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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 45- 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 1�1,v 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: 1 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 t5o 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 1 1