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05-19-98 CC MinutesRegular Meeting of the City Council May 19, 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 May 19, 1998 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen Input Mayor Anderson introduced the agenda item. Herm Held, 5400 Circle Down, stated that a section of storm sewer drain tile behind the house at 721 Turner's Crossroads has broken which caused a sink hole to be formed; and he is requesting the City fix the hole as children play in that area and feels it is dangerous. Mayor Anderson stated a written response will be sent to Mr. Held and the response will be placed on the next agenda to be received and filed. *Letter from Nancy Eicher Regarding Street Program and Meadow Lane South and Parkview Terrace MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the letter from Nancy Eicher, dated May 5, 1998 regarding street program on Meadow Lane South and Parkview Terrace. *Letter from Doug Spaulding and Harry Hauck Regarding Street Program on North Tyrol Trail MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the letter from Doug Spaulding and Harry Hauck, dated May 4, 1998 regarding street program on North Tyrol Trail. *Letter from Paul and Rozalija Gannon Regarding Street Program on Meadow Lane South MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the letter from Paul and Rozalija Gannon, dated April 30, 1998 regarding street program on Meadow Lane South. Regular Meeting of the City Council May 19, 1998 Page 2 *Letter from Adrian Johnson, Professional 100 Limited Partnership Regarding Highway 100 Sound Wall MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the letter from Adrian Johnson, Professional 100 Limited Partnership, dated May 8, 1998 regarding Highway 100 sound wall. Petition Regarding Bike/Walking/Running Trail on Regent Avenue North Mayor Anderson introduced the agenda item. MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file the petition received May 12 ,1998; and direct staff to review the petition and bring back to the Council comments and recommendations. Letter from Mr. and Mrs. Henry Quist Regarding Street Program on Glencrest Road MOVED by Bakken, seconded by Johnson and motion carried unanimously to receive and file the letter from Mr. and Mrs. Henry Quist, dated May 14, 1998 regarding street program on Glencrest Road. Approval of Minutes: Council/Manager Meeting - May 12 1998; City Council Meeting May 5, 1998; and Special Council/Manager Meeting - May 5, 1998 MOVED by LeSuer, seconded by Johnson and motion carried unanimously to receive and file the City Council Meeting minutes of May 5, 1998; and the Special Council/Manager Meeting minutes of May 5, 1998 as submitted; and the Council/Manager Meeting minutes of May 12, 1998 as amended: Natchez Avenue North - change option 1 to read: Keep street at 32 ft. width adjacent to the park, but construct several parallel parking bays, clearly defined as separate....; option #2 - change narrow to construct. Approval of Agenda MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the agenda of May 19, 1998 as amended: Addition of Letter and/or Petition - Letter from Mr. and Mrs. Henry Quist Regarding Street Program on Glencrest Road; and Departmental Item - Authorization to Sign 1998 Recycling Grant Agreement with Hennepin County - change motion to resolution; Addition of Mayor and Council Item - Proclamation for Nurse Assistants' Week and Nurse Assistants' Day; and Rotary Presentation. Regular Meeting of the City Council May 19, 1998 Page 3 Approval of Consent Agenda MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk, except removal of Letters and/or Petitions - Petition Regarding Bike/Walking/Running Trail on Regent Avenue North; and Addition of Mayor and Council Item - Proclamation for Nurse Assistants' Week and Nurse Assistants' Day. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Bakken, seconded by LeSuer and motion carried unanimously to authorize the payment of the bills as submitted. *General Business and Heating Licenses MOVED by Bakken, seconded by LeSuer and motion carried unanimously to authorize the issuance of license #17040 - #17093 and #7061 - #7064. *Minutes of Boards and Commissions MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the minutes received as follows: Human Services Foundation - May 11, 1998 Planning Commission -April 27, 1998 Board of Zoning Appeals - April 28, 1998 Continued Public Hearing - Street Program: 98 SI 5 - 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. Sue Mason, Project Manager, Short Elliott Hendrickson Inc., (S.E.H.) presented the project. Jeff Oliver, Assistant City Engineer 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 May 19, 1998 Page 4 Continued Public Hearing - Street Program: 95 SI 5 - 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 Jeanne Sayers, 4212 Glencrest Road, wanted clarification of what the staff recommendation is, stated she would like to have concrete curb and gutter not bituminous curb and gutters. Nancy Eicher, 817 Meadow Lane South, stated some the of the residents are concerned over the flooding of their yard when there is a heavy rainfall, and wants the city to find out what the primary source of the water is to the pond, wants to make sure that the yards don't flood; doesn't want the pond to dry up, and wants staff and the consultant to come up with a solution to the problem. Doug Spaulding, 1030 North Tryol Trail, asked about the timing of the project and if it will be completed this year. Marcia Fluer, 225 Janalyn Circle, complimented the Council on instituting the new process and stated it worked fine. Herm Held, 5400 Circle Down, reviewed the street reconstruction process and wants the Council to do the project economically. The Mayor closed the public hearing. Member Bakken introduced the following resolution and moved its adoption: RESOLUTION 98-39 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 98 SI 5 PARKVIEW TERRACE, GLENWOOD AVENUE TO NORTH TYROL TRAIL 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: 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 May 19, 1998 Page 5 Continued Public Hearing - Street Program: 95 SI 5 - 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 Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-40 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 98 SI 4 MEADOW LANE SOUTH, GLENWOOD AVENUE TO PARKVIEW TERRACE 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-41 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 95 S1 6 NORTH TYROL TRAIL, MEADOW LANE SOUTH TO WAYZATA BOULEVARD 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: 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 98-42 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 97 S1 5 JANALYN CIRCLE (NORTH), GLENCREST ROAD TO MEADOW LANE SOUTH Regular Meeting of the City Council May 19, 1998 Page 6 Continued Public Hearing - Street Program: 95 SI 5 - 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 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. Member Micks introduced the following resolution and moved its adoption: RESOLUTION 98-43 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 98 SI 3 JANALYN CIRCLE (SOUTH), GLENCREST ROAD TO MEADOW LANE SOUTH 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. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 98-44 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 97 SI 6 GLENCREST ROAD, JANALYN CIRCLE TO MEADOW LANE SOUTH 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 May 19, 1998 Page 7 Public Hearing - Preliminary Design Plan Approval - PUD #79 - Room and Board Daryl Fortier, Applicant, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed the plan and answered questions from the Council. Rick Groger, Planning Commissioner presented the Commission report. 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 LeSuer, seconded by Bakken and motion carried unanimously to approve the preliminary design plan for PUD #79, Room and Board, which permits the operation of an outlet store on weekends only at 4650 Olson Memorial Highway, 2) allows for the consolidation of the three lots into one lot, and 3) requires that the fire lane around the 4650 building be paved, along with the following conditions: 1. The proposed development would allow for the operation of the outlet store for the sale of furniture affiliated with Room and Board, limited only to Room and Board overstock or "scratch and dent" merchandise, on Saturday (10:00 am to 6:00 p.m. and Sunday (12:00 noon to 5:00 .p.m.), and limited to no more than 20,000 square feet. The approval includes the consolidation of the three properties located at 4600 4650 and 4680 Olson Memorial Highway into one lot. Any changes to the PUD would require an amendment. 2. All signage to meet the requirements of the sign code for the Industrial Zoning District and that there be no sign on the site which refers to an outlet store or retail operation other some small directional sign to be approved by staff, other than on the door going into the 4680 building. 3. If it is determined that additional parking is needed during any stage of development, the owner would be required to construct additional parking up to the amount required by the Zoning Code at the request of the Chief of Fire and Inspections. This shall be done within a reasonable time period. 4. The fire lane around 4600 building be constructed to include paving, with a bituminous curb to begin with and concrete curb and gutter be constructed at a time when an amendment to the PUD is requested within one year of approval of the general plan of development, whichever is sooner. 5. All new and upgraded parking areas must be constructed with concrete curb and gutter. Regular Meeting of the City Council May 19, 1998 Page 8 Public Hearing - Preliminary Design Plan Approval - PUD #79 - Room and Board - Continued 6. The owner shall meet all requirements of the City's surface water plan prior to the construction of any new buildings or parking lot. This will require additional engineering information be submitted to the City Engineer. 7. Any comments from MnDOT be made apart of the PUD permit. 8. The uses on the site shall meet all applicable City, State and Federal regulations. Continued Public Hearing - Preliminary Design Plan Approval - Amendment #2 - PUD #42 North Lilac Drive Addition Rick Martens introduced Linda Fisher, and Daryl Anderson who reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development reviewed the plan and answered questions from the Council. Rick Groger, Planning Commission, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Sidney Robin, 921 Toledo Avenue North, wanted to know what the distance of the project is to his property; how much noise, lighting and traffic will be generated by the project; and what the landscaping plans are. The Mayor closed the public hearing. MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve the preliminary design plan for Amendment #2, PUD #42 North Lilac Drive Addition, as follows: 1. Approval of Site Plan dated 4/21/98; Concept Landscape Plan dated 5/8/97; Photometrics Plan dated 4/21/97; preliminary plat dated 4/6/98; grading and erosion control plan dated 5/8/98; and preliminary utility plan dated 5/8/98. 2. All ponding to meet the requirements of the City Engineer and the Bassett Creek Water Management Commission. 3. The applicant complete the fire suppression system on the office building located on Lot 3. 4, Meet the parking requirements and signage permitted in the business and professional office zoning district. 6. Agree to give an easement when requested by Hennepin County for the trail. Regular Meeting of the City Council May 19, 1998 Page 9 Continued Public Hearing - Ordinance #176 - General Plan Approval - Amendment #1 - PUD #75 Menard. Inc. William Joynes introduced the agenda item. Allen Barnard and Mark Grimes, Director of Planning and Development 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 Bakken, seconded by Johnson and motion carried unanimously to table consideration of approval of the general plan, amendment #1, for PUD #75, Menard, Inc. until no later than July 8, 1998. Public Hearing - First Consideration - Ordinance #178 - Hours of Parking in City Parks The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE #178, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 10 Hours of Parking in City Parks William Joynes introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve Ordinance #178, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Regular Meeting of the City Council May 19, 1998 Page 10 Public Hearing - First Consideration - Ordinance #179 - Describing Inspections and Planning Departments and Adopting Building Code; and Clarifying_ Titles and Officials Responsible for Code Provisions The following ordinance was MOVED by Johnson, seconded by LeSuer: ORDINANCE #179, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE CHAPTERS 2 AND 4 Describing Inspections and Planning Departments and Adopting Building Code and Clarifying Titles of Department and Officials Responsible for Code Provisions William Joynes introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve Ordinance #179, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Public Hearing - First Consideration - Ordinance #180 - Regarding Alcohol Beverage Regulations for Persons Under 21 Years of Age The following ordinance was MOVED by Johnson, seconded by Micks: ORDINANCE #180, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE CHAPTER 5 Alcoholic Beverage Regulations for Persons Under 21 Years of Age William Joynes introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Micks, seconded by Bakken and motion carried unanimously to approve Ordinance #180, 2nd Series. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES Regular Meeting of the City Council May 19, 1998 Page 11 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Authorization to Enter Into a Joint Powers Agreement with School District 281 for lighting and Irrigation Improvements at Sandburg Middle School Baseball Fields William Joynes introduced the agenda item. MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the Mayor and City Manager to sign the Joint Powers Agreement with School District 281 for the lighting and irrigation improvements at Sandburg Middle School baseball fields. Extension of Portion of Valley Square Tax Increment District William Joynes introduced the agenda item. Member Bakken introduced the following resolutions and moved its adoption: RESOLUTION 98-51 RESOLUTION FOR APPROVAL OF SPECIAL LEGISLATION RELATING TO VALLEY SQUARE TIF DISTRICT 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: 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 Enter into a Contract with NSP to Bury Power Lines on Golden Hills Drive and Colorado Avenue South MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the contract with NSP to bury the overhead power lines on Golden Hills Drive and Colorado Avenue South at a cost not to exceed $31,372.00. *Receipt of April 1998 General Fund Budget Report MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file the April 1998 general fund budget report. Regular Meeting of the City Council May 19, 1998 Page 12 *Authorization to Extend Recycling Contract with Waste Management Inc MOVED by Bakken, seconded by LeSuer and motion carried unanimously to extend the recycling contract with Waste Management, Inc. until December 31, 1999. *Authorization to Hire A.J.A. Architects for Design and Bidding of Lighting, and Irrigation Improvements at Sandburg Middle School Baseball Fields MOVED by Bakken, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to enter into an agreement with A.J.A. Architects for the design, bidding and construction administration for the lighting and irrigation improvements at Sandburg Middle School baseball fields for $8,750.00. *Receipt of Oasis Mental Health Program Annual Report MOVED by Bakken, seconded by LeSuer and motion carried unanimously to receive and file Oasis Mental Health Program Annual Report dated April 29, 1998. *Authorization to Sign 1998 Recycling_ Grant Agreement with Hennepin County Member Bakken introduced the following resolutions and moved its adoption: RESOLUTION 98-52 RESOLUTION AUTHORIZING SUBMITTAL OF 1998 MUNICIPAL RECYCLING GRANT APPLICATION WITH HENNEPIN COUNTY 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: 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 - Amendment to 1996, 1997, and 1998 Community Development Block Grant Program (CDBG) - 6/2/98 MOVED by Bakken, seconded by LeSuer and motion carried unanimously to call for a public hearing to consider an amendment to the 1996, 1997, and 1998 statement of objectives and projected use of funds for the Community Development Block Grant Program (CDBG) for June 2, 1998. Regular Meeting of the City Council May 19, 1998 Page 13 *Bids -1998 Contract Sealcoating MOVED by Bakken, seconded by LeSuer and motion carried unanimously to award the bid for 1998 contract sealcoating to the lowest responsible bidder, Allied Blacktop for $44,400.00. The bids were as follows: Allied Blacktop $44,400.00 Astech Corp. 46,843.00 Announcements of Meetings The AMM Annual Meeting will be held on May 21, 1998 at the Sheridan Midway. The Board/Commission Recognition Dinner will be held on May 26, 1998 at 6:30 p.m. at the Brookview Community Center. The TwinWest Local Government Workshop on local mandates will be held on May 29, 1998 from 8:00 am -10:00 a.m. at North Hennepin Community College. The next City Council Meeting is June 2, 1998. The Northwest Hennepin Human Services Council transportation plan meeting will be held on June 8, 1998 from 8:00 a.m. - 10:00 a.m. at Crystal City Hall. Mayor and Council Communications Mayor Anderson distributed a copy of a letter from a neighborhood around Welcome Avenue. *Proclamation for Nurse Assistants' Week and Nurse Assistants' Day MOVED by Bakken, seconded by LeSuer and motion carried unanimously to proclaim June 4 - 11, 1998 as Nurse Assistants' Week and June 4 ,1998 as Nurse Assistants' Day in Golden Valley. Regular Meeting of the City Council May 19, 1998 Page 14 _Administrative Hearing - Junk Car Violation/Commercial Vehicle in Residential Area - 920 Toledo Avenue North William Joynes introduced the agenda item. Allen Barnard reviewed the procedure and conducted the administrative hearing. Dean Mooney, Director of Public Safety, reviewed the ordinance violations that exist, reviewed the process; police reports submitted, and items that need to be in compliance to be considered a recreational vehicle; and answered questions from the Council. Melvin Fishman, 920 Toledo Avenue North, stated his bus has been broken into numerous times, called the Police Department to report the crime and feels that now he has become the victim; stated that his bus has a water supply system, sink and faucet, a propane furnace, 110 volt electrical circuit with a fuse box and a 110 volt refrigerator that is ready to be installed; doesn't want to buy the license tabs until he is going to take it on the road. Both Mr. Mooney and Mr. Fishman, owner of the vehicle in question, were given full opportunity to be heard and to present all evidence and witnesses they desired. After the hearing concluded the Council debated the matter. MOVED by LeSuer, seconded by Bakken and motion carried that the Council determines that a violation of Section 10.70 of the City Code exists and orders removal of the vehicle by June 1, 1998 and if it is not removed by that date by Mr. Fishman, the Police Department shall take action to remove it. Council Member Johnson and Micks voted no. MOVED by Johnson, seconded by Micks and motion failed to amend the foregoing motion to extend the deadline until July 1, 1998 to bring the vehicle into compliance. Council Members Anderson, Bakken and LeSuer voted no. Set Date for Civil Service Commission Interviews The Council set June 2, 1998 at 5:45 p.m. as the date and time for interviewing the Civil Service Commission candidates. Reset August 4 City Council Meeting MOVED by Bakken, seconded by LeSuer and motion carried unanimously to reset the August 4 City Council meeting to August 3, 1998. Rotary Presentation Council Member Johnson stated the Rotary Club donated a piano to the City and thanked the Rotary Club for their donation. Regular Meeting of the City Council May 19, 1998 Page 15 Adjournment MOVED by Micks, seconded by Johnson and motion carried unanimously to adjourn the meeting at 9:48 p.m. ATTEST: