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08-06-79 City Council Minutes139 REGULAR MEETING QF -THE CITY COUNCIL August 6, 1979 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 in said City on August 6, 1979 at 6:30 P.M. The following members were present: Hoover, Johnson, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet, Attorney, Robert Skare, Engineer, Lowell Odland and Secretary, Sue Ann Oman. Member Anderson was absent. Approval of Minutes of July 16, 1979 MOVED by Stockman, seconded by Thorsen and carried to approve the minutes of July 16, 1979 as submitted. Minutes of July 31, Council/Mgr. Meeting and Joint Planning Commission Meeting MOVED by Thorsen, seconded by Stockman and carried to receive and file the minutes of the July 31, 1979 Council/Manager Meeting and Joint Planning Commission Meeting. Bills and Claims MOVED by Stockman, seconded by Thorsen and carried to approve the payment of the bills as submitted on the check register. Jamse Cradit and Yvonne Cradit, Gary Grossman and Arlene Grossman, Peter Beckman and Ellen Beckman, Ken Carlson and Darlene Carlson, and Ken Yost and Gail Yost vs. City of Golden Valley MOVED by Johnson, seconded by Thorsen and carried to receive the above summons and complaint and authorize the firm of Best & Flanagen to represent City as Co -counsel. Licenses MOVED by Stockman, seconded by Johnson and carried to approve the issuance of the licenses as listed on the license list. Minutes of Boards and Commissions MOVED by Thorsen, seconded by Johnson and carried to receive and file the minutes of the Boards and Commissions meetings as listed on the agenda from E through I. Bassett Creek Flood Control Commission - June 21; Park and Recreation Commission - April 23; Planning Commission - June 24, July 9 and July 23; Board of Zoning Appeals - July 10 Open Space and Recreation Com- mission - July 9 and July 25, 1979• League of Minnesota Cities Identification of Legislative Issues MOVED by Johnson, seconded by Thorsen and carried to defer formal action until August 20, 1979, at which time Staff will also have recommendations for Council review. 140 P Regular Meeting of the City Council - August 6, 1979 Hennepin County - Revocation of Portions of CSAH 16 and 17 Member Thorsen introduced and read the written resolution and moved its adoption: RESOLUTION (Removing portions:of County State Aid Highways #16 and #17 from designation as a County State Aid Highway and removing said portions from jurisdiction within the corporate limits of Golden Valley) 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: Hoover, Johnson, Stockman and Thorsen and the following voted against 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 j33 Raymond J. and Betty Ann Gardner Re REL 96 MOVED by Johnson, seconded by Thorsen and carried to receive and file the letter dated August 2, 1979 from Raymond J. and Betty Ann Gardner regarding RSL 96. Mr. and Mrs. Don Broen Re RSL 96 MOVED by Thorsen, seconded by Stockman and carried to receive and file the letter dated August 6, 1979 from Mr. and Mrs. Don Broen regarding RSL 96. Call Pub-lic Hearing - PUD #24 General Plan Plymouth - September 4. 1979 roval - SE Quadrant of Boone and MOVED by Thorsen, seconded by Johnson and carried to call a public hearing for PUD #24 for September 4, 1979. Call Public Hearing - Street Light at Vale Crest and Bassett Creek Park - September 4 MOVED by Johnson, seconded by Thorsen and carried to defer action on the public hearing on Vale Crest until September 4, 1979. Laurel Ponds Planting Plan Burt Brown, Open Space and Recreation Commission, was present to discuss the recom- mendation of the adoption of the plans proposed by the Enviornmental Collaborative. Gary Edelston, representing the neighbors -of Colonial Meadows, was present to express their concerns. MOVED by Johnson, seconded by Thorsen and carried to approve the recommendation of the Open Space and Recreation Commission regarding the Laurel Avenue plantings. June Budget Report MOVED by Johnson, seconded by Thorsen and carried to receive and file the June Budget Report. 1 L� 1 141 Regular Meeting of the City Council - August 6, 1979 1978 Audit Report MOVED by Stockman, seconded by Johnson and carried to receive and file the 1978 Audit Report and if you have any questions, direct them to Staff by Sept. 1, 1979. Reasibility Study RE 79 SS 8 - Zephyr Place Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS 79 SS 8 The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman and upon vote being taken thereon, the following members voted in favor thereof: Johnson, Stockman and Thorsen and the following voted against the same: Hoover, whereupon said resolution was declared duly passed and adopted, signed.. by the Mayor and his signature attested by the City Clerk. See -Res. Book Page First Reading - Highway #12 Moratorium The City Manager gave a presentation regarding the Highway #12 Moratorium. Mayor Hoover opened the meeting for public input and persons present to do so'wer-e afforded the opportunity to express their views thereon. Pat Tweet, 1510 Ottawa Avenue S., was present to '_aslt questions re the moratorium. Glen Brown, 611 Sumter Ave. S,, was present to as questions re the moratorium Harold Heid, 5400 Circle Downs, was opposed to the moratorium. Ron Levine, Golden Hills Drug, was opposed to the moratorium. Lyle Larson, 830 Rhode Island, was opposed to the moratorium. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Stockman and carried to bring on the table for first reading and ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY ZONING CODE BY PROVIDING A MORATORIUM ON DEVELOPMENT IN THE TRUNK HIGHWAY 12 AREA MOVED by Thorsen, seconded by Stockman to approve the ordinance herein quoted by title on its first. Upon roll call vote the following voted as follows: HOOVER - YES JOHNSON - NO STOCKMAN - YES THORSEN - YES Lack of 2/3 vote, motion fails 142 Regular Meeting of the City Council - August 6, 1979 MOVED by Johnson, seconded by Thorsen and carried to continue this public hearing on September 4, 1979 for further discussion in view of the requirement of a two- thirds vote. Public Hearing - Storm Sewer Improvement District Ordinance The City Manager gave a presentation regarding the improvement district. Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Joe Boisclair, 3390 Scott Ave. No., had questions regarding the improvement district. Max Ostrow, 4901 St. Croix, had questions regarding the improvement district. Ed Silberman, 2325 Brookridge Ave., had questions regarding the improvement district. Roger Stecker, 2675 Scott Ave. N., had questions regarding the improvement district. James Cradit, 2000 Kelly Drive, had questions regarding the improvement district. Mayor Hoover closed the public hearing. MOVED by Thorsen, seconded by Johnson and carried to bring on the table for first reading and ordinance amendment entitled: AN ORDINANCE AMENDING THE CITY CODE (Establishing a Storm Sewer Improvement District) MOVED by Thorsen, seconded by Johnson and carried to approve the ordinance herein quoted by title on its first reading. Upon roll call vote the following voted as follows: HOOVER - YES JOHNSON - YES STOCKMAN - YES THORSEN - YES Public Hearing - RSL 96 Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Max Ostrow, 4901 St. Croix, was present on behalf of the petitioners in favor of RSL 96. Harold Erickson, 5005 St. Croix, was present in Favor of RSL 96. John Loughren, 5010 St. Croix, was in favor of RSL 96. Mayor Hoover closed the public hearing. Member Stockman introdiced and read the written resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 96 Regular Meeting of the City Council - August 6, 1979 The motion for the adoption of the foregoing resulution was duly seconded by Member Johnson and upon'v6te being taken thereon, the following members voted in favor thereof: Hover, Johnson, Stockman 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. Res. Book Page Public Hearing - RSL 97 Mayor Hoover opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. James Kliment, 2160 Zane, was present in favor of RSL 97. Mayor Hoover closed the public hearing. Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS 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: Hover, Johnson, Stockman 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. Res. Book Pg Recreation Activity Account MOVED by Johnson, seconded by Stockman and carried to increase the Recreation Activity Account from $500 to $1,000. Transfer from Public Works Reserve to Overlay Program MOVED by Stockman, seconded by Thorsen and carried to transfer $10,500 to the Overlay Budget from the Public Works Reserve to complete the entire South Tyrol Overlay this year. Agreement Re Bassett Creek Flood Control Project MOVED by Johnson, seconded by Thorsen and carried to authorize the Mayor and Manager to enter into the agreement regarding the Bassett Creek Flood Control Project. H.U.D. Apartment Program MOVED by Thorsen, seconded by Johnson and carried that the proposal to construct a HUD financed apartment complex be referred to the Planning Commission. Resolution RE Solicitation and Receipt of Gifts Member Johnson introduced and read the written resolution and moved its adoption: RESOLUTION (Respecting the Solicitation and Receipt of Gifts) JdJ4 Regular Meeting of the City Council - August 6, 1979 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: Hoover, Johnson, Stockman 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 Res. Book Pg Set Executive Session Re Troyer etal vs Hoover eta] MOVED by Johnson, seconded by Thorsen and carried to set an executive session re- garding Troyer et al vs. Hoover et al for August 1-3, 1979 at 6:00 P.M. subject to the normal standards we have set for executive sessions. Set Revenue Sharing Hearing MOVED by Stockman, seconded by,Johnson and carried to set August 20, 1979 for the revenue sharing hearing. Memo from Mary Anderson - Sen/Comm Center - Highway #55 and Winnetka MOVED by Johnson, seconded by Thorsen and carried to receive and file the memo from Mary Anderson and refer to August 13, 1979 work session for discussion. Questions Re Capital Long Range improvements Report and Additions The following was added to the questions on the Capital Long Range Improvements Report: What dollar minimum amount should be established for a project to be included in the Capital Long Range Improvement Program? Questions to be Discussed at August 13 Council Work Session Re Budget Philosophy The following question was added for the itmes to be discussed: What type of services should be provided from our ad valorem tax? Middle School Land Use Referral to Planning Commission MOVED by Johnson, seconded by Stockman and carried to defer until September 4, 1979. Safety Counci 1 MOVED by Johnson, seconded by Stockman and carried to defer until August 20, 1979 for discussion to --determine a Council decision as far as the role of the Safety Council. and request the Mayor to put his ideas in writing. Adjournment MOVED by Thorsen, seconded by Johnson and carried to j urn 10:10 P.M. ATTEST: SECRETARY ROBERT R. HOOVER, MAYOR i