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03-14-95 CC Minutes unsigned Regul ar "�leeti ng of the City Council March 14, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the C�ty of Gulden Valley, Hennepin County, "linnesota �.vas held at 7800 Golden Valley Road in said City on ^larch 14, 1995 at 7 :00 P��. The follo�f�ing members were present: Johnson, �1icks, �ussell , Thompson, and Tremere. Also present �rrere: �,Jilliam Joynes, City "�anager; Allen 3arnard, City Attorney; and Judy Nally, �dministrative Secretary. Approval of 4qenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the agenda of `�arch 14, 1995 as amended: 4ddition of Communications and Petitions - Letters from '�larilyn Pocius, '�Joodrow and Verna Johnson; Jeff Lillemoe and Tom Schmidt; and Reese �,Jilliams Regarding 94 SI 10. A�roval �f Cansent A�enda P�OVED by Thompson, s�conded by Russell and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*) , removing Communications and Petitions - Letter from Sue Anderson Regarding Schaper Property. *Bills and Claims MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize payment of the bids as submitted. *Licenses MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize the issuance of license #15337 - #15376 and #6658 -#6681. *Peddler' s License - Chester Bird Legion MOVED by Thompson, seconded by Russell and motion carried unanimously to approve the peddler' s license for Chester Bird Legion. *Minutes of Boards and Commissions MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the minutes received as follows: Community Standards Task Force - February 22, 1995 31ack History Committee - March 2, 1995 Human Rights Commission - February 9, 1995 Board of Zoning Appeals - February 14, 1995 Planning Commission - February 27, 1995 Regular '1eeting of the City Council �arcn 14, 1995 Page 2 *Call for Public Hearina - Preliminar Desi n Plan Anproval - Amendment �4 - PUD �28 - Pondwood Office Park - 4/4/95 MOVED by Thompson, seconded by Russell and motion carried unanimously to call a public hearing to consider preliminary design plan approval for Amendment �4, ?UD �28, Pondwood Office Park for April 4, 1995. Public Hearing - RSL 214 - RSL 213 - Turnpike Road, Lawn Terrace to Radisson Road �red Salsbury, Director of Public Works, presented the project. He stated that Kathy McIntyre, 625 Turnpike Road, called to say she was opposed to the lighting. The `�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views �hereon. 3ob ��cCoy, 549 Turnpike Road, in favor of lights because he feels yard lights are not enough, �he street is dark, windy, and hilly and there are no sidewalks. Tony I_emaire, 617 Turnpike Road, opposed, he likes the quiet, dark and country look of the area. '�illiam and Marta Berge, 524 Turnpike Road, opposed, he spoke for he and his wife, and stated they moved there because there was no lighting, and doesn 't feel there is any peril or danger to warrent installation of lights. �ary Hipp, 633 Turnpike Road, opposed, likes country feeling of the area as the area doesn 't feel like its in the city, and feels people can use their own yard lights. Clayton Harlow, 616 Turnpike Road, opposed, likes the seclusion and beauty of the area and presented a letter from Francis and Jean Phelan, 508 Turnpike Road, ��ho are opposed to the lights. Gervaise Westerman, 601 Turnpike Road, in favor of lights, concerned for safety of children. Arthur lde, 541 Turnpike Road, in favor of lights because he has been robbed three times and feels the lighting will be a safety factor and maybe enhance the area and property values. The P�ayor closed the public hearing. Reqular Meeting of the City Council i�arcn 14, 1995 � Page 3 Public Hearinq - RSL 214 - RSL 213 - Turnpike Road, Lawn Terrace to Radisson �oad - �.ontinued "lember T'�ompson introduced the following resolution and moved its adoption: RESOLUTION 95-28 RESOLUTIOhJ ORDERING CONSTRUCTION OF CERT,AIN PROPOSED P!JBLIC If�PROVEMENTS RSL 214 TURNPIKE ROAD, LAWN TERRACE TO R4�ISSON ROAD T�he motion for the adoption of the foregoing resolution was s2conded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Johnson , '�icks, Russell , Thompson and Tremere; and the follor�ing voted against the same: non?, �.dherPupon said resolution was declared duly passed and adopted, signed by the �1ayor and his signature attested by the City Clerk . '10VED by Thompson , seconded by Russell and motion carried to bring R�solution 94-83 on the table. "�ember Micks introduced the following resolution and moved its denial : RESOLUTION 94-83 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IP�PROVEPIENTS RSL 213 TURNPIKE ROAD AND LAWN TERRACE 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: Johnson, Micks, Russell , Thompson and Tremere; and the following voted against the same: none; whereupon said resolution was denied. Public Hearing - First Consideration - Ordinance �124 - Adootion of Amended State !3uilding Code The following ordinance was MOVED by Thompson, seconded by Micks: ORDINANCE #124, 2ND SERIES AN ORDINANCE AMENOING THE CITY CODE (Amendments to the City Code Adopting The Amended State Building Code) l�illiam Joynes introduced the agenda item. "lark Kuhnly, Chief, Fire and Inspections, was available to answer questions. The Mayor opened the meeting for public input and oersons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the ��ayor closed the public hearing. "�OVED by Thompson, seconded by Micks and motion carried unanimously to adopt Ordinance #124, 2nd Series. Upon a roll call vote, the vote was as follows: JOHNSON - YES RUSSELL - YES TNOMPSON - YES MICKS - YES TREMERE - YES Regular "1�etinq of the City Council P�arcn 14, 1995 page 4 Letter from Sue 4nderson ?�qardinq Schaper Pro�er�v Counci 1 `'ember "1i cks r�vi e���ed the 1 etter. ';Jilliam Joynes sugg�sted the Council discuss '�he ' �tter when the public hearing is held on the Ooen Space and Recreation �ommission ' s Athletic Facility Subcommittee Proposal . �10VE'J by Micks, s�conded by Johnson and motion carried unanimously to receive and file the lett�r from Sue Anderson, dated �ebruary 25, 1995 regar�ing Schaper Property. *Letter `rom Jan areen Ze ardinq Resident �uide ��10VED by �nompson, seconded by Russell and :-�otion c�rried unanimously to receive and file the letter from Jan Gr�en, d�ted F�bruarv 23 , 1995 regarding the resident �uide. *Lett�r *rom Jean and Roqer Sorenson; and '`-.ndrea and David Shapio Reqarding RS� 214 ��OVED by Thompson, seconded by Russell and �notion carried unanimously to rAceive and file the letter from Jean and 2oger Sorenson, dated February 23, 1995; and Andrea and David Shapiro, dated �larch 8, 1995 regarding RSL 214. Letters from Marilyn Pocius, �:�oodro�� and Verna Johnson; Jeff I_illemoe and Tom Schmidt; and Reese lJilliams Reqardinq 94 SI 10 MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the letter from Marilyn Pocius, dated, March 10, 1995; 'nloodrow and Verna Johnson, dated March 10, 1995; Jeff Lillemoe and Tom Schmidt, dated "�arch 14, 1995; and Reese !Jilliams, r�ceived "larch 14, 1995 regarding 94 SI 10. *Call for Public Hearinq - General Plan Aoproval - PUD #66 - JLO Addition - 4/4/95 MOVED by Thompson, seconded by Russell and motion carri�d unanimously to call a public hearing to consider approval of the general plan for PUD #66, JLO Addition for April 4, 1995. *Call for Public Hearin9 - General Plan Aaproval - Amendment #1 - PUD #63 - Saturn Addition - 4/4/95 MOVED by Thompson, seconded by Russell and motion carried unanimously to call a public hearing to consider approval of the Gen�rai Plan for Amendment �l, PUD #63, Saturn Addition for April 4, 1995. *Call for Public Hearina - Ordinance Amendment - Seasonal Farm Produce Sales by Admin� strative Permit - 4/4/95 ��OVED by Thompson, seconded by Russell and motion carried unanimously to call a public hearing to consider an ordinance amendment r?garding seasonal farm produce sales by administrative permit for April 4, 1995. Regular '•1eetinq of the City Council 'larcn i4, 1995 Page 5 *Aopointment of 3uildinn Official "�lember Thompson introduced the follo���ing resolution and moved its adoation : RESOLUTiON 95-29 RESOLUTIOfJ APPOINTING JAY IPSEN CITY BUILOING OFFICIAL The motion for t'�e adoqtion of the for?going r�sol�ation �vas seconded 5y Member Russell and upon � vote h�ing taken therPon, the following voted in favor th�reof: Johnson, "licks, Russell , Tnomoson �nd Tremere; and the follo�,ving voted �gainst th� same: none, whereupon said r�solution :-�as declarQd duly passed and ,�dopted, signed by the '�?�yor and his signature att�sted by the City �lerk. *Anoroval of Plat - The Glen��ood 4vnnue Addition '1�mb�r Thompson introduced th� Following r�solution and r�oved its �dop*ion: '2ESOl.0 i ION 95-30 RESOLUTIO�a F�R APPP,�VAL OF PL.AT - THF GLE^11J0�D 4DDITI�JPd The ��otion for the adoption of the foregoing resolution �,�as seconded by "�ember Russell and upon a vote being taken tf�ereon, the following voted in favor thereof: Johnson, '�icks, Russell , Thomoson and Tremere; and the follo��ing voted against th2 same: none, �.vhereupon said resolution �•�as declared duly passed and adopted, signed by the "layor and his signatur� attested by the City Clerk. *Authorizin A ro riation Adjustment to the 1995 General Fund Bude et (Hirin Police Officer Throuqh Federal Cops Fast Grant Proqram !1ember Thompson introduced the follo��ing resolution and moved its adoption: RESOLUTION 95-31 RESOLUTION A!JTHORIZING APPROPRIATION -ADJUSTPIENTS TO T�iF 1995 r,ENERAL FUND BUDGET FOR THE HIRING OF A POLICE OFFICER TO BE FINANCED THROUGH THE FEDERAL COPS FAST GRANT PROGRAP� The motion for the adoption of the foregoing resolution was sPconded by �1ember 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 �vas declared duly passed and adopted, signed by the "�ayor and his signature attested by the City Clerk. Authorization to Sign Assessment Aqreement with Jim Lupient Oldsmohile ComQany Et al for i�arket Street 2econstruction 4Jilliam Joynes introduced the agenda item. Allen 3arnard answered questions from the Council . "10VED by Johnson, seconded by Thompson and motion carried unanimously to authorize the City "lanager to sign the assessment agreement with Jim Lupient Oldsmobile Comoany, and associated parties to construct improvements on f9ar�cet Street, east of Louisiana Avenue. Regular Meeting of the City Council P�arcn 14, 1995 - Page 6 Authorization to Siqn Purchase Aareement for 1854 Toledo Avenue North ',Jilliam Joynes introduced the agenda item. allen Barnard answered questions from the Council . MOVED by Thompson, seconded by Russell and motion carried to authorize the City '�anager to sign the purchase agreement for 1854 Toledo Avenue North for a purchase price of $105,000 as proposed by staff. Upon a roll call vote, the vote was as follows: JOHNSO�J - VO '�ICKS - NO RUSSELL - YES THOMPSON - YES TRE�IERE - YES MOVED by Tremere, seconded by Thompson and motion carried unanimously that upon acquisition of the property at 1854 Toldeo Avenue ��orth, but orior to physical d�molition of the house: �hat staff make the n�ighbor a��are of the demolition and the Council 's action; that the neighbor be notified ti�hen the Council reviews the plans for the parking lot construction and landscaping; and that they have an ooportunity to review rhem before the plans are i�nplemented. Request by Treasure ' s Island to Raise Pvlon Si n 3ill Joynes introduced the agenda item. Gary fioffman, Treasure' s Island, 5740 Wayzata Boulevard, reviewed his request to raise the pylon sign to 45 feet. Dick Kaitz, 950 Xenia Avenue North, feels it is difficult to get to the site and he has no problem with the pylon sign being raised. MOVED by Russell , seconded by Johnson and motion carried unanimously to grant the request submitted by Treasure ' s Island to install a 45 foot pylon sign at 5740 Wayzata Qoulevard. MOVED by Tremere, seconded by Johnson and motion carried unanimously to direct staff to prepare a report addressing the issue of setting standards and/or guidelines for the raising of pylon signs along I-394 and/or outlining a variance procedure regarding sign height requirements. Establishing General �,Jages and Salaries for 1995 Non-Union Personnel William Joynes introduced the agenda item. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 95-32 RESOLUTION EST.ABLISHING GENERAL WAGES AND SALARIES FOR 1995 FOR ALL n10N-UyION PERSONNEL The motion for the adoption of the foregoing resolution was seconded by "lember Thompson and upon a vote being taken thereon, the following voted in favor thereof: Johnson, Micks, Russell , Thompson and Tremere; and the follo��ing voted against the same: none, whereupon said resolution �,�as declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council ��arcn 14, 1995 Page 7 1995 Police Officer' s Contract ',Jilliam Joynes introduced the agenda item. "�OVED by '�1icks, seconded by Johnson and motion carried unanimously to approve the 1995-1996 patrol officer' s contract as outlined in the memo from the City �1anager dated February 27, 1995 and authorize the t�ayor and City �1anager to sign said contract. Anno��ncements of �leetin s The Council will hold a Council /Manager "leeting on April 4, 1995 at 5:00 PM and discuss the 1995-1999 Capital Improvement Program. �iayor and Council Communications Council Member Johnson displayed the T-Shirt and Notecards that are available for purchase as a fundraiser for the Golden Valley Human Services Foundation. The Council of P�etropolitan Area Leagues will hold their quarterly meeting on March 16, 1995 at the f3rookview Community Center at 9:30 AP�. Continued Discussion and Decision - 94 SI 10 - Noble Avenue �Jorth, Golden Valle Road to Culver Road �,Jilliam Joynes introduced the agenda item, and answered questions from the Council . Fred Salsbury, Director of Public Works, reviewed the staff recommendation and answered questions from the Council . Allen 3arnard answered questions regarding the procedure for reconsideration of the item and answered questions from the Council . MOVED by Johnson, seconded by Micks the project be approved as follows 1) construction of a 32 foot �r�ide road from Golden Valley Road to Bassett Creek Drive, with a 5 foot sidewalk, and no parking permitted on either side of the road; and 2) the width from Bassett Creek Drive to Dawnview Terrace �vould be the existing width, with a 5 foot sidewalk, and parking permitted on the west side. MOVED by Johnson, seconded by Micks to provide a substitute motion, construction of a 32 foot road, with a 5 foot sidewalk, and no parking permitted on either side, except that on the west side, adjacent to Noble School , a sufficient pullover area be provided to allow for drop-off and/or pick-up by cars and school busses. �layor Tremere called for a vote on whether or not to allow the substitute motion. Upon a voice vote the motion carried to allow the substitute motion. Council "�ember Thompson voted no. 'Jpon a roll call vote on the original motion, the vote was as folloavs: JOHNSON - YES MICKS - YES RUSSELL - NO THOMPSON - NO TREME4E - NO MOVED by Tremere, seconded by Russell that the Council reconsider the issue. Upon a voice vote the motion carried to reconsider the issue. �ouncil ilember Micks voted no. Kegu �ar Meeting of the City Gouncil March 14, 1995 Page 8 Continued Discussion and Decision - 94 SI 10 - Noble Avenue North, Golden Vallev Road to Culver Road - Continued Member Thompson introduced the following resolution and moved its adoption, as amended: the project will be a 32 foot wide street, curb to curb, from Golden Vailey Road to Culver Road, no parking on either side, with installation of a 5 foot sidewalk on the west side: RESOLUTION 95-23 RESOLUTION ORDERING CERTAIN PROPOSED PUBI.IC IMPROVEMENTS 94 SI 10 NOBLE AVENUE NORTH, GOLDEN VALLEY ROAD TO CULVER ROAD The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote b�ing taken thereon, the following voted in favor thereof: Johnson, Micks, Thompson and Tremere; and the following voted against the same: Russell ; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. The Council took no action on Resolution 95-24, Resolution Restricting Parking on Portions of Noble Avenue North. Board/Commission Appointments Deferred until the April 4, 1995 Council Meeting. Set Date for Board/Commission Recoqnition Dinner The Council set May 25, 1995 as the date for the Board/Commission Recognition Oinner to be held at the Brookview Community Center. Appointments to the Sidewalk Committee William Joynes introduced the agenda item. MOVED by Thompson, seconded by Johnson and motion carried unanimously to appoint the following members to the Sidewalk Committee from the Open Space and Recreation Commission: Rich Krahulec and Linda Loomis. Registration for LMC Legislative Conference Staff was requested to register Mayor Tremere and Council "4ember Micks for the LMC l.egislative Conference. Set Date for Informal Public Hearinq - Athletic Field Subcommittee Proposal William Joynes introduced the agenda item. P10VED by Thompson and seconded by Johnson and motion carried to refer the letter from Sue Anderson, dated February 25, 1995 to the Open Space and Recreation Commission and ask for a response by May Z, 1995. MOVED by Thompson, seconded by Johnson and motion carried unanimously to call a for an informal public hearing to consider the Athletic Field Subcommittee Proposal for May 18, 1995 at 7:00 PM. 4djournment MOVED by Thompson, seconded by Micks and motion carried unanimously to adjourn - the meeting at 9:43 PM. Blair Tremere, Mayor ATTEST: Judy N� Administrative Secretary