07-01-74 City Council MinutesREGULAR MEETING
OF THE
VILLAGE COUNCIL
July 1, 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 July 1, 1974 at 7:30 o'clock P.M.
The following members were present: Anderson, Bix, Moberg, Hoover and Riggs;
the following were absent; None.
Present were Village Manager, Barkley G. Omans; Village Attorney, Robert M.
Skare; Assistant Village Engineer, Tom Snetsinger; Acting Village Clerk,
Ingrid Woehning.
Mayor Riggs presented Mr. Fred VanKnonynenburg with the first annual "Creative
Human Rights Efforts Award". Mr. VanKnonynenburg was present to receive the
award.
Board of Review Minutes of June 4, 1974:
MOVED by Anderson seconded by Hoover carried to approve the minutes of
June 4, 1974.
Council Minutes of June 17, 1974:
MOVED by Anderson seconded by Hoover carried to include the minutes of June 17,
1974 in the Council Meeting to be held July 15, 1974.
Public Hearing - Street Vacation, Portion of Busch Street (Cont. from 6-17-74):
Member Anderson introduced the following resolution and MOVED its adoption:
RT; CM TTTTnM
(Vacating a portion of Busch St.)
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: Bix, Hoover and Moberg; and the following voted against the
Anderson, Riggs
the same: None, whereupon said resolution was declared duly passed and adopted
signed by the Mayor, and his signature attested by the Acting Village Clerk.
See Resolutions Book page 3Dq .
Continued Public Hearing - Golden Valley Health Center:
Mayor Riggs gave a brief summary as to what had transpired in the past.
The firm of Mason, Wehrman, Chapman & Associates submitted an area study report.
Also, reports were submitted by the Glenwood Hills Neighborhood Association,
the Ad Hoc Glenwood Hills Advisory Committee, and the Planning Commission.
Regular Meeting of the Village Council, July 1, 1974
Mr. Josiah E. Brill, Attorney representing the Golden Valley Health Center,
reported on the additional costs involved due to the delay in the issuance
of the building permit for the proposed five story Lakeview Medical Building
including a ramp and retail stores.
Mr. Robert Grossman, 1940 Major Drive, in favor of a compromise solution of a
2 1/2 story building used only for professional offices and directly related
medical facilities, and that all retail stores be excluded.
Mr. Leo Mueller, 2150 Indiana Ave. No., stated that the center line of the
four lane proposed road would go through his house.
Mrs. Mary King, 4025 Wasatch Lane, opposed to the construction of the proposed
medical building, ramp and retail stores. She also stated that Mr. Omans
proposed a fire station to be built on the Torah Academy Property.
Mr. Omans stated that he had never proposed a fire station for that site but
had suggested that two citizen's committees be appointed to study the two
areas east of Highway 100.
Mrs. Kathy Hakala, 7500 Western Avenue, representing the trails committee,
asked that the trails and other environmental problems be taken into consideration.
Mr. Edward Kaye, 1840 Major Drive, opposed to the trespassing on Sweeney Lake,
and the parking of cars, boats, etc.
Mr. Edward Fischer, 2110 Indiana Avenue No., opposed to the construction of
the proposed building.
Mr. Howard Blum, 1810 Major Drive, representing the Sweeney Lake association
opposed to the construction of the proposed building, and public use of
Sweeney Lake.
The Mayor closed the public hearing.
MOVED by Anderson seconded by Hoover carried to a^cept the Planning Commission
report and place on file.
General discussion followed with the Council members and Village staff.
MOVED by Bix seconded by Anderson and carried unanimously to deny the appli-
cation of Health Central, Inc., for a building permit to erect a clinic
building and parking ramp adjacent to the Glenwood Hills Hospital for the
following reasons:
1. Section 1.03 of the Golden Valley Zoning Code
requires every building erected to be on a separate
lot or parcel of record and in no case shall there
be more than one principal building on any one
such lot or parcel. The applicant's property
consists of a single parcel of land which has not
been divided or platted.
Regular Meeting of the Village Council, July 1, 1974
2. Section 11.03 of the Golden Valley Zoning Code
provides that no building shall be erected to
exceed two and one-half stories in height in
the Institutional Zoning District. Applicant's
proposed structure exceeds this height limitation.
3. Applicant's proposed structure provides for uses
not permitted under Section 11.02 of the Golden
Valley Zoning Code.
4. Applicant's proposed structure would result in an
expansion of a present non -conforming use of its
property.
5. Applicant's proposed structure would not, in the
judgment of the City Council, be compatible with
or in the best interests of the health, safety
and general welfare of the community.
In discussion the council noted that the present application did not fully
comply with the ordinance. The only way that this particular application
could be considered would be by the applicants obtaining certain waivers
of the platting and zoning requirements from the Board of Zoning Appeals,
and then coming to the council for certain discretionary actions permitted
to the Council. Of the alternatives under which it could give consideration
to the application, the council noted its feeling that there would be more
flexibility available to both the proponent in its development of the subject
site, and to the city in its permitted control of the same, were the proponent
to seek a Planned Unit Development permit for the developments and site.
Communications: Hennepin County, 5 year Construction Program:
Mr. Omans informed the Council of the 5 year construction program being proposed
by Hennepin County.
MOVED by Moberg seconded by Bix carried to submit a motion to Hennepin County
opposing the widening of Golden Valley Road and reminding them of the reiterating
position of Medicine Lake Road. Motion to be sent to Hennepin County Public
Works being passed at the meeting held July 1, 1974.
Communications: Craig Nordhaus - regarding Eagle Scout Program:
Craig Nordhaus requested of the Council to use the southwest corner of Highway
#55 and Winnetka as a money making project for the Eagle Scouts.
Council members questioned the liability involved by the Village.
Mr. Nordhaus stated that they had liability insurance up to $1,000.00
MOVED by Moberg seconded by Hoover carried to grant Craig Nordhaus his request.
Communications: Town Taxi - regarding rate increase:
The manager of Town Taxi was present to request approval of a taxicab fare increase.
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Regular Meeting of the Village Council, July 1, 1974
MOVED by Moberg seconded by Hoover carried to receive and file the increase
to make the Town Taxi rates the same as the rate structure in Minneapolis.
The rate changes the 65 cent flag to a 75 cent flag, and the mileage rate
from 45 cents to 50 cents per mile.
Communications: R. C. Ernst - Appeal from BZA:
Present to speak on behalf of the Board of Zoning Appeals was LeRoy Anderson,
chairman of the Board. Mr. Anderson reviewed the history of the waiver
request from its first appearance in January to its subsequent denial on
May 14, 1974.
Also, present was Mr. Richard Ernst who outlined his reasons for appealing the
Board's denial. The council reminded Mr. Ernst about his promise to remove
the dilapidated house by June 15, 1974.
MOVED by Hoover seconded by Anderson carried to deny the waiver request.
License List:
No.
Licensee
Type
Fee
3065
Schuller's Tavern, Inc.
Juke Box
$ 15.00
3066
Coca Cola Bottling Midwest, Inc.
(5730 Duluth St.)
Vending N.P.
5.00
3067
Continental Contractors
(812 N. Lilac Drive)
Motel
50.00
3068
Lodgings, Inc. (Golden Valley
House)
Vending N.P.
17.50
3069
it if it "
Tavern
350.00
3070
if it" tf
Food Est.
40.00
3071
Uncle John's Pancake House
Food Est.
25.00
3072
it If ifit
Vending N.P.
5.00
3073
Speed's Shell Service
Vending N.P.
5.00
3074
if If itService
Station
45.00
Licenses: Renewal of "On -Sale" and Sunday "On -Sale" and Approval of new
Off Sale" Holiday Motor Hotel - Continental Contractors, Inc.:
Mr. Leo Stern, attorney for Continental Contractors, Inc., was present to
represent the owners of Holiday Motor Hotel. He stated that he now had the
additional information necessary for the approval of the "Off Sale"liquor
license. Mr. Skare said he had checked the financial statement and other
data and found it to be sound.
MOVED by Moberg seconded by Anderson carried to approve the `Off Sale"
Intoxicating Liquor License for Continental Contractors, Inc. Hoover voted
NO.
MOVED by Moberg, seconded by Anderson, carried to approve the "On Sale"
Intoxicating Liquor License for Continental Contractors, Inc. Hoover
voted NO.
MOVED by Moberg seconded by Anderson carried to approve the Sunday "On Sale"
Intoxicating Liquor License for Continental Contractors, Inc.
Hoover voted NO.
115
Regular Meeting of the Village Council, July 1, 1974
Licenses: Approval of "On -Sale" and Sunday "On -Sale" Golden Valley House:
Mr. Paul Klaverkamp, attorney for the Golden Valley House, spoke in behalf of
his client requesting approval of the two liquor licenses.
MOVED by Moberg seconded by Anderson carried to grant approval of the "On -Sale"
Intoxicating Liquor License for Golden Valley House.
MOVED by Moberg seconded by Anderson carried to grant approval of the Sunday
"On -Sale" Intoxicating Liquor License for Golden Valley House.
MOVED by Anderson seconded by Moberg carried unanimously to approve the
remaining license list.
Housing and Redevelopment:
Mona Moede spoke in behalf of the Human Rights Commission. The Human Rights
report on Housing and Redevelopment was accepted.
MOVED by Anderson seconded by Moberg carried to set up a meeting with Trudy McFall,
Housing Program Director of Metro Council and Mike Auger, of Minnesota State
Planning to discuss Housing and Redevelopment.
Sandbure School. Area Problems:
Mr. Gorski, Public Safety Director, stated he met with residents in the area,
in regards to hazardous conditions existing with the flying of airplanes on the
school property. Mr. Gorski mentioned that the School Board had given them
permission to fly the planes.
One resident stated that he had been presented with a claim in the amount of
$152.00 for damages to a plane.
Mr. Gorski recommended that a new ordinance be drafted.
MOVED by Anderson seconded by Moberg carried to have Mr. Skare draw up a new
ordinance.
MOVED by Moberg seconded by Hoover carried to appoint Mary Anderson to meet
with the School Board and discuss this situation with them.
Waiver of Platting: 7501 Western Avenue:
Council members, Bix and Anderson abstained from any discussion on this item.
Mr. Jon Westlake, Supt. of Building and Zoning, reviewed the recommendation of
the Planning Commission.
The request is for the Waiver of the Platting Ordinance for the following property:
7501 Western Avenue:
Legal description reads as follows:
I.3 6
Regular Meeting of the Village Council, July 1, 1974
That part of the Northwest 1/4 of the Northwest 1/4 of
Section 5, Township 117, Range 21, lying Northeasterly of
Ewald Terrace and lying West and Southwesterly of Ewald
Manor and lying Northwesterly of the following described
line: Commencing at the most Westerly corner of the above
described property; thence Southeasterly along the South-
westerly line thereof 175 feet to the point of beginning
of the line to be herein described; thence Northeasterly to
a point on the East line of the above described property
130 feet South from the Northeast corner thereof. Subject
to the rights of the public over the North 40 feet thereof
for Western Avenue.
MOVED by Moberg seconded by Hoover carried to approve the waiver of platting
ordinance on the above referenced property.
Waiver of Platting: 1114 Zane Avenue:
Mr. Jon Westlake stated that the Planning Commission voted unanimously in
favor of granting the waiver of platting.
Ms Ann Wilson, resident of the area, wanted to be assured that the 60 foot
buffer still existed. The request is for the Waiver of the Platting
Ordinance for the following property:
1114 Zane Avenue No.:
Legal description reads as follows:
PARCEL I Combine
Lots 7 and 8 and the Southerly 35 feet of Lot 6, including
that part of the southwesterly 60 feet of Lots 2 and 12,
Block 1, Lindsay's Second Addition lying southeasterly of
the northeasterly extension of the northwesterly line of the
southeasterly 35 feet of Lot 6 in said Block 1 and lying
northwesterly of the northeasterly extension of the north-
westerly line of Lot 9 in said Block 1.
PARCEL II - Combine
That part of Lots 1 and 2 lying Southeasterly of the North-
easterly extension of the Northwesterly line of the South-
easterly 35 feet of Lot 6; Lot 9 except the Southeasterly
25 feet thereof; Lots 12 and 13, all in Block 1, LINDSAY"S
SECOND ADDITION excepting therefrom that part of the
Southwesterly 60 feet of Lots 2 and 12, Block 1, LINDSAY"S
SECOND ADDITION, lying Southeasterly of the Northeasterly
extension of the Northwesterly line of the Southeasterly
35 feet of Lot 6 in said Block 1 and lying Northwesterly
of the Northeasterly extension of the Northwesterly line
of Lot 9 in said Block 1.
MOVED by Anderson seconded by Hoover carried to grant the waiver of platting
ordinance on the above referenced property subject to the conditions set
forth in the Planning Commission report.
Regular Meeting of the Village Council, July 1, 1974
H_ Shway 55 & Winnetka - Public Works Property Use - Councilman Bix:
Mr. Bix gave a summary of the problems existing at the intersection of Winnetka
and Highway #55 which is owned and used by the Village to dispose of refuse and
storing materials used by the street department, etc. Mr. Omans stated that
some improvements had been made in building a berm.
Mrs. Carol Israel, a resident living across the street from this site, stated
that the dust and dirt created by trucks traveling South on Winnetka to
dispose of the debris is unbearable.
Mr. Israel said he had contacted two real estate firms and they informed him
that his valuation would be decreased by about $5,000 due to the conditions.
Mrs. Deters, 7710 Harold Avenue commented that the site looked like a "City Dump".
Mr. Henry Nelson, 440 Winnetka Avenue No., stated that something should be done
to clean up the site.
Mayor Riggs suggested that we authorize one of the Commissions to check on some
alternatives, such as, finding another site.
Mr. Omans mentioned that it would eliminate the problem if Curb & Gutter, and
resurfacing were done. He also stated that there would be an assessment for
the improvements. He also commented that a trail is planned on the West side
of Winnetka.
MOVED by Anderson seconded by Hoover carried to request the County to prepare
plans for constructing curb and gutter and resurfacing. After receiving the
plans, a public hearing would be held at a later date.
MOVED by Anderson seconded by Moberg carried to authorize the Planning Commission
to make a study of another site and report to the Council.
MOVED by Hoover seconded by Moberg carried to authorize the installation of a
fence and gate.
LEA Grant Applications - Crime Prevention Unit - Team Policing:
MOVED by Anderson seconded by Moberg carried to give the item to the staff for
research on costs of validation and affirmative action program requirements by
October 1, 1974.
Fill Permit - Health Centrales Inc.:
Mr. Jon Westlake gave a report as to what had taken place in the past.
MOVED by Moberg seconded by Hoover carried to issue the fill permit to
Health Central, Inc. for one year, subject to the permit carrying the con-
ditions listed by the Sanitarian.
Village Manager's ,Item:_ Fire Department Ordinance:
Mr. Omans stated the Fire Department Ordinance should be rewritten.
W
Regular Meeting of the Village Council, July 1, 1974
MOVED by Hoover seconded by Moberg carried to direct the City Attorney to
draft a new ordinance.
MOVED by Hoover seconded by Moberg carried to transfer the following funds:
TO: General Fund Programs. . . . . . . . . . . . $17,040
FROM: Added Revenue - State Employment Aid . . . . . . $ 4,500 Adj. Rev.
Youth Employment Contingency . . . . . . . . . . 4,800
General Contingency . . . . . . . . . . . . . 3,470
Salary Contingency (Balance). . . . . . . . . 4,270
$17,040
TO: Utility Fund Programs. . . . . . . . . . . . $ 3,400
FROM: Utility Surplus . . . . . . . . . . . . . . . . $ 2,950
Added Revenue - State Employment Aid. . . . . . 450
$ 3,400
TO: Brookview Fund Programs. . . . . . . . . . . $ 2,540
FROM: Brookview Surplus . . . . . . . . . . . . . . . $1,190
Added Revenue - State Employment Aid. . . . . . 1,350
$2,540
Request Public Hearing - RSL 56 - Oak Grove Circle: (8-5-74)
Member Moberg introduced the following resolution and MOVED its adoption:
RESOLUTION PROVIDING FDR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 56
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, 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 Clerk. Sze QMY 30<
Request Public Hearing - RSL 57 - Toledo & Angelo (8-5-74):
Member Anderson introduced the following resolution and MOVED its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 57
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 Clerk. Sec QG-o\v�— i3,ok 30_.
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Regular Meeting of the Village Council, July 1, 1974
Bills:
MOVED by Moberg seconded by Hoover carried to pay all bills as entered on the
prelist.
MOVED by Anderson seconded by Moberg carried to adjourn the meeting at 2:00 A.M.
to convene Monday, July 8, 1974 at 8:00 P.M.
Attest:
AetArag Village Clerk
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Mayo