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09-07-76 City Council MinutesREGULAR MEETING of the CITY COUNCIL September 7, 1976 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 September 7, 1976 at 6:30 p.m, The following members were present: Anderson, Hoover, Johnson, 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 ofMinutes_�_Au ust 16,_1976 MOVED by Anderson, seconded by Thorsen and carried to approve the minutes of August 16, 1976 as corrected. Apprqya:L of Minutes-Aunust 171976 MOVED by Anderson, seconded by Johnson and carried to approve the minutes of August 17, 1976 as submitted. Approyal of,Verified Accounts MOVED by Thorsen, seconded by Swartz and carried to approve payment of the verified accounts as submitted on the prelist. Approval of Licenses MOVED by Johnson, seconded by Thorsen and carried to approve the issuance of licenses as submitted by the City Clerk. No. Licensee LICENSES FOR APPROVAL _Sept. 7, 1976 Type Fee 4262 Fleet Maintenance, Inc. Vehicle Repair $ 25.00 4263 Golden Valley House Motel 50.00 4264 Upjohn Company Vend NP Exempt 4265 Carousel Porsche -Audi Motor Sales-N&U 250.00 4266 Anderson Cadillac, Inc. Motor Sales-N&U 250.00 The City clerk advised the council of the receipt of an application of an On -Sale Liquor License from Michael Jennings that will be placed on the agenda of September 20, 1976. Safetv Council Minutes -_ July 26. and August 23, 1976 MOVED by Anderson, seconded by Johnson and carried to receive and file the minutes of the Safety Council of July 26 and August 23, 1976. Scott Christiansen, Secretary of the Safety Council appeared before the council to discuss the traffic problem at the intersection of Orkla Drive and Winsdale. 1 1 1 Regular Meeting of the City Council, September 7, 1976 MOVED by Anderson, seconded by Johnson and carried to defer further discus- sion of this matter to the meeting of September 20, 1976 to allow the council to visually survey the intersection. Housing and Community Development Commission Minutes - August 18, 1976 MOVED by Johnson, seconded by Swartz and carried to receive and file the minutes of the Housing and Community Development Commission of August 18, 1976. Planning Commission Minutes - August 23,_1976 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Planning Commission of August 23, 1976. Call Public Hearin - Re -Zone City Property - Rin 'ss Colonial 2nd Addition. MOVED by Anderson, seconded by Thorsen and carried to call a public hearing in the matter of re -zoning of city property located in Ring's Colonial 2nd Addition for November 1, 1976. MOVED by Anderson, seconded by Johnson and carried to request the Planning Commission to give recommendation to the council as to the possible zoning for the Mark Hurd Aerial Photo property before the meeting of October 4, 1976 in order to set a public hearing for November 1, 1976. Call Public Hearing - Easement Vacation -_ 2355 Louisiana Rouser Sales) MOVED by Johnson, seconded by Swartz and carried to call a public hearing in the matter of an easement vacation at 2355 Louisiana for September 20, 1976. Park and Recreation Commission Minutes - AuQust 11 and 26. 1976 MOVED by Swartz, seconded by Thorsen and carried to receive and file the minutes of the Park and Recreation Commission of August 11 and 26, 1976. OpenS_ pace and Trails Committee Minutes August 1.8, 1976 MOVED by Johnson, seconded by Anderson and carried to receive and file the minutes of the Open Space and Trails Committee of August 18, 1976. MOVED by Anderson, seconded by Johnson and carried that the council commun- icate to the Open Space and Trails Committee their intent to make a deter- mination on the status of the Open Space and Trails Committee at the October 20, 1976 council meeting and request that the committee submit there recom- mendations to the council on this matter. MOVED by Johnson, seconded by Anderson and carried to place discussion of adopting a youth committee as a sub -committee to the Human Rights Commission on the agenda of October 20, 1976. MOVED by Johnson, seconded by Anderson and carried to place discussion and review of the charge to be made to the Youth Committee on the agenda of September 20, 1976. Regular Meeting of City Council, September 7, 1976 MOVED by Swartz, seconded by Johnson and carried to request the North Hennepin Post publicize for applications for members of the Ethics Com- mission and Council will contact individuals that might be interested in serving on this commission. 1977jdet Proposals The Council briefly discussed the 1977 Budget Proposals and the City Man- ager submitted additional figures. R.S.L._69 - Plymouth Avenue The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on proposed public improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Engineer briefly backgrounded the residential street lighting project on Plymouth Avenue. The Mayor announced the meeting was open for public hearing on said public improvements and persons present to do so were afforded opportunity to express their views thereon. Mr. Robert Karon, 6950 Ply.outh Avenue North explained the original petition request. Greg Corwin, 1310 Jersey Avenue expressed support for the project. Milt Rosen, 1315 Louisiana Avenue asked the comparison of cost for orna- mental street lighting. The Mayor then closed the public hearing. Member Anderson then introduced the following resolution and MOVED its adoption. RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSI. -69 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, Johnson, 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-_212� b R.S.L. 70 - Aquila Avenue Brentwood Park Area The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on certain public improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Regular ',- cet:ing of the City Council, September 7, 1976 R.S.L. 70 continued The City Engineer briefly explained the residential street lighting project on Aquila Avenue. The Mayor announced the meeting was open for public hearing on said public improvements and persons present to do so were afforded opportunity to express their views thereon. Mr. John Anderson, 2135 Aquila Avenue North stated his support of the project. C. W. Lewcock, 2045 Zealand Avenue North asked what cost would be assessed per lot. The Mayor then closed the public hearing. Member Anderson then introduced the following resolution and MOVED its adop- tion: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL -70 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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_..-..,zl_. R.S.L. 71 - Ring's Colonial 2nd Addition The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said public improvements. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Engineer briefly explained the residential street lighting project in the Ring's Colonial 2nd Addition. The Mayor announced the meeting was open for public hearing on said public improvements and persons present to do so were afforded opportunity to express their views thereon. Mr. Ben Stewart, 7421 Ridgeway Road expressed opposition to the residential street lighting, explaining the problem it would create for his greenhouses. W. J. Crolley, 310 Pennsylvania Avenue stated that he had no opinion either opposed or for the street lighting project but had not been notified in regard to this project. The Mayor then closed the public hearing. Regular Meeting of the City Council, September 7, 1976 Member Swartz then introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL -71 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 h's signature attested by the City Clerk. See Resolution Book page_ � 4 MOVED by Swartz, seconded by Johnson and carried to exclude the park prop- erty to the north of residential street lighting project RSL -71 from the asses- ment area for this project. Plat of Rite's Colonial 3rd Addition Mr. Jon Westlake, representing the Planning Commission appeared before the council to present the findings of the Planning Commission in regard to this plat. Member Anderson then introduced the following resolution and MOVED its adoption: RESOLUTION (Acceptance of Plat -Ring's Colonial 3rd Addition) 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, Johnson, Swartz and Thorsen, and the fol- lowing 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__. Vacation of Portion of Maryland Avenue bein Replatted The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on the proposed street vacation. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor announced the meeting was open for public hearing on the street vacation and persons present to do so were afforded opportunity to express their views thereon. No persons were present to express opposition. Member Swartz then introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Street Vacation in Ring's Colonial Addition) The motion for the adoption of the foregoing resolution was duly seconded by Regular Meeting of the City Council, September 7, 1976 Member Thorsen, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 signa- ture attested by the City Clerk. See Resolution Book page 3l) Replat of Kind aIj The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said replat. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Jon Westlake gave a brief background of the findings of the Planning Com- mission in regard to this replat. The Mayor announced the meeting was open for public hearing on the replat and persons present to do so were afforded opportunity to express their views thereon. No persons were present to express opposition. Member Johnson then introduced and read the following written resolution and MOVED its adoption: RESOLUTION (Acceptance of Plat - Kings Valley 2nd Addition) 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, Johnson, 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___ 31___. P.U.D.#17_-Golden Value Health Center The Mayor briefly summarized the past actions of the council in regard to P.U.D. #17. Due to the absence of Councilmember Swartz at the previous hearing, he explained the material he had reviewed to prepare himself for the decision making process required by the Council. The Mayor then announced that the meeting would be open for hearing any new information to be presented. Mr. Harvey Skaar, 1420 Spring Valley Road presented affidavits and pictures collected by the Sweeney Lake Association. Mr. Howard Blum, 1810 Major Drive asked if the questionable items in regard to the P.U.D. would be resolved this evening. R. E. Middlemist, 901 Ottawa questioned procedure of approval. Steve Fiterman, 960 Adeline Lane asked when trails were incorporated in the P.U.D. plan. Regular Meeting of the City Council, September 7, 1976 The Mayor then closed the public hearing. MOVED by Swartz, seconded by Anderson and carried that the Council resolve "Item A" by retaining the road in the location as proposed by the proponent. Councilmember Johnson voted nay. MOVED by Anderson, seconded by Swartz and carried to require as part of the 10% land dedication the obtaining of fee ownership to that portion north of the marsh and west of the proposed road with right of way access over said property. Councilmember Johnson voted nay. MOVED by Thorsen, seconded by Anderson and carried that the council retain the right of final review of the architectural renderings subsequent to approval of the Building Board of Review. MOVED by Johnson, seconded by Swartz and carried to defer further action on the P.U.D. 417 and refer to the staff to negotiate with Golden Valley Health Center in regard to the 10% land dedication. R.S.L. 72 - Ellis Lane The City Engineer presented the petition signed by 100% of the affected property owners in regard to the Residential Street Lighting Project #72 on Ellis Lane and advised the council that the residents waive.,the right to public hearing on the project. Member Anderson then introduced the following resolution and MOVED its adoption: RESOLUTION WAIVING PUBLIC HEARING AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL -72 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and the fol- lowing 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, 2 3 Resolution on Council Intent for Outlot "A" (Rim's Colonial 2nd Addition) MOVED by Johnson, seconded by Swartz and carried to accept the dedication of Outlot "A" of Ring's Colonial 2nd Addition. Member Swartz then introduced and read the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING AND SPECIFYING TYPE OF PUBLIC USE, GENERAL PARK PURPOSES, OUTLOT "A", RING`tS COLONIAL 2nd ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof.: Anderson, Hoover, Johnson, 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 r2 3 3 " , F7 LJ 1 1 L63 Regular Meeting of the City Council, September 7, 1976 Brookview Golf Course Improvements and Financing The Council briefly reviewed the need to improve the Brookview Golf Course. Member Thorsen introduced the following resolution and MOVED its adoption: RESOLUTION AUTHORIZING TEMPORARY LOAN OF FUNDS 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, Johnson, 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 Z 3� _- Resolution Setting Up Land Purchase Fund The Council briefly reviewed previous discussion on the possibilities of setting up a Land Purchase Fund from land d6dications in regard to approvals of plats. Member Johnson then introduced the following resolution and MOVED its adop- tion RESOLUTION CREATING A PUBLIC LAND FUND 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, Johnson, 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 paged & 3 Local #49 Bargainintatits The City Manager briefly informed the council of the status of bargaining for the Local 449 1977 Wage.°Cofitract. MOVED by Anderson, seconded by Johnson and carried to receive and file the communication from the City Manager in regard to the Local X649 Bargaining Status. Metro Waste Control Commission - Interceptor ?Maintenance Agreement 454 MOVED by Swartz, seconded by Johnson and carried to authorize the Mayor and Manager to sign the amended Interceptor Maintenance Agreement #54 with Metro- politan Waste Control Commission for the 1976 fiscal year. M.T.C. - Re: Bus Shelter - Rhode Island and Golden Valley Road The Council briefly reviewed the letter and design of a bus shelter for the Regular Meeting of. the City Council, September 7, 1976 area of Rhode Island and Golden Valley Road received from the Metropolitan Transit Commission, MOVED by Anderson, seconded by Thorsen and carried that the Manager would continue negotiations with the M.T.C., subject to an agreeable design. Resolution ChanRinR Public Works Project number The City Engineer requested the council to adopt a resolution assigning new project numbers ordered for construction prior to 1976. Member Swartz introduced the following resolution and MOVED its adoption: RESOLUTION ASSIGNING NFT,? PROJECT NUMBERS to PROJECT HERETopoRE nRDFRED FOR CONSTRUCTION - 74SI8 The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declar- ed duly passed and adopted, signed by the Mavor, and his signature attested by the City Clerk. See Resolution Book page Metro Council Agreement Re: Rent Subsidy Program The Council briefly_ reviewed the memo from Administrative Assistant Jeff Sweet in regard to the Metro Council Rent Subsidy Program. ?tOVED by Anderson, seconded by Johnson and carried to authorize the Mavor to sign the agreement between the Metropolitan Council and the City_ of Golden Valley for the Section 8 Housing Assistance Payment Program Contract. Hiyhwayw55 and Winnetka Pedestrian Bride The City Engineer briefly updated the Council in the matter of the Highway 55 and Winnetka Pedestrian Bridge. MOVED by Anderson, seconded by Thorsen and carried to request the Engineer to contact Toltz, King, Duvall, Anderson and Associates to submit a rendering of the ramp approach for the Highway .5.5 Pedestrian Bridge showing a northerly and southerly view of the bridge and place the matter on the agenda when those renderings are submitted. MOVED by Anderson, seconded by Johnson and carried to authorize the extention of the agreement with Toltz, King, Duvall, Anderson and Associates with a maximum of an additional $3,000.00 for services rendered. City of Minneapolis - Re: Construction Agreement (Xerxes Avenue) MOVED by Johnson, seconded by Swartz and carried to authorize the Mavor and Manager sign a cooperative construction agreement for the paving improvements on Xerxes Avenue No., with the City of Minneapolis. Regular Meeting of the City Council, September 7, 1976 amok West Addition Final Plat Approval Member Swartz introduced the following resolution and MOVED its adoption: RESOLUTION (Acceptance of Plat -- Tyrol West Addition) The motion for the adoption of the foregoing resolution was duly seconded by Member Johnson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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.2 3 ,?_ Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION Waive Public Hearing and Order Construction of Certain Public Improvements 76 14M 4 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, Johnson, 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 a 3� Member Anderson introduced the following resolution and MOVED its adoption: RESOLUTION Approving Plans and Specifications and Ordering Manner of Construction 76 1 -Ili 4 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, Johnson, 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 gignature attested by the City Clerk. See Resolution Book page--= -- .-�,• Member Johnson introduced the following resolution and MOVED its adoption: RESOLUTION Waive Public Hearing and Order Construction of Certain PO 11d Improvements 76 SI 8 The motion for the adoption of the foregoing resolution wassduly second- ed by Member Anderson, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Hoover, Johnson, 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 si nature attested by the City Clerk. See Resolution Book page t� . Regular Meeting of the City Council, September 7, 1976 Member Thorsen introduced the following resolution and MOVED its adoption: RESOLUTION Approving Plans and Specifications and Ordering Manner of Construction 76 SI 8 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, Johnson, 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- 941S-. Member Thorsen introduced the following resolution and MOVED its adoption: RESOLUTION Waive Public Hearing and Order Construction of Certain Public Improvements 76 LF 4 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, Johnson, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mavor, and his signature . attested by the City Clerk, See Resolution Book page a 7 Member Swartz introduced the following resolution and MOVED its adoption: RESOLUTION Approving Plans and Specifications and Ordering Manner of Construction 76LF4 The motion for the adoption of the foregoing resolution was duly seconded by Member Anderson, and upon vote being taken thereon, the following memb- ers voted in favor thereof: Anderson, Hoover, Johnson, Swartz and Thorsen, and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mavor, and his signature attested by the City Clerk. See Resolution Book page_ _.._- Set Date for Assessment Hearin and Budget Hearinn MOVED by Anderson, seconded by Johnson and carried to reschedule the regular council meeting set for October 4, 1976 to October 5, 1976 due to the Jewish holiday Yom Kippur and schedule the Assessment Hearing and 1977 Budget Hear- ing for that date. Meet with CrX§tal and New Homme - Re: Medicine Lake Road The Council determined to set aside the date of October 14, 1976 or October 20, 1976 for a meeting with Crystal and New Hope to discuss the widening of Medicine Lake Road. Regular Meeting of the City Council, September 7, 1976 M Anderson -�Re: Chemical Dependency Workshop Councilmember Anderson briefly informed the Council of the activities of. the Chemical Dependencv Workshop. Reschedule Meeting with Police/Community Relations and Civil Service Com- mission The Council determined to set October 12, 1976 to meet with the P61ice/Com- munity Relations Committee at 7:30 p.m., and with the Civil Service Commis- sion at 8:30 p.m. Meetsng with School District #281 ,.._., ........¢ . _ ....... __.�...... Councilmember Johnson informed the council. that she is willing to attend the meeting with School District #281 to represent the council at the meeting scheduled for September 9, 1976. The Council adjourned at 12:00 midnight. Attest: City Cle 1 Mayor