amended 1995 Budget Calendar No discussion and/or action was taken on this item. Regular Meeting of the City Council July 19, 1994 Page 11 Task Force on Communit_y Appearance and Maintenance t�ayor Tremere updated the Council on the Task Force, membership and appointments, which will include eleven members: one representative from the Planning, Board of Zoning Appeals and Open Space and Recreation Commission; 2 representatives from the Golden Valley CLEAN ; 2 representatives from the RV/Boat Owners and 4 citizens-at-large. t4ayor Tremere and Council Member Russell will bring the charge back to the Council at its August 2 agenda for approval . Adjournment MOVED by Micks, seconded by Russell and motion carried unanimously to adjourn the meeting at 11:50 PM. B1 ai r Tremere, tAayor ATTEST: Judy Nally, Administrative Secretary