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07-06-99 CC Minutes Regular Meeting of the City Council July 6, 1999 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on July 6, 1999 at 6:30 p.m. The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks. Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public Works; Barb Ross, 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 from Jill LeBow Regarding Resignation from Human Rights Commission MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the letter from Jill LeBow, dated June 14, 1999 regarding resignation from the Human Rights Commission and request the Mayor send her a letter of appreciation in recognition for her service to the community. Approval of Minutes: City Council Meeting -June 1, 1999 MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the City Council Meeting minutes of June 14, 1999 as submitted. Approval of Agenda MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the agenda of July 6, 1999 as submitted. Approval of Consent Agenda MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the items on the consent agenda as amended: Removal of Organizational Item - Minutes of Boards and Commissions - Bassett Creek Water Management Commission - May 20, 1999; and Departmental Items - Authorization to Hire Short Elliott Hendrickson for Transportation Studies and Public Input Meetings for Laurel Avenue and Winnetka Avenue Area; and Authorization to Hire Short Elliott Hendrickson for Construction Services for Xenia.Avenue Extension. Mayor Anderson read the items listed on the consent agenda. Regular Meeting of the City Council July 6, 1999 Page 2 *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 licenses #17509 to #17514 and #7185 to #7191. *Taxi Driver Licenses MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the minutes received as follows: Board of Zoning Appeals - May 25, 1999 Planning Commission - June 14, 1999 Joint Water Commission - February 4, 1999 and June 22, 1999 Human Services Foundation - June 14, 1999 Open Space and Recreation Commission - May 24, 1999 Minutes of Boards and Commissions - Bassett Creek Water Management Commission - May 20, 1999 Council Member Micks asked questions of staff. Jeannine Clancy answered questions from the Council. MOVED by Micks, seconded by Johnson and motion carried unanimously to receive and file the Bassett Creek Water Management Commission minutes of May 20, 1999. Public Hearing - 98 MI 1 - Burial of Overhead Power Lines - Winnetka Heights Drive, Winnetka Avenue North to Pennsylvania Avenue North Jeannine Clancy presented the project and answered questions from the Council. William Joynes and Barb Ross 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 July 6, 1999 Page 3 Public Hearing - 98 MI 1 - Burial of Overhead Power Lines - Winnetka Heights Drive, Winnetka Avenue North to Pennsylvania Avenue North - Continued Norman Nelson, 7620 Winnetka Heights Drive, expressed his concern over the danger of the power lines going down and feels it is necessary to have the lines buried. Renee Plumart, 7500 Winnetka Heights Drive, petitioner, showed a picture of a power line on her property which shows the pole is listing toward the pond, and stated that guide wires are holding it up; stated that there have been times when the base of the pole has been submerged in water; concerned about the ramifications of live power lines going down in the pond, expressed concern over wildlife, children, dogs, pedestrians and bikers who use the area; concern over access to the area if the lines go down; stated some of the area is steep and on the waters edge, and in a wooded area; asked how will they access the area in a crisis situation, and would like the improvements done during good weather. Wilt Berger, 7810 Winnetka Heights Drive, stated they did a lot of landscaping on the backyard of their lot and is opposed to the underground burying of the lines; doesn't want any NSP truck in the backyard there burying the underground wires as they will be digging up the trees and landscaping that was planted; asked if NSP will repair the damage and how will they get their trucks back into the area to remove the pole, asked about the process for approval of the project, asked if some of the homes could be removed from the project. Robert Moore, 7740 Winnetka Heights Drive, expressed concern over his terracing and perennial flower garden as the cable, phone and electric wiring will have to be removed from the landscaping and garden; some trees and brush would have to be removed in order to get at the wiring; the terrain behind the trees is a very steep rock and hard for anyone to stand on and any equipment used would have to be operated through his property, concern for damage to backyard and there is no guarantee they would repair the damage in the area; taxes are high enough already on a retirement income; asked if cable, phone, electric wires will be buried in the same trench or will there be different trenches; is it necessary to come into the home when the work is done; asked who is responsible for payment of the assessment if they sell their property; asked if a representative of who is going to do the digging could meet with the property owners and tell them exactly what and how they are gong to proceed before the work begins; and asked if power will be stopped during the construction period. Robbin Rouillard, 7600 Winnetka Heights Drive, in favor of the project, also is concerned over the safety and condition of poles in the water; stated a number of people use the area recreation; stated the price for the work has gone up since last year; feels that as time goes on we will need to do this and it will continue to be more expensive. The Mayor closed the public hearing. Regular Meeting of the City Council July 6, 1999 Page 4 Public Hearing - 98 MI 1 - Burial of Overhead Power Lines - Winnetka Heights Drive, Winnetka Avenue North to Pennsylvania Avenue North - Continued Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 99-56 RESOLUTION ORDERING CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS 98 MI 1 WINNETKA HEIGHTS DRIVE, WINNETKA AVENUE NORTH TO PENNSYLVANIA AVENUE NORTH 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. Staff was requested to communicate the City Council and resident concerns to NSP. Public Hearing - Ordinance #205 - General Plan Approval - General Mills Addition - PUD #83 The following ordinance was MOVED by Johnson, seconded by Bakken: ORDINANCE NO. 205, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development General Mills Addition, PUD #83 General Mills, Applicant Mark Grimes, Director of Planning and Development introduced the agenda item. Todd Messerli, and Tim Carl from HGA 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 July 6, 1999 Page 5 Public Hearing - Ordinance #205 - General Plan Approval - General Mills Addition - PUD #83 - Continued William Coggins, 1612 Aquila Avenue North, asked about parking on the site and entrance on Mandan; stated that cars have parked 18 out of the last 21 days on Mandan; expressed concern where Mandan, Aquila and Boone cross as there have been a number of near accidents at that location; he has noticed that cars don't stop at the stop signs and that parking regulations are not enforced; asked about the increase of traffic on street. Robert Waytis, 2140 Aquila Avenue North, asked about the zoning of the area and what is the meaning of a PUD. Staff was requested to do a traffic study in the area now and after the addition was built. The Mayor closed the public hearing. MOVED by Micks, seconded by Bakken and motion carried unanimously to approve Ordinance #205, 2"d Series. Upon a roll call vote, the vote was as follows: ANDERSON -YES BAKKEN -YES JOHNSON - YES LESUER -YES MICKS - YES Public Hearing - Preliminary Plat Approval - Lester Addition Mark Grimes, Director of Planning and Development introduced the agenda item 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 Bakken and motion carried unanimously to approve the preliminary plat approval for the Lester Addition, subject to the following conditions: 1. A final plat be prepared that is in conformity with the minor subdivisions sketch plan that was submitted with the minor subdivision application. 2. Certain easements may be required on the final plat as required by the subdivision code and the City Engineer. 3. There shall be no park dedication required as part of this subdivision since no additional lots are being created. 4. The variance to the subdivision code is granted to allow the proposal to be considered as a minor subdivision. Regular Meeting of the City Council July 6, 1999 Page 6 Continued Public Hearing - Drainage and Utility Easement Vacation - 6020 Wayzata Boulevard 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 Bakken, seconded by LeSuer and motion carried unanimously to continue the public hearing for the drainage and utility easement vacation for 6020 Wayzata Boulevard until July 20, 1999. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the beer and/or wine at Brookview Park. *Authorization to Sign Amendment to Sanitarian Contract- Richard Swenson MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the Mayor and City Manager to sign the amendment to the sanitarian contract for Richard Swenson. *Authorization to Hire Clark Engineering for Design and Bidding of Asphalt In-Line Skating Rink at Medley Park MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize the hiring of Clark Engineering to design and construct an asphalt in-line skating rink at Medley Park for an amount not to exceed $6,000.00. *Receipt of May 1999 General Fund Budget Report MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and file the May 1999 general fund budget report. *Approval of Fire Department Relief Association By-law Amendment Regarding Pension Increase MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the by-laws of the Golden Valley Fire Relief Association increasing the pension to $5,500.00. Regular Meeting of the City Council July 6, 1999 Page 7 Authorization to Hire Short Elliott Hendrickson for Transportation Studies and Public Input Meetings for Laurel Avenue and Winnetka Avenue Area Council Member Micks asked questions about the proposal. William Joynes and Jeannine Clancy answered questions from the Council. MOVED by LeSuer, seconded by Johnson and motion carried unanimously to authorize the hiring of Short Elliott Hendrickson to provide transportation studies and conduct public input meetings for the Laurel Avenue and Winnetka Avenue area for an amount to $15,000.00 and expand the study to include Jersey Avenue. Authorization to Hire Short Elliott Hendrickson for Construction Services for Xenia Avenue Extension Council Member Micks asked questions about the proposal. William Joynes answered questions from the Council. MOVED by Johnson, seconded by Bakken and motion carried to authorize the hiring of Short Elliott Hendrickson to provide construction services for the Xenia Avenue Extension for an amount not to exceed $225,000. Council Member Micks voted no. Authorizing Issuance Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $5,015,000 General Obligation Improvement Bonds, Series 1999B Dave McGillivary, Springsted Inc, reviewed the bond sale. Don Taylor, Finance Director answered questions from the Council. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 99-57 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $5,015,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999B 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. Regular Meeting of the City Council July 6, 1999 Page 8 Call for Public Hearing - Street Vacation - Portion of Sunnyridge Lane North -7/20/99 Jeannine Clancy introduced the agenda item. MOVED by Johnson, seconded by Micks and motion carried to call for a public hearing to consider a street vacation for a portion of Sunnyridge Lane North for July 20, 1999. Announcements of Meetings The next Council/Manager meeting is July 13, 1999 at 5:30 p.m. The Housing and Redevelopment Authority meeting is July 13, 1999 at 7:00 p.m. The next City Council Meeting is July 20, 1999 at 6:30 p.m Mayor and Council Communications Mayor Anderson outlined in the information on the Sensible Land Use Coalition Seminar. Staff will distribute the brochure to the Council. Mayor Anderson stated the Council should contact staff regarding any background material regarding the deer problem Mr. Johnson, Cutacross Road is having. Mayor Anderson will contact Mr. Johnson and let him know of the Council action. *Appointment to West Suburban Mediation Center Board of Directors MOVED by Johnson, seconded by LeSuer and motion carried to appoint Al Eklof as Golden Valley's representative to the West Suburban Mediation Center Board of Directors for a term which expires December 31, 1999. Highway 100 Sound Wall Council Member LeSuer reviewed his memo and requested the Council adopt the resolution he submitted and asked that a copy of the resolution be forwarded to the State Representatives, Commissioner of Transportation and Metropolitan Council Chair. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 99-58 RESOLUTION REGARDING HIGHWAY 100 SOUND WALL Regular Meeting of the City Council July 6, 1999 Page 9 Highway 100 Sound Wall - Continued 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. The Council will discuss at a future Council/Manager meeting how other cities could improve the impact passing similar a similar resolution and Council Member LeSuer will speak to staff at the Association of Metropolitan Municipalities. Adjournment The Mayor adjourned the meeting at 8:25 p.m. 227 Parlehliave-/ Mary E. il'derson, Mayor ATTEST: • //A. U• Nally 6,dministrative fi ecretary