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04-17-98 CC MinutesRegular Meeting of the City Council April 7, 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 7, 1998 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: Jeanne Andre, Assistant to the City Manager; Paul Kaminski, Acting City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor continued the meeting. Letter of Congratulations Regarding 1997 Tree City USA Designation Council Member Johnson reviewed the letter from John Rosenow, President, The National Arbor Day Foundation. MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter of congratulations from The National Arbor Day Foundation, dated March 27, 1998, regarding 1997 Tree City USA designation. *Letter from Dr. and Mrs. Henry Quist Regarding 97 SI 6 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from Dr. and Mrs. Henry Quist, dated March 20, 1998, regarding 97 SI 6. *Letter from David Hodgson Regarding 97 SI 5 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from David Hodgson, dated March 31, 1998, regarding 97 SI 5. *Letter from David Live Regarding 98 S14 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from David Live, dated March 31, 1998, regarding 98 SI 4. *Letter from Maclay Hyde Regarding 98 SI 6 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from Maclay Hyde, dated April 6, 1998, regarding 95 SI 6. Regular Meeting of the City Council April 7, 1998 Page 2 *Petition Tally for Glencrest Road and Janalyn Circle and Letters from John Newell Regarding 97 SI 6 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the petition tally for Glencrest Road and Janalyn Circle and the letters from John Newell, dated March 25, 1998 and April 6, 1998 regarding 97 SI 6. *Letter from Paul Hyde Regarding 95 SI 6 MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and file the letter from Paul Hyde, dated April 6, 1998, regarding 95 SI 6. _Approval of Minutes: Council/Manager Meeting_- March 11 1998 and City Council Meeting - March 17. 1998 MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the Council/Manager Meeting of March 11, 1998 as submitted and the City Council Meeting of March 17, 1998 as amended: Public Hearing - Preliminary Design Plan Approval - PUD #77 - Medley Hills Condominiums - Council Member Micks wanted the minutes to reflect her reason for voting no was her concern for lack of parking. Approval of Agenda MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the agenda of April 7, 1998 as amended: Jeanne Andre stated that under the Public Hearing for the Street Program, Resolution 98-37 and Resolution 98-38 have been combined into a new Resolution 98-37 and Resolution 98-38 will not be considered. 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, adding Letter from Maclay Hyde Regarding 95 SI 6; Petition Tally for Glencrest Road and Janalyn Circle and Letters from John Newell Regarding 97 SI 6; and Letter from Paul Hyde Regarding 95 SI 6; and removal of Open Forum/Communications Item - Letter of Congratulations Regarding 1997 Tree City USA Designation, and Departmental Item - Authorization to Sign Amended Legal Services Agreement with Best & Flanagan. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council April 7, 1998 Page 3 *Approval of Check Register MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the issuance of license #16993 - #17026 and #7026 - #7038. *Solicitor's License - Chester Bird Legion MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the solicitor's license for Chester Bird Legion *Peddler's License - CW Marketing Services. Inc. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the peddler's license for CW Marketing Services, Inc. *Taxi Driver Licenses MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Gambling Premises Permit Application - American Legion Post 523 Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-35 RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (AMERICAN LEGION POST 523) 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, 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 7, 1998 Page 4 *Minutes of Boards and Commissions MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the minutes received as follows: Bassett Creek Water Management Commission - February 19, 1998 Planning Commission - February 23, and March 9, 1998 Public Hearing - Ordinance #176 - General Plan Approval - Amendment #1 - PUD #75 Menard. Inc. Jeanne Andre 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 Bakken, seconded by Johnson and motion carried unanimously to continue consideration of approval of the general plan, amendment #1, for PUD #75, Menard, Inc. until April 21, 1998. Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #42 - North Lilac Drive Addition Jeanne Andre introduced the agenda item, and requested the item be continued to give the applicant additional time to address the concerns raised by the Planning Commission. 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 Bakken, seconded by Johnson and motion carried unanimously to continue consideration of the preliminary design plan, amendment #2, for PUD #42, North Lilac Drive Addition until April 21, 1998. Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #71__: Valley 71- Valley Creek. LLC Jeanne Andre introduced the agenda item and answered questions from Council. Kevin McAleese, Planning Commissioner, presented the Commission report. Regular Meeting of the City Council April 7, 1998 Page 5 Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #71 - Valley Creek, LLC - Continued 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. Jim Winkels, developer, reviewed the plan and answered questions from the Council. MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the preliminary design plan approval for amendment #2, PUD #71, Valley Creek, LLC, subject to the following conditions: 1. The applicant should be required to supply more precise site plans as this proposal moves forward. Those plans should be accurately scaled and should reflect actual sizes and locations of all three buildings as well as any other site improvements that are already in place, but in all other respects should be identical with the currently approved site plans unless the developer specifically requests further revision of the PUD permit. The property lines may be changed as per the requirements of the City's Inspections Department. 2. The applicant should be required to prepare agreements covering cross -access, cross -parking, and joint maintenance/replacement of on-site improvements, including all underground utilities. All agreements, in draft form, should be available at the time of general plan application for review and comment by the City Attorney, the cost of that review should be paid by the applicant. The cross parking agreement should contain strong language indicating that if one owner requests a change to the PUD, all owners must agree to the change. There also should be language which states that the three lots will maintain a "campus" look through vegetation, plantings, signage, etc. 3. The final plat should meet City staff requirements for plat name and for easements, as well as any requirements forwarded by MnDOT. 4. The development should be allowed to have up to 240 square feet of business identification signage instead of the 150 square feet permitted per City code, but should be required to comply with all other on-site signage requirements, contingent upon further study prior to general plan approval. 5. The amended PUD permit should state the revised square footage of the buildings as given to Planning staff by the Inspections staff as follows: Three office buildings, each three stories in height with a total of 132,396 square feet of floor area (east and west buildings each have 41,332 square feet and the south building has 49,732 square feet). Regular Meeting of the City Council April 7, 1998 Page 6 Public Hearin - Preliminary Design Plan Approval - Amendment #2 - PUD #71 - Valley Creek, LLC - Continued MOVED by Micks, seconded by LeSuer to delete #4 from the previous conditions. Council Member Micks and Council Member LeSuer withdrew the previous motion. MOVED by Micks, seconded by Bakken and motion carried unanimously to amend condition #4 by adding - contingent upon further study prior to general plan approval. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES MOVED by Bakken, seconded by LeSuer and motion carried unanimously to request staff to begin the review of the sign ordinance with the appropriate commissions. Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North 26th Avenue North to Parkview Boulevard; Crestview Avenue, Byrd Avenue North to Manor Drive; McNair Drive, 261 Avenue North to Byrd Avenue North; Parkview Boulevard, 26th Avenue North to Manor Drive; Meridian Drive 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North, St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 introduced the agenda item and reviewed the procedure for consideration of the street improvement program. Jeanne Andre reviewed the street program. Paul Kaminski reviewed the legal issues and was available to answer questions. Sue Mason, Short Elliott Hendrickson (S.E.H.) presented each of the individual street projects. Al Lundstrom reviewed the tree/brush issues for each project. Jeff Oliver, Assistant City Engineer, was available to answer questions. Regular Meeting of the City Council April 7, 1998 Page 7 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26th Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive; McNair Drive, 26" Avenue North to Byrd Avenue North: Parkview Boulevard, 26th Avenue North to Manor Drive: Meridian Drive 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 - Janal n 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 98 S1 7 - North Manor Area: Byrd Avenue North, 26th Avenue North to Parkview Boulevard; Crestview Avenue, Byrd Avenue North to Manor Drive; McNair Drive, 261 Avenue North to Byrd Avenue North; Parkview Boulevard, 26' Avenue North to Manor Drive; Meridian Drive, 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xeres Avenue North Mayor Anderson stated that under the Public Hearing for the 98 SI 7, Resolution 98-37 and Resolution 98-38 have been combined into a new Resolution 98-37 and Resolution 98-38 will not be considered. Sue Mason and Al Lundstrom 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. Richard Pruitt, 1933 Glenwood Parkway, his comments were determined to be for 97 SI 7. Dana Van Krevelen, 3411 Terrace Lane, has questions about bituminous parking area and retaining wall in her front yard. The Mayor closed the public hearing. Regular Meeting of the City Council April 7, 1998 Page 8 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26th Avenue North to Parkview Boulevard; Crestview Avenue, Byrd Avenue North to Manor Drive; McNair Drive, 26th Avenue North to Byrd Avenue North; Parkview Boulevard, 26th Avenue North to Manor Drive; Meridian Drive 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North, St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 - Continued Member LeSeur introduced the following resolution and moved its adoption: RESOLUTION 98-36 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 98 SI 7 BYRD AVENUE NORTH, 26TH AVENUE NORTH TO PARKVIEW BOULEVARD; CRESTVIEW AVENUE, BYRD AVENUE NORTH TO MANOR DRIVE; MCNAIR DRIVE, 26TH AVENUE NORTH TO BYRD AVENUE NORTH; PARKVIEW BOULEVARD, 26TH AVENUE NORTH TO MANOR DRIVE; MERIDIAN DRIVE, 26TH AVENUE NORTH TO TERRACE LANE; TERRACE LANE, PARKVIEW BOULEVARD TO ZENITH AVENUE NORTH; MANOR DRIVE, CRESTVIEW AVENUE TO XERXES AVENUE NORTH 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, 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. 97 SI 7 - South Manor Area: St. Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North, St. Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North Sue Mason and Al Lundstrom presented the project. Regular Meeting of the City Council April 7, 1998 Page 9 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26th Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive: McNair Drive 26' Avenue North to Byrd Avenue North: Parkview Boulevard, 26th Avenue North to Manor Drive: Meridian Drive 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North: Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North: 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 - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Richard Pruitt, 1933 Glenwood Parkway, stated they do have a problem with the water mains, but does not want curb and gutter on this one block area, as there is no traffic on the street, feels total street reconstruction is not necessary, had questions about his 60 year old tree, landscaping his yard and the assessment for curb and gutter. Mary Raker, 1925 Glenwood Parkway, feels a new watermain is needed because her watermain is full of rust, has no problem with the installation of curb and gutter but feels that if curb and gutter is installed it should also be on the parkway side. The Mayor closed the public hearing. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-37 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 97 SI 7 SOUTH MANOR AREA: ST. MARGARET DRIVE, ZENITH AVENUE NORTH TO XERXES AVENUE NORTH; VISTA DRIVE, ZENITH AVENUE NORTH TO XERXES AVENUE NORTH AND YORK AVENUE NORTH, ST. MARGARET DRIVE TO VISTA DRIVE, AND 98 SI 6 GLENWOOD PARKWAY, ZENITH AVENUE NORTH TO XERXES AVENUE NORTH Regular Meeting of the City Council April 7, 1998 Page 10 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North 26th Avenue North to Parkviiew Boulevard: Crestview Avenue Byrd Avenue North to Manor Drive: McNair Drive, 26th Avenue North to Byrd Avenue North: Parkview Boulevard, 26th Avenue North to Manor Drive: Meridian Drive 26th Avenue North to Terrace Lane: Terrace Lane, Parkview Boulevard to Zenith Avenue North: Manor Drive Crestview Avenue to Xerxes Avenue North: 97 SI 7 - South Manor Area: St. Margaret Drive, Zenith Avenue North to Xerxes Avenue North: Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North, St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North: 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 - Continued 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. 98 S15 - Parkview Terrace, Glenwood Avenue to North Tyrol Trail Sue Mason and Al Lundstrom 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. Marilyn Kilner, 1045 North Tyrol Trail, lives on the corner and her driveway is on Parkview Terrace and the front of her house faces North Tyrol Trail, asked about the width of street and would the street be widened, because of her location she would like her street considered as a whole, and feels that whatever is done on Parkview Terrace should be done on the North Tyrol Trail side; asked about the pine trees on the corner, the impact of construction on those trees and the alignment of the street and likes the recommendation of a more defined corner so it will cut down on the damage to her trees and alleviate the problem of people cutting the corner. Regular Meeting of the City Council April 7, 1998 Page 11 Public Hearin - Street Pro ram - 98 SI 7 - North Manor Area: Byrd Avenue North 26th Avenue North to Parkview Boulevard: Crestview Avenue Byrd Avenue North to Manor Drive: McNair Drive 261 Avenue North to Byrd Avenue North: Parkview Boulevard, 26' Avenue North to Manor Drive: Meridian Drive 26th Avenue North to Terrace Lane: Terrace Lane, Parkview Boulevard to Zenith Avenue North: Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North: Vista Drive Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North: 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 - Continued Harry Hauck, 1100 North Tyrol Trail, stated there are discrepancies in the notice of public hearing and how the hearing is stated on the council agenda; asked in which survey results the 3 houses at the end of North Tyrol Trail are considered and if that changes the survey outcome as presented; he stated the neighborhood had conducted a survey and they slotted 22 against curb and gutter on North Tyrol Trail and 3 houses were in favor of curb and gutter, feels the 3 houses should be considered on the North Tyrol Trail survey not the Parkview Terrace survey; stated he doesn't want curb and gutter on one side of the street and not on the other, and wants the street configuration at the corner left the way it is, and suggested the Council hear the rest of the public testimony from the other projects before making a decision. Mike Docter, 1122 North Tyrol Trail, doesn't want half curb and gutter on one side of Parkview Terrace and not on North Tyrol Trail. The Mayor closed the public hearing . The Council decided to hear the public testimony of the other projects before making a decision on the project. 98 SI 4 - Meadow Lane South, Glenwood Avenue to Parkview Terrace Sue Mason and Al Lundstrom 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. Regular Meeting of the City Council April 7, 1998 Page 12 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26' Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive; McNair Drive 26' Avenue North to Byrd Avenue North; Parkview Boulevard, 261 Avenue North to Manor Drive,• Meridian Drive, 26th Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North,• 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive Zenith Avenue North to Xerxes Avenue North and York Avenue North, St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 - Continued David Live, 808 Meadow Lane South, asked if the area could be graded into a gutter and it would not be so intrusive. Marilyn Lipshultz, 716 Meadow Lane South, hates to lose the rural, country quality of the neighborhoods as it is a unique area, and stated she is against curb and gutter. Tom Kersten, 709 Meadow Lane South, feels the neighborhood is unique, with its large amount of shrubs and trees, and feels if curb and gutter is installed it will loose the quality, without curb and gutter there is a lot of money saved. The Mayor closed the public hearing. 95 Sl 6 - North Tyrol Trail, Meadow Lane South to Wayzata Boulevard Sue Mason and Al Lundstrom 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. Doug Spaulding, 1030 North Tyrol Trial, feels the street was built 36 years ago and has done well since then, performance of the street should be considered, feels the neighborhood survey was flawed and submitted a petition from the residents which he reviewed and which states that most don't want curb and gutter, and he supports rural character of the neighborhood. Regular Meeting of the City Council April 7, 1998 Page 13 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26th Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive; McNair Drive, 26' Avenue North to Byrd Avenue North; Parkview Boulevard 26th Avenue North to Manor Drive; Meridian Drive 26' Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North: 97 SI 7 - South Manor Area: St Margaret Drive Zenith Avenue North to Xerxes Avenue North,• Vista Drive Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 - Continued Ron Crofoot, 920 North Tyrol Trail, opposes concrete curb and gutter, but stated historically he does get some water buildup when there is a storm, and has a concern over being able to direct the flow of water in a more effective manner and asked what methods, other than curb and gutter, could effectively route the water in that situation. The Mayor closed the public hearing. 97 S15 - Janalyn Circle (North), Glencrest Road to Meadow Lane South, 98 S13 Janalyn Circle (South), Glencrest Road to Meadow Lane South; and 97 S1 6 - Glencrest Road, Janalyn Circle to Meadow Lane South Sue Mason and Al Lundstrom 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. Marcia Fluer, 225 Janalyn Circle, speaking on behalf of her neighborhood, she reviewed the survey results of the survey conducted by the neighborhood, and the show that most don't want curb and gutter installed. Jay Wilcox, 233 Janalyn Circle, feels the road is a mess and should be fixed, but is concerned over the water runoff, feels the neighborhood is unique and that curb and gutter will take away from the tree covered area, doesn't want the suburbia look, and suggested a low rising berm to blend into the neighborhood as a way to help with the water runoff problems. Regular Meeting of the City Council April 7, 1998 Page 14 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North, 26' Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive: McNair Drive 26th Avenue North to Byrd Avenue North: Parkview Boulevard, 26' Avenue North to Manor Drive; Meridian Drive, 26th Avenue North to Terrace Lane: Terrace Lane Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North: 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive Zenith Avenue North to Xerxes Avenue North and York Avenue North, St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North: 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 - Continued Pattie Frid, 208 Janalyn Circle, likes the rural look of neighborhood; look at comments that were written on the survey conducted on the City survey and not just the numbers; and asked how option #3 was counted in the percentages. Judy Stinson, 438 Glencrest Road, asked the Council to reschedule the project to after June 30 in order to protect the oak trees during construction as they have over 50 oak trees in the area and some are 75-100 year old trees; she feels they are priceless and protection is a primary concern, and the loss of those trees would effect the property values. Mike Shook, 4316 Glencrest Road, feels the neighborhood should stay the way it is; and that 75% of the neighborhood property owners is too high for opting out of curb and gutter, and the policy should be changed. Marcia Cushmore, 4300 Glencrest Road, she hopes the Council hears the neighborhood wishes and concerns as it is important to them; asked that the project not be started until after June 30; and stated that on site considerations are very important and hopes they respect the integrity of the neighborhood; and submitted a letter from Jacquelyn Rosholt, 4115 Glencrest Road, who was unable to attend the meeting. Erland Perrson, 216 Janalyn Circle, lives on a slope and the water from the other streets flows onto his property and collects there; and needs some form of protection from the water runoff; stated that the inflow of water into the pond encroaches on his property and supports the idea of a storm sewer sump pump to alleviate the problem. Regular Meeting of the City Council April 7, 1998 Page 15 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North 26' Avenue North to Parkview Boulevard; Crestview Avenue Byrd Avenue North to Manor Drive; McNair Drive, 26th Avenue North to Byrd Avenue North; Parkview Boulevard, 26' Avenue North to Manor Drive; Meridian Drive 26' Avenue North to Terrace Lane; Terrace Lane, Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive, and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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 - Continued Tony Shuster, 204 Janlayn Circle, stated a unique quality exists in the neighborhood and they are very close knit; stated there are little pieces of a berm that moves the water around the neighborhood which seems to work fine; and feels that the engineering department should talk with each property owner as they will know what happens when the water flows on their property. Elaine Perrson, 216 Janalyn Circle, stated that in the past the pond was quite deep and supported a lot of wild life; since the installation of a storm water in the area more water and silt flows into the pond and what has happened is that the pond is filling up and that now when it rains the water level encroaches on their property a few inches when there is a heavy rainfall and goes slowly down after 2 to 3 days; and she asked if some sort of solution could be done to take care of the problem. Mary Adair, 505 Janlayn Circle, doesn't want concrete curb and gutter or asphalt curb and gutter; and suggested a small berm or lip be installed to move the water around the neighborhood. Rosemary Marrs, 4840 Markay Ridge, suggested a contiguous berm that is laid when the street is installed, which doesn't have to be high; and feels that it won't crack and would be better protection than installing a concrete curb and gutter. The Mayor closed the public hearing. Regular Meeting of the City Council April 7, 1998 Page 16 Public Hearing - Street Program - 98 SI 7 - North Manor Area: Byrd Avenue North 26th Avenue North to Parkview Boulevard: Crestview Avenue, Byrd Avenue North to Manor Drive: McNair Drive, 26' Avenue North to Byrd Avenue North; Parkview Boulevard, 26' Avenue North to Manor Drive: Meridian Drive 26th Avenue North to Terrace Lane: Terrace Lane Parkview Boulevard to Zenith Avenue North; Manor Drive, Crestview Avenue to Xerxes Avenue North; 97 SI 7 - South Manor Area: St Margaret Drive, Zenith Avenue North to Xerxes Avenue North; Vista Drive, Zenith Avenue North to Xerxes Avenue North and York Avenue North St Margaret Drive to Vista Drive and 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North: 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 Janal n Circle to Meadow Lane South - Continued The Council suggested the following as discussion points or information to be gathered prior to a decision being made on the streets: • look at the community as a whole or individual neighborhoods • height of berms, from no berm up to 6 inches and everything in between • effect of water quality versus water quantity • curbs and what kind of curb or street edges • engineer limitations or general practices • least intrusive remedies • simple control of water so that properties are not effected (liability issues) • petition issue, how are they dealt with and how to gain neighborhood input MOVED by Johnson, seconded by Micks and motion carried unanimously to continue the hearing to a Special Council Meeting on April 28, 1998 at 7:00 p.m. for the following street projects: 98 SI 6 - Glenwood Parkway, Zenith Avenue North to Xerxes Avenue North; 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. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to hold a special Council Meeting on April 14, 1998 after the Housing and Redevelopment Authority (approximately 8:00 p.m.) for a discussion of the process to consider the street reconstruction projects. Regular Meeting of the City Council April 7, 1998 Page 17 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Approval of Plat - LOGIS Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-45 RESOLUTION FOR APPROVAL OF PLAT - LOGIS ADDITION 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, 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. Authorization to Sign Amended Legal Services Agreement with Best & Flanagan Council Member LeSuer was unable to attend the Council/Manager meeting when this item was discussed and requested the Council continue this item as he has some questions. MOVED by Micks, seconded by LeSuer and motion carried unanimously to continue the item to the April 21, 1998 City Council meeting, and discuss the issue at the April 14, 1998 Council/Manger meeting. The Council was requested to get any questions regarding the issue to the Staff as soon as possible. *Authorization to Sign Contract with CP Rail for Construction of Rubberized Rail Crossing at Colorado Avenue North and Laurel Avenue MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize signing the contract with the Soo Line Railroad Company for the installation of rubberized crossing on Colorado Avenue, south of Laurel Avenue, for an amount not to exceed $40,717.00. Regular Meeting of the City Council April 7, 1998 Page 18 *Call for Feasibility Study - RSL 221 -Kyle Avenue No 27th Avenue No to Culver Rd Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-46 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT RSL 221 KYLE AVENUE NORTH, 27T" AVENUE NORTH TO CULVER ROAD 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, 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. *Call for Public Hearing - 4-21-98 - RSL 221 - Kyle Avenue North 27th Avenue North to Culver Road Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-45 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 221 KYLE AVENUE NORTH, 27T" AVENUE NORTH TO CULVER ROAD 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, 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. *Authorization to Sign Contract with Visu-Sewer Clean and Seal Inc for Sanitary Sewer Repair MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize entering into a contract with Visu-Sewer Clean and Seal, Inc. for sanitary sewer repairs for an amount not to exceed $135,899.50. The quotes are as follows: Visu-Sewer Clean and Seal, Inc. $135,899.50 Buchen Environmental Services 185,777.00 Infrastructure Technologies, Inc. 207,590.00 Regular Meeting of the City Council April 7, 1998 Page 19 *Authorization to Hire Barr Engineering to Study and Prepare Plans for Brookview Flood Storage Modifications MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize the hiring of Barr Engineering to study possible modifications and to prepare preliminary plans for the gated structure along with the associated operation plan for an amount not to exceed $29,400.00. *Bids - Street Construction, Maintenance Materials MOVED by Johnson, seconded by Bakken and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders, with the exception of wearing mix and bituminous materials which would be awarded to the two low bidders. The bids are as follows: Class 2 Aggregate Binder Stone Crushed Rock Sand FA -1 Ball Diamond Mix Wearing Mix (2331) Bituminous Material for Wear J. L. Shiely J. L. Shiely J. L. Shiely SA -AG, Inc. Bryan Rock Products, Inc. Bituminous Roadways, Inc C. S. McCrossan Bituminous Roadways, Inc C. S. McCrossan *Bids - Front End Loader. Plow and Snow Wing $7.61 /metric ton $9.16/metric ton $9.16/metric ton $4.65/metric ton $11.32/metric ton $10.90/metric ton $11.00/metric ton $125.00/metric ton $140.00/metric ton MOVED by Johnson, seconded by Bakken and motion carried unanimously to award the bid for the purchase of a front end loader, plow and snow wing from Ziegler, Inc. from the State of Minnesota for an amount not to exceed $183,784.00. *Bids - Spring Brush Pick-up MOVED by Johnson, seconded by Bakken and motion carried unanimously to award the bid for the removal of branches and brush from private property from the only bidder, Tim's Tree Service, for an amount not to exceed $34,800.00. *Bids - Truck Cab and Chassis MOVED by Johnson, seconded by Bakken and motion carried unanimously to award the bid for one 1998 model Sterling L-7501 single axle cab/chassis truck from Boyer Ford Trucks, Inc. from the MnDOT contract for $49,706.00. Regular Meeting of the City Council April 7, 1998 Page 20 Announcements of Meetings Mayor Anderson and Council Member Micks will attend the April 9, 1998 Human Rights Commission meeting. The next Council/Manager meeting is April 14, 1998 at 5:00 p.m. The next Housing and Redevelopment Authority Meeting is April 14, 1998 at 7:00 p.m. The League of Women Voters is holding a meeting on affordable housing with the City on April 15, 1998. The Board of Review Meeting is scheduled for April 16, 1998 at 7:00 p.m. Mayor and Council Communications Mayor Anderson reported that the TIF Legislation is included in the legislation and has to go to the floor of both houses and the governor for signature. Registration for League of Minnesota Cities Annual Conference - June 16-19 Mayor Anderson requested the Council Member who plan to attend the LMC Annual Conference to notify staff. Adjournment MOVED by Micks, seconded by LeSuer and motion carried unanimously to adjourn the meeting at 11:15 p.m. *,/, , F. a,, h Mary E. Aloerson, Mayor ATTEST: Regular Meeting of the City Council April 7, 1998 Page 21 J Q LU I— Q w U Z Q zz OH ga m 0� �z DO m U m I— m z O U H w LU F- m :ll cD N 2 U ca a z 0 2 w d O 0 m 0 Z _3OX en 0 mQ� � 0 a w o 0 0 0 N Ci H O a M Fn w c� FExm as LO O O 3 Ir LU Z N N N 0000 40 Z 0 .- O r in D LU NV N 0000 O o L6.- Q 0 Za0 M �� yw Lo 00 a to W Q N tAwN W q tip � W (D r,: LO Oo UO Q Y W X X V D m O X X X X X X X X m as o > c w w0 3 ICUC U O 0 O C O N C O y E C N to .. f0 C m a W a a 0 a) o n a C M 70 U l4 m fA T �e 2- C- E to c 0 of L d a v Q us c o U c o • E c m E o yf6 o 3Q— v m m m m, m w U� t¢ w 0 m 2 Z_