01-07-94 City Council MinutesI
REGULAR MEETING
of the
VILLAGE COUNCIL
January 7, 1974
Pursuant to due call and notice thereof, a regular meeting of the Council
of the Village of Golden Valley, Hennepin County, Minnesota, was held at
7800 Golden Valley Road, in said Village on January 7, 1974, at 7:30 P.M.
The following members were present: Anderson, Bix, Hoover, Moberg, and
Riggs; and the following were absent: None.
Present were Village Manager, Barkley G. Omans; Village Attorney, Allen
Barnard; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman;
Director of Planning & Inspections, Jon Westlake.
Oath of Office•
Judge A. Paul Lommen was present and administered the oath of office to
the new Council members Mayor Robert E. Riggs and Mary Anderson.
Mayor Riggs designated seating of the new Council.
Minutes of December 17, 1973:
MOVED by Moberg seconded by Hoover carried to approve the minutes of
December 17, 1973, as submitted.
Public Hearing — PUD #11 — Donald M. Erickson (General Plan Approval):
Ron Edstrom, Vice Chairman of the Planning Commission, presented the
recommendation of the Planning Commission to approve PUD #11. A letter
from the Minnesota Highway Department dated January 3, 1974, was reviewed.
Mr. Donald M. Erickson, developer, answere points raised in the letter
from the Minnesota Highway Department.Jon Westlake, Director of Planning
& Inspections, presented the recommendations from the Environmental
Commission and their approval of PUD #11.
The Mayor announced that the meeting was open for public hearing.
Mr. T. F. Ronk, 1445 Ottawa Avenue South, questioned the $30,000 unit
cost recommendation by the Planning Commission.
Mr. Robert Torbert, 1450 Ottawa Avenue South, asked about additional
recreation facilities in the area.
The Mayor closed the public hearing.
Mr. W. B. Hamre, 1525 Ottawa Avenue South, would like to see the property
remain as it is, the highway will take a portion for I-394.
The Mayor closed the public hearing.
Regular Meeting of the Village Council, January 7, 1974
MOVED by Bix seconded by Hoover carried to grant general plan approval
for PUD #11, subject to staff approval, performance bond, attorneys
title opinion, agreements for easement, covenants and final plat
approval; and Planning Commission conditions as follows:
1. Homeowners as an association have the right to determine
if they wish to have recreation areas if not adequately
provided for in the Homeowner's Association by-laws.
2. Items A,B,C,E, and F, as in the planning considerations V.
3. Require $100.00 per unit payable upon issuance of the building
permit for use to develop natural open space and recreation area.
4. Building Board of Review, when reviewing the landscaping plan,
to give a special consideration to using more mature and faster
growing trees to provide an adequate buffer for the site from
the highway and existing neighborhood.
5. Esixting vegetation on perimeter be replaced if it is disturbed.
This replacement should be equivalent to existing and provide
adequate screening.
6. Shed which is to remain should be restored and maintained.
Upon roll call vote being taken thereon, the members were recorded as
voting as follows:
Anderson YES
Bix YES
Riggs YES
Hoover YES
Moberg NO
Public Hearing - Public Improvement - Storm Sewer (74 -SS -1):
The Village Clerk presented an affidavit showing publication in the
official newspaper of the Notice of Public Hearing on certain proposed
Public Improvements 74 -SS -1, described in the resolution of this Council
relating thereto, adopted on December 3, 1973. Said affidavit was then
examined, approved and ordered filed in the office of the Village Clerk.
The Mayor then announced that the meeting was open for public hearing on
said proposed public improvements, and all persons present to do so were
afforded opportunity to express their views thereon. No persons presented
objections except the following:
Mr. Don T. Cosgriff
1505 Princeton Ave. So.
Mr. Henry Chodscki
5225 - 33rd Ave. North
The Mayor closed the Public Hearing.
How are storm sewers ordered,
by Council or by resident
petition.
Asked when he could get on
the construction docket.
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Regular Meeting of the Village Council, January 7, 1974
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
74 -ss -1
The motion for the adoption of the foregoing resolution was duly seconded
by Member Hoover, and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the
following voted against the same: None, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor, and his signature
attested by the Village Clerk. See Resoluitons Book page j oq
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING MANNER OF CONSTRUCTION
74 -SS -1
The motion for the adoption of the foregoing resolution was duly seconded
by Member Hoover, and upon vote being taken thereon, the following
members voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs;
and the following voted against the same: None, whereupon said resolution
was declared passed and adopted, signed by the Mayor, and his signature
attested by the Village Clerk. See Resolutions Book page `,-.
Resolution re: Footing Change - Tyrol Pedestrian Bridge:
Member Bix introduced the following resolution and MOVED its adoption:
RESOLUTION
(Alternate Pier Footings For Bridge 27001)
The motion for the adoption of the foregoing resolution was duly seconded
by Member Hoover, and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the
following voted against the same: None, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor, and his signature
attested by the Village Clerk. See Resolutions Book page c;20 i .
Petition - "No Parking" - Tyrol Crest:
Member Bix introduced the following resolution and MOVED its adoption:
RESOLUTION
(Restricting Parking on Certain Portions of
Tyrol Crest)
The motion for the adoption of the foregoing resolution was duly seconded
by Member Moberg, and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the
following voted against the same: None, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor, and his signature
attested by the Village Clerk. See Resolutions Book page.
41
Regular Meeting of the Village Council, January 7, 1974
License List:
MOVED
by Bix seconded by Moberg carried
to approve
licenses as follows:
No.
Licensee
Type
Fee
2646
John C. McGuire
Cigarettes
$12.00
2647
States Electric
'''
12.00
2648
Pako Corporation
it
12.00
2649
Benson Orth
it
12.00
2650
Golden Hills Liquor Store
if
12.00
2651
Honeywell, Inc.
"
12.00
2652
The White House
"
12.00
2653
Western Fuel & Oil Company
"
12.00
2654
General Mills Research Dept.
"
12.00
2655
Chrysler City
"
12.00
2656
Service Bureau
"
12.00
2657
Gordon's Drive -In & Restaurant
"
12.00
2658
Fluidyne, Inc.
"
12.00
2659
Westwood Hills Service
"
12.00
2660
The Company Store, Inc.
"
12.00
2661
I.B.M. Club of Mpls.
"
12.00
2662
Nortronics, Inc.
"
12.00
2663
Golden Valley Kwik Shop
''
12.00
2664
Golden Valley Golf Club
"
12.00
2665
Woodfill Service Station
Vending NP
2.50
No. 2
Mpls. Elks Lodge #44
Club On -Sale
$100.00 Exempt
(to replace Liquor License
#4983 issued 7-1-73)
Institutional Zoning Area Development; Sweeney Lake, Theodore Wirth Park:
The Village Manager presented two quotes on a proposed study of the Inst-
itutional Zoning area bounded by Sweeney Lake, Theodore Wirth Park, and
Golden Valley as follows: Brauer & Associates; and Nason, Wehrman,
Chapman & Associates. The Village Manager recommended the award to Nason,
Wehrman, Chapman & Associates in the maximum amount of $5,000.00.
Mr. Wm. Chapman reviewed the background of Nason, Wehrman, Chapman &
Associates.
MOVED by Anderson seconded by Hoover carried to authorize the Manager and
Mayor to sign the agreement with Nason, Wehrman, Chapman & Associates to
prepare a study of the Institutional Zoning area above referred to in the
amount of $5,000.00.
Continued Public Hearing - Golden Valley Health Center:
Mr. Josiah E. Brill, Attorney representing the Golden Valley Health Center,
reviewed the Planning Commission and Council past action on the Golden
Valley Health Center's application for a building permit for the Lakeview
Medical office building. Mr. Brill presented a traffic report prepared by
Barton-Aschman & Associates dated January 2, 1974. Mr. Brill urged the
Council to act favorably and approve the request for a building permit for
the Lakeview Medicial building tonight with the additional two stories as
per their plans.
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Regular Meeting of the Village Council, January 7, 1974
Mr. Robert VanHauer stated that Health Central, Inc., owns the land and
will own the proposed building, of which 70% will be taxable.
Mrs. Gloria Johnson, 4200 Golden Valley Road, reviewed the objections of
the neighborhood to the proposed medical office building and stated the
Golden Valley Health Center would soon have the status of a Mayo Clinic.
Mr. VanHauer objected to the tenure of Mrs. Johnson's statements.
Mrs. Karen Brodsky, 4505 Heathbrook Circle, said Mr. VanHauer was intim-
idating the residents and challenged the traffic study presented by the
proponent.
Mr. VanHauer objected again to Mrs. Brodsky's points and material.
Mr. John Herman, Attorney representing the Glenwood Hills Association,
stated an office building if far-fetched as incidential to hospital use,
called it spot zoning, and requested that the application be denied.
Mr. Steve S. Yoshino of Barton-Aschman & Associates, reviewed their
traffic report submitted for the Lakeview Medical building.
Mr. David Danoff, 1845 Major Drive, opposed the construction of the
proposed medical building.
Mr. M. Gokcen, 7400 Duluth Street, Director of Medical Education for
Golden Valley Health Center, stated a delay would cause the loss of a
half million dollars in private grants for construction.
Mrs. Kathy Herje, 8805 Elgin Place, asked about dedication for a trial
along the lake on the Golden Valley Health Center property.
Mrs. Jody Sehlin, Secretary of the Golden Valley Safety Council, reviewed
the Safety Council recommendation for the area.
The Mayor closed the public hearing.
After a lenghty discussion by Council it was MOVED by Hoover seconded by
Moberg carried unanimously that the Village Council specifically finds
that the Golden Valley Health Center proposal raises serious questions
concerning:
1. The adequacy of present street and road facilities
to handle the additional auto and truck traffic ex-
pected to be generated by the construction of the
proposed building.
2. The effect of said increased traffic on existing
residents and other facilities in the area.
Regular Meeting of the Village Council, January 7, 1974
3. The health and safety of residents in the area.
4. The environmental impace of the present proposal and
future proposals of the Golden Valley Helth Center
on the area.
5. The development and problem potential of this large
an area.
6. The fact that the proponent has made no plans for the
future development of the area or a planned unit
development.
The Village Council determines that there is a need for further study of
the development potential of the whole area in which the Golden Valley
Health Center is situated and development of an over-all plan to deal
with the problems expected to be generated by the present and future
proposals. The Village Council defers any action pursuant to various
provisions of the Golden Valley code including Sections 11:03, 11:05
and 14:01 of the Zoning Code and the determination of the appropriatness
of the proposed use for the I-3 Institutional Zoning District on said
Golden Valley Health Center proposal for a period of approximately six
months to its meeting of July 15, 1974, during which time it will com-
mission an independent consultant and the Planning Commission to study
the findings referred to above and arrive at solutions therefore.
Continued Public Hearing - MISCCA (Courage Center):
Mr. Russell Lundquist, President of MISCCA reviewed the original plans
as presented to Council in 1970 or 1971, showing phase I and II of
construction. Their plans have changed and they do not propose to
change the creek in any way, although they are willing to do so if the
Village or residents should request them to do so. Traffic will be
minimal and spread over 12 to 14 hours.
Mr. Wilko Schoenbohm, Executive Secretary of the Courage Center, and
Mr. Rafferty, Architect, were present to answer questions.
Mr. Wally Erickson, Board Member of Foundation of Courage Center, urged
that the proposed addition be approved.
Mr. Larry Smith, 2080 Mary Hills Drive, read a statement opposing the
proposed land use.
Mr. John Berly, State Department of Health, explained rules and regula-
tions pertaining to extension of certification.
Mr• Dudley Erickson, 4240 Legend Lane, stated he found the center an
attractive building which fills a unique need in the Village and favors
the approval of the proposed addition.
Dr. Brodsky, 4505 Heathbrook Circle, stated the addition would be a change
in the type of use of the facility and was an inappropriate use of the land.
:.y
Regular Meeting of the Village Council, January 7, 1974
Mrs. Mary King, 4025 Wasatch Lane, said the certificate of need was being
treated lightly, staff should research the certificate of need, the pro-
ponent's actions are deceptive. The center was not an attractive building.
Mr. John Herman, Attorney representing the Glenwood Hills Association, said
there was a cloud over the certificate of need, Council should specify that
the proposed addition not disturb the creek and defer approval of the 3rd
story until the certificate of need is approved.
Mrs. R. D Madsen, 2901 Quail Avenue North, thinks the present building is
very attractive and Golden Valley is lucky to have the facility.
Mrs. Gloria Johnson, 4200 Golden Valley Road, should require MISCCA to
state their intent in writing, the outpatient care is unique, but should
research the certificate of need, the center is entering a new field, and
questioned how close the proposed building is to the creek.
Mr. John Berly, State Department of Health, stated Federal monies not used
are lost to the state.
Mr. Lundquist stated that time is a factor in costs and with the Hill -
Burton funds.
Mrs. Peggy Spector, 5025 Hampton Road, spoke in favor of granting the
requested permit for the building addition to MISCCA.
The Mayor closed the public hearing.
MOVED by Hoover seconded by Moberg carried unanimously to approve the
concept of three stories, subject to approval of the Building Board of
Review; and the Village Council specifically finds that although it is
commissioning a planning consultant to study the general area in which the
MISCCA proposal is to be located and that it has deferred action on a
proposal by Golden Valley Health Center in a near -by location for purposes
of further study, the MISCCA and Golden Valley Health Center proposals are
clearly distinguishable for the following reasons:
1. The MISCCA proposal is to construct a residential facility
as an addition for handicapped individuals, which addition
was a part of MISCC's original building plans presented
some two years or so ago.
2. The MISCCA addition by its very nature will not create the
auto and truck traffic problems in the proportions expected
of the Golden Valley Health Center proposal.
3• The MISCCA addition will consume all the buildable land area
on its site required by the Golden Valley Zoning Code stand-
ards and MISCCA has pledged to submit legally enforcable de-
clarations of protective covenants to the village which will
preclude MISCCA from any further construction on said site,
obviating the need for a comprehensive development study of
the effect of its future plans on the area.
4. MISCCA may lose certain federal funds available to it for
the construction of said addition if the Council defers
action at this time.
Regular Meeting of the
Village Council, January
7, 1974
request a Club "On -Sale" Liquor License for the lodge.
by Moberg that the
Planning Commission
MOVED by Bix seconded
carried
Request for Bingo - Minneapolis Elks Lodge No. 44:
instruct the Citizen's
Committee, on I-3 Zoning,
to work with the Golden
Valley Safety Council
and Planning Commission on
the problem.
Application for "Club On -Sale" Liquor License-Mpls. Elks Lodge No. 44:
Mr. Ed Rock, Exaled Ruler of Minneapolis Elks Lodge No. 44, appeared to
request a Club "On -Sale" Liquor License for the lodge.
MOVED by Bix seconded by Hoover carried to approve the Club "On -Sale"
Liquor License and waive the fee for the first six months of 1974.
Request for Bingo - Minneapolis Elks Lodge No. 44:
MOVED by Bix seconded by Moberg carried to receive and file the Bingo notice.
Designation of Official Publication:
Mrs. Peggy Spector, 5025 Hampton Road, criticized the coverage of Golden
Valley news by the Sun Newspaper.
MOVED by Moberg seconded by Anderson carried to request the Mayor and
Councilman Hoover to meet with the Manager of the Sun Newspaper.
Colonial Acres Home Inc., re: Contribution:
Colonial Acres Home, Inc., a non-profit organization presented the village
with a check in the amount of $1,000.00 in appreciation for services they
have received.
MOVED by Hoover seconded by Bix carried to receive and file the letter
and check and send a letter of appreciation to Colonial Acres Home Inc.
Release of SAC Charges - Interceptor Maintenance Agreement #54:
MOVED by Moberg seconded by Hoover carried to release the SAC charges held
in escrow to the Metro Sewer Board and direct the payment of monthly SAC
charges hereafter.
MOVED by Moberg seconded by Hoover carried to authorize the Mayor and Village
Manager to sign Interceptor Maintenance Agreement #54.
Damages - Brookview Sprinkler System:
The Village Manager reported a break had occurred in the 4" sprinkler line
at Brookview Community Center, preliminary indications are that damages
will exceed $5,000.00. Contact has been made with the insurance company.
Request - "No Parking" on Laurel Avenue Between Florida & Hampshire:
Member Hoover introduced the following resolution and MOVED its adoption:
WA
Regular Meeting of the Village Council, January 7, 1974
RESOLUTION
(Restricting Parking on Certain Portions
of Laurel Avenue)
The motion for the adoption of the foregoing resolution was seconded by
Member Moberg, and upon vote being taken thereon the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and
the following voted against the same: None, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signa-
ture attested by the Village Clerk. See Resolutions Book page J1p .
Appointment of Mayor Pro -tem:
Mayor Riggs appointed Councilman Robert R. Hoover as Mayor Pro -tem.
Designation of Official Depositories:
MOVED by Hoover seconded by Moberg carried to designate Golden Valley State
Bank, First Plymouth National Bank, and North American Office of Northwest-
ern National Bank, as official depositories subject to filing of required
collateral.
Appointment of Director & Alternate - Suburban Rate Authority:
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY
The motion for the adoption of the foregoing resolution was seconded by
Member Hoover, and upon vote being taken thereon the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and
the following voted against the same: None, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signa-
ture attested by the Village Clerk. See Resolutions Book page -„211 .
Appointment of Representative & Alternate, Suburban League of Municipalities:
MOVED by Moberg seconded by Hoover carried to designate Mayor Riggs as
Representative and Patricia Moberg as Alternate to Suburban League of
Municipalities.
Resolution Appointing Two Delegates - CATV Commission:
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION
(Authorizing Joint and Cooperative
Agreement for CATV Commission
and Designating Directors Therefor)
Regular Meeting of the Village Council, January 7, 1974
The motion for the adoption of the foregoing resolution was seconded by
Member Bix, and upon vote being taken thereon the following members voted
in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and the
following voted against the same: None, whereupon said resolution was
declared duly passed and adopted, signed by the Mayor and his signature
attested by the Village Clerk. See Resolutions Book page ,IVa •
Appointment of Legislative Spokesman_:
MOVED by Hoover seconded by Moberg carried to appoint Mayor Riggs as
Legislative Spokesman.
Resolution re: Engineering & Technical Assistance - State Highway Dept.:
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION
(Engineering & Technical Services - Minnesota Highway Department)
The motion for the adoption of the foregoing resolution was seconded by
Member Bix, and upon vote being taken thereon, the following members
voted in favor thereof: Anderson, Bix, Hoover, Moberg, and Riggs; and
the following voted against the same: None, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his�signa-
ture attested by the Village Clerk. See Resolutions Book page' �-
Special Council Meeting - January -14, 1974:
Council called a Special Meeting on January 14, 1974 at 7:30 P.M., to
consider: Council Policy Manual, Conflicts & Disclosures, Council
Meeting Date - Boards and Commission Chairman, 69 -SS -1 & Sweeney Lake
Association, and I-394; and such matters as may properly come before the
Council.
Council Meeting Date - Boards & Commission Chairman:
MOVED by Bix seconded by Moberg carried to meet with the chairman of the
boards and commissions on January 17, 1974, in the Valley Room at 7:00
P.M.
Human Rights Commission Minutes - December 13, 1973:
MOVED by Moberg seconded by Hoover carried to receive and file the Human
Rights Commission minutes for December 13, 1973•
Park & Recreation Commission Minutes - December 27,1973:
MOVED by Bix seconded by Hoover carried to receive and file the Park &
Recreation Commission minutes for December 27, 1973•
Regular Meeting of theVillage Council, January 7, 1974
Bills & Claims•
MOVED by Moberg seconded by Bix carried to approve the bills as submitted
on the prelist.
MOVED by Bix seconded by Hoover carried to receive and file a Notice of
Claim by Arvi T. Treude.
MOVED by Moberg seconded by Hoover carried to approve the Village Manager
attending a seminar at the University of Arizona, February 2nd through
the 8th.
MOVED by Bix seconded by Hoover carried to adjourn the meeting at 2:00 A.M.
Attest:
Village Clerk
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Mayo,
M