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09-18-90 CC Minutes Regul ar P1eeti ng of the City Council September 18, 1990 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Plinnesota was held at 7800 Golden Valley Road in said City on Septer�ber 18, 1990 at 6:30 PM. The following members were present: Anderson, Johnson, Stockman and Thompson; and the following was absent: Bakken. Also present were: Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: September 4, 1990 �10VED by Johnson, seconded by Thor�pson and motion carried unanimously to approve the City Council minutes of Septer�ber 4, 1990 as submitted. Approval of Agenda �10VED by Stockman, seconded by Thompson and motion carried unanimously to approve the agenda of Septer�ber 18, 1990 as amended: Addition of Communications and Petitions - Letters fror� Paul Lynch and Ernie Prince Regarding Closing of Natchez Avenue; and Departr�ental Iter� - lJaiver of Noise Ordinance - Lunda Construction - Glenwood/Highway 100. Approval of Consent Agenda MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims P10VED by Johnson, seconded by Thompson and r�otion carried unanimously to authorize payment of the bills as submitted. *Licenses P�OVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the issuance of license #6206 to #6208. *Gambling License Renewal - Humane Society of Hennepin County P10VED by Johnson, seconded by Thor�pson and r�otion carried unanimously to receive and file the gar�bling license renewal for the Hur�ane Society of Hennepin County. Solicitor's License - Sexual Violence Center P10VED by Johnson, seconded by Thompson and r�otion carried unanir�ously to approve the solicitor's license for the Sexual Violence Center. *Peddler's License - Public �1arketing Associates P10VED by Johnson, seconded by Thompson and r�otion carried unanir�ously to approve the peddler's license for Public t1arketing Associates. Regular hteeting of the City Council Septe�ber 18, 1990 Page 2 *Taxicab Driver Licenses P10VED by Johnson, seconded by Tho�pson and motion carried unanimously to approve the taxicab driver licenses as recom�ended by staff. *Plinutes of Board and Co�missions P10VED by Johnson, seconded by Thompson and �otion carried unani�ously to receive and file the minutes received as follo��s: Open Space and Recreation Commission - August 27, 1990 Housing Task Force - August 6, 1990 Planning Commission - August 13 and August 27, 1990 Bassett Creek Water P1anagement Co�mission - July 19, 1990 Public Hearing - First Consideration - Ordinance #44 - Conditional Use Permit - 6100 Golden Valley Road The following ordinance tivas P10VED by Johnson, seconded by Stock�an: ORDINANCE #44, 2ND SERIES AP� ORDINANCE AMENDING THE CITY CODE (Conditional Use Permit for 6100 Golden Valley Road) Lowell Odland stated the proponent requested the item be continued until the October 2, 1990 Council Meeting. The t1ayor opened the meeting for public input and persons present tfl do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Playor closed the public hearing. P10VED by Thor�pson, seconded by Stockman and r�otion carried unanimously to continue the public hearing for consideration of the conditional use permit for 6100 Golden Valley Road to October 2, 1990. Informal Public Hearing - No Parkinq Request - Xenia Avenue, Laurel Avenue to T.H. 12 Lowell Odland reviewed the request. The �1ayor opened the r�eeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Craig Greenberg, Attorney representing Northstar Printing and Plailing, stated they are opposed to the parking restrictions and requested the Council allow parking on both sides of Xenia for a one year period and monitor the parking situation and make any changes after that date and base the changes on any parking problems that occur. The Playor closed the public hearing. Regular Meeting of the City Council Septe�ber 18, 1990 Page 3 Informal Public Hearing - No Parking Request - Xenia Avenue, Laurel Avenue to T.H. 12 - Continued Member Thompson introduced the following resolution and �oved its adoption: RESOLUTION 90-59 RESOLUTION RESTRICING PARKING ON PORTIONS OF XENIA AVENUE The motion for the adoption of the foregoing resolution was seconded by P1e�ber Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Stockman and Thompson; and the following was absent: Bakken, 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. Informal Public Hearing - Harold Avenue Cul -de-Sac Lowell Odland reviewed the request. The flayor opened the �eeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the P1ayor closed the public hearing. �lember Stockman introduced the following resolution and moved its adoption: RESOLUTION 90-60 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AN OROERING PIANNER OF COPlSTRUCTION 90 SI 9, 90 LF 2, 90 WP1 3 (HAROLD AVENUE) The r�otion for the adoption of the foregoing resolution was seconded by P1ember Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Stockman and Thor�pson; and the following was absent: Bakken, and the following voted against the sar�e: none, whereupon said resolution was declared duly passed and adopted, signed by the Playor and her signature attested by the City Clerk. Plember Johnson introduced the following resolution and moved its adoption: RESOLUTION 90-61 RESOLUTION ORDERING COP�STRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 90 S I 9, 90 LF 2, 90 4J�1 3 (HAROLD AVEPJUE) The motion for the adoption of the foregoing resolution was seconded by Mer�ber Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, Stockman and Thompson; and the following was absent: Bakken, 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 September 18, 1990 Page 4 Informal Public Hearing - Natchez Avenue Closing Lowell Odland introduced the agenda item. Dean Ptooney, Director of Public Safety reviewed the staff recom�endation and answered questions. The P�ayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Dave Albersman, 140.5 Natchez Avenue South, petitioner, in favor of closing street because of concerns for childrens safety and traffic. David Runkle, 4340 Sussex Road, opposed to closing street because on effect on other streets. Doug Ford, 1445 Pdatchez Avenue South, in favor of closing street because of volume and speed of traffic. Joel Henley, 1520 PJatchez Avenue South, in favor of closure for childrens safety, and traffic from St. Louis Park condos and townhouses. Richard Brumfield, 1515 Pdatchez Avenue South, in favor of closing street. Susan Armstrong, 1415 Natchez Avenue South, in favor of closing street. Marjorie Kress, 1450 Natchez Avenue South, feels if the street is closed it will diminish crime. Beverly Girdwood, 1345 Natchez Avenue South, approves closing of street. Deb Albersman, 1405 Natchez Avenue South, in favor of closing street. Dave Denning, 1440 Fairlawn Glay, in favor of closing Natchez. rlargaret �lacneale, 4530 Douglas Drive, opposed to closing Natchez because of loss in emergency vehicle response time. Floyd Feikema, 1445 Fairlawn Way, asked questions about bus routes. Duane Orn, 4401 Avondale Road, opposed to closing Natchez. Tracy Godfrey, 4630 Douglas Avenue, requested the Council consider other ways to slow down the speeding on Natchez (speed bumps, stop sign, one way exit out of area on Natchez, and enforcement of 7:00 - 9:00 Aht speeders). Wilbur Berg, 1529 Fairlawn Way, opposed to closing Natchez. Carelton Fish, 1400 Natchez Avenue South, in favor of closing Natchez. Bill Kueffner, 1500 Fairlawn Way, keep Natchez open. Howard Cox, 1410 Fairlawn Way, opposed to closing Natchez. Vernon Stegner, 4520 Douglas Avenue, opposed to closing Natchez, find other solutions to traffic problems, keep open for emergency vehicles. Regular h1eeting of the City Council September 18, 1990 Page 5 Informal Public Hearing - �latchez Avenue Closin - Continued Richard Brown, 1417 P�atchez Avenue South, opposed to closing Natchez, keep open for e�ergency vehicles. Raymond Blaylock, 1430 Fairlawn Way, concerned over cri�e and safety of children. Violet Sather, 4325 Sussex Road, had questions about entrances to service road Pat Bennett, 1430 Fairlawn Way, stated that yeild traffic signs are ignored by neighbors. Joe Farris, 4515 Avondale Road, opposed to closing Natchez. The P1ayor closed the public hearing. The f1ayor stated she received a fax fro� Justin Pearl , 4330 Sussex Road, which stated his opposition to the closing of Natchez. The Mayor stated she would like to �eet with P1r. Godfrey and other residents in the area to discuss any alternatives that would help alleviate the traffic situation. P40VED by Johnson, seconded by Stock�an and �otion carried unanimously to deny the request to install a cul -de-sac on Natchez Avenue South. Informal Public Hearing - Second Consideration - Ordinance #43 - Alcoholic Beverages Licensing and Regulations The following ordinance was P40VED by Stockman, seconded by Johnson: ORDINANCE #43, 2ND SERIES AN ORDINANCE A�1ENDING THE CITY CODE (Amendments Respecting Alcoholic Beverages Licensing and Regulation) Allen Barnard introduced the agenda 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 Playor closed the public hearing. t10VED by Johnson, seconded by Tho�pson and �otion carried unanimously to deny Ordinance #43. P40VED by Tho�pson, seconded by Johnson and �otion carried unanimously to recall the public hearing to consider and ordinance a�endment respecting alcoholic beverages licensing and reguations for October 2, 1990. Regular P1eeting of the City Council September 18, 1990 Page 6 *Petition from Hidden Village Regardin 6100 Golden Valle Road MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the petition fro� Hidden Village regarding 6100 Golden Valley Road and ' consider it at the public hearing. *Letter from John Richter Regarding 6100 Golden Valley Road P10VED by Johnson, seconded by Thompson and �otion carried unanimously to receive and file the letter from John Richter regarding 6100 Golden Valley Road and consider it at the public hearing. Letter from Paul Lynch and Ernie Prince Regarding Closinq of Natchez Avenue South The Council received a letter from Paul Lynch, dated September 6, 1990 and Ernie Prince, dated September 8, 1990 regarding the closing of Natchez Avenue and considered the� at the public hearing. *Requests to Serve Beer and/or Wine at Brookview Park MOVED by Johnson, seconded by Thompson and �otion carried unanimously to receive, file and approve the following requests to serve beer and/or wine at Brookview Park: Narvey, Sheehan & Qenson, dated September 6, 1990 to serve beer and wine at the small shelter on September 23, 1990 from 11:00 AM to 4:00 Ph1; Honeywell , Inc. (Ih1S), dated Septe�ber 7, 1990 to serve beer and wine at the small shelter on September 19, 1990 fro� 3:00 P�1 until dusk; P1ary Budner, dated September 13, 1990 to serve beer and wine at the s�all shelter on Septe�ber 30, 1990 from 11:00 A�1 unti 1 4:00 PPt and P1ary P1 ooster, dated Septe�ber 13, 1990 �o serve beer and wine at the sr�all shelter on September 29, 1990 fror� 5:00 PF1 until dusk. *Call for Special Assessment Hearing - 10/2/90 �tOVED by Johnson, seconded by Thompson and r�otion carried unanir�ously to call a public hearing for October 2, 1990 at 7:30 PP1 as the date for the special assessment public hearing on the following projects: Street Improvements (89 SI 2 and 89 SI 3) ; Residential Street Light Installation Charge (RSL 184) ; delinquent utility bills, weed eradication, tree rer�oval , false alarr� violations and miscellaneous delinquent invoices. *CaTI for Public Hearing - Ordinance Ar�endment - Adoption of Revised State Building Code - 10/2/90 P10VED by Johnson, seconded by Thonpson and motion carried unanimously to call for an informal public hearing to consider an ordinance amendment regarding incorporation of the revised state building code for October 2, 1990. *Call for Public Hearing - Ordinance Amendment - Sanitation Requirer�ents for Food and Beverage Establishments - 10/2/90 P10VED by Johnson, seconded by Thor�pson and motion carried unanimously to call for an informal public hearing to consider an ordinance anendment regarding revised sanitation requirernents for food and beverage establishments for October 2, 1990. Regular Meeting of the City Council September 18, 1990 Page 7 *August, 1990 - General Fund Bud et Report P10VED by Johnson, seconded by Thompson and �otion carried unani�ously to receive and file the August, 1990 General Fund Budget Report. *Receipt of Canada Goose P,eport MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the Canada Goose Report, dated July 31 , 1990 from the University of Flinnesota. *Authorization to Hire Architect for Cold Storage Buildin MOVED by Johnson, seconded by Thompson and r�otion carried unanir�ously to authorize the hiring of Kilstofte Associates Architects to prepare bids and specifications for the cold storage building on the City's Tenth Avenue site for an ar�ount not to exceed $7,000.00. *Letter Sent to Laurel Hills Resident Regarding Replacement of Soo Line Railroad Crossings at Laurel Avenue MOVED by Johnson, seconded by Thor�pson and r�otion carried unanimously to receive and file the letter sent to Ms. Audrey Nesheim, dated September 6, 1990 regarding the replacement of Soo Line Railroad Crossings at Laurel Avenue. *Call for Public Hearing - Preliminary Design Plan and General Plan Approval - PUD #59 - Amendment #1 - Dahlberg, Inc. - 10/16/90 MOVED by Johnson, seconded by Thompson and motion carried unanir�ously to call for a public hearing to consider preliminary design plan and general plan approval of PUD #59, Amendr�ent #1, Dahlberg, Inc. for October 16, 1990. Waiver of Noise Ordinance - Lunda Construction - Glenwood/Highway 100 Lowell Odland introduced the agenda item. P�OVED by Thor�pson, seconded by Stockman and motion carried unanimously to grant the request submitted by Lunda Construction to waive the noise ordinance for the erection of structural steel on the Glenwood Avenue bridge over Highway 100 on September 24 - 27, 1990 from 10:00 PF1 until 5:00 AD1 and request either the construction cor�pany or MnDOT notify the effected homeowners. *Quotes - Capping of Well at Old Central Garage Building h10VED by Johnson, seconded by Thompson and r�otion carried unanimously to authorize the hiring of Don Stodola Well Drilling Co. Inc. to perforate and seal the old well located at the former central gargage facility for $2,850.00. *Quotes - Fall Leaf Disposal P10VED by Johnson, seconded by Thor�pson and r�otion carried unanimously to authorize the hiring of Waste P�lanagement to provide truck and drivers for the fall leaf disposal for $50.00 per hour, per truck. Regular �1eeting of the City Council Septe�ber 18, 1990 Page 8 *Government Center Banner and Flags P10VED by Johnson, seconded by Thompson and motion carried unanimously to purchase six banners and six flags for the government center fro� Banner Creations for a cost of $1,888.00. *Quotes - Shade Trees �10VED by Johnson, seconded by Tho�pson and motion carried unanimously to purchase forty-five, 21�" shade trees from the lowest responsible bidder, Noble Nursery for $10,350.00. The quotes were as follows: Noble Nursery $10,350.00 Plidwest Landscaping 10,790.00 Plinnesota Valley Landscaping 11,025.00 Announcements of P�eetings No action taken. Group Ho�e Seminar Staff will inform the Council of the dates for the Group Ho�e Seminar. Appointment to Building Board of Review Playor Anderson introduced the agenda item. MOVED by Thompson, seconded by Stock�an and motion carried unanimously to appoint Stanley Chasney to the Building 6oard of Review for a three year term, expiring P1a rch 1, 1993. *Proclamation for Wornen of Today Week P10VED by Johnson, seconded by Thor�pson and motion carried unanimously to proclaim Septer�ber 23-29, 1990 as Women of Today 4Jeek in Golden Valley. Administrative Hearing - Hazardous Building - 2200 Ensign Avenue North P�ayor Anderson introduced the agenda iter� and requesed Allen Barnard, the City Attorney, conduct the administrative hearing. P1r. Barnard outlined the procedure for all interested persons to be heard on the matter. P1ary Mitchell , the Court Reporter who was reporting the hearing adr�inistered 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 inforr�ation regarding the violations and introduced pictures and correspondence into evidence. Viola Saari stated she can not afford to remove the barn and pay for it now but would not object to having the city remove the building and pay for it as a special assessment. Regular Pleeting of the City Council September 18, 1990 Page 9 Ad�inistrative Hearing - Hazardous Building - 2200 Ensign Avenue P�orth - Continued Joe Bluford, 2150 Ensign Avenue North, stated he feels the building is unsafe and should be re�oved. 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. He further explained the procedure for entering into an agreement with the property owners for removal of the building. MOVED by Johnson, seconded by Stock�an and �otion carried unanimously to authorize the t1ayor and City Clerk to execute and issue an order for removal of the building (a copy is attached hereto as Exhibit A). MOVED by Thompson, seconded by Johnson and motion carried unani�ously to direct staff to meet with the property owners and negotiate an agreement for re�oval of the building and bring back the agreement to the Council for their approval . Appeal to Board of Zoninq Appeals Decision - 4335 Sussex Road Lloyd Becker, Director of Zoning and Community Services, presented background information regarding the Board of Zoning Appeal decision. P1ike Sell , Chair, Board of Zoning Appeals, reviewed the discussion by the Board and answered questions from the Council . Carol Lorence, 4335 Sussex Road, requested the Council consider her request to add a 10 foot addition to the garage and reviewed the background infor�ation. Allen Barnard reviewed the procedure for approval or denial of the request. MOVED by Johnson, seconded by Tho�pson and �otion carried unanimously to grant both variances requested by Carol Lorence, as outlined in her BZA appeal dated August 14, 1990 for the property located at 4335 Sussex Road. Ad j ou rnment t10VED by Stockman, seconded by Johnson and r�otion carried unanimously to adjourn the meeting at 9:15 PM. ,�� ' CV� �� , ; t 'l-?� '� Ma E. A derson, tlayor ATTEST: F� .� ;� � } �� i ��� �..- � �. . _�: .� , ,� J y Nal , Adminis rative Secretary :�, ,..- ORDER OF THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA To : Kenneth C. Saari Marquette Bank Golden Valley . Viola A. Saari 8200 Golden Valley Road 2200 Ensign Avenue North ' Golden Valley, MN 55427 Golden Valley, MN 55427 First Minnesota Savings Bank Beneficial Loan & Thrift Co. 77 South Seventh Street 5510 West Broadway Avenue Minneapolis , MN 55402 Crystal , MN 55428 Regarding Premises Located At : 2200 Ensign Avenue North Golden Valley, Minnesota Legal Description: Lot 8 , Block 6 , in Medley Hills , Hennepin County, Minnesota From: City Council City of Golden Valley Hennepin County, Minnesota Pursuant to Minn. Stat . �§ 463 . 15 - 463 . 261, you a,re hereby ordered to demolish and remove the storage barn from the above-described premises, from the roof down to and including the foundation and footings, and to fill the excavation remaining after removal of the storage barn to grade level with clean, non-contaminated, compacted granular fill . You have 30 days from the date this Order is served upon you to demolish and remove the storage barn and to fill the remaining excavation to grade level . Please take notice that, if you do not comply with the requirements of this Order, a motion for summary enforcement of this Order will be made to the Hennepin County District Court unless an answer to this Order is served upon the City of Golden Valley within 20 days from the date this Order is served upon you. This Order is based upon the followinq findings : 1. The barn on the above-described premises is uninhabited and used solely for storage; 2 . The storage barn and surrounding land are a fire hazard, are in a state of dilapidation, and are a public nuisance under Section 203 of the Uniform Buildinq Code, 1985 Edition; 3 . The window frames and si11s of the storage barn are badly deteriorated and certain frames and sills are completely rotted; 4 . The header beam supporting the frame of the storage barn above one of the overhead doors has been exposed to the elements and is rotted and sagging; 5 . The soil under a portion of the foundation of the storage barn has settled appreciably, leaving the foundation unsupported and in danger of collapsing;. 6 . The wooden exterior siding on the storage barn is unpainted and rottinq, and pieces of sidinq have fallen away from the storage barn; 7. The rafters of the storage barn have deteriorated to such an extent that they no longer adequately support the roof; 8. Portions of the roof of the storage barn are not protected with any type of roofing material and there is water penetration through various openings in the roof; 9 . The land immediately surrounding the storage barn is overgrown with vegetation, lawn debris , and accumulated junk, blocking access to certain entrances of the storage barn; 10. The storage barn is a breeding ground for rodents ; and 11. The storage barn is a deteriorating shell . -2- This Order is made by the City Council of the City of Golden Valley, Hennepin County, Minnesota, on September /d , 1990 . G�h , �����1J / Mary . A derson, Mayor � ATTEST: Shirley . Nelson, City Clerk O 6 7 6 u -3-