07-15-74 City Council MinutesI Z,
Regular Meeting of the Village Council, July 15, 1974
property would be hindered and questioned how it would affect taxes. Mr. Sulz-
bach also expressed concern with landlocked parcels or lots which would not con-
form to the Ordinance requirements and asked explanation of double bungalows
being built on lots which directly abutt or are across the street from a heavier
use district. Dr. Herbert Weisman, 2520 Ensign Avenue North, felt that if
double bungalows were provided for, it would not conform with the continuity of
the neighborhood. Mrs. M. Medick, 2430 Ensign Avenue North, stated that resi-
dents on the north side of Ensign Avenue would be very much in favor of Residen-
tial zoning for this area.
Mayor Riggs closed the public hearing.
MOVED by Bix, seconded by Anderson, carried, to give a first reading to an
Ordinance entitled:
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CODE
(Residential Zoning Districts)
City Planning Commission
Upon vote being taken by roll call, the following voted in favor of the motion:
Anderson, Bix, Hoover, Moberg, and Riggs; and the following voted against the
same: None.
MOVED by Anderson, seconded by Moberg, carried to give a first reading to an
Ordinance entitled:
ORDINANCE NO. t IO
AN ORDINANCE AMENDING THE ZONING CODE
(Institutional Zoning District
City Planning Commission
Upon vote being taken by roll call, the following voted in favor of the motion:
Anderson, Bix, Hoover, Moberg, and Riggs; and the following voted against the
same: None.
Shelter Development Corporation - Resolution & Plat of PUD #8:
Mayor Riggs stated this item is in regard to construction of Dover Hill which
is 236 Federally subsidized housing to be located on Medicine Lake Road and
Rhode Island Avenue. This development was approved by the City Council in
December, 1972; however, for various reasons, including a shortage of Federal
money and at one point intervening disapproval by HUD, the project did not
come back to our City Council until this time.
Barkley G. Omans, City Manager, stated that the City Staff has reviewed the
requirements the City Council made in reference to this in terms of the plat
and various other items which must be filed and which must be complete for the
resolution. These items have, in general, been filed and completed.
Mr. Garrett Carlson, former President and Chairman of Shelter Development Corp-
oration, gave a brief report on Shelter's financial sponsorship, and stated
that a letter from the bonding company had been delivered to the City Engineer
and City Attorney providing 100% payment in performance bonds naming the City
1-44
Regular Meeting of the Village Council, July 15, 1974
of Golden Valley and State Housing Finance Agency as the insured. Mr. Kahn,
representing the State Housing Finance Anency, stated that through a report
by Dun and Bradstreet, it was found that Shelter Development Corporation was
financially secure.
Member Moberg introduced and read the following written resolution and MOVED
its adoption:
RESOLUTION
(Acceptance of Plan and Approval of
General Plan - Dover Hill - Shelter
Development Corporation -
Planned Unit Development Number Eight)
The motion for the adoption of the foregoing resolution was seconded by Mem-
ber Anderson and upon vote being taken thereon, the following voted in favor
thereof: Anderson, Hoover, Moberg, and Riggs; and the following voted again-
st the same: Bix, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
See Resolutions Book page .310
It was then MOVED by Anderson, seconded by Moberg that the City Council request
that the Building Board of Review at their July 16, 1974 meeting grant at least
a footing permit for the P.U.D. #8 project. The motion carried with Member Bix
voting "NO".
2nd Reading NSP Franchise Metro Authority - Repeal:
MOVED by Hoover, seconded by Moberg, carried, to bring this item before the
Council.
MOVED by Moberg, seconded by Hoover, carried to give second reading to an
Ordinance entitled:
ORDINANCE NO. 4o I
(AN ORDINANCE REPEALING ORDINANCE NO.� 3 �6
RESPECTING AN ELECTRIC DISTRIBUTION SYSTEM AND
PRESCRIBING CERTAIN RATES TO BE CHARGED THEREFOR -
NORTHERN STATES POWER COMPANY)
Sweeney Lake - 69 SS 1:
Mayor Riggs stated that the central issue before Council is whether or not
the City Council should authorize the discharge of storm water on the South
side of the railroad tracks into the swamp. Mayor Riggs also questioned legal
implications involved.
Robert M. Skare, City Attorney, stated that if municipal government does gather
water in an artificial water course and casts it onto private property in such
a way as to be injurious or if jacking the pipe under the railroad tracks head-
ing the water to the South side causes a measurable increase in the amount of
land occupied by water and causes it to overflow its present banks into a
larger area, the City would be liable and the damage must be determined.
145-
Regular
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Regular Meeting of the Village Council, July 15, 1974
The Vice President of the Sweeney Lake Association felt that the current pro-
blem was caused by the City Engineering Department, and if residents can prove
there is damage to their property, the City would have to pay for such damages.
A representative of the Minnesota Pollution Control Agency stated there are
reports stating that storm water is definitely affecting Sweeney Lake.
MOVED by Moberg, seconded by Anderson, carried to request the City Engineer
to seek an easement with the Railroad for 69 -SS -1 as an amendment to the
present easement.
MOVED by Moberg, seconded by Anderson, carried to refer the change of plans
to the Bassett Creek Watershed Commission for approval.
MOVED by Moberg, seconded by Anderson, carried to request a short term report
from the Bassett Creek Watershed Commission on the ecological and flood effects
of emptying water on the South side of the railroad tracks and to make this
report as soon as possible, and make a long range plan subsequently.
At this time a resident of the South end of Sweeney Lake distributed photographs
to the Council members showing the South end of the lake where some sand has
washed in and covered part of that end of Sweeney Lake. It was then discussed
whether or not the Council should send in a dragline to clean the lake. Mayor
Riggs felt that the City would be willing to clean the sand out with a dragline,
but no action was taken by the Council at this time.
Petition - Extra Retaining Walls on Sidewalk Construction - Winnetka Avenue No:
The City Council discussed a petition presented to them for rock retaining walls
to be built in front of residences on the West side of Winnetka Avenue. Lowell
Odland, City Engineer, stated the City generally does build retaining walls
where 2 1/2' to 3' of difference exists between the elevation and sidewalk or
where unusual items or trees are to be contended with. Mr. Odland also stated
that all sidewalk construction on Winnetka Avenue was done under a general City
policy which is to try to keep the slope at 4 - 1.
The City Council discussed the City's general policy on sidewalk construction
and questioned whether a new policy, more definitive and clear, should be set
up or whether the present policy should be used.
Jerome D. Saer, 1025 Winnetka Avenue North, stated that there are areas where
there is a slope of 32" in his yard and felt this was going to cause problems.
Preferred retaining walls. Mary Christenson, 1015 Winnetka Avenue North, stated
that trees should be taken into consideration when building sidewalks.
MOVED by Hoover, seconded by Moberg, carried, that the City Council re -affirm
its policy on sidewalks and that two members of the City Council, to be appoint-
ed by the Mayor, make an on-site inspection of the area involved.
Golden Valley Health Central — regarding Modified Plans:
Robert Van Hauer, representing Golden Valley Health Center, presented modified
plans showing height, parking, elevation, etc., on a 2 1/2 story building ter-
raced on a hill with four levels of parking terracing down the hill also. The
parking ramp is replaced by parking on grade on the North and South sides of
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Regular Meeting of the Village Council, July 15, 1974
proposed building with parking for approximately 350 vehicles. Mr. Van
Hauer stated that the modified plans conform with all building regulations.
Robert M. Skare, City Attorney, stated that this addition would be an ex-
pansion to an existing non -conforming use; therefore, waivers from the Board
of Zoning Appeals would be required in order to build the proposed addition,
or the property could be platted so that each separate building is situated
on an individual lot by itself with access to a road.
Legal agreements, conditions, and terms for the proposed addition were also
discussed at which time the City Attorney stated these items could be in an
agreement much like a Planned Unit Development Permit.
Communications: Request to Install Shut Off Valve - 1440 Louisiana Avenue No.
Mr. Schmalz, 1440 Louisiana Avenue North, was present to request a shut off
valve to be installed at his residence. Mr. Schmalz indicated that there are
seven houses in the immediate area that had valves installed by the City in
1969 however, his home was not built until 1972 and consequently, does not
have a shut off valve installed.
No action was taken by the Council until further information is received on
the future installation of the New Hope Interceptor Sewer.
Environmental Commission - regarding Leaf Pick -UR & Disposal:
MOVED by Moberg, seconded by Anderson to refer the Leaf Pick -Up and Disposal
Report to the City Staff for further comments, recommendations and cost
analysis. The motion carried.
MOVED by Moberg, seconded by Anderson, carried, that the Council send a letter
to the Environmental Commission thanking them for their time and effort involv-
ed in making this report.
Mayor & Council Items: Delegate and Alternate - Association of Metro Munici-
palities: -
Barkley G. Omans, City Manager, asked that a delegate and alternate be appoint-
ed for the Association of Metro Municipalities.
Mayor Riggs will serve as delegate and Member Moberg will serve as alternate to
the Association of Metro Municipalities.
Communications: Application for LAWCON Funds:
Barkley G. Omans, City Manager, stated this item is on the Council agenda to
indicate to the Council members that Golden Valley has re -filed application
that was denied last year.
Communications: David M. Brown - regarding Hwv. 12 Resurfacing:
Member Bix introduced and read the following written resolution and MOVED its
adoption:
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Regular Meeting of the Village Council, July 15, 1974
RESOLUTION
(Requesting State Highway Department Surfacing of T.H. 12)
The motion for the adoption of the foregoing resolution was seconded by
Member Moberg and upon vote being taken thereon the following voted in favor
thereof: Anderson, Hoover, Moberg, Bix, 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 City Clerk.
See Resolutions Book page 311
Communications: BCFCC - regarding. Proposed 1975 Budget:
MOVED by Moberg, seconded by Anderson, carried to receive and file the pro-
posed 1975 Budget for the Bassett Creek Flood Control Commission.
Communications: Planning Commission Report - regarding Open Space:
Ron Edstrom, Chairman of the Planning Commission, gave a brief explanation
of the Planning Commission report and described certain changes and modifi-
cations in the report. Financing, bond issues, and Federal funding for
open space was discussed also.
MOVED by Anderson, seconded by Moberg, carried, to accept and file the Plan-
ning Commission report regarding open space and to thank the Planning Commis-
sion and Open Space Committee for the time and effort involved in this report.
Star of Bethlehem Property - Authorizing Acquisition of Property by Purchase:
Member Moberg introduced and read the following written resolution and MOVED
its adoption:
RESOLUTION
(Authorizing acquisition of certain property
by purchase - Star of Bethlehem property)
The motion for the adoption of the foregoing resolution was seconded by Member
Hoover and upon vote being taken thereon the following 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 City Clerk. See Resolu-
tions Book page 3 % .Z
MOVED by Moberg, seconded by Hoover, carried to approve a $1,000.00 check to
be issued to Star of Bethlehem for good faith payment on the Star of Bethlehem
property.
Communications: Ralph Crews - regarding Bassett Creek Flood Control:
Mr. Crews stated that the City of Minneapolis has sought Federal funding for
exposure of Bassetts Creek, part of which includes funding by the Bassett
Creek Flood Control Commission. The study involved is not mainly a study of
flood control, but pertains mainly to aesthetics.
48
Regular Meeting of the Village Council, July 15, 1974
MOVED by Moberg, seconded by Anderson, carried, that the Mayor notify our
representative, Mr. Crews, to object to the proposed resolution for CFCC
funding at the study.
Communications: re: Paving of Sumter Avenue South:
Barkley G. Omans, Village Manager, distributed copies of a letter from James
T. Hansing of Thiel, Sorenson and Hansing, Attorney representing Mr. Edward
C. Gordon, 820 Sumter Avenue South. The letter, dated July 10, 1974, requests
that the Village Council re -consider its decision of June 17, 1974 regarding
the paving of a block of Sumter Avenue extending from 900 Sumter Avenue to
T.H. #12 and order its paving.
No action was taken on this item and will be on the August 5, 1974 Council
Agenda.
License List:
MOVED by Bix, seconded by Anderson, carried to approve the license list as
follows:
LICENSES FOR APPROVAL July 15, 1974
No.
Licensee
Type
Fee
3075
Siu Shing Tong
Solicit
$10.00
3076
Brookview Golf Course
Cigarettes
6.00
3077
Brookview Golf Course
Vend P
15.00
3078
Brookview Golf Course
Vend NP
10.00
3079
Byerly Foods
Vend NP
2.50
3080
Westwood Hills Service
Cigarettes
6.00
3081
Westwood Hills Service
Vend NP
7.50
3082
Coca Cola Midwest
Vend NP
5.00
3083
IBM - Grace Emmanuel Com.
Center Itinerant Food
Exempt
Award of Bids - 73 LF 3; 74 LF 1,213, & 74 WM ?23:
The City Clerk presented an affidavit of publication in the official newspaper.
Sealed bids were received and the Director of Administrative Services and
Village Engineer, met at the Civic Center at 7800 Golden Valley Road at
11:00 A.M., on July 11, 1974 and publicly opened and read the bids as follows:
NAME OF CONTRACTOR CONTRACT AMOUNT
Nodland Associates, Inc. $228,777.00
Arcon Construction Co. 185.586.75
C. S. McCrossan, Inc. 187,859.00
Northdale Const. Co. 173,997.10
Beatson & Kelly 217,785.80
McGrand/Frovarp 151,439.41
Orvedahl Const. Co. 186,708.65
G. L. Contracting 209,189.15
MOVED by Bix, seconded by Anderson, carried to award the bid to the low bidder,
McGrand/Frovarp, in the amount of $151,439.41.
149 .
Regular Meeting of the Village Council, July 15, 1974
Reimbursement of Funds for Peace Officers Training Board:
MOVED by Anderson, seconded by Hoover, carried, to designate the Public
Safety Director as the agent of record of the Village in making application
for funds for training to the Peace Officers Training Board.
Departmental Item: Attorney Report on I-394 - Legal Procedures:
Robert M. Skare, Village Attorney, discussed legal procedures against I-394
and indicated that the main challenge would be on the environmental impact
basis. The estimated cost to the Village of entering into a lawsuit and
possible means of obtaining funds for such a lawsuit were discussed.
MOVED by Bix, seconded by Hoover, carried, to review this item at the August
5, 1974 City Council meeting.
Platting Waiver - 3900 Glenwood Avenue - J. Conrard:
J. Conrard was present for the request and stated that the house had been
removed from the property and the land had been graded.
MOVED by Moberg, seconded by Hoover, carried, to grant final approval of
the waiver of the Platting Ordinance at 3900 Glenwood Avenue for two lots.
MOVED by Hoover, seconded by Moberg, carried to lift the deferment on assess-
ments for water and sewer and authorize an assessment spread against the new
lot.
Building Department - regarding R. C. Ernst - Dangerous Building:
Barkley G. Omans, Village Manager, had received word that the subject build-
ing had been razed, so no action was called for on this item.
Call Public Hearin - 74 WM 5 - 23rd Avenue North from Ensign Avenue to Kings
-- `� Valley 8/5/74:
MOVED by Bix, seconded by Moberg, carried to set the public hearing date for
August 5, 1974 for 74 WM 5.
Bond Approval - King's Valley - P.U.D. #13:
MOVED by Moberg, seconded by Hoover, carried, to approve the letter of credit
in the amount of $90,000 in lieu of a bond.
Landfill Permit - 7010 Glenwood Avenue - LeRoy Schuller:
MOVED by Anderson, seconded by Hoover, carried, that the Council recommend
approval of the Landfill permit at 7010 Glenwood Avenue, subject to the
following.
1. the granting of an easement on the North 40 feet for the
roadway,
continue next page subjects 2,3,4, and 5
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Regular Meeting of the Village Council, July 15, 1974
2. the fill to be clean fill only,
3. the area to be graded daily,
4. the drainage of the lot to be maintained, and
5. the elevation not to exceed Glenwood Avenue.
Mayor & Council Item: Appointment to Planning Commission & Human Rights
Commission•
After a brief discussion it was decided by the Council members that appoint-
ments to the Planning Commission would not be made until applicants could be
interviewed.
MOVED by Anderson, seconded by Moberg, to appoint Ruth Soderstrom to the
Human Rights Commission.
Minutes - Board of Zoning Appeals - 7/9174:
MOVED by Bix, seconded by Moberg, carried to receive and file the Board of
Zoning Appeals minutes of July 9, 1974.
Bills & Claims:
MOVED by Moberg, seconded by Hoover, carried, to approve the bills as sub-
mitted on the prelist.
Adjourned at 12:45 A. M.
Attest:
*ctlmg Village Clerk
May r
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