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05-01-90 CC Minutes Regular Meeting of the City Council P1ay 1, 1990 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 8200 Wayzata Boulevard in said City on May 1, 1990 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City Planager; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. A roval of Minutes - Council/Manager Meeting - April 17, 1990 and City Council �i n g�p r i T-3 a�n� �p r i T-1 T,1990 MOVED by Thompson, seconded by Stockman and motion carried unanir�ously to approve the Council/Manager minutes of April 17, 1990 as submitted. MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve the City Council minutes of April 3, 1990 as amended: Public Hearing - 90 SI 2 (Street Improvement) - Plymouth Avenue, T.H. 169 to Winnetka Avenue - include direction from Council for staff to prepare a drawing of Plymouth Avenue from Orkla to 4linnetka to show the impact of a sidewalk installation on trees/shrubs. �10VED by Johnson, seconded by Bakken and motion carried unanimously to approve the City Council minutes of April 17, 1990 as submitted. Approval of Agenda MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the agenda of May 1, 1990 as amended: Addition of Communications and Petitions - Letter from American Federation of Grain Plillers Regarding the Adr�inistrative Hearing for the Hazardous Building at 4900 Olson Memorial Highway and Addition of Mayor and Council Iter�s: Northwest Hennepin Human Services Council Telephone Survey. Approval of Consent Agenda P10VED by Thompson, seconded by Stockr�an and motion carried unanir�ously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize payment of the bids as submitted. *Licenses MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize the issuance of license #13192 to #13195 and #6182 to #6183. Regular Meeting of the City Council May 1, 1990 Page 2 *Fireworks Permit - Golden Valle Countr Club MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the fireworks permit for the Golden Valley Country Club for the dates and conditions as outlined in the me�o from Mark Kuhnly, Fire Marshal , dated April 24, 1990. *P1inutes of Board and Commissions MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Human Rights Commission - March 8, 1990 Housing Task Force - April 2, 1990 Board of Zoning Appeals - April 11, 1990 Building Board of Review - April 16, 1990 Bassett Creek Water Management Commission - March 15, 1990 Black History Month Co�mittee - April 12, 1990 Planning Commission - A�pril 9, 1990 Administrative Hearing - Hazardous Buildin - 4900 Olson Memorial Hi hwa Mayor Anderson introduced the agenda item and requesed Allen Barnard, the City Attorney, conduct the administrative hearing. Mr. Barnard outlined the procedure for all interested persons to be heard on the matter. Mary �litchell , the Court Reporter who was ��porting the �earing administered the oath to the landowner and city witnesses who were going to speak on the matter. Lloyd Becker, Director of Zoning and Community Services, presented background information regarding the violations and introduced pictures and correspondence into evidence. Dennis Peterson, Metro Center Corporation, presented a brief history on the property, including the negotiations held with the city for its purchase and requested the Council consider allowing a 180 day extension to allow them to complete engineering tests to determine if the building could be re�odeled and what soil corrections are needed. They would also secure the building and clean-up the site. David Shea, President, Shea Architects, Representing the owner, stated he had been commissioned to review the site to determine if the building could be renovated and he feels the building is sound. Robert Leibman, Attorney for �lorman Kerr, stated it would be a severe hardship for his client to make payments on a building that was removed and requested the Council grant his request for an extension. Gerald Mundt, 4212 Poplar Drive, Pondwood Office, feels the property is an eyesore and a distraction to his office park, concerned over the safety of children and residents and feels it is not feasible to remodel the building. Paul and Shirley Thomas, Golden Valley House, feel the site is a health and safety hazard, concerned for safety of hotel guests because of rats and wild cats, feel the site has had a negative effect on their business, and is a depository for trash. Regular Meeting of the City Council May 1, 1990 Page 3 Administrative Hearing - Hazardous Buildin - 4900 Olson Plemorial Hi hwa - Continued William Joynes reviewed the study prepared by Braun Engineering and the order. After affording all persons present the opportunity to present evidence and be heard on the matter, Mr. Barnard closed the hearing and the matter was left for Council decision. MOVED by Stockman, seconded by Thompson and motion carried unanimously to authorize the Mayor and City Clerk to execute and issue an order for removal of the building (a copy is attached hereto as Exhibit A). Public Hearing - RSL 188 - Plymouth and Hampshire Avenues 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. Desmond Courtney, 1309 Hampshire Avenue North, opposed, doesn 't feel the light is needed. The Playor closed the public hearing. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 90-30 RESOLUTION ORDERING CONSTRUCTIOPJ OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 188 (PLYP10UTH AND HAMPSHIRE AVENUES) 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. Regular Meeting of the City Council May 1, 1990 Page 4 Public Hearing - Preliminary and Final Plat Approval - North Wirth Parkway 3rd Addition Mark Grimes, Director of Planning and Develop�ent, updated the Council on the changes in the plat. 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 Thompson and motion carried unanimously to approve the preliminary plat for the North �dirth Parkway 3rd Addition. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 90-31 RESOLUTION FOR ACCEPTANCE OF PLAT - NORTH WIRTH PARKWAY 3RD ADDITION The �otion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Tho�pson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the �1ayor and her signature attested by the City Clerk. Public Hearing - First and Second Consideration - Ordinance #36 - Conditional Use Permit - 825 Louisiana Avenue South MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 36, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Conditional Use Permit to Al1ow an Automobile Dealership in an Industrial Zoning District) 825 Louisiana Avenue South Jim Lupient Oldsmobile, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and stated the Planning Commission recommended approval of the conditional use permit. Allen Barnard reviewed the procedure for holding the first and second consideration of the ordinance at the same meeting. The P�ayor 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. Upon a roll vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Regular Meeting of the City Council May 1, 1990 Page 5 Public Nearin - First and Second Consideration - Ordinance #36 - Conditional Use Permit - 8 ouisiana Avenue outh - Continued MOVED by Johnson, seconded by Thompson and motion carried unanimously to suspend the rules and consider the ordinance for second consideration due to pending highway construction. MOVED by Stockman, seconded by Bakken and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 36, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Conditional Use Permit to Allow an Automobile Dealership in an Industrial Zoning District) 825 Louisiana Avenue South Jim Lupient Oldsmobile, Applicant 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. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOPIPSON - YES Public Hearinq - First Consideration - Ordinance #37 - General Plan Amendment Approval - PUD #56 - Golden Valley Civic Center P10VED by Stockman, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 37, 2ND SERIES AN ORDINANCE A�IENDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 56 - Amendment #1) 7800 Golden Valley Road City of Golden Valley, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and stated the Planning Commission recommended approval of the 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 h1ayor closed the public hearing. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES TH0�1PSON - YES Regular Meeting of the City Council May 1, 1990 Page 6 Public Hearin - First Consideration - Ordinance #38 - General Plan A roval - PUD 58 - Mc onald s Corporation MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 38, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 58) 720-740-760 Winnetka Avenue North McDonald's Corporation, Applicant Ray Schleck, McDonald's Corporation, reviewed the general plan and answered questions from the Council . Mark Grimes, Director of Planning and Development, presented the staff report and stated the Planning Commission recommended approval . 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. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOP4PSON - YES Public Hearing - First Consideration - Ordinance #39 - General Plan Approval - PUD #59 - Dahlberg, Inc. MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 39, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Approval of General Plan of Development for P.U.D. No. 59) 4130 Olson Memorial Highway Dahlberg Inc. , Applicant Tom Gerster, KK&E Architect, representing Dahlberg, reviewed the general plan and answered questions from the Council . Bob Glascow, Attorney Representing Dahlberg, requested the Council consider allowing them to convert 6,000 square feet of the lower level as retail space if they are unable to use the space for themselves. Mark Grimes, Director of Planning and Development, introduced the agenda item stating the Planning Commission recommended approval of the general plan and answered questions from the Council . � Regular Meeting of the City Council May 1, 1990 Page 7 Public Hearing - First Consideration - Ordinance #39 - General Plan Approval - PUD #59 - Dahlberg, nc. - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dennis Collins, Graco, 4050 Olson Memorial Highway, stated their firm is concerned over the traffic that will be generated from the development, and asked about the status of the traffic plans. Lowell Odland reviewed the traffic plans that were submitted to P1nDOT for their approval . The Mayor closed the public hearing. It was the consensus of the Council that any change in the plan would require an amended PUD. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOP�IPSON - YES Public Hearing - Second Consideration - Ordinance #35 - Disallow Sale of Cigarettes Through Vending Machines MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve for discussion purposes the following ordinance: ORDINANCE 35, 2ND SERIES AN ORDINANCE AP�ENDING THE CITY CODE (Disallow the Sale of Cigarettes Through Vending Machines) Flayor Anderson 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. Tom Briant, Legal Counsel , Coalition for Responsible Vending Sales, requested the Council reconsider the ban and allow the use of locking devices on cigarette vending machines. Jim Broberg, Midwest Vending, opposed to banning of vending machines. Dan Heilicher, opposed, feels adults should be able to buy cigarettes. Norman Pink, representing Golden Valley House, feels that they should be allowed to have r�achines in areas that are off-limits to children. The Playor closed the public hearing. Upon a roll call vote, the vote was as follows: ANDERSOPd - YES BAKKEN - YES JOHNSON - YES STOCKMAN - NO THOMPSON - NO Regular Meeting of the City Council May 1, 1990 Page 8 *Thank You Letter from Judy Cobb-Holum Regarding Tree Trimming MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the thank you letter from Judy Cobb-Holum regarding tree trimming. *Letter from Jim Lu ient Re ardin Consolidation of First and Second Consideration of Conditiona Use emit for Louisiana venue outh MOVED by Thompson, seconded by Johnson and r�otion carried unanimously to receive and file the letter from Jim Lupient, dated April 10, 1990, requesting the Council consider first and second consideration of the ordinance at the public hearing. *Receipt of Moody 's Municipal Credit Report h10VED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the Moody's Municipal Credit Report. *Communications Regarding Yard Waste Disposal Sites - P1r. and Mrs. Ed Weiss, Donna Larson, J. Paul Heineman and Mrs. Carol MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the following communications regarding yard waste disposal sites, Mr. and Mrs. Ed Weiss, dated April 22, 1990; Donna Larson, dated April 23, 1990; J. Paul Heineman, dated April 12, 1990 and Mrs. Carol , dated April 12, 1990. *Letter from American Federation of Grain Millers Regarding the Administrative Hearing for the Hazardous Building at 490 Olson Plemorial Highway ��10VED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the letter from Larry Jackson, dated April 30, 1990 regarding the hazardous building at 4900 Olson Memorial Highway. *Plarch, 1990 General Fund Budget Report MOVED by Thompson, seconded by Stockman and motion carried unanir�ously to receive and file the March, 1990 General Fund Budget Report. *Approval of 1990 City Casualty Insurance Program �90VED by Thompson, seconded by Stockman and motion carried unanimously to approve the 1990 city casualty insurance program. *Final 1989 General Fund Budget Report MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the final 1989 General Fund Budget Report. Regular Meeting of the City Council May 1, 1990 Page 9 *Resolution Supporting Upper Mississippi River Stud Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 90-32 RESOLUTION SUPPORTING FUNDING OF UPPER MISSISSIPPI RIVER STUDY 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. *Call for Public Hearin - Draina e and Utilit Easement Vacations - Plat of Glenwood - 6/5 90 MOVED by Thompson, seconded by Stockman and motion carried unanimously to call a public hearing to consider drainage and utility easement vacations in the plat of Glenwood for June 5, 1990. *Update on Yard Waste Program h10VED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the update on the yard waste program as outlined in the memo fro� Julie Mullin, dated April 26, 1990. *Quotes - City Hall Boiler P10VED by Thompson, seconded by Stockman and motion carried unani�ously to hire Egan and �1cKay to upgrade the city hall boiler to meet current safety standards for $7,230. *Quotes - Folding Machine MOVED by Thompson, seconded by Stockman and motion carried unanimously to purchase a Duplo D-590 folding machine from the lowest responsible bidder, Advanced Mailing Systems for $2,245.50. The quotes were as follows: Advanced Mailing Systems $2,245.50 Standard Bindery 2,435.00 *Quotes - Microfilming of Police Records MOVED by Thompson, seconded by Stockman and motion carried unanimously to microfilm police documents and records from the lowest responsible bidder, Concept Microfilm, Inc. for an amount not to exceed $3,000.00. The quotes were as follows: 1000 Images Document Preparation Anacomp, Inc. $27.00 $10.00/hour Microfilm Technologies, Inc. 20.00 9.50/hour Concept �licrofil�, Inc. 19.95 8.50/hour Regular Meeting of the City Council May 1, 1990 Page 10 Announcements of Meetings The Council will attend the Board/Commission Recognition dinner scheduled for May 10, 1990 at Brookview Community Center. Mayor Anderson, and Council P4embers Stockman and Thompson will attend the Board of Review scheduled for May 3, 1990. Mayor's Communications No action taken. Appointments to Human Rights Commission P�ayor Anderson introduced the agenda item. MOVED by Thompson, seconded by Johnson and motion carried unanimously to appoint the following to the Human Rights Commission - Carol Ann Doten for a two year term and Paul Gaston for a three year term. There is one more opening on the Commission and the Council will hold interviews on May 8, 1990 beginning at 6:00 PM. Maximizing Our Opportunities Mayor Anderson introduced the agenda item and outlined her memo and suggested the Council add any items to the list and in the future select ite�s from the list to be discussed at upcoming Council meetings. Adjournment MOVED by Stockman, seconded by Thompson and motion carried unanimously to adjourn the meeting at 9:26 PM. ����` '�' ,��"�'c� ary E. derson, Mayor ATTEST: � � J�dy N ly, Adminis ative Secretary ..rl � Exhibit A ORDER OF THE CITY COUNCIL OF THE � CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA T0: P�etro Center Corp. Irving Schectman, Trustee 256 First Avenue North 6115 Lincoln Drive, No. 153 Mi nneapol i s, h1N 55401 Edi na, F1N 55435 State of Minnesota Boarman and Associates, Inc. 525 Park Street No. 200 222 Second Street North St. Paul , MN 55101 Minneapolis, P�N 55401 Suburban National Bank First Bank, N.A. 300 Prairie Center Drive Attention: Nedra Henry Eden Prairie, MN 55344 First Bank Place East Minneapolis, MN 55480 Re Premises at: 4900 Olson Memorial Highway Golden Valley, Minnesota Legal Description: That part of the Southeast Quarter of the Northwest Quarter, Section 19, Township 29, Range 24 described as beginning at a point on the South line of said Southeast Quarter of the Northwest Quarter distant 487.29 feet West from the Southeast corner of said Southeast Quarter of the Northwest Quarter; thence West along said South line a distance of 387 feet; thence North parallel with the East line of said Southeast Quarter of the PJorthwest Quarter a distance of 650 feet; thence East parallel with said South line a distance of 120 feet; thence South parallel with said East line a distance of 457 feet; thence East parallel with said South line a distance of 267 feet; thence South parallel with said East line a distance of 193 feet to the point of beginning, according to the Government Survey thereof, in Hennepin County, P�i nnesota. FROM: CITY COUNCIL, CITY OF GOLDEN VALLEY HENNEPIN COUNTY, t�1INNESOTA YOU ARE HEREBY ORDERED pursuant to Minnesota Statutes § 463.15 to § 463.26, inclusive, to take the following actions with respect to the above-described property within thirty days of the date of service of this Order upon you: ,� -1- / 1, demolish and rer�ove from the site the entire structure from the roof down to and including the foundation and footings; 2. fill to grade level the excavation remaining after removaT of the structure with clean, non-contaminated granular fill compacted and graded level . If you should fail to take the actions required by this Order, you are hereby notified that a Motion for Summary Judgment and enforcement of this Order will be made to the District Court of Hennepin County, State of Minnesota, unless the ordered action is taken, or unless an answer to this Order is served upon the City of Golden Valley within twenty days after the date of service of this order upon you. This Order is based upon the following findings: 1. The structure on the above premises has been vacant for approximately four years; � 2. The interior furnishings and fixtures have been removed and sold; 3. The interior of the structure has been cor�pletely demolished; 4. The structure has fallen into disrepair, is in a state of delapidation and is a public nuisance under Section 203 of the Uniforr� Building Code, 1985 Edition; 5 Forced entry has occurred on the West wall of the structure through a window and a path has developed along the West side of the building; 6. The window frames and sills all along the West wall of the building have deteriorated badly with some sill areas completely rotted; 7. The metal support beams and concrete above the windows have been penetrated by water and rusting and spalling is occurring all along this area; 8. The interior is deteriorating badly with water penetration through the roof and roof openings; 9. The foundation and masonry in the lower levels is badly deteriorated by water and alternate freezing and thawing; -2- , � 10. There is apparent asbestos-content materials on deteriorating pipe coverings; 11. Open shaft areas exist from floor-to-floor; 12. The building is a deteriorating shell ; 13. The building and site are hazardous, delapidated, a fire hazard and a public nuisance. This Order is made by the City Council on this lst day of May, 1990. �` f � %' i%.G?�i/ Mary E, n erson, Mayor ATTEST: � Shirley el on, City Clerk -3-