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12-04-84 CC MinutesRegular Meeting of the City Council December 4, 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 December 4, 1984 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Robert Skare, City Attorney and Deputy City Clerk, Judy Nally. Approval of Council Minutes - November 20, 1984 MOVED by Bakken, seconded by Johnson and motion carried unanimously to approve the minutes of the City Council meeting of November 20, 1984 as submitted. Approval of Agenda MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve the agenda of December 4, 1984 as submitted. 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. *Claim from Mike Pisansky, 2115 Regent Avenue North MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the claim from Mike Pisansky and refer it to the insurance company. *Claim from Peggy Ann and Louis J. Filiatrault MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the claim from Peggy Ann and Louis J. Filiatrault and refer it to the insurance company, *Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #9307 to #9333 and #5586 to #5588. *Taxi Cab and Taxi Driver Licenses MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the issuance of taxi cab licenses and taxi driver licenses as recommended by staff. • Regular Meeting of the City Council *Minutes of Boards and Commissions December 4, 1984 MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive 0 and file the minutes received as follows: Planning Commission - November 26, 1984 *Call for Public Hearing — Preliminary Plat Approval - Valley Village 2nd Addition ----172-7F5 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider approval of the preliminary plat of Valley Village 2nd Addition for January 2, 1985. *Call for Public Hearing - Preliminary Plat Approval - Dischinger Addition - 2 MOVED by Johnson, seconded by Stockman and motion carried unanimously to call a public hearing to consider approval of the preliminary plat of Dischinger Addition for January 2, 1984. Public Hearing - Preliminary Design Plan Amendment Approval - PUD #39 - West Metro Surgical Center Linda McCraken-Hunt, Planning Commissioner, stated the Planning Commission recommended approval of the preliminary design plan amendment. • 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 Thompson and motion carried unanimously to approve the preliminary design plan amendment for PUD #39. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Public Hearing - First Reading - Conditional Use Permit 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: &j?DiNq n/c,E VO. &U-7 AN ORDINANCE AMENDING THE ZONING CODE ( Conditional Use Permit for Multiple M-1 Zoning District) 6739 Golden Valley Road Mayor Anderson reviewed the procedure that the Council follows when holding a public hearing on a zoning matter. Henry Norton, President of The Kelly Institute; David Morin, Program Director; and Felix Phillips, Attorney, were present and reviewed the conditional use permit and answered questions from the Council. mo Regular Meeting of the City Council December 4, 1984 Public Hearing - First Reading - Conditional Use Permit - 6739 Golden Valley Road - Continued Linda McCracken -Hunt, Planning Commissioner, stated the Planning Commission recommended approval of the conditional use permit and answered questions from the Council. Dick Huntley, Human Rights Commissioner, stated the Human Rights Commission recommended approval of the conditional use 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. Russ Sorenson, Attorney from Thiel, Sorenson, Thiel, Campbell and Gunderson, representing residents in the surrounding neighborhood, outlined the residents concerns, reviewed the definitions of the zoning code, and answered questions from the Council. Susan Lentz, 222 Grain Exchange Building, new resident of Golden Valley, Attorney representing Minneapolis Legal Aid, reviewed definitions and outlined reasons why the Council should approve the permit. Patty McElroy, 1320 Edgewood Avenue North, she had questions regarding the type of residents that would live at OASIS, why the family members of the residents at OASIS were not able to help, and also had concerns over the safety of the neighborhood. • Helen Vodovoz, 111 Ottawa Avenue South, she works as a nurse in the mental health field, has had experience professionally and personally with the chronically mentally ill and feels that communities should provide resources to help those in need. Jane Scofield, 1031 Idaho Avenue North, she wanted to know the reasons why that particular site was choose, does not feel the facility belongs in the neighborhood, has concerns over residents harming other people, and wanted to know why the City zoning code is not being upheld. Nadine Phillips, Hennepin Avenue South, she stated she is an ex -resident of Janus House, the type of person who could be living at the OASIS and stated how staying at Janus House helped her. Vicki Leba, 1111 Idaho Avenue North, she relayed information she had heard about incidents which had occurred at Janus House, wanted to know why the Golden Valley Health Center site could not used, felt that because Damascus Way is within 3/4 mile of the proposed OASIS that it will be in violation of the City zoning code, and felt that Golden Valley residents will not be served by the facility. June Thiese, Hennepin County, she monitors current facilities for the County, she explained the incidents which had occurred at Janus House, and described the type of resident that would live at OASIS. • Larry Berscheit, 1605 Douglas Drive, he had comments regarding a treatment facility for chemically dependent youth in his neighborhood. 0 Regular Meeting of the City Council December 4, 1984 Public Hearing - First Reading - Conditional Use Permit - 6739 Golden Valley Road - Continued • Bernell Reistad, 6908 Bethal Lane, Brooklyn Park, he feels that communities are responsible to provide facilities for the mentally ill in a suburban setting. Linda Marzinske, 6739 Golden Valley, she feels the the rights of the present residents should be considered, many of the current residents are seniors and/or disabled and they will have a hard time finding a place to live. Frank Viska, 1231 Hampshire Avenue North, he feels that the location is bad because of the traffic and noise and this will have a bad impact on the residents of OASIS. Robert Oberg, 1030 Idaho Avenue North, he wanted to know why the taxpayers have to pay to support the residents and why their families do not help them. Michael Buegen, 1784 Maryland Avenue North, he is a pharmacist who services residential facilities and welcomes the facility to the community. Jim Auron, 5501 Green Valley Drive, Director, Mental Health Association of Hennepin County, he distributed information regarding the effect a residential facility would have on property values. Richard Pavel, 2500 Byrd Avenue North, he supports the facility. Betty Spartz, 6431 Phoenix Street, she wanted to know how residents were notified of the proposal for the facility, and felt that notification of residents within 500 feet of the facility was not adequate. Gloria Levine, 6541 Golden Valley Road, she feels the residents living at 6739 are tax payers now and they should not have to move, and questioned the funding for OASIS. Dan Offerman, 6739 Golden Valley Road, feels the Council should consider the residents of the site, he wanted to know why the residents were never informed of what was happening at the building. Ms. Alch, 6739 Golden Valley Road, she feels the residents should not be displaced because of the facility, and wanted to know if the facility was a profit or non- profit facility. Jerry Alch, 6739 Golden Valley Road, he wants to know where he will find a place to live. Marge Wherley, Hennepin County, answered questions from the Council regarding the facilities within the County. Dr. Keith Hartman, 300 Ardmore Drive, OASIS Medicial Director, reviewed the types of residents the facility would have, basic operation procedures, and answered questions from the Council. Robert Skare reviewed what the Council can consider before making a decision and . answered questions from the Council. Regular Meeting of the City Council December 4, 1984 Public Hearing - First Reading - Conditional Use Permit - 6739 Golden Valley oa - continued The Mayor closed the public hearing. MOVED by Bakken, seconded by Thompson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to the following conditions: 1. The operators of the residential facility shall submit evidence of compliance with all state regulations prior to City Council issuance of a conditional use permit. 2. An advisory committee in compliance with Section 3A.11 Paragraph 3 of the City of Golden Valley Zoning Ordinance shall be established and shall operate in a manner satisfactory to the Golden Valley Human Rights Commission (HRC). 3. The operators of the residential facility shall comply with all requirements and recommendations of the Golden Valley Human Rights Commission. 4. A formal written agreement shall be concluded between the operators of the residential facility and a secure mental health treatment facility within a distance considered reasonable by the City Public Safety Department, which agreement shall provide for admittance to the secure mental health treatment facility of residents of the residential facility who are unmanageable and must be removed by the police and who are inappropriate for admittance to Hennepin County Jail for criminal acts and shall further provide that the costs of any such admission be covered by Hennepin County, the residential facility operators or the patient. 5. Smoke detection for each room and other common areas shall be provided, and fire extinguishers shall be placed as directed by the City Fire Marshal. 6. Fire separation shall be provided in the garages to separate areas used for crafts and recreation from those remaining in garage use. 7. Toilet facilities for staff and occupants shall be provided in accordance with the Minnesota State Code and Uniform Building Code (UBC). 8. All waste generated by the occupancy shall be stored internally or within an enclosure meeting the approval of the City Building Inspector until removed from the premises. 9. The residential facility structure, premises and program shall comply with all requirements and recommendations of the City Building Inspector, City Fire Marshal and City Sanitarian. 10. Current tenants of the apartment building located at 6739 Golden Valley Road shall be allowed to occupy the building until March 1, 1984, with extensions to March 15, 1985 available through consultation with and with the permission of OASIS. 11. The Advisory Committee shall monitor the residential facility for the chronically mentally ill as respects compliance with the terms of this permit and applicable state and local laws and regulations and shall report on a continuing regular basis thereon to the Human Rights Commission (HRC) and the City Planning Department. In addition, OASIS shall request the County to provide its applicable monitoring reports to the City Planning Department, the Advisory Committee and the NRC as permitted by law. At least annually, a summary of said reports shall be made to the City Council by the HRC and staff of the City Planning Department. 12. Failure to comply with one or more of the above conditions shall be ground for revocation of the conditional use permit. • Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Regular Meeting of the City Council December 4, 1984 Public Hearing - Second Reading - Ordinance Amendment - Building and House Movers MOVED by J ohson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: AN ODI ANCE(AMENDING THE CITY CODE (Building and House Movers) 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 Thompson, seconded by Stockman and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve the ordinance summary for publication. Public Hearing - Second Reading Ordinance Amendment - Non -Intoxicating Malt Liquor and Public Dances MOVED by Bakken, seconded by Thompson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: C�,eG inII NCS Xffl , h q5— AN ORDINANCE AMENDING THE CITY CODE (Non -Intoxicating Malt Liquor and Public Dances) 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 Thompson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the ordinance summary for publication. Public Hearing - Second Reading - Ordinance Amendment- Fire Lanes MOVED by Johnson, seconded by Bakken and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: 1` 61AII) NCE" Alt) • 4- (r6 AN ORDINANCE AMENDING THE CITY CODE (Fire Lanes) 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 Stockman and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. • I Regular Meeting of the City Council December 4, 1984 Letter from Deborah Van Slyke Regarding Breck Pond MOVED by Thompson, seconded by Bakken and motion carried unanimously to receive and file the letter from Deborah Van Slyke, dated November 21, 1984. *Letter from John Littleford, Breck School Regarding Breck Pond MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the letter from John Littleford, Breck School, dated November 26, 1984 regarding Breck Pond *Letter from Russell A. Sorenson, of Thiel, Sorenson, Thiel, Campbell and Gunderson Regar i ng the Conditional Use Permit for 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Russell A. Sorenson, of Thiel, Sorenson, Thiel, Campbell and Gunderson, dated November 27, 1984, regarding the conditional use permit for 6739 Golden Valley Road and consider it at the public hearing. *Letter from Linda Marzinske Regarding the Conditional Use Permit for 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Linda Marzinske, dated November 28, 1984, regarding the conditional use permit for 6739 Golden Valley Road and consider it at the public hearing. • *Letter from Mr. & Mrs. Ornat Regarding the Conditional Use Permit for 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Mr. & Mrs. Ornat dated November 27, 1984, regarding the conditional use permit for 6739 Golden Valley Road and consider it at the public hearing. *Letter from Vicki Leba Regarding the Conditional Use Permit for 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the letter from Vicki Leba, dated November 30, 1984, regarding the conditional use permit for 6739 Golden Valley Road and consider it at the public hearing. Memo from Dick Huntley Regarding HRC Recommendation Regarding the Conditional Use Permit for 6739 Golden Valley Road MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the memo from Dick Huntley, dated November 29, 1984, regarding the Human Rights Commission's recommendation regarding the conditional use permit for 6739 Golden Valley Road and consider it at the public hearing. • Regular Meeting of the City Council December 4, 1984 *Call for Public Hearing - RSL 150 - Louisiana Avenue North - 1/15/85 Member Johnson introduced the following resolution and moved its adoption: 40 2,f5oc &7-1V" A/0 � S V -1 Zg RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 150 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 Deputy City Clerk. See Resolution Book Page October General Fund Budget Report William Joynes introduced this agenda item. Don Taylor, Finance Director, was present to answer questions from the Council. MOVED by Thompson, seconded by Bakken and motion carried unanimously to receive and file the General Fund Budget Report for October, 1984. *Quotes - Snow Blower MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase a snow blower from the lowest responsible bidder, Kortuems Sales Service Rental Inc. for $1588.00. The quotes were as follows: • Kortuems Sales Service Rental Inc. $1,588.00 Long Lake Ford 1,859.00 Carlson Tractor & Equipment Company 2,030.00 *Quotes - Hockey Boards MOVED by Johnson, seconded by Stockman and motion carried unanimously to purchase the necessary lumber to construct temporary hockey rink boards from the lowest responsible bidder, Federal Lumber Company for $1,772.85. The quotes were as follows: Federal Lumber Company $1,772.85 Forest Commodities Spec. 2,014.48 Justus Lumber Company 2,070.24 St. Regis Paper Company 2,219.52 Thompson Lumber Company 2,629.12 • I Regular Meeting of the City Council December 4, 1984 Approval of $1,265,000 Tax Increment Bond Sale - Area D 49 William J oynes introduced the agenda item. Robert Pulscher, Springsted Incorporated, and Don Taylor, Finance Director, were present to answer questions. Member Johnson introduced the following resolution and moved its adoption: t46tUrlvN NU. 8y- 129 RESOLUTION RELATING TO $1,265,000 GENERAL OBLIGATION TAX INCREMENT BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF 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 City Clerk. See Resolution Book Page Announcements of Meetings The Council will meet on December 20, 1984 at 5:00 PM to consider the final approval of the Industrial Revenue Bonds for The Northland Company. Set Council Retreat Date The Council set the following dates for the Retreat: 1st Choice - February 23, 1985 and 2nd Choice - March 2, 1985. The location has not been determined. *Set Council Meeting Date - 1/2/85 MOVED by Johnson, seconded by Stockman and motion carried unanimously to set Wednesday, January 2 as the date for the first City Council meeting in 1985, because the first Tuesday in January is a holiday. Adjournment MOVED by Stockman, seconded by Bakken and motion carried unanimously to adjourn the meeting at 12:10 AM. Mary E Anderson, Mayor ATTEST: ?dy4Nly,Deputy &qty Clerk 0