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12-06-83 CC MinutesRegular Meeting of the City Council December 6, 1983 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 December 6, 1983 at 6:45 PM. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: Acting City Manager, Lowell Odland; City Attorney, Robert Skare; and Deputy City Clerk, Judy Nally. Approval of Minutes - November 15, 1983 MOVED by Mitchell, seconded by Johnson and motion carried unanimously to approve the minutes of the City Council meeting of November 15, 1983 as submitted. Approval of Agenda MOVED by Anderson, seconded by Mitchell and motion carried unanimously to approve the agenda of December 6, 1983 as amended: Addition of Item 6D: Compensation of Acting City Manager Approval of Consent Agenda MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). • *Bills and Claims MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize payment of the bills as submitted. *I i rancac MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the issuance of licenses #8498 to #8500 and #8565 to #8606. Mayor Thorsen abstained from voting on licenses #8577 to #8579 stating a potential conflict of interest. *Raffle License - Golden Valley Senior Citizen Program MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the raffle license for the Golden Valley Senior Citizen Program. *House Moving Permit - Badger Movers MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the house moving permit for Badger Movers to move the house at 9315 Golden Valley Road from the City of Golden Valley to a permanent site outside the City limits. v Regular Meeting of the City Council *Minutes of Boards and Commissions December 6 ,1983 . MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - November 10, 1983 Board of Zoning Appeals - November 10, 1983 Planning Commission - November 14, 1983 and December 1, 1983 Public Hearing - RSL 141 - Regent Avenue Lowell Odland 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Mitchell introduced the following resolution and moved its adoption: WAqiio,,y Aic - 83 -1c 1 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 141 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, Johnson, Mitchell, Stockman and Thorsen, 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 Deputy • City Clerk. See Resolution Book Page Public Hearing - RSL 142 - Cherokee Place Lowell Odland 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Johnson introduced the following resolution and moved its adoption: rlAetttie N Ni) . S3 -I65 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 142 The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, 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 Deputy City Clerk. See Resolution Book Page 0 Regular Meeting of the City Council December 6, 1983 Public Hearing First Reading - Conditional Use Permit - 6620 Wayzata Boulevard - aco Bell • MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: bkb1hIAM(E NO • b1z AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Industrial Zoning District) 6620 Wayzata Boulevard Lowell Odland reviewed the backgound on the permit. Dave Thompson, Planning Commissioner, stated that the Planning Commission referred the item to the Council without a recommendation because of three to three tie vote, and answered questions from the Council. Michael Madden, representing the proponent, reviewed and rebutted the ten items that the Planning Commission reviewed when it considered the permit 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. Robert Skare answered questions regarding legal conforming uses, nonconforming uses, adding conditions to the permit regarding parking. • MOVED by Anderson, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. There shall be no expansion of inside seating capacity or addition of stand up eating area beyond that shown on plans submitted with the conditional use permit application including Sheet EQ1, prepared by Taco Bell and dated September 9, 1983. 2. At no time in the present or future shall approval be granted for a drive up window facility. 3. There shall be compliance with all requirements and recommendations of the City Building Inspector, Fire Marshal and Sanitarian. 4. Building exterior shall comply with City of Golden Valley Codes and guidelines and shall meet the approval of the Building Board of Review. 5. Site landscaping shall conform to the City of Golden Valley Landscape Standards and shall meet the approval of the Building Board of Review. A landscape bond as specified by the Building Board of Review shall be provided prior to issuance of a building permit. 6. All signage on site shall conform to the City of Golden Valley Sign Regulations and shall meet the approval of the City Building Inspector. 7. The facility owner/operator shall maintain the site in a clean and litter free manner and shall be responsible for the clean up of any litter in the immediate vicinity resulting from the facility or its customers. 8. There shall be no off-street parking in the immediate public right-of-way abutting the subject site. • 9. Failure to comply with one or more of the conditions of approval shall be grounds for revocation of the conditional use permit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Regular Meeting of the City Council December 6, 1983 Public Hearing - No Parking - TH 12 Frontage Road East of Hampshire • Lowell Odland reviewed the staff recommendation and answered questions from the Council. Dave Thompson, Planning Commissioner, reviewed the Planning Commission recommendation. 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. Member Johnson introduced the following resolution and moved its adoption: qSDl- j f-; 0 ht ko . p-IaH RESOLUTION RESTRICTING PARKING ON TH12 NORTH FRONTAGE ROAD The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Mitchell, Stockman and Thorsen, 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 Deputy City Clerk. See Resolution Book Page Public Hearing - Revised Preliminary Plat Approval- Tolg Addition Council Member Johnson abstained from the discussion and voting on this item, stating a potential conflict of interest. Sam Courey, of Courey, Schwinn, Kodadek and McRoberts; representing the proponent, was present to answer questions from the Council. Lowell Odland answered questions regarding extending the watermain, drainage of the property. Robert Skare answered questions regarding what the city can require of the proponent regarding the drainage of the property. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Lee Mosher, Attorney representing Mr. and Mrs. Virgil Mylan, 204 Sunnyridge Lane, stated that the residents are concerned over the drainage of the plat, water obsorption rate, water course and asked the consideration be given to installing a storm sewer or require the developer dedicating land for a ponding area. Virgil Mylan, 204 Sunnyridge Lane, gave a history of the water problems that have occurred on his property. The Mayor closed the public hearing. Robert Skare answered questions regarding requiring of installation of of a watermain, obtaining easements, and recommended procedure the council can follow. is Bruce Grivna, Egan, Field & Nowak, answered questions regarding the drainage and berming of the plat. Regular Meeting of the City Council December 6, 1983 Public Hearing - Revised Preliminary Plat Approval - Tolg Addition - Continued MOVED by Anderson, seconded by Mitchell and motion carried to defer approval of the revised preliminary plat for Tolg Addition and request staff and the proponents to work together to resolve the drainage problems on Lot 6 and submit a plan potentially installing a looped watermain, consider using land dedication or easement. Public Hearing - Street Vacation - Busch Street The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Rita Busch, stated that proponent Robert L. Johnson has defaulted on his contract for deed by and would not like the property vacated until payment is received. John Duffy, R. Johnson Construction and Development, asked that consideration of the street vacation be deferred until the December 20, 1983 Council meeting. Lee Watson, Attorney representing an adjoining land owner, stated his client had traveled a long distance to attend the meeting and requested that he be notified when the matter will be heard. Robert Skare stated that because of the question as to the owner the Council can dismiss the petition until the December 20, 1983 meeting. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to dismiss • the petition for the vacation of Busch Street, unless evidence is produced, by December 14, 1983, showing clear ownership or title or the concurrence in writing by the Busch's. Continued Public Hearing - First Reading - General Plan Approval - PUD #42 - North Lilac Drive Addition Council Member Anderson abstained from the discussion and voting on this item, stating a potential conflict of interest. Lowell Odland stated that no revised plans have been received from the proponent and recommended that the public hearing be continued. MOVED by Stockman, seconded by Mitchell and motion carried to continue the public hearing on PUD #42 to the December 20, 1983 Council meeting. Public Hearing - BZA Aapeal cf 21�1,' knooe Island Avenue North Lowell Odland reviewed the 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 Stockman, seconded by Johnson and motion carried unanimously to grant the appeal from the BZA on 2501 Rhode Island Avenue North. Regular Meeting of the City Council December 6, 1983 Public Hearing - Second Reading - Conditional Use Permit - 2501 Rhode Island Avenue ort • MOVED by Johnson, seconded by Anderson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: 00)IrMNU� W. 01 AN ORDINANCE AMENDING THE ZONING CODE (Conditional Use Permit for Commercial Zoning District) 2501 Rhode Island Avenue North 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 Mitchell, seconded by Johnson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. Sales shall be limited to bedded plants, seasonal produce in season, cut fresh flowers and firewood. No antiques, handcraft items, meats or other processed food shall be permitted. 2. Hours of operation shall be within the limitations of 7:00 AM to 7:00 PM on Mondays, Tuesdays, Wednesdays, and Saturdays during the months of April through October. 3. The market and parking areas indicated on the site plan submitted with the application shall be finished with gravel, and the landscaped setback areas shall be seeded prior to initial operation of the farmers market. . 4. Vendor spaces shall be 20 feet wide and 50 feet deep arranged as indicated on the site plan submitted with the application. 5. A maximum of eleven (11) vendor vehicles shall be allowed on the farmers market site at any one time. 6. Vendor vehicles shall be limited to a maximum size of two (2) tons in weight. 7. A refuse container shall be available on site, and the site shall be maintained in a clean manner during the following each day of operation. 8. Signage shall conform to City of Golden Valley Sign Regulations and shall meet the approval of the City Building Inspector. 9. Failure to comply with one or more of the conditions of approval shall be grounds for revocation of the Conditional Use Permit. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES MITCHELL - YES STOCKMAN - YES THORSEN - YES Letter from Fred Moore, Chair, Suburban Rate Authority Regarding Update of Activities and Participation in Organization Lowell Odland reviewed the history of the organization and Golden Valley's participation in the organization. MOVED by Anderson, seconded by Mitchell and motion carried unanimously to receive and file the letter from Fred Moore, Chair, Suburban Rate Authority, dated November 1, 1983, regarding an update of activities and participation in the Suburban Rate Authority. • Regular Meeting of the City Council December 6, 1983 Letter from Idell Silberman and Barbara McKernan Regarding Resignation from Northwest Hennepin Human Services Council A visory ommission MOVED by Johnson, seconded by Mitchell and motion carried unanimously to receive and file the letter from Idell Silberman, dated November 23, 1983 and the letter from Barbara McKernan, dated November 22, 1983 regarding their resignations from the Northwest Hennepin Human Services Council Advisory Commission and request the Mayor send a letter of appreciation to them. *Call for Public Hearing - Street and Alley Vacation - South Wirth - 1/17/84 MOVED by Stockman, seconded by Johnson and motion carried unanimously to call a public hearing to consider vacation of Sunnyridge Lane and South Wirth alley for January 17, 1984. Authorization to Sign Contract with TKDA for Golf Course Engineering Study Lowell Odland reviewed the proposal and answered questions from the Council. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize the Mayor and Acting City Manager to sign the agreement with TKDA for the preliminary and final design work for the reconstruction of the Brookview Golf Course. Executive Session Tapes Robert Skare reviewed his recommendation and answered questions from the Council. • MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the list of tapes and the memos from the City Attorney, dated July 21, and 25, 1983, and direct the City Manager retain all executive session tapes for a period of ten years, at that time review all tapes to determine if the cases are still active and if the decision is to destroy them to follow the usual procedure for destruction. *October Budget Report MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the budget report for October, 1983. *Authorization to Hire Minnesota Toro, Inc. for Irrigation System Planning MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the hiring of Minnesota Toro, Inc. to provide consulting services for the irrigation project at the Brookview Golf Course for an amount not to exceed $2,500 *Settlement of Romaniak Condemnation MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the City Attorney to settle the Romaniak condemnation case. *Authorization to Sign Agreement Amendment with Golf Car Midwest • MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the Mayor and Acting City Manager to sign the agreement amendment with Golf Car Midwest. Regular Meeting of the City Council December 6, 1983 *Authorization to Sign Agreement Amendment with Kokesh Athletic and Golf Supplies, Inc. • MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize the Mayor and Acting City Manager to sign the agreement amendment with Kokesh Athletic and Golf Supplies, Inc. *Authorization to Add an Addendum to the Agreement with Braun Engineering for Soil Borings for Good Shepherd Properties MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize an addendum to the contract with Braun Engineering to include soil borings and engineering report for the Good Shepherd property, funded by the Parks Capital Improvement Fund, Consultant Services. *Quotes - Hydraulic Press MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase a 50 ton hydraulic press for the maintenance shop from the lowest responsible bidder, Snap-On for $1,782.60. The quotes are as follows: Snap-On $1,782.60 Rite -Way 2,499.04 OTC 2,587.70 *Quotes - Painting Office Furnishings MOVED by Stockman, seconded by Johnson and motion carried unanimously to authorize . the electrostatic painting of office furnishings, from the lowest responsible bidder, Electro Painters, Inc. for $4,175.00 and to establish a special program for office refinishing and transfer $5,000 from the Contingency Fund to that program. The quotes were as follows: Electro Painters, Inc. $4,175.00 Midwest Office Equipment, Inc. 4,186.31 Midwest Electrostatic Refinishers 4,703.00 *Quotes - Kwik Lathe MOVED by Stockman, seconded by Johnson and motion carried unanimously to purchase a kwik lathe for the front wheel drive cars from the lowest responsible bidder, Rite -Way for $1,086.30. The quotes were as follows: Ri to -Way L -O -T $1,086.30 1,174.50 Contract for Director of Administrative Services Selection Pete Meyer, MDA was present to review the proposal for continuation of the process for the selection of the Director of Administration Services position, job benefits and relocation expenses. MOVED by Anderson, seconded by Stockman and motion carried unanimously to authorize the Mayor and Acting City Manager to sign an agreement with MDA for the continuation • of the process for the selection of the Director of Administrative Services as outlined in their December 1, 1983 proposal. Staff was requested to prepare a printout of what funds have been expended and what is projected to be spent for the selection process. Regular Meeting of the City Council Announcements of Meetings December 6, 1983 • Mayor Thorsen and Council Member Anderson will meet attend a Northwest Hennepin Human Services Council meeting on December 8, 1983 at 4:30 PM at Thorson School. There will be a reception for Mayor Thorsen, Council Member Mitchell and former City Manager Jeff Sweet on December 21, 1983 from 2:30 - 4:30 PM in the Council Chambers. The 1984 Council will meet on January 9, 1984 at 4:30 PM to discuss the format for interviews for the Council vacancy. Adjustment in Contract with Gene Sylvestre and Associates Council Member Mitchell recommended that Gene Sylvestre and Associates contract be increased by $150 per month. MOVED by Mitchell, seconded by Anderson and motion carried unanimously to increase the rate paid Gene Sylvestre and Associates by $150 a month beginning January 1, 1984. MOVED by Mitchell, seconded by Johnson and motion carried unanimously to tranfer $1,800 from the Contingency Fund to the 1984 HRC Budget. Report from MDA on City Manager Selection Process Pete Meyer, MDA was present to discuss with the Council the salary range, job • benefits, relocation expenses, etc. regarding the selection of a new City Manager, updated the Council on the status of the process, and expected timetable. MOVED by Johnson, seconded by Mitchell and motion carried unanimously to authorize MDA, as the City's representative, to use the management benefits guidelines in preliminary discussions with candidates for the City Manager position, authorize the expenditure and require a complete medical examination to be reviewed by a City designated Doctor. Compensation of Acting City Manager MOVED by Mitchell, seconded by Stockman and motion carried unanimously to compensate Lowell Odland as Acting City Manager at the rate of an addition $600 a month for the time he serves in that capacity beginning with the month of December, 1983. Adjournment MOVED by Mitchell, seconded by Johnson and motion carried unanimously to adjourn the meeting at 10:15 PM. os mar orsen, a or • ATTEST: "1y, City Clerk