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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. 1 1 11 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. 1 1 1 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 1 Mayo, M