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09-18-84 CC MinutesRegular Meeting of the City Council September 18, 1984 • 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 September 18, 1984 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Thomas Snetsinger, Assistant City Engineer; Robert Skare, City Attorney and Deputy City Clerk, Judy Nally. Approval of Minutes - September 4, 1984 MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the minutes of the City Council meeting of September 4,1984 as submitted. Approval of Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the agenda of September 18, 1984 as amended: Addition of Departmental Item: Moving and/or Burning of Houses - Rhode Island Avenue North Approval of Consent Agenda • MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*►. *Bills and Claims MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #9260 to #9267. *Raffle License - Breck School MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of a raffle license for Breck School, waiving the bond requirement and police supervision provisions as outlined in Section 805 of the City Code. *Solicitor's License - Minnesota Freeze MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the solicitor's license for Minnesota Freeze. • Regular Meeting of the City Council *Minutes of Boards and Commissions September 18, 1984 MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive • and file the minutes received as follows: Open Space and Recreation Commission - August 27, 1984 Planning Commission - September 10, 1984 *Call for Public Hearing - Ordinance Amendment - Manufactured Housing - 10/16/84 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an ordinance amendment to the zoning code regarding manufactured housing regulations for October 16, 1984. *Call for Public Hearin - Ordinance Amendment - Conditional Uses in Industrial istricts - MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an ordinance amendment to the zoning code regarding adding conditional uses in the industrial zoning district for October 16, 1984. *Call for Public Hearing - Ordinance Amendment - Heliports - 11/7/84 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider an ordinance amendment to the zoning code regarding providing for heliports as a conditional use for November 7, 1984. Public Hearing - First Reading - General Plan Approval - PUD #46 - Calvary • Lutheran Church Council Member Johnson abstained from the discussion and voting on this item, stating a potential conflict of interest. MOVED by Bakken, seconded by Thompson and motion carried to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE ZONING CODE (Approval of General Plan of Development to Planned Unit Development No. 46) Calvary Lutheran Church William Joynes introduced the agenda item and reviewed the bonding requirements. Bob Thompson, Proponent, was present to answer 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. C `7/ Regular Meeting of the City Council September 18, 1984 Public Hearing - First Reading - General Plan Approval - PUD #46 - Calvary Lutheran Church - Continue MOVED by Stockman, seconded by Thompson and motion carried to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. Construction of the revised main parking lot fronting on Golden Valley Road, including provision of landscaped setback from Golden Valley Road to the parking lot, shall be completed by the end of the 1986 construction season. 2. Prior to issuance of permits for building and site improvements, a landscape bond in an amount of $16,800 as established by the Building Board of Review shall be executed and delivered to the Golden Valley Inspection Department. The landscape bond shall run for two growing seasons following installation of landscaping materials, until released by the Golden Valley Inspection Department, and until a bond for landscaping of setback to the parking lot on Golden Valley Road is delivered to the City Inspection Department. The amount of the landscape bond for landscaping along Golden Valley Road shall be determined by the Golden Valley Inspection Department, and the bond shall run for two growing seasons following installation of landscaping materials. 3. On October 1, 1984 an escrow account shall be established in an amount to be determined by the City Engineering Department as a financial guarantee for completion of bituminous surfacing, curb and gutter, and walks included in initial construction. Funds shall be released by the City of Golden Valley upon completion of work and released by the City of Golden Valley upon completion of work and approval of the City Engineering Department with retention of five percent of the escrow amount until establishment of a new escrow account to guarantee later phase bituminous and concrete work involved in redesign of the parking lot fronting on Golden Valley Road. The subsequent escrow amount for bituminous and concrete work along Golden Valley Road shall be in an amount to be determined by the City Engineering Department and shall be released upon completion of work and approval of the City Engineering Department. 4. The existing sanitary sewer main on vacated Rhode Island Avenue North shall be properly abandoned, and the manhole on the south side of the railroad line shall be properly sealed. 5. The existing watermain on vacated Rhode Island Avenue North shall be properly disconnected and sealed. 6. The developer shall install a new manhole at the end of the sanitary sewer line on Pennsylvania Avenue North, and sanitary sewer service connection shall be completed to the residence located at 831 Pennsylvania Avenue North as shown on the utilities plan, sheet 4 of the PUD General Plan of Development. A private 15 foot wide utility easement shall be granted over Lot 4 for the private sanitary sewer connection to Lot 3. 7. The existing sanitary sewer drainfield on the properly located at 831 Pennsylvania Avenue North shall be properly abandoned. 8. Water service connection shall be completed to the residence located at 855 Pennsylvania Avenue North as shown on the utilities and grading plan, sheet No. 4 of the PUD general plan of development. 9. The storm sewer shall be connected with existing City storm sewer on Tenth Avenue North as shown on the utilities plan, sheet 40 of the PUD general plan of development. The storm sewer on the PUD site shall be owned and maintained by the PUD owner or owners, but the storm sewer in street right- of-way shall be owned and maintained by the City. 10. The existing well on Lot 2 shall be properly capped in accordance with requirements of the State Board of Health. N Regular Meeting of the City Council September 18, 1984 Public Hearing - First Reading - General Plan Approval - PUD #43 - Schneck's Firehouse Addition MOVED by Stockman, seconded by Thompson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: IfIMI/llAMIeF ale. AN ORDINANCE AMENDING THE ZONING CODE (Approval of General Plan of Development to Planned Unit Development No. 43) Schneck's Firehouse Addition William Joynes introduced the agenda item. Ron Schneck, Proponent, was present to answer 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. Kathy Vesely, 5525 Phoenix Avenue, she had questions regarding the draining plan. Leona Lev, 5605 Phoenix Avenue, she had questions regarding the outside of the structure. • L. Corcoran, 1015 North Lilac Drive, he had questions regarding the price of the units. 0 Public Hearing - First Reading - General Plan Approval- PUD #46 - Calvary Lutheran Church - Continued 11. A stop sign shall be installed at the parking lot exit onto Rhode Island Avenue North. 12. The PUD shall meet all requirements and recommendations of the City Building Inspector, City Fire Marshal and City Sanitarian. 13. Ten foot drainage, utility and street maintenance easements shall be added along Pennsylvania Avenue North and Golden Valley Road street frontages on the Final Plat. 14. In the event that a portion of the property in the PUD is sold to another party, the purchase agreement shall require the new owner(s) to maintain the property in a manner that is consistent with standards established by the City of Golden Valley with regard to maintenance of private property. 15. Title examination shall be completed by the City Attorney prior to approval of the Final Plat. 16. Security lighting shall be installed in the back yards of the two former residences on Pennsylvania Avenue North. 17. Landscaping materials shall be adjusted or trimmed to maintain visibility of windows and doors for security purposes. 18. All fireplaces shall be sealed closed by lockable doors or fixed safety glass. 19. All smoke detectors and heat detectors shall be hardwired and interfaced. 20. All fire doors shall be solid core with self-closing devices. 21. Fire extinquishers shall be 5#, A.B.C. type, and located as indicated on floor plan sheets 1 through 4 for the Christian Education Day Care and Christian Counseling Centers. • Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - ABSTAIN STOCKMAN - YES THOMPSON - YES Public Hearing - First Reading - General Plan Approval - PUD #43 - Schneck's Firehouse Addition MOVED by Stockman, seconded by Thompson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: IfIMI/llAMIeF ale. AN ORDINANCE AMENDING THE ZONING CODE (Approval of General Plan of Development to Planned Unit Development No. 43) Schneck's Firehouse Addition William Joynes introduced the agenda item. Ron Schneck, Proponent, was present to answer 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. Kathy Vesely, 5525 Phoenix Avenue, she had questions regarding the draining plan. Leona Lev, 5605 Phoenix Avenue, she had questions regarding the outside of the structure. • L. Corcoran, 1015 North Lilac Drive, he had questions regarding the price of the units. 0 Regular Meeting of the City Council September 18, 1984 Public Hearin - First Reading - General Plan Approval - PUD #43 - Schneck's Tire ouse Addition -Continued • The Mayor closed the public hearing. MOVED by Stockman, seconded by Bakken and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. The landscape plan shall meet the approval of the Building Board of Review. 2. The Declaration of Covenants, Conditions and Restrictions for joint homeowner maintenance of units shall be revised in accordance with direction from the office of the City Attorney. 3. The developer shall be responsible for installation of utility service connections to each unit from points of intersecton with main lines in the street. 4. There shall be no closing of Lindsay Street to accommodate installtion of utility service connections. 5. The developer shall pay $6,000 in park dedication fees in compliance with Section 440:80 (2) of the City Subdivision Regulations prior to Final Plat approval. 6. A service door entrance shall be provided on the side wall of each garage to allow entry and egrees without opening of full overhead doors and for fire safety. 7. Small roofs over entries shall extend over edges of steps or shall be provided with rain gutters. 8. Plumbing access doors shall be provided for bath tubs. 9. Floor drains shall be provided in laundry rooms. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Informal Public Hearing - Appeal from Board of Zoning Appeals Denial - Robert. D. Herchenbach Lloyd Becker, Director of Zoning and Inspections, reviewed the Board of Zoning Appeal's recommendation for denial of a request for a variance at 9210 Plymouth Avenue North 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. Robert D. Herchenbach, Proponent, reviewed the request and answered questions from the Council. The Mayor closed the public hearing. MOVED by Thompson, seconded by Stockman and motion carried unanimously to affirm the findings and the decision of the Board of Zoning Appeals and find that there is no basis of hardship as required by city ordinance and by state law. • Regular Meeting of the City Council September 18, 1984 Waiver of Public Hearings 83 WM 3, 83 SI 8 and 83 LF 5 • Member Johnson introduced the following resolution and moved its adoption: &5ej1,077 oA/ N4. 974� y( RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83WM3 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, Stockman and Thompson, 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 Member Stockman introduced the following resolution and moved its adoption: "SUGUrIVA/ N0. gy -9 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83 SI 8 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, Stockman and Thompson, 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 Member Thompson introduced the following resolution and moved its adoption: 10,4<_077e,41,110. fq- 98 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3 AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 83LF5 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, Stockman and Thompson, 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 *Call for Public Hearing - Golden Hills Redevelopment Plan - 10/16/84 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a, public hearing to consider approval of the Golden Hills Redevelopment Plan for October 16, 1984. 0 Regular Meeting of the City Council September 18, 1984 Moving and/or Burning of Houses on Rhode Island Avenue North • Council Member Johnson abstained from the discussion and voting on this item, stating a potential conflict of interest. William J oynes introduced the agenda item. MOVED by Thompson, seconded by Bakken and motion carried to accept the staff recommendation to move and/or burn the house or houses on Rhode Island as outlined in the memo from Lloyd Becker, Director of Zoning & Inspections dated September 18, 1984. Final Approval - Industrial Revenue Bond - Unicare Homes William Joynes 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. Member Bakken introduced the following resolution and moved its adoption: 1?.FL&1,1 �-/o cv Al&. fs;11- 99 RESOLUTION OF THE CITY COUNCIL OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $9,500,000 AGGREGATE PRINCIPAL AMOUNT CITY OF GOLDEN VALLEY, MINNESOTA, VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (UNICARE HOMES, INC. PROJECT) SERIES 1984, DATED AS OF THE DATE OF DELIVERY THEREOF, WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE . SOLELY FROM THE REVENUES DERIVED PURSUANT TO THE LOAN AGREEMENT, THE LETTER OF CREDIT, OR OTHER DISPOSITION OF THE PROJECT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING THE AUTHENTICATION AND DELIVERY THEREOF; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, BY AND BETWEEN THE CITY OF GOLDEN VALLEY, MINNESOTA, AND UNICARE HOMES, INC., A DELAWARE CORPORATION, AS BORROWER; AUTHORIZING THE CONFIRMATION AND ACCEPTANCE OF THE BOND PURCHASE AGREEMENT; AUTHORIZING THE DISTRIBUTION OF THE OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDERS OF SAID BONDS The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson, 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. See Resolution Book Page *Quotes - Sewer Jet Machine Hose MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase high pressure hose for the sewer jet machine from the lowest responsible bidder, Flexible Pipe Tool Company for $1,100.00. The quotes were as follows: Flexible Pipe Tool Co. $1,100.00 Sreco Sewer Rodding Equipment 1,150.00 0 Regular Meeting of the City Council September 18, 1984 *Quotes - Repair of Mini Pumper and Front Line Pumper • MOVED by Johnson, seconded by Stockman and motion carried unanimously to provide and install a pump on the mini pumper, from the lowest responsible bidder, General Safety Equipment corporation for $3,076.00; for transmission repair on the front line pumper from the lowest responsible bidder, Interstate Diesel for $3,794.50; and transfer $6,029.00 from the General Contingency Account in the General Fund (Account #01-4920-027-01) to the Fire Department Maintenance Repair Account in the General Fund (Account #01-4860-346-23). The quotes were as follows: mini pumper General Safety Equipment Corporation $3,076.00 Custom Fire Apparatus 3,325.00 front line pumper Interstate Diesel 2,952.50 Fleet Maintenance, Inc. 3,794.50 *Quotes - Portable Bar Reconditioning MOVED by Johnson, seconded by Stockman and motion carried unanimously to have the portable bar recondioned by Carbonic Machines for $1,196. Carbonic Machines is the only vendor. MDA Evaluation of Candidates for Director of Planning and Development Position William J oynes introduced this agenda item. MOVED by Johnson, seconded b Stockman and motion carried unanimous) to authorize Y Y the expenditure of $4,000 from the Contingency Fund to send the five finalists for the Director of Planning and Development position to MDA for evaluation. *Approval of City Manager Relocation Benefits MOVED by Johnson, seconded by Stockman and motion carried unanimously to provide $19,756 relocation benefits for the City Manager. Announcements of Meetings Mayor Anderson, Council Member Stockman and William Joynes will meet on October 1, 1984 at 4:00 PM in the Mayor/Council Office regarding police policies The Council Cable TV and Council Expense Subcommittees will set meeting dates at the October 2, 1984 council meeting. The Council discussed the time schedule regarding the swimming pool decision. They will receive the report from the Open Space and Recreation Commission at the November 20, 1984 Council meeting, review the report and discuss it at the December 11, 1984 Council/Manager meeting and call a public hearing for January 15, 1985 Council meeting. NLC Delegate • MOVED by Thompson, seconded by Johnson and motion carried unanimously to designate Mayor Anderson as the delegate and Council Member Bakken as the alternate for the National League of Cities Annual Business Meeting. Regular Meeting of the City Council Adjournment September 18, 1984 MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 8:10 PM. Mary E. A erson, Mayor ATTEST: u yN ly , Dep y City Clerk • • a