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03-04-74 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL March 4, 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 March 4, 1974, at 7:30 o'clock P. M. The following members were present: Anderson, Bix, Moberg, and Riggs; and the following was absent: Hoover. Present were Village Manager, Barkley G. Omans, Village Attorney, Robert M. Skare, Village Engineer, Lowell. Odland, Director of Planning and Inspection, Jon Westlake and Thomas Fleenan Sanitarian. Minutes of Feb ruary_kl9,_ j974: MOVED by Anderson, seconded by Bix, carried unanimously, to approve the minutes of February 19, 1974, as corrected, Gond Reading Ordinance Amending Open Burning: 'MOVED by Bix, seconded by Anderson, carried unanimously, to give a second reading to an ordinance entitled: AN ORDINANCE AMENDING THE CITY CODE (Open Burning) MOVED by *-Moberg, seconded by Anderson, carried unanimously to approve the ord- inance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page__S�_. Second Readin Ordinance Amendin -� Refuse Removal: MOVED by Bix, seconded by Moberg, carried unanimously_, to give a second read- ing to an ordinance entitled: AN ORDINANCE AMENDING THE CITY CODE (Collection and Transportation of Garbage and Refuse) MOVED by Moberg to approve the ordinance herein quoted by title on its second reading, seconded by Bix with an amendment that Section 625:50. Hours of Col- lection, read "between 6:30 A.M., and 6:00 P.M". The amended motion was sec- onded by Anderson and Carried unanimously to order publication thereof. See Ordinance Book pageip Mr. Kager, Woodlake Sanitary Service, stated he supports a starting time as a tool to be used by the Police Department to keep people off the streets at late hours; however, he would like to compromise on the starting time. He is in favor of a starting time of 6:00 A.M,, because in the summer months heat is a factor to be considered and the exposure to neighborhood children would be lessened if they could start earlier. SIFWA roxm Regular Meeting of the Village Council, March 4, 1974 Warren E, Hanson, 1824 Spring Valley Circle, stated refuse haulers are still collecting too early at present. He felt that children did not cause any problem to the refuse haulers, or begin pickup at 9:00 A.M., when the child- ren are in school. Rotate routes so that the same people do not have the early pickup. Mr. Hanson felt that 7:00 A.M., was a fair starting time for pickup. Kathy Herje, 8805 Elgin Place, felt that 7:00 A.M., was a reasonable time to begin refuse pickup, Dick Hallen, Dick's Sanitary Service, stated that if the pickup hours are set too late, the haulers run into problems with heavy traffic. Also, in the spring and fall longer hours are needed to make the pickups. First Reading Ordinance Re ealin - Dumping and Refuse Handling Sections: MOVED by Bix, seconded by Moberg, carried unanimously, to give a first read- ing to an ordinance entitled: AN ORDINANCE AMENDING THE CITY CODE (Dumping and Refuse Handling) MOVED by Anderson, seconded by Moberg, carried unanimously, to approve the ordinance herein quoted by title on its first reading. Appeal from Board of Zonin& Aeals - Trevilla of Golden Valley -7505 Country Club Dr. Walter Kost, Chairman of the Board of Zoning Appeals, stated the Board's main concern is the height of the building which is four (4) stories, and it was felt that this proposed expansion would be in violation of the vill- age Ordinance. The Board of Zoning Appeals therefore declined the petition andturned it over to the Village Council Paul Pink of Gingold-Pink Architecture was present and discussed the follow- ing: Ingress and egress on the site, setbacks, present surrounding zoning, proposed zoning, vacation of Fifth Avenue North (which is approximately 8,000 Square Feet), present and proposed total site coverage. Mr. Pink stat- ed there is approximately 211,000 square feet of land area and 143 parking spaces are provided (total for existing and proposed parking). The proponent also discussed proposed storm ponding plan, longitudinal site plan, ground and second, third, and fourth floor plans, and typical unit plans. The East, West and South elevations of the proposed building were also discussed. Lowell Odland, Village Engineer, discussed the inadequacy of the size of the culverts running under T.H. #55. Robert Riggs opened the meeting for informal public discussion. Kathy Herje, representing the Planning Commission, read the motion by the Planning Commis- sion from their January 14, 1974, meeting regarding this proposal. MOVED by Bix, seconded by Anderson, carried unanimously, to grant approval of tf� Regular Meeting of the Village Council, March 4, 1974 the petitioner's appeal from the Board of Zoning Appeals as to height res- triction, subject to the following: 1. The waiver shall run with the building and use for a residential nursing care unit. It shall not run with the land. 2. The height shall not exceed present building height of 38 feet, exclusive of roof top mechanical equip- ment. 3. It shall be subject to the requirement that no other waivers be necessary, side yard waiver would be grant- ed if the street is dedicated. 4. It shall be subject to Trevilla of Golden Valley meet- ing the requirements of the City Council based upon recommendations of City Commissions and staff covering the matters of plan layout, zoning, density, landscap- ing, street system and vacation of street, setbacks, and other building matters. P.U.D. 413 - Cheyenne Land Companv. Concept A2proval (Medicine Lake Rd. & Co. Rd, 18): Jim Hawks, Planner for Centurion Company, representing the proponent, stated they are requesting concept approval of Planned Unit Development #13. Mr. Hawks discussed access and bus line service, sanitary sewer service, drain- age, and density, He stated that the property is presently zoned Open Deve- lopments however, it is shown as Residential PUD on the Village Comprehensive Plan. He stated the original proposal was for 172 single family units which would equal 5.9 units/acre. Mr. Hawks then displayed the revised plan show- ing less units, revisions in the cul-de-sac as requested by the Fire Depart- ment, removal of certain units which the Planning Commission felt were locat- ed too close to the tennis courts. Richard Knutson of McCoombs-Knutson gave a brief explanation of soil conditions stating the soil is generally good according to soil tests taken. Warren Lundsgaard, representing the Planning Commission, stated the Planning Commission expressed concern as to how special assessments would be dealt with, width of streets, emergency access -,traffic congestion on Medicine Lake Road, nearness of homes to Duluth Street, and the density in the Southern portion being too high. The Planning Commission felt that the use of two-family units was a good land use concept for this property. Robert Riggs opened the meeting for public discussion, and the following ex- pressed their concerns: Marylyn Gaulrapp, 2016 Independence Avenue North, is concerned with the densi- ty to the south, Robert J. Zitur, 2155 Aquila Avenue North, expressed concern regarding traffic on Medicine Lake Road and felt it was impossible to increase the density in the area without widening Medicine Lake Road^ and asked what the plans are for handling traffic, 39 Regular Meeting of the Village Council, March 4, 1974 MOVED by Anderson, seconded by Moberg, carried, to grant concept approval of P.U.D. #13 for land use providing the density is not to exceed 164 units. Proponent consult with Open Space Committee and other village advisory groups. Councilman Bix voted nay. McDonald Parking Lot :7 Building Permit _Request- 800 Winnetka Avenue North: Steve Lilly of McDonald's Corporation gave a presentation of the proposed plans. Mr. Lilly stated he has met with the Building Board of Review and received concept approval only, subject to submitting a $2,000 landscape bond to the Inspection Department. The parking lot will be used for em- ployee and customer parking, and it is their intention to lessen the traffic problem on Winnetka Avenue, MOVED by Moberg, seconded by Anderson, carried unanimously, to grant approval of the request for a building permit for a parking lot, subject to the re- quirements of the Building Board of Review. Communications: Robt. Gandrud, President, P.RT,,A, re: Sidewalk on Medicine Lake Road and Sunny Hollow Elementery School re: Sidewalk on Medicine Lake Road; MOVED by Anderson, seconded by Moberg, carried unanimously, to receive and file the letters and direct Mayor Riggs to answer both letters and inform them of the meeting of Monday, March 18, 1974, set to discuss problems on Medicine Lake Road with the Hennepin County Highway Department, and to in- vite the Superintendent of Schools to that meeting. Also, the Village is to formally request the presence of the City of New Hope, City of Crystal to the same meeting. Waiver of Platt in Ordinance - 5722 5730 and 5740 Wayzata Boulevard - South- side Lumber Company: The request is for the waiver of the Platting Ordinance for division of the following property: Parcel I: 900 Xenia Avenue South: That part of Government Lot 4, Section 4, Township 117 North, Range 21 West of the 5th Principal Meridian des- cribed as follows: Commencing at the southeast corner of. said Govern- ment Lot 4; thence westerly along the south line of said Government Lot 4, a distance of 723.4 feet; thence northerly, parallel with the east line of said Government Lot 4, a distance of 283.00 feet, to the point of beginning of the land to be des- cribed; thence westerly parallel with said south line a distance of 510.0 feet; thence northerly parallel with said east line a distance of 30.00 feet; thence westerly parallel with said south line a distance of 251.50 feet, more or less, to the west ON Regular Meeting of the Village Council, March 4, 1974 line' of said Government lot 4thence northerly along said West line a distance of 76.65 feet, more or less, to the southeasterly right-of-way line of the Minneapolis, Northfield & Southern Railroad; thence northeasterly along said south-easterly right-of-way Line to the inter- section with the south line of the North 20.00 acres of said Government Lot4; thence easterly along said south line to the intersection with a line drawn northerly from the point of beginning and parallel with the east line of said Government Lot 4; thence southerly along the last described parallel line to the point of beginning. Parcel II: 5722 Wayzata Boulevard: That part of Government Lot 4, Section 4, Township 117 North, Range 21 Gest of the 5th Principal Meridian des- cribed as follows: Commencing at the south east corner of said Government Lot 4; thence westerly along the south line of said Government Lot 4, a distance of 723.40 feet to the point of beginning of the land to be described; thence northerly parallel with the east line of. said Govern- ment Lot 4, a distance of 283.00 feet; thence westerly_ parallel with said south line a distance of 100.00 feet; thence southerly parallel with said east line a distance of 283.00 feet, to the south line of said Govern- ment Lot 4; thence easterly along said south line, a dis- tance of 100.00 feet, to the point of beginning. Subject to an easement for public right-of-way purposes over and across the South 33.00 feet of the above describ, ed property. Parcel III: 5740 Wayzata Boulevard: That part of Government Lot 4, Section 4, Township 117 North, Range 21 West of the 5th Principal Meridian des- cribed as follows: Commencing at the southeast corner of said Government Lot 4 thence westerly along the south line of said Government Lot 4 a distance of 823.40 feet to the point of beginning of the Land to be described; thence northerly parallel with the east line of said Government Lot 4 a distance of 283.00 feet; thence westerly parallel with said south line a dis- tance of 110,00 feet; thence southerly parallel with said east line a distance of 283.00 feet, to the south line of said Government Lot 4; thence easterly along said south line to the point of beginning, Subject to an easement for public right-of-way purposes over and across the South 33.00 feet of the above described prop- erty. Regular Meeting of the Village Council, March 4, 1974 MOVED by Anderson, seconded by Moberg, carried unanimously, to approve the waiver of the Platting Ordinance for the above referenced property, subject to no structure to be closer than 50 feet from the south property line for the two parcels off Old Wayzata Boulevard, granting 5 feet of Right -of -Way for the west side of Xenia Avenue, and the understanding that the owner of the lot to the rear is to bear the total cost of public sani- tary sewer service, and also some type of drainage ponding to be provided on the larger parcel. Budget Transfer Items: MOVED by Anderson, seconded by Moberg, carried unanimously, to approve the following budget transfers: (1) $4,000 from Contingent to Legal Special (#123-06) (2) $5,000 from Contingent to Planning (#123-16) (3) $1,400 from Unappropriated Surplus of Brookview to Course Maintenance Budget y 1 Resolution,_Ac�uisition of tiTollman Property & Waiver of ttorne -Forma Platting Ordinance: Member Bix introduced the following resolution and MOVED its adoption. RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Bix, Moberg, and Riggs; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mavor and his signature attested by the Village Clerk. See Resolutions Book page. Lowell Odland, Village Engineer, discussed the requested lot division and presented a drawing showing the same to the Council members. The request is for the waiver of the Platting Ordinance for division of the following property: PARCEL I: That part of Lot 6, "Auditor's Subdivision Number 322, Hennepin County, Minn- esota" lying north and northwesterly of the following described line: Commencing at a point on the East line of said Lot 6, said point being 175 feet north of the southeast corner of said Lot 6 thence west perpendicular to said east line 77 feet; thence southwesterly to a point on the southwesterly line of said Lot 6, said point being 168.7 feet northwesterly of the southeast corner of said Lot 6 and there terminating. Except the north 558,0 feet of said Lot 6. PARCEL II: That part of Lot 6, "Auditor's Subdivision Number 322, Hennepin County, Regular Meeting of the Village Council, March 4, 1974 Minnesota" lying south and southeasterly of the following described line: Commencing at a point on the East line of said Lot 6, said point being 175 feet north of the southeast corner of said Lot 6: thence west perpendicular to said east line 77 feet; thence southwesterly to a point on the southwesterly line of said Lot 6, said point being 168,7 feet northwesterly of the southeast corner of said Lot 6 and there terminating. Except that part thereof lying east of the following described line and its southerly extension: Beginning at the Northwest corner of Lot 5, said Auditor's Subdivision Number 322; thence southwesterly to a point on the South line of said Lot 6, said point being 43.70 feet northwesterly of the southeast corner of said Lot 6 and there terminating. PARCEL III: That part of Lot 6 "Auditors Subdivision Number 322, Hennepin County. Minnesota" lying east of the following described line and its souther- ly extension: Beginning at the northwest corner of Lot 5, said Audit - orfs Subdivision Number 322: thence southwesterly to a point on the South line of said Lot 6, said point being 43.70 feet northwesteerly of the southeast corner of said Lot 5 and there terminating. MOVED by Anderson seconded by Moberg carried unanimously to approve the Waiver of Platting Ordinance for the following subdivisions: Parcel I above being purchased by the City; Parcel II above to be deemed a buildable lot of record of suffi- cient size; Parcel III above to be combined with the property to the east (or if not sold or conveyed to the property owner on the east, then combined with the property on the west), such combine to be made within two (2) _years from the date hereof. MOVED by Anderson, seconded by Bix, carried unanimously, to call a public hearing on April 1, 1974 for easement vacation on the above referenced property. LicenseList: MOVED by Bix, seconded by Moberg, carried unanimously, to approve the license list as follows: No, Licensee ape Fee 2697 Golden Valley Shell Filling Station $ 20.00 2698 Golden Valley Shell Vending N,P. 12.50 2699 Golden Valley Village Hall(A.R,A. Services) Vending N.P 5,00 2700 Golden Valley Motor Vehicle Dept, Vending N.P. EXEMPT 2701 Golden Vallev Public Safetv Building Vending N.P, EXEMPT 2702 United States Bench Corporation Bench (11) 55.00 2703 Anderson Cadillac, Inc. Gasoline Pumps 5.00 2704 Swanson & Associates, Inc. Vending N.P. 5.00 flo MOVED by Anderson, seconded by Bix, carried unanimously, to reappoint Frank Hetman, Steven G. King for a three year term to the Building Board of Review. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint Glen Christiansen, Warren Lundsgaard for a three year term to the Planning Commission, MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint John L. Homme, Del Matasovsky for a three year term to the Environmental Commission. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint William Hobbs, Joe Burgess, Charles Davidson for a three year term to the Human Rights Commission. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint Ronald Hammer, Janet Duebner for a three year term to the Park & Recreation Commission, MOVED by Anderson, seconded by Riggs, carried unanimously, to reappoint Leland Regular Meeting of the Village Council, March 4, 1974 License List continued: No. Licensee TY�e, Fee 2705 Weldwood Nursing Home, Inc. Food Establishment $ 25.00 2706 (VOID) Weldwood Nursing Home Vending 5.00 2707 Ed, Grav (Malick 76) Vending N.P. 5,00 2708 Business Furniture (Coca Cola Co.) Vending N.P. 5.00 2709 The Company Store, Inc, Sp. Food Handling 5.00 2710 Bart's Golden Valley Mobil Vending N.P. 10.00 2711 Bert's Golden Valley Mobil Gasoline Pumps 25.00 2712 Milton Krelitz dba Reed Drug non-intox. malt liquor "Off Sale" 25.00 2713 Milton Krelitz dba Reed Drug Food Establishment 25.00 2714 Golden Vallev Lutheran Church Food Establishment EXEMPT 2715 Robbinsdale Transfer, Inc. Garbage 52.00 2716 Apollo Piping Supply (Coca Cola Co.) Vending N.P. 5.00 2717 Valley of Peace Lutheran Church Food Establishment EXEMPT 2718 Coca Cola Midwest (Nortronics) Vending 5,00 2719 Coca Cola Midwest (Jacobsen Machines) Vending 5.00 2720 Coca Cola Midwest (Bursch & Morrow) Vending 5.00 2721 Coca Cola Midwest (Minnesota Toro) Vending 5.00 2722 Coca Cola Midwest (B.F. Goodrich) Vending 5.00 2723 Coca Cola Midwest (Minn, Highway Dept,) Vending 5,00 2724 2725 Coca Cola Midwest (Golden Valley Arms) Coca Cola Midwest (Gold Cross Co.) Vending Vending 5.00 5.00 2726 Coca Cola Midwest (United Dressed Beef) Vending 7,50 2727 Golden Valley Lions Club It. Food Establishment EXEMPT Board and Commission Re -appointments: MOVED by Anderson, seconded by Bix, carried unanimously to reappoint Walter Kost, Mike Sell, Mahlon Swedberg, and LeRoy Anderson for a one year term to the Board of Zoning Appeals. MOVED by Anderson, seconded by Bix, carried unanimously, to reappoint Frank Hetman, Steven G. King for a three year term to the Building Board of Review. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint Glen Christiansen, Warren Lundsgaard for a three year term to the Planning Commission, MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint John L. Homme, Del Matasovsky for a three year term to the Environmental Commission. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint William Hobbs, Joe Burgess, Charles Davidson for a three year term to the Human Rights Commission. MOVED by Anderson, seconded by Moberg, carried unanimously, to reappoint Ronald Hammer, Janet Duebner for a three year term to the Park & Recreation Commission, MOVED by Anderson, seconded by Riggs, carried unanimously, to reappoint Leland Regular Meeting of the Village Council, March 4, 1974 L. Gillogly, Kay Engwall, Douglas B. Drolsum, Sue Garvis, Larry Lage, Gordon C. Ortler for a one year term to the Police/Community Relations Commission. Council requested the City Manager notify the above mentioned re -appointments. It was decided that the Village Council would meet at 6:45 P.M., on Monday, March 18, 1974 to discuss individuals to be appointed to Village Boards and Commissions. Board and Commission Minutes: MOVED by Moberg, seconded by Anderson, carried unanimously, to receive and file the minutes of the Village Boards and Commissions listed below: Golden Valley Safety Council Minutes - February 25, 1974 Civil Service Commission Minutes - February 13, 1974 Police/Community Relations Minutes - February 12, 1974 Human Rights Commission Minutes - February 14, 1974 Building Board of Review Minutes - February 20, 1974 Park & Recreation Commission Minutes - February 11, 1974 & February 25, 1974 Planning Commission Minutes - February 25, 1974 Council Committee Report on Winnetka Avenue: Member Moberg felt that discussion should not be held on this item until interested tenants and owners of buildings along Winnetka Avenue north from the Golden Valley Library, including the shopping centers on Olson Highway and Winnetka Avenue, have been notified of the meeting. Glenwood Hills Association: The Village Council will meet with the Glenwood Hills Hospital on Wednesday, March 27, 1974 at 7:30 P.M,, in the Council Chambers, at their request to re- view the planning they have done on site use. * Miscellaneous: Member Moberg brought up discussion on the matter of various Board and Commis- sion minutes not being written exactly as happened at the meeting or not in proper time sequence. (Please see note below,paragraph omitted) Bills and Claims: MOVED by Moberg, seconded by Anderson, carried unanimously, to approve the bills as submitted on the prelist, MOVED by Moberg, seconded by Anderson, carried unanimously, to receive and file the complaint of Larry W. Ebersold. * This is the correction to omitted paragra h above: MOVED by Anderson, seconded by Moberg, carried unanimously, to recommend that a memorandum be sent to each Village Board and Commission stating that the Village Council feels it is extremely important that the minutes of meetings express exactly what occurred at the meeting and in proper time sequence. Regular Meeting of the Village Council, March 4, 1974 MOVED by Moberg, seconded by Anderson carried unanimously, to adjourn the meeting at 12;55 A.M. R M yor Attest: Ytttirtgr Village Clerk 1 1