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07-05-77 City Council MinutesRegular Meeting Of The City Council July 5, 1977 Pursuant to due call and notice thereof, a regular meeting of the Council of the City of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said City on July 5, 1977 at 6:30 p.m. The following members were present: Anderson, Hoover, Swartz and Thorsen. Also present were: City Manager.Barkley G. Omans, City Attorney, Robert M. Skare, City Engineer Lowell Odland and Council Secretary, Kathy Middleton. Councilmember Johnson was absent. Approval of Minutes - June 20, 1977 MOVED by Swartz, seconded by Anderson and carried to approve the minutes of the regular meeting of June 20, 1977 with the following corrections. page 99 Waiver of Platting - 6505 Glenwood Ave. C. Burmeister Statement that there was no one present in audience to express their opinion regarding the waiver. Mr. C. Burmeister was present and in favor. Approval of Verified Accounts (Bills and Claims) MOVED by Thorsen, seconded by Anderson and carried to approve the payment of the verified accounts as submitted on the prelist. Approval of Licenses MOVED by Thorsen, seconded by Anderson and carried to approve the issuance. - of the licenses as submitted on page 634 with the exception of the Unification Church. Steve Schutte, representing the Unification Church, was present to answer any questions the Council would have in regard to the license. MOVED by Swartz, seconded by Thorsen and carried to defer action on issuance of license of Unification Church until July 18, 1977 meeting and to get an opinion from legal staff. Minutes of Board of Zoning Appeals - June 14, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the BZA Meeting of June 14, 1977. Minutes of Police Civil Service Commission Meeting - June 14, 1977 MOVED by Thorsen, seconded by Swartz and carried to receive and file the minutes of the Police Civil Service Commission Meeting of June 14, 1977. Minutes of Building Board of Review Meeting - June 21, 1977 MOVED by Swartz, seconded by Anderson and carried to receive and file the minutes of the Meeting of the Building Board of Review of June 21, 1977. Regular Meeting of the City Council - July 5, 1977 Minutes of Planning Commission Meeting - June 27, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Planning Commission Meeting of June 27, 1977• Minutes of Valley Square Commission Meeting - June 23, 1977 MOVED by Anderson, seconded by Thorsen and carried to receive and file the minutes of the Valley Square Meeting of June 23, 1977. Metro Council Re: Population estimate MOVED by Anderson, seconded by Thorsen and carried to request the Assistant City Manager to write on behalf of the Council asking for explanation and justification on their population estimates. Petition for Curb and Gutter - Orkla Dr. from 24th Ave. to Medicine Lk Rd. - 25th Ave. N. from Bies Dr. to Orkla Dr. PH 8/1/77) Member Swartz introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED PUBLIC IMPROVEMENTS (Curb and Gutter on Orkla Dr. & 25th Ave. N.) 77 -SI -12 The motion for the adoption of the foregoing resolution was duly seconded by Member Thorsen and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen 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 Resolution Book page qJ_. League of Women Voters MOVED by Thorsen, seconded by Anderson and carried to receive and file letter of the League of Women Voters. Open Space Budget Request MOVED by Anderson, seconded by Thorsen and carried to receive and file the letter from the Open Space Commission and refer it to the City Manager. 1 1 1 Regular Meeting of the City Council - July 5, 1977 Resolutions respecting tax forfeited land Member Swartz introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE OF TAX FORFEITED LAND 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, Hoover, Swartz and Thorsen, 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 Resolution Book page q i. Member Swartz introduced the following resolution and moved its adoption: RESOLUTION (Tax forfeit Porperty Sale) The motion for the adoption ofthe foregoing resolution was duly seconded by Member Thorsen and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor andhis signature attested by the City Clerk. See Resolution Book Page �)- 77-SC-2 .77 -SC -2 34th Ave. N. from Regent to Kyle Ave. Mayor Hoover explained the reason for public hearing. Sealcoating is important to maintaining good quality of our roads and that if a new road after 3 or 4 years needs Sealcoating the policy is that the adjacent property owners will be assessed one time only; and the property owners have never been assessed for this road. Richard Murray - 4747 34th Ave. does not object to sealcoating. Mayor Hoover closed the public hearing. Member Anderson introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 77 -SC -2 The motion for the adoption of the foregoing resolution was duly seconded by. Member Swartz and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen, 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 Resolution Book page. R5 1 Regular Meeting of the City Council - July 5, 1977 77 -SC -2 34th Ave. N. from Regent to Kyle Ave. (cont) Member Thorsen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 77 -SC -2 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, Hoover, Swartz and Thorsen, 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 Resolution Book Page q( . Resolution Resetting Public Hearing 77 -SI -11 & RSL 77 - July 18, 1977 MOVED by Swartz, seconded by Thorsen and carried to rescind prior motion made on June 6, 1977 to call public hearing. Member Thorsen introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 77 -SI -11 The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen, 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 Resolution Book page �j . Member Anderson introduced the following resolution and moved tts adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 77 The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen, 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 Resolution Book page -�j . Waiver of Platting Ordinance - Laurel & Turners Crossroad - S.E.F.S.S. MOVED by Anderson, seconded by Thorsen and carried to approve the waiver of platting ordinance on Laurel and Turners Crossroad as shown on the map. I () 6 Regular Meeting of the City Council - July 5, 1977 Waiver of Platting Ordinance - Laurel & Turners Crossroad - S.E.F.S.S.(con't) Parcel A 5500 Laurel Avenue The East 170 feet of the South 1/2 of Lot 8, Meadow Brook Acres, Hennepin County, Minnesota. Parcel B 5570 Laurel Avenue That part of Lot 7 lying South of the North 150 feet thereof together with the South 1/2 of Lot 8, Meadow Brook Acres, excepting therefrom the East 170 feet of the South 1/2 of said Lot 8, all in Meadow Brook Acres, Hennepin County, Minnesota. Waiver of Platting Ordinance - New Hope Nursing Home - Douglas & Medicine Lk. Rd. MOVED by Anderson, seconded by Thorsen and carried to approve the waiver of platting ordinance subject to the garage being removed and to the setback from Medicine Lake Road and Douglas Dr. Mr. & Mrs. Thompson - owners of the.New Hope Nursing Home were present Parcel 1 2551 Douglas Dr. No. That part of the North 191.82 feet which lies East of the West 1157.12 feet of the Northeast 1/4 of the Northeast 1/4 of Section 29, Township 118, Range 21, Hennepin County, Minnesota, except roads. Parcel 11 6325 Medicine Lake Rd. The West 120 feet of the North 191.82 feet of that part of the Northeast 1/4 - of the Northeast 1/4 of Section 29, Township 118, Range 21, Hennepin County, Minnesota, lying East of the West 1037.12 feet thereof, except roads. Parcel 111 2531 Douglas Dr. No. That part of the North 1/2 of the Northeast 1/4 lying East of the West 957.12 feet, South of the North 220.57 feet and North of the South 349.55 feet thereof, also that part of said North 1/2 of the Northeast 1/4 lying South of the North 191.83 feet, East of the West 1037.12 feet and North of the South line of the North 220.57 feet East of the West 1037.12 feet and North of the South line of the North 220.57 feet thereof, except roads. Section 29, Township 118, Range 21, Hennepin County, Minnesota. Motion Correcting Description Platting Waiver 3/21/77 1320 Spring Valley Rd. Councilmember Anderson declared this a potential conflict of interest and removed herself from the table. MOVED by Swartz, seconded by Thorsen and carried to rescind the motion of 3/21/77. MOVED by Swartz, seconded by Thorsen and carried to approve the platting of the waiver with the corrected description of one foot as presented this evening subject to the stipulation that no variances be granted and the proposed house to maintain a minimum of a 15' side yard setback. 1 1 LI Regular Meeting of the City Council - July 5, 1977 Motion Correcting Description Platting Waiver 3/21/77 1320 Spring Valley Rd. (con't) TRACT B 1320 Spring Valley Rd. That part of the following described property which lies southwesterly of a line commencing at a point 275.00 feet north of the south line of Section 18, Township 29 North, Range 24 West, Hennepin County, Minnesota, and 1543.20 feet east of the west line of said Section 18; thence east parallel with the south line of said Section 18 a distance of 308.00 feet; thence southeasterly deflecting to the right 52 degrees 46 minutes 49 seconds , a distance of 30.40 feet; thence northeasterly, deflecting to the left 99 degrees 14 minutes 51 seconds, a distance of 100.00 feet to the point of beginning of the line to be described; thence southeasterly, deflecting to the right 99 degrees 14 minutes 51 seconds, a distance of 35.00 feet; thence southeasterly, deflecting to the right 5 degrees 06 minutes 25 seconds, a distance of 91.13 feet; thence southeasterly deflectina to the left 10 dearees 24 minutes 54 seconds. a distance of 97.50 feet; thence southeaster 18 minutes 29 seconds, to the south line of there terminating. All that part of the Sout Quarter of Section 18, Township 29 North, Ra described as follows: Commencing at a point of said Section 18 and a distance of 1543.20 Section 18: thence East parallel with the so of 308.00 to the actual point of beginning o thence northeasterly deflecting 37 degrees 5 described course a distance of 200.00 feet; to the right 85 degrees 44 minutes from said south line of said Section 18; thence West a 18; to a point a distance of 2059.70 feet e Section; thence northwesterly 345.00 feet, m beginning reserving however, an easement and highway purposes over and across the northwe and benefit of the City of Golden Valley, M inhabitants and the general public; said 30. y, deflecting to the right 5 degrees paid Section 18 and said line least Quarter of the Southwest ige 24 West, Hennepin County, Minnesota, !75.00 feet north of the south line feet east of the west line of said ith line of said Section 18 a distance the tract of land to be described minutes to the left from last :hence southeasterly deflecting last described course to the ong the south line of said section ist of the Southwest corner of said )re or less, to the actual point of right-of-way for street, road and ;terly 30.00 feet thereof for the use nnesota, and allpresent and future )0 feet being measured at a right angle to the northwesterly line of said tract. Also that part of the Southeast Quarter of the Southwest Quarter of Section 18, Township 29 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning at a point 1543.20 feet east of the west line and 275.00 feet north of the south line of said Section 18; thence East parallel with the south line of said Section 18 a distance of 308.00 feet to the actual point of beginning of the tract of land to be described; thency northeasterly deflecting 37 degrees 52 minutes to the left from the last described course a distance of 200.00 feet; thence northwesterly deflecting 94 degrees 16 minutes to the left from the last described course a distance of 30.00 feet; thence southwesterly 200.00 feet to the actual point of beginning, except road. TRACT A 1326 Spring Valley Rd. That part of the following described property which lies northeasterly of a line commencing at a point 275.00 feet north of the south line of Section 18, Township 29 North, Range 24 WEst, Hennepin County, Minnesota and 1543.20 feet east of the west line of said Section 18; thence east parallel with the South line of said Section 18 a distance of 308.00 feet; thence southeasterly; deflecting to the right 52 degrees 46 minutes 49 seconds, a distance of 30.40 feet; thence northeasterly, deflecting to the left 99 degrees 14 minutes 51 108 Regular Meeting of the City Council - July 5, 1977 Motion Correcting Description Platting Waiver 3/21/77 (con't) TRACT A 1326 Spring Valley Rd. (con't) seconds, a distance of 35.00 feet; thence southeasterly deflecting to the right 5 degrees 06 minutes 25 seconds, a distance of 91.13 feet; thence southeasterly, deflecting to the left 10 degrees 24 minutes 54 seconds, a distance of 97.50 feet; thence southeasterly, deflecting to the right 5 degrees 18 minutes 29 seconds, to the south line of said Section 18 and said line there terminating. All that part of the Southeast Quarter of the Southwest Quarter of Section 18, Township 29 North, Range 24 West, Hennepin County, Minnesota described as follows: Commencing at a point 275.00 feet north of the south line of said Section 18 and a distance of 1543.20 feet east of the west line of said Section 18; thence East parallel with the south line of said Section 18 a distance of 308.00 feet to the actual point of beginning of the tract of land to be described; thence northeasterly deflecting 37 degrees 52 minutes to the left from last described course a distance of 200.00 feet; thence southeasterly deflecting to the right 85 degrees 44 minutes, from said last described course to the South line of said Section 18; thence West along the south line of said Section 18; to a point a distance of 2059.70 feet east of the Southwest corner of said Section; thence northwesterly 345.00 feet, more or less, to the actual point of beginning reserving however, an easement and right-of-way for street, road and highway purposes over and across the northwesterly 30.00 feet thereof for the use and benefit of the City of Golden Valley, Minnesota, and all present and future inhabitants and the general public; said 30.00 feet being measured at a right angle to the northwesterly line of said tract. Also, that part of the Southeast Quarter of the Southwest Quarter of Section 18, Township 29 North, Range 24 West, Hennepin County, Minnesota described as follows: Beginning at a point 1543.20 feet east of the west line and 275.00 feet north of the south line of said Section 18; thence East parallel with the south line of said Section 18 a distance of 308.00 feet to the actual point of beginning of the tract of land to be described; thence northeasterly deflecting 37 degrees 52 minutes to the left from the last described course a distance of 200.00 feet; thence northwesterly deflecting 94 degrees 16 minutes to the left from the last described course a distance of 30.00 feet; thence southwesterly 200.00 feet to the actual point of beginning, except road. KUXL Michael Freeman Attorney Re: Radio Tower Replacement - 5650 St. Croix Ave. City Manager gave some background information to the Council Mr. Michael Freeman, Attorney for KUXL outlined what they proposed to do. Also introduced Mr. John Cooley, Station Manager. 1. Removal of existing 305 foot radio tower with guy wires and anchors. 2. Removal of existing above ground cable and supports and existing below ground copper wire system and protective fencing. 3. Install new 305 foot radio tower and guy wires and anchors. 4. Install new below surface transmission cable and below ground copper wires system and protective fencing. 5. Refurbishing existing transmission building and install filter shed at base of tower. 6. Filling and landscaping of grounds and add security fence around tower base. Regular Meeting of City Council - July 5, 1977 KUXL Michael Freeman Attorney Re: Radio Tower Replacement - 5650 St. Croix Ave. (con't) MOVED by Anderson, seconded by Swartz and carried to favor the rebuilding subject to assurances given and refer it back to the Building Board of Review for their review of the site plan and committments. Recommendation Re: Architect S.E.F.S.S. Councilmember Swartz declared this a potential conflict of interest and removed himself from the table. MOVED by Anderson, seconded by Thorsen and carried to defer final action on this until next Council Meeting of July 18, 1977. I.S.D. #275 Re: Administration.Building Rental 5400 Glenwood Ave. Robert Johnson - Golden Valley Schools Superintendent spoke on the continuing concerns of the use of their public building for private lease and uses permitted. MOVED by Anderson, seconded by Swartz and carried to receive and file letter from the L.S.D. #275. Bid Opening 11:00 a.m. June 6th Award Irrigation System Par 3 City Manager presented the bids as were publicly opened at 11:00 a.m. 6/6/77 and recommended the award to Metro Engineering. MOVED by Anderson, seconded by Swartz and carried to award the contract for Irrigation System Par 3 to Metro Engineering in the amount of $35,532.00 as low bidder. Approval of Agreements and purchase of N.E.F.S.S. - Skyline Property MOVED by Thorsen, seconded by Swartz and carried to concurr in the Agreement in Condemnation Proceedings and the Agreement Regarding Charitable Contribution Property as signed by the City Manager. MOVED by Anderson, seconded by Thorsen and carried to transfer $25,000 from Public Land Fund to the Building Fund. MOVED by Swartz seconded by Anderson and carried to authorize that the payments predicating from both agreements be paid from Building Fund. Authorize Transfer of Budget from Contingency to Central Mechanical Services MOVED by Anderson, seconded by Swartz and carried to transfer $475 from Contingency to Central Mechanical Services for mechanic training. Resolution 2nd Year Team Policing Grant Member Thorsen introduced the following resolution and moved its adoption: RESOLUTION (Authorizing the Hennepin County Criminal Justice Coordinating Council to include this project in its FY 1978 Mini -plan) 116 Regular Meeting of the City Council - July 5, 1977 Resolution 2nd Year Team Policing Grant (con't) 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, Hoover, Swartz and Thorsen, 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 Resolutlion Book page Irp . Status Report Re: Dutch Elm Disease John Brenna, Director of Parks and Recreation spoke on Dutch Elm'Program Policy. Introduced the City Foresters, David Hawes and Mike Volpe. MOVED by Anderson, seconded by Thorsen and carried to accept the recommendation of the Park and Recreation Department in regard to priority designating the areas of dutch elm removal and to request an ordinance changes with 1st reading the next meeting of July 18, 1977 and for a 2nd reading the first meeting of August 1977. MOVED by Swartz, seconded by Thorsen and carried to request the Staff to present to the Council at the meeting of July 18, 1977 the designation of exempted areas from diseased tree removal. Participation in 1977 M.H.F.A. Home Grant Program Jeff Sweet, Assistant City Manager made a brief summary of the M.H.F.A. Home Grant Program and requested the Council to pass the Resolution. RESOLUTION (Resolution requesting and authorizing the Metropolitan Council Housing and Redevelopment Authority to Apply for Rehabilitation Grant Funds for Implementation of the Home Improvement Grant Program within the City of Golden Valley.) The motion for the adoption of the foregoing resolution was duly seconded by Member Swartz and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Swartz and Thorsen, 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 Resolution Book page.Q �✓ Resolution Re: Final Plat - Valley Wood - TH 55 & 100 Member Thorsen introduced the written resolution and moved its adoption: RESOLUTION (Acceptance of Plat - Valley Wood) Regular Meeting of the City Council - July 5, 1977 Resolution Re: Final Prat — Valley Wood - TH 55 & 100 (con't) 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, Hoover, Swartz and Thorsen, 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 Resolution Book page MOVED by Thorsen, seconded by Anderson and carried that the Mayor sign the plat only after the bond and payment in lieu of land dedication are furnished. Youth Committee (deferred from June 20, 1977) MOVED by Anderson, seconded by Thorsen and carried that the City Council amended the composition of the proposed Youth Committee as follows: 1. Twelve youth members and 3 adult members. 2. Council prefer two youth appointees from each Junior and Seniro High School 3. Term of appointment by for one year initial City Manager is requested to redraft the Council statement as amended. Community Education Council decided to cancel Legislative Meeting scheduled for July 14, 1977 in order to attend the meeting with the Independent School District #281 on July 14th and to reschedule the Legislative Meeting sometime in late fall. Adjournment: MOVED by Anderson, seconded by Swartz and carried to adjourn the meeting at 10.25 p.m. ATTEST: Council Sderetaryy 1 Robert R. Hoover, Mayor 11? Regular Meeting of July 5, 1977 LICENSES FOR APPROVAL - JULY 5, 1977 NO. LICENSEE TYPE FEE 4799 Colonial Acres Nursing Home, Inc. Food Est. $100.00 4800 Bang Bang Oil Co. 7901 Wayzata Blvd. Vend. P 15.00 4801 Bang Bang Oil Co. 7901 Wayzata Blvd. Vend NP 5.00 4802 Bang Bang Oil Co. 7901 Wayzata Blvd. Filling Sta. 35.00 4803 Bang Bank Oil Co. 7901 Wayzata Blvd. Cig. 6.00 1 1