Loading...
09-05-89 CC Minutes Regular F1eeting of the City Council September 5, 1989 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Gol den Val ley, Hennepi n County, P1i nnesota was hel d at 8200 Wayzata Boulevard in said City on September 5, 1989 at 6:30 Pr�1. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City P�anager; Lowell Odland, Director of Public 4Jorks; Allen Barnard, City Attorney; and Judy Nally, Deputy City Clerk. A��roval of P�inutes - Council/rlanager R1eeting - June 13 and July 11, 1989 and Cit Council P�eetin - June 13, June 20, Jul 11, Jul 18, Au ust 1 and ugust 15, 1989 MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the Council/F�anager minutes of June 13 and July 11, 1989 as submitted. MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the City Council minutes of June 13, 1989 minutes as submitted. MOVED by Bakken, seconded by Johnson and motion carrried unanimously to approve the City Council minutes of June 20, 1989 as submitted. MOVED by Johnson, seconded by Bakken and motion carrried unanimously to approve the City Council minutes of July 11, 1989 as submitted. h10VED by Thompson, seconded by Johnson and motion carrried unanimously to approve the City Council minutes of July 18, 1989 as submitted. MOVED by Thompson, seconded by Johnson and riotion carrried unanimously to approve the City Council minutes of August 1 , 1989 as amended : Public Hearing - Preliminary Design Plan Approval - PUD #28 - Amendment #3 - Pondwood Office Park - Motion to approve plan seconded by Bakken and Council Member Johnson voted no. MOVED by Stockman, seconded by Thompson and r�otion carried unanimously to approve the City Council minutes of August 15, 1989 as amended: Public Hearing - Preliminary Plat Approval of Minor Subdivision - 6945 Glenwood Avenue - Council h1embers Johnson and Thompson voted no. Approval of Agenda MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the agenda of September 5, 1989 as amended: Addition of Departmental Item - Request by V.F.W. for Temporary Sign and Addition of Manager's Item - Purchase of One Ton Truck Crane for Vehicle Shop - Quotes and Purchase of Asbestos Brake Dust Vacuum System for Vehicle Shop - Quotes. A�proval of Consent Agenda MOVED by Thompson, seconded by Bakken and riotion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). Regular �leeting of the City Council September 5, 1989 Page 2 *Bills and Claims P�OVED by Thornpson, seconded by Bakken and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Thompson, seconded by Bakken and motion carried unanimously to authorize the issuance of license #12815 to #12817 and #6095 to #6099. *Solicitor's License - Sexual Violence Center of Hennepin Count MOVED by Thompson, seconded by Bakken and r:�otion carried unanimously to approve the solicitor's license for Sexual Violence Center of Hennepin County. *N1i nutes of Boards and Commi ssions h10VED by Thompson, seconded by Bakken and motion carried unanimously to receive and file the minutes received as follows: Bassett Creek Water Management Commission - July 20, 1989 Open Space and Recreation Comr�ission - July 24, 1989 Brookview Improvement Committee - August 10, 1989 Public Hearing - First Consideration - Ordinance Amendment - Conditional Use Permit - 723 Winnetka Avenue North �10VED by Stockman, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance; subject to the following conditions: ORDINANCE 27, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Conditional Use Permit to Allow a Take/Out Delivery Pizza Facility in a Commercial Zoning District) 723 Winnetka Avenue North Pizza Hut of America, Inc. , Proponent 1. This permit shall cover only the currently proposed address and use; any expansion into adjacent space or addition of services such as on-site dining shall require a new permit. 2. The business shall not remain open after r�idnight on Sunday through Thursday nights or after 1:00 A.M, on Friday or Saturday nights. 3. The two dedicated patron parking spaces shall be clearly marked with the appropriate restrictions, and patrons shall not be allowed to "double-park" in the aisle off the front parking lot; if such a problem becomes noti- ceable, employees shall advise patrons that they must use the rear parking lot in order to be served. 4. Delivery vehicles shall be restricted to the real parking lot, with the approval of center managmeent, delive ry vehicles may use the front parking 1 ot after 8:00 P.M. 5. The business shall conform to all other City and State requirements. 6. Fai 1 ure to comply wi th any of the terms of thi s pe rmi t shal 1 be grounds fo r its revocation. Regular Meeting of the City Council September 5, 1989 Page 3 Public Hearing - First Consideration - Ordinance Amendment - Conditional Use Permi t - 723 VJi nnetka Avenue fJorth - Conti nued William Joynes introduced the agenda item. Allan Broholm, representing Pizza Hut, reviewed the request and answe red questions from the Council . Jean Lewis, Planning Commissioner, stated the Commission recommended approval . The Council changed condition 2. to read: 2. The business hours shall be as follows: 11:00 A.P�1. to Midnight, Sunday thru Thursday, and 11:00 A.P9. to 1:00 A.P1. , Friday and Saturday. The Playor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Henry Lazniarz, 6935 Glenwood Avenue, asked if the pizza delivery service guarantees delivery within a specific time frame and feels that if they do provide that service, that may cause safety concerns. The Playor closed the public hearing. ANDERSO�J - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Continued Public Hearing - First Consideration - Ordinance Ar�endment - Conditional Use Permit - 1900 Douglas Drive MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve for discussion purposes the following ordinance; subject to the following conditions: ORDINANCE 28, 2��D SERIES APd ORDINANCE AP9ENDING THE CITY CODE (Approval of Conditional Use Permit to Allow Plarine Engine Repair in a Commercial Zoning District) 1900 Douglas Drive Gregg flal i k, Proponent 1. No more than three boats that are being serviced for engine or electrical repairs may be parked on the site as shovrn on the site plan on file with the City of Golden Valley. The repair of boats shall be limited to April 1 to Novrieber 1 of each year. 2. No boat parked for engine or electrical repairs shall be larger than 22 feet long (no included traile r). 3. No boats on their respective trailers shall be higher than 12 feet above the ground. 4. Pdo boats shall display a "for sale" sign. 5. No repairs shall be made outside and only the southernmost bay of the station shall be used for marine engine repair. 6. Any failure to comply with one or more of the conditions shall be grounds for revocation of the conditional use permit. Regular Meeting of the City Council September 5, 1989 P age 4 Continued Public Hearing - First Consideration - Ordinance Amendr�ent - Conditional Use Permit - 1900 Dou�las Drive - Continued Attorney representing Mr. f�alik stated they do not support the ordinance in its present form and request the Council consider changing condition #2 to 27 feet. William Joynes reviewed the background information on the item. The Playor 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 �layor closed the public hearing. ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - NO THOf1PSON - YES Public Hearing - First Consideration - Ordinance Amendment - General Plan Approval - PUD #28 - Amendment #3 - Pondwood Office Park MOVED by Stockman, seconded by Thompson and r�otion carried unanimously to approve for discussion purposes the following ordinance; subject to the following condition: ORDINANCE 29 , 2ND SERIES AN ORDINANCE ANIENOIEVG THE CITY CODE (Amendment to General Plan of Development for PUD No. 28, Pondrvood Office Park at 4959, 4969, 4979 Olson �lemorial Highway Pondwood Associates, Proponent 1. There shall be no further structural additions to the site. Gerald �1undt, proponent, was present to review the plan and answer questions fror� the Council . The rlayor opened the meeti ng for publi c i nput 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. ANDERSON - YES BAKKEN - YES JOHP�SON - NO STOCKMAN - YES THOPIPSON - YES Public Hearing - Preliminary Design Plan Approval and First and Second Consideration - Ordinance Amendment - General Plan Approval - PUD #46 - Amendr�ent #2 - Cal vary Lutheran Church Tom Boyce, President, Calvary Congregation, was present to review the amendment and request the Council expedite approval so the daycare can open as soon as possible. P�ayor Anderson expressed her concern over landscapping of the facility. Jean Lewis, Planning Commission, stated the Commission recommended approval and also expressed their concern over landscapping. Regular Meeting of the City Council September 5, 1989 Page 5 Public Hearing - Preliminary Design Plan Approval and First and Second Consideration - Ordinance Amendment - General Plan Approval - PUD #46 - Amendment #2 - Calvary Lutheran Church - Continued The r�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ruth Heaner, 1009 Pennsylvania Avenue North, she is concerned over increase in traffic because of dropping off of children in the front. She thinks the drop off point should be located in the rear of the building. The �layor closed the public hearing. �10VED by Thompson, seconded by Bakken and motion carried unanimously to approve the preliminary design plan for Amendrnent #2, PUD #46, Calvary Lutheran Church. MOVED by Thompson, seconded by Stockman and motion carried unanimously to consider first and second consideration of the ordinance so the child care center can be opened as soon as possible. MOVED by Johnson, seconded by Thompson and riotion ca rried unanimously to approve for discussion purposes the following ordinance: ORD I NANCE 26, 2�1D SERI ES AN ORDINANCE A�IENDING THE CITY CODE (Amendment to General Plan of Development for PUD #46, Cal va ry Lutheran Church) Calvary Lutheran Church, Proponent The Ptlayor opened the rieeting for public input and persons present to do so were affo rded the opportunity to express their views thereon. Hearing and seeing no one, the �1ayor closed the public hearing. ANDERSOPJ - YES BAKKEN - YES JOHNSON - YES STOCKN1AN - YES THOMPSON - YES P�IOVED by Thompson, seconded by Johnson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 26, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Ar;�endment to General Plan of Development for PUD #46, Calvary Lutheran Church) Calvary Lutheran Church, Proponent The P�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their vievds thereon. Hearing and seeing no one, the P9ayor closed the publi c heari ng. ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKP�AN - YES THOMPSON - YES Regular f�leeting of the City Council September 5, 1989 Page 6 Public Hearing - First Consideration - Ordinance Amendment - Moratorium Restrictin Plinor Subdivision in Al1 Residential Districts MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 30, 2ND SERIES AN ORDINANCE AF1ENDING THE CITY CODE ( Interim Ordi nance Restri cti ng P1i nor Subdi vi sions Under City Code Section 12.52 on All Property Lying Within Residential Districts) Allen Barnard introduced the agenda item. The �layor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Art Flannagan, 316 Pleander Road, in favor of ordi nance. Henry Lazniarz, 6935 Glenwood Avenue, in favor of ordinance. Helene Johnson, 240 Kentucky Avenue North, in favor of ordinance. Ralph Johnson, 240 Kentucky Avenue North, in favor of ordinance. Bill Varner, 6930 Olson P�lemorial Highway, feels the Council should consider both sides of the issue. The htayor closed the public hearing. ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKPIAN - YES THOMPSON - YES *Request for Beer and/or Wine at Brookview Park P�OVED by Thompson, seconded by Bakken and motion carried unanimously to receive, file and approve the following requests: IDS Ski Club, dated August 22, 1989, to serve beer and wi ne on September 24, 1989 fror,� 11:00 A�1 to 4:00 PM at the smal 1 shelter at Brookvi ew Park. Resolution Awarding Sale of $300,000 General Obligation Equipment Certificates of Indebtedness - Series 1989A Don Taylor, Finance Director and Dave rlcGillvray, Springsted Incorporated, were present to review the bids and answer questions from the Council . Regular Meeting of the City Council September 5, 1989 Page 7 Resolution Awarding Sale of $300,000 General Obligation Equipment Certificates of Indebtedness - Series 1989A - Continued hlember Bakken introduced the following resolution and moved its adoption: RESOLUTIOPd 89-49 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORh1 AND DETAILS AND PROVIDING FOR THE PAYMENT OF $300,000 GENERAL OBLIGATION EQUIPPIENT CERTIFICATES OF INDEBTEDNESS, SERIES 1989A The motion for the adoption of the foregoing resolution was seconded by P�ember Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thor�pson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the P1ayor and her signature attested by the City Clerk. *Authorization to Enter into Agreement with P�1n/DOT for Utility and Sidewalk Construction - I-394 �-- -- Member Thompson introduced the following resolution and moved its adoption: RESOLUTIOPd 89-50 RESOLUTION ENTERING INTO AGREE�IENT WITH P�1n/DOT FOR UTILITY AND SIDEWALK CONSTRUCTIOP� - I-394 The motion for the adoption of the foregoing resolution was seconded by Plember Bakken and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thor�pson; and the following voted against the same: none, whereupon said resolution was decla red duly passed and adopted, signed by the �9ayor and her signature attested by the Deputy City Clerk. *Call for Public Hearing - Special Assessments - 10/3/89 MOVED by Thompson, seconded by Bakken and motion carried unanimously to call a public hearing for October 3, 1989 at 7:30 PM at the Brookview Community Center as the date for the special assessment public hearing on the following projects: Street Improvements (88 SI 5, 88 SI 6, 88 SI 7, 88 SI 8, 89 SI 13) ; Residential Street Light Installation Charge (RSL 173 and RSL 178) ; delinquent utility bills, weed eradication, tree renoval , false alarm violations and miscellaneous delinquent invoices. Authorization to Sign Amended PUD Permit - PUD #46 - Amendment #2 - Calva ry Lutheran Church P�OVEU by Stockman, seconded by Thompson and motion carried unanimously to authorize the Playor and �lanager to sign the PUD permit for PUD #46, Amendment #2, Calvary Lutheran Church. Regular �1eeting of the City Council September 5, 1989 P age 8 Request by VFW for Temporary Sign William Joynes introduced the agenda item. f�10VED by Johnson, seconded by Stockman and riotion carried unanimously to grant the request submitted by the VFW for a temporary non-flashing lighted sign, subject to the conditions outlined by staff. *Bids - Public Works Building P10VED by Thompson, seconded by Bakken and motion carried unanimously to awa rd the bid for construction of the Park Maintenance building, Vehicle �laintenance building and Public Safety garages from the lowest responsible bidder, James Steele Construction for $1 ,609,000.00. The bids were as follows: James Steele Construction $1 ,609,000.00 Loeffel -Engstrand Company 1,634,000.00 Shaw Lundquist Assoc. 1 ,645,000.00 Sheehy Construction 1,697,300.00 C.O. Field Company 1,698,000.00 P�errimac Construction Co. 1,722,037.00 P�orcon Construction, Inc. 1,769,000.00 Twin City Construction 1,780,780.00 Lovering-Johnson, Inc. 1,808,000.00 *Bids - Brookvi ew Recreation Area and Golf Course Si nage r�lOVED by Thompson, seconded by Bakken and motion carried unanimously to reject the bids for the Brookview Recreation Area Golf Course Signage because of the high cost of the bid. Quotes - Spraying Strife Weeds William Joynes introduced the agenda item. P�OVED by Johnson, seconded by Thor�pson and motion carried unanimously to authorize the spraying of the three ponds along Laurel Avenue of a herbicide to control Purple Loose Strife from Lake Restoration, Inc. for $2,050.00. Quotes - Purchase of One Ton Truck Crane for Vehicle Shop Lowell Odland introduced the agenda item. MOVED by Johnson, seconded by Thompson and riotion carried unanimously to purchase one 1-ton truck crane for the vehicle maintenance service truck from the lowest responsible bidder, Kolstand Company for $1 ,474.00. The quotes were as follows: Kolstad Company $1 ,474.00 (installed) LaHass Equipment 1,306.00 (non installed) Regular Meeting of the City Council September 5, 1989 Page 9 Quotes - Purchase of Asbestos Brake Dust Vacuum S stem for Vehicle Shop Lowell Odland introduced the agenda item. h10VED by Thompson, seconded by Johnson and motion carried unanimously to purchase an asbestos brake dust vacuum system for the vehicle maintenance shop from the only bidder, Nilfisk of America for $1 ,586.25. Announcements of Meetings Council Members Anderson, Bakken and Bill Joynes will meet on September 12, 1989 at 4:00 PM at the Brookview Community Center to disucss Group Home Legislation. Mayor's Communications Counci 1 Mernbers Anderson and Bakken vri 11 attend the hletropol i tan Counci 1 's Regional Breakfast ��1eeting on September 22, 1989 at the Hopkins House. Hennepin County passed a resolution deleting the Golden Valley locations from the light rail transit system. The Council decided to wait to see what happens. LMC Regional Meeting Counci 1 P�ember Bakken �vi 11 attend the LP�C Regi onal Meeti ng. Adjournment P�OVED by Thompson, seconded by Johnson and motion carried unanimously to adjourn the meeting at 9:32 PM. �� , f� � �� '� �%, ary E. nderson, ��ayor ATTEST: � � J dy Na y, Deputy ity Clerk