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04-14-98 CC MinutesSpecial Meeting of the City Council April 14, 1998 Pursuant to due call and notice thereof, a special 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 April 14, 1998 at 8:00 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Jeff Oliver, Assistant City Engineer; and Jeanne Andre, Assistant to the City Manager. Process and Issues Related to 1998 Pavement Management Program: North Tyrol Area - Parkview Terrace, Meadow Lane South, North Tyrol Trail Janalyn Circle (North and South), and Glencrest Road Mayor Anderson shared phone comments she received from Deborah Stone of 8 Parkview Terrace and Rolf Holmgren of 300 Parkview Terrace following the April 7th public hearings on street projects. She asked City Manager Bill Joynes to present an option he has developed to address the Council concerns on the proposed street improvements in the North Tyrol area. Bill Joynes ' suggested a process in which the City Council identifies the bottom line requirements for pavement management projects to be undertaken. The City would then turn the process of deciding how to reach that bottom line to the neighborhood. He identified two areas that staff have identified as bottom line requirements: 1) dealing with water liability issues; and 2) dealing with cost equity issues. The first could be dealt with in a variety of methods, such as concrete or bituminous curbs, easements to allow water drainage on private property, waivers of liability, or privatization of the streets. Equity could deal with extraordinary initial or general maintenance expenditures. Through discussion by the Council, further elements of the process were identified, including: • the City could provide a facilitator for the neighborhood discussion process • SEH could provide technical support for the neighborhood discussion process • public safety access should be an additional bottom line requirement • for ease of the discussion process Tyrol should be broken into two groups: 1) Janalyn/Glencrest and 2) Parkview/Tyrol Trail/Meadow Lane • the neighborhood discussion process must be done in May in order to be considered for this construction season • the City will send a notice to all affected property owners to invite them to an initial meeting and ask them to participate in the process Special Meeting of the City Council April 14, 1998 Page 2 Process and Issues Related to 1998 Pavement Management Program: North Tyrol Area - Parkview Terrace, Meadow Lane South, North Tyrol Trail Janalyn Circle (North and South), and Glencrest Road MOVED by Johnson and seconded by LeSuer and motion carried unanimously to direct staff to draft a letter reflecting the process discussed in the meeting and send it to all the property owners in the delayed street projects to invite them to the April 21, 1998, Council meeting to hear about the process for reaching a decision on the street projects and invite them to participate in the process. Motion carried unanimously. Adjournment MOVED by Johnson, seconded by Bakken and motion carried unanimously to adjourn the meeting at 8:55 p.m. Mary E. A.0erson, Mayor ATTEST: (J nne Andre, Assistant to the Manager Regular Meeting of the City Council April 21, 1998 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 April 21, 1998 at 6:32 p.m. The following members were present: Anderson, Bakken (arrived at 6:33 p.m.), Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson opened the meeting for citizen input. Mike Berg, Berg Electric, Burnsville, wanted the bids for the soccer field construction and ponding at the Arts school site removed from the consent agenda. Brian Clark, 5605 Golden Valley Road; would like to see a sound wall installed along Highway 100 in front of his homes to block his neighborhood from the highway; stated the businesses in the area are not retail and therefore not effected if a sound wall is built; the sound wall will help with privacy of the neighborhood; be good for the safety of the children; and protect their property values. *Letter from Jeanne Sayers Regarding Glencrest Road/Janalyn Circle Street Improvement MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the letter from Jeanne Sayers, dated April 21, 1998 regarding Glencrest Road/Janalyn Circle street improvement. Approval of Minutes: City Council Meeting - April 7, 1998 and Special City Council Meeting -April 14, 1998 MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the City Council Meeting minutes of April 7, 1998 as amended: under Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #71 - Valley Creek, LLC add the following at the end of the first sentence in 2. "including all underground utilities"; and approve the Special City Council Meeting of April 14, 1998 as submitted. Regular Meeting of the City Council April 21, 1998 Page 2 Approval of Agenda MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the agenda of April 21, 1998 as amended: Letters and Petitions - Letter from Jeanne Sayer Regarding Glencrest Road/Janalyn Circle Street Improvement; Manager's Item - Authorization to Sign Amended Legal Services Agreement with Best & Flanagan; and Mayor/Council Item - Run the Valley. Approval of Consent Agenda MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk., Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the issuance of license #17027 - #170229 and #7052 - #7055. *Solicitor's License - Golden Valley Fire Relief Association MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the solicitor's license for the Golden Valley Fire Relief Association. *Gambling License Exemption and Waiver of Notice Requirement - YMCA of Metropolitan Minneapolis. MOVED by Johnson, 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 of Metropolitan Minneapolis. Regular Meeting of the City Council April 21, 1998 Page 3 *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the minutes received as follows: Bassett Creek Water Management Commission - March 19, 1998 Human Rights Commission - February 12, and March 12, 1998 Building Board of Review - March 2, 1998 Board of Zoning Appeals - February 24, 1998 Pavement Management Program - North Tyrol Area - Parkview Terrace Meadow Lane South, North Tyrol Trail, Janalyn Circle (North and South) and Glencrest Road Mayor Anderson introduced the item. William Joynes reviewed the process agreed upon by 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. Jeanne Sayers, 4212 Glencrest Road, asked questions about the process and feels it will make matters worse; feels it will be very difficult for the groups as they are lay people and don't have the expertise and time to deal with the issues; and asked about the timing of the street reconstruction. Henry Quist, 4116 Glencrest Road, feels that Glencrest Road should be one group and Janalyn Circle should be another group as each street has different views about the street reconstruction program. Maraline Slovut, 2540 Zealand Avenue North, wanted to know if there are any limits on the amount of time and money spent by the engineering firm for each of the groups. Mary Leach, 301 Meadow Lane South, doesn't understand what the guidelines for the neighborhoods are, what are the variables, what can or can't the Council endorse at the May 19 meeting; asked what choices they have; expressed concern over the drainage of the street; and feels there is a great need for professional input into this process. Mary Adair, 505 Janalyn Circle, stated she appreciates the Council being flexible, trusting and listening to the neighborhood and thanked the Council for giving them the chance to come up with a solution that will work for everyone. Regular Meeting of the City Council April 21, 1998 Page 4 Pavement Management Program - North Tyrol Area - Parkview Terrace, Meadow Lane South, North Tyrol Trail, Janalyn Circle (North and South) and Glencrest Road - Continued Mark Firary, 17 Parkview Terrace, stated he has been pleased with the process up to now, especially the amount of input he has been able to give and wanted to know what issues in the neighborhood have been dividing the neighbors; and asked what the assessment would be at the end of the process. The Mayor closed the public hearing and the residents adjourned to the neighborhood organizational meeting. The Council took a short recess. Public Hearing - RSL 221 - Kyle Avenue North, 27th Avenue North to Culver Road William Joynes introduced the agenda item. Jeff Oliver 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. Quintin Welter, 2800 Kyle Avenue North, asked why the difference in the assessment amount from those lights installed last year. Rhoda Gates, 2715 Kyle Avenue North, stated they are against the project as they have a yard light and the light is proposed to be placed across the street and feels it is not needed there. The Mayor closed the public hearing. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-48 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 221 KYLE AVENUE NORTH, 27Th AVENUE NORTH TO CULVER 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: none, and the following voted against the same: Anderson, Bakken, Johnson, LeSuer and Micks; whereupon said resolution was declared defeated. Regular Meeting of the City Council April 21, 1998 Page 5 Public Hearing - Ordinance #177 - General Plan Approval - PUD #77 - Medley Hills Condominium The following ordinance was MOVED by Johnson, seconded by LeSuer: ORDINANCE #177, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development Medley Hills Condominiums, P.U.D. No. 77 G V Development, LLC, Applicant Mark Grimes, Director of Planning and Development reviewed the plan and answered questions from the Council Arne Zachman, developer, reviewed the plans 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 Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #177, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Continued Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #42 - North Lilac Drive Addition Mark Grimes, Director of Planning and Development, reviewed the plan and answered questions from Council. Warren Kapsner, Planning Commissioner, presented the Commission report. Rick Martens, Daryl Anderson and Jane McCrossan, reviewed the plan 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. Regular Meeting of the City Council April 21, 1998 Page 6 Continued Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #42 - North Lilac Drive Addition - Continued Tim Berg, 920 Angelo Drive, asked questions about the traffic issues; thinks that now is not the time for this project as we don't know what is going to happen with the upgrade of Highway 100; expressed concern over a buffer for the neighborhoods, drainage issues; noise; the effect of the Schaper ballfields and Hidden Lakes project on Sweeney Lake; asked about light coming into the neighborhood from parking lot lights and building lights, asked what the process is for this project. Lyle Pagel, Manager, General Motors Training Center; asked for clarification of the service road configuration and when it will be finalized. Bonnie Mathis, 900 Angelo Drive, feels that all property doesn't have to be developed, feels it could be left for wildlife, greenery and buffer to the neighborhood; expressed concern of the aesthetics, and is concerned over people being able to look into her house from the 2nd floor of the building; Paula Pentel, 941 Angelo Drive, stated she is also the Chair of the Planning Commission (PC), but is at the meeting as a resident, stated that the plan may have changed since it was before the PC, but the Council has the option under the PUD ordinance to refer it back to the PC; expressed concern over how this project will impact the neighborhood, the 2nd story of the building will not be screened from the houses across the tracks; that people can look into the houses; security issues; concerned over the drainage and asked if the BCWMC has to be consulted about this development; stacking of cars during rush hour, how traffic is going to flow through the area; suggested that some lighting be provided for protection of the employees, such as timer lights. The Mayor closed the public hearing. MOVED by Micks, seconded by LeSuer and motion carried unanimously to refer back to the Planning Commission for comment on the following issues: lighting, drainage, impact of traffic, inclusion of lot 3 in the amendment and how that changes the requirements in terms of variances, ponding requirement; and parking issue. Staff will review with the attorney the issue regarding the exact impact of this development in the 2 year period that the drainage would not go into the holding pond and how could that be mitigated. Regular Meeting of the City Council April 21, 1998 Page 7 Public Hearing - Ordinance #176 - General Plan Approval - Amendment #1 - PUD #75 Menard, Inc. Mark Grimes, Director of Planning and Development Director introduced the agenda item, and requested the item be continued until the building staff have time to review the proposed building plans. 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 Bakken and motion carried unanimously to continue consideration of approval of the general plan, amendment #1, for PUD #75, Menard, Inc. until May 5, 1998. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Receipt of March 1998 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the March 1998 general fund budget report. *Authorizing Issuance of Certificate of Indebtedness for Purchase of Public Safety, Public Works, and General Administration Equipment Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-49 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATE OF INDEBTEDNESS FOR THE PURCHASE OF PUBLIC SAFETY, PUBLIC WORKS AND GENERAL ADMINISTRATION EQUIPMENT 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, Bakken, Johnson, LeSuer, and Micks; 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. Regular Meeting of the City Council April 21, 1998 Page 8 *Approval of Extension of Conditional Use Permit - Amendment #1 - 5400 Glenwood Avenue MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the extension of conditional use permit, amendment #1, for 5400 Glenwood Avenue to October 21, 1998. *Receipt of Final 1997 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the final 1997 general fund budget report. Bids - Soccer Field Construction and Ponding at Arts School Site William Joynes and Allen Barnard reviewed the bid process and answered questions from the Council. Mike Berg, Berg Electric, Burnsville, requested this item be removed from the consent agenda; stated he had bid on the project and that only one brand of lighting was approved and wanted to know why and feels that having plans prepared by an engineer restricts the competition in the bidding process. MOVED by Bakken, seconded by Johnson and motion carried unanimously to award the bid for soccer field construction and ponding at the Arts School site from the lowest responsible bidder, Veit Contractors. The bids are as follows: Veit Contractors $248,343.00 Glenn Rehbein 251,412.00 Ingram Excavating 269,650.00 K.A. Witt 276,744.00 Matt Bullock 276,820.00 Imperial Developers 308,924.00 Max Steininger 344,765.00 Jay Brothers 367,629.13 *Bids - Purchase 1 Ton Cab and Chassis Truck and % Ton Pickup Truck MOVED by Johnson, seconded by LeSuer and motion carried unanimously to award the bid for the purchase of a 1 ton cab and chassis truck and 3/ ton pickup truck from Superior Ford for a total of $38,761.00 from the City of Minneapolis contract. Regular Meeting of the City Council April 21, 1998 Page 9 Authorization to Sign Amended Legal Services Agreement with Best & Flanagan Mayor Anderson introduced the agenda item. MOVED by Bakken, seconded by Johnson and motion carried to authorize the Mayor and City Manager to sign the amended legal services agreement with Best & Flanagan. Council Members LeSuer and Micks voted no. Announcements of Meetings Some Council Members are attending the Study Circle at Hamline on April 25, 1998 at 8:30 a.m. The Reconvened Board of Review will be held on April 28, 1998 at 6:30 p.m. The Special City Council Meeting will be held on April 28, 1998 at 7:00 p.m. Mayor and Council Communications Mayor Anderson distributed information for Golden Valley Women of Today Fun Fest Mayor Anderson distributed a letter from John Giese regarding a request for a sound wall. The Council will receive and file the letter at the May 5, 1998 Council meeting. Mayor Anderson distributed a letter from a resident on Natchez Avenue North who has concerns over the proposed reconstruction in front of her house and requested staff to prepare a response to her letter. *Appointment to Board of Zoning Appeals MOVED by Johnson, seconded by LeSuer and motion carried unanimously to appoint* and/or reappoint the following to the Board of Zoning Appeals for a one year term. Bob Lang* 1 year term term expires 4/1/99 Mahlon Swedberg 1 year term term expires 4/1/99 Mike Sell 1 year term term expires 4/1/99 Herb Polachek 1 year term term expires 4/1/99 Linda McCracken -Hunt 1 year term term expires 4/1/99 Alternate Don Singer 1 year term term expires 4/1/99 Alternate Regular Meeting of the City Council April 21, 1998 Page 10 Presentation of Certificate of Appointment Mayor Anderson presented a Certificate of Appointment, mug and city pins to Bob Lang as a new member of the Board of Zoning Appeals. Bob Lang who currently serves on the Human Services Foundation reviewed the detail for the Run the Valley event scheduled for May 2, 1998. Presentation of Certificate of Achievement for Financial Reporting This item was continued to the May 5, 1998 Council Meeting. Run the Valley Council Member Johnson invited people to participate in the Human Services Foundation fund-raiser "Run the Valley". The event is a 5K - 10K RunMalk scheduled for May 2, 1998 beginning at 8:00 a.m. Adjournment MOVED by LeSuer, seconded by Micks and motion carried unanimously to adjourn the meeting at 10:12 p.m. Mary E. An rson, Mayor ATTEST: J d Nally dmin istrative ecretary i Special Meeting of the City Council April 28, 1998 Pursuant to due call and notice thereof, a special 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 April 28 1998 at 7:00 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Public Hearing - 98 SI 5 - Parkview Terrace, Glenwood Avenue to North Tyrol Trail; 98 SI 4 - Meadow Lane South, Glenwood Avenue to Parkview Terrace; 95 SI 6 - North Tyrol Trail, Meadow Lane South to Wayzata Boulevard; 97 SI 5 - Janalyn Circle (North), Glencrest Road to Meadow Lane South; 98 SI 3 - Janalyn Circle (South Glencrest Road to Meadow Lane South; and 97 SI 6 - Glencrest Road Janalyn Circle to Meadow Lane South Mayor Anderson stated the purpose of the meeting was to continue the public hearing on the East North Tyrol area pavement management programs. 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 continue the hearing to the City Council Meeting on May 19, 1998 for the following street projects: 98 SI 5 - Parkview Terrace, Glenwood Avenue to North Tyrol Trail; 98 SI 4 - Meadow Lane South, Glenwood Avenue to Parkview Terrace; 95 Sl 6 - North Tyrol Trail, Meadow Lane South to Wayzata Boulevard; 97 SI 5 - Janalyn Circle (North), Glencrest Road to Meadow Lane South; 98 SI 3 - Janalyn Circle (South), Glencrest Road to Meadow Lane South; and 97 SI 6 - Glencrest Road, Janalyn Circle to Meadow Lane South. Adjournment MOVED by Bakken, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 7:05 p.m. derson,Mayor ATTEST: Gloria L. Johnson, ayor Pro Tem