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11-17-75 City Council MinutesREGULAR MEETING of the CITY COUNCIL November 17, 1975 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road, Golden Valley, Minnesota on November 17, 1975 at 7:30 p.m. The following members were present: Anderson, Bix, Hoover, Swartz and Thorsen. Also present were City Manager Barkley G. Omans, City Attorney Robert M. Skare, City Engineer Lowell E. Odland and City Clerk Mary H. Marske. Approval of Minutes of November 10, 1975: MOVED by Swartz, seconded by Anderson and carried to approve the minutes of the special meeting of November 10, 1975 as corrected. Approval of Minutes of Canvassing Board, November 10. 1975: MOVED by Anderson, seconded by Swartz and carried to approve the minutes of the Canvassing Board as submitted. Approval of Minutes of November 3, 1975: MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of the meeting of November 3, 1975 as corrected. Bicentennial Rededication Pledge: The Mayor introduced a pledge of rededication as submitted by Mrs. Silberman of the Bicentennial Committee and invited those present to join him in sign- ing the document which will be transported to Washington D.C., via a prairie schooner to arrive in the capital on July 4, 1976. Human Rights Commission - Zion State Resolution: Mr. Ron Haskvitz of the Human Rights Commission was present to request the adoption of a resolution regarding the United Nations General Assembly and its adoption of a resolution involving Zionism. Upon certain amendments being made Member Bix introduced and read the follow- ing resolution and MOVED its adoption: RESOLUTION (Denouncing Resolution Passed by United Nations General Assembly) The motion for the adoption of the foregoing resolution was seconded by Member Anderson and upon vote being taken thereon, the following voted in favor there- of: Anderson, Bix, 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___L).3. . Regular Meeting of the City Council, November 17, 1975 Street and Alley Vacation - Meadow Lane North of Hwy. 33: The City Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on vacation of certain alleys and streets. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced that the meeting was open for public hearing on said vacations and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections. Member Anderson introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Street & Alley Vacation within the Plat of Glenwood) The motion for the adoption of the foregoing resolution was seconded by Member Thorsen, and upon vote being taken thereon the following voted in favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen, and the follow- ing 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 123-_„_. R.S.L. 064 - Street Lighting, - Part of Spring Green South Subd. The City Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on residential street lighting. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced that the meeting was open for public hearing on said residential street lighting and all persons present to do so were afforded opportunity to express their views thereon. Those presenting objections were: Roger Severson, 5221 Circle Downs; Kent Larson, 5230 Circle Down; Mike Berg, 4910 Circle Down and Leonard Kronfeld, 5200 Circle Down. The Mayor then closed the public hearing. MOVED by Thorsen, seconded by Swartz and carried to defer this matter to December 1, 1975 and ask proponents of the petition to attend and those opposed to prepare an opposing petition and that maps be circulated to affected persons. Plat Acceptance-- Rings Colonial 2nd Addn. - S. of Lions Park: Mrs. Peggy Specktor representing the Planning Commission was present to inform the council of the Planning Commissions action on this matter. The mayor then announced that the meeting was open for public hearing on Regular Meeting of the City Council, November 17, 1975 the residential plat and all persons present to do so were afforded oppor- tunity to express their views thereon. Mr. Dick Knutson was present representing the Centurion Company, the devel- oper, to describe the problems of drainage encountered in developing the plat. Paul St. Marie, chairman of the Open Space Committee explained that the committee had reviewed only a partial plat and had not reviewed the new plan in detail. Ray Peterson, chairman of the Park & Recreation Commission explained the concerns regarding access and parking along Western Avenue and the trail corridor to be provided. Don Stewart, owner of the nursery near the plat, expressed concern about the opening of Western Avenue inasmuch as it would involve condemnation of his property and take a portion of a greenhouse. Ben Stewart voiced concern for the drainage of the area and the advisability of building homes in consideration of the soil in the area. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Thorsen and carried to give preliminary approval of the plat subject to the requirements made by the Planning Commission establishing a minimum of an 80 foot easement for trail and to straighten out the rear lot lines abutting the trail on Lots 1-5, Block 2 of the plat, and additional requirements of the staff and the platting ordinance. Also subject to the City being reasonably able to acquire the ponding area necessary to make the drainage adequate and functionable and subject to the City being able to negotiate or acquire the land necessary to put in Western Avenue. Informal Hearing - Hwy. 55 Pedestrian Bridge: Mr. Daryl Berkowitz of Toltz, King, Duvall and Anderson presented renderings showing three alternates for construction of a pedestrian bridge over Highway 55. Representatives of the Valley Square Task Force, Park & Recreation Commission and the Safety Council, in addition to several residents and area business- men expressed viewpoints both in favor and against the construction of the bridge. The Mayor then closed the public hearing. MOVED by Anderson, seconded by Swartz and carried to rescind the action of the Council at the November 3, 1975 meeting to call a public hearing for December ]5, 1975 and set the public hearing for January 5, 1976 to con- sider construction of Alternate 1 and 2 as presented by Mr. Berkowitz. P.U.D. #1 - Amendment - Bassett Creek Plaza - Benson Orth: Councilmember Swartz requested permission to leave the table during discussion of this item in regard to his possible conflict of interest. Regular Meeting of the City Council, November 17, 1975 Owen Nelson, representing Benson Orth and Bassett Creek Plaza, was present requesting clarification of the P.U.D. in regard to the placement of a hair stylist in the complex and what other uses would be allowed. Mrs. Peggy Specktor of the Planning Commission advised the Council of the Planning Commission findings in regard to the hair stylist. Mr. Ray Stockman explained that the original intent of a P.U.D. was to provide flexibility in development. Several other persons were heard in regard to the use of the area requested for a hair stylist. The Mayor then closed the public hearing. MOVED by Thorsen, seconded by Anderson and carried to deny the request of the Bassett Creek Office Plaza for an amendment allowing 15% of the main floor area to be used for additional uses other than office space. The Council took no action to either approve or deny the request for a hair stylist in the Bassett Creek Office Plaza. Twin City Stroke Club - Traffic Signal - Golden Valley Road: The Council again considered the need for a traffic signal on Golden Valley Road near Golden Valley Health Center. MOVED by Anderson, seconded by Thorsen and carried to request that the staff investigate what the situation is in regard to the County and the hospital in regard to cost sharing on installation of a traffic signal and to set an informal public hearing on January 19, 1976 and the Glenwood Hills Homeowners Association, Golden Valley Health Center, Courage Center, Minneapolis Clinic and the Safety Council be notified. Also to request the Safety Council to study the situation and report on past and current proposals before the notice is published or sent. Wine Licensing Report: The City Attorney reported on statute requirements for issuance of wine licenses. MOVED by Anderson, seconded by Swartz and carried to instruct the attorney to draft a wine licensing ordinance. Waiver of Platting - Anderson - Lilac Drive North: Mr. Erling Anderson requested the division and combination of his three lots on Lilac Drive. MOVED by Anderson, seconded by Thorsen and carried to approve the division and combination subject to the recommendation of the Planning Commission that the parcels not be subdivided further in any way and the following legal descriptions be assigned to the two lots: C Z� Regular Meeting of the City Council, November 17, 1975 1605 N. Lilac Drive: That part of Government Lot 4, Section 28, Township 118, Range 21, Hennepin County, Minnesota described as follows: Beginning at a point in the East line of said Lot, 142.0 feet South of the Northeast corner thereof: Thence South along said East line 90.35 feet; thence West at right angles to said East line 260 Feet; thence North parallel with said East line 90.35 feet; thence East 260 feet to point of beginning. Subject to an easement for drainage, utility and sewer over the East 15 feet of the West 22.5 feet thereof as created in Book 2382 of Deeds, page 392 and subject to public road. 1637 N. Lilac Drive: That part of Government Lot 4, Section 28, Township 118, Range 21, described as follows: Commencing at a point in the East line of said Lot 4 distant 142 feet South of the Northeast corner thereof; thence North along said East line a distance of 142 feet; thence West along the North line thereof 247 feet; thence South parallel with the East line of Auditor's Subdivision Number 346, Hennepin County, Minnesota a distance of 72 feet; thence Westerly along a line which if extended would intersect the East line of said Auditor's Subdivision at a point 140 feet South of the Northeast corner thereof; a distance of 11.8 feet to a point 260 feet West of the Fast line of said Lot 4; thence South on a line parallel with the East line of said Lot 4 to its intersection, with a line drawn perpendicular to said East line from the point of commencing; thence East to the point of commencement. Subject to public road over the East 33 feet thereof. Also subject to easements of record. Waiver of Platting -,,Kings Valley - English Circle: The Centurion Company requested the adjustment of the lot line of Lots 1 and 2, Block 1, Kings Valley (2316 & 2318 English Circle). MOVED by Thorsen, seconded by Anderson and carried to approve the lot line adjustment subject to the recommendation of the Planning Commission and the following legal descriptions be assigned to the two lots: 2316 English Circle: Lot 1, Block 1, and that part of Lot 2, Block 1, Kings Valley according to the recorded plat thereof; lying westerly of the southerly extension of the most easterly line of said Lot 1. 2318 English Circle: Lot 2, Block 1, Kings Valley according to the recorded plat thereof, except that part lying westerly of the southerly extension of the most easterly line of Lot 1, Block 1 said Kings Valley. Waiver of Platting - Conrard - Glenwood Avenue: Jerome Conrard requested an adjustment of the lot line for 3900 and 3906 Glenwood Avenue. MOVED by Anderson, seconded by Swartz and carried to approve the waiver of platting as recommended by the Planning Commission and the following legal descriptions be assigned to the two lots: 1 Regular Meeting of the City Council, November 17, 1975 3900 Glenwood Avenue: The North 156 feet of that part of the East 2 acres of the South 3 acres of the East 1/2 of the South 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4, Section 19, Township 29 North, Range 24 West of the 4th Principal Meridian, except the West 110 feet North to South of the above described premises. Together with an easement for ingress and egress over the East 30 feet of the East 2 acres of the South 3 acres of the East 1/2 of the South 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4, Section 19, Township 29 North, Range 24 West of the 4th Principal Meridian, except the West 110 feet North to South of the above described premises and except the North 135 feet thereof. 3906 Glenwood Avenue: The East 2 acres of the South 3 acres of the East 1/2 of the South 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4, Section 19, Township 29 North, Range 24 West of the 4th Principal Meridian, except the West 110 feet North to South of the above described premises and except the North 156 feet thereof. Excepting an easement for ingress and egress over the East 30 feet thereof. Drag Line Sale - Bid Opening - 11/12/75: The City Manager submitted the list of bids received on the drag line as advertised for sale to the high bidder. 0 Cd a 0 U b 0 0 1+ Cd x MOVED by Anderson, seconded by Swartz and carried to authorize the sale 0 of the drag line to the high bidder, Ted Tronson for $3,650.00. Storm Sewer Agreement - Mpls Industrial Railroad Co. - Resolution: 0 A request for installation of a storm sewer manhole was received from the Minnit Member Thorsen introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Authorizing Agreement with Minneapolis Industrial Railway Company Relating to Storm Sewer and Manhole Area of 10th Avenue North and Boone Avenue) The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson and upon vote being taken thereon the following voted in favor thereof: Anderson, Bix, Hoover, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted and signed by the Mayor and his signature attested by the City Clerk. See Resolution Book page ltz-` . Interstate Study Committee - Review of Report: The Council determined to meet on December 3, 1975 to discuss and review the Interstate Study Committee actions. 22 Regular Meeting of the City Council, November 17, 1975 MOVED by Anderson, seconded by Thorsen and carried to adjourn at 1:00 a.m. to reconvene November 18, 1975 at 7:30 p.m. to complete action on the agenda items of November 17, 1975. Councilmember Bix voted nay. The Council adjourned at 1:00 a.m. Attest: OUTI MR I �16140 i mayor 1 1