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06-16-80 City Council MinutesRegular Meeting Of The City Council June 16, 1980 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 at 6:30 P.M. The following members were present: Anderson, Johnson, Mitchell, Stockman and Thorsen. Also present were: City Manager, Jeff Sweet, Attorney, Robert Skare, Engineer, Lowell Odland and Secretary, Terri Schroetke. Approval of Minutes - June 2, 1980 MOVED by Anderson, seconded by Stockman and carried to approve the minutes of June 2, 1980 as amended: Page 100, Resolution Re Schaper Property: Change seconder from Stockman to Anderson. Page 104, Resolution Re 80 LF 4 (Hamman Addition): Change seconder from Anderson to Johnson Page 106, Resolution Re Request to sell Non -intoxicating Malt Liquor: Change Mitchell to Thorsen. Page 106, Resolution Re June 1980 Park & Recreation Month: Change Mitchell to Thorsen. Approval of Consent Agenda MOVED by Johnson, seconded by Mitchell and carried to approve the items listed on the consent agenda, indicated by an asterisk(-). -Bills and Claims MOVED by Johnson, seconded by Mitchell and carried to approve the bills as submitted. *Minutes of Boards and Commissions MOVED by Johnson, seconded by Mitchell and carried to approve the minutes of boards and commissions listed on the agenda as items 1F - 11: 1F - Building Board of Review -.May 20, 1980 1G - Planning Commission - May 19 and June 9, 1980 1H - Housing and Redevelopment Authority - May 13, 1980 11 - Board of Zoning Appeals - June 9, 1980 -Stop Sign Policy MOVED by Johnson, seconded by Mitchell and carried to adopt the stop sign policy as submitted, with the following addition under "Policy" section: "In addition to the above warrants, stop signs may be warranted at inter- sections where designated crosswalks are established for schools or parks and adequate sidewalks or walkways are in place." 106 Regular Meeting of the City Council - June 16, 1980 *Resolution - Designation of Polling Places Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION DESIGNATION OF POLLING PLACES The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Johnson, Mitchell, 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 her signature attested by the Clerk. See Resolution Book Page -Resolution - Diseased Tree Program Guidelines and Income Limits Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ACCEPTANCE OF DISEASED TREE REMOVAL PROGRAM PROCEDURAL GUIDELINES AND INCOME LIMITS The motion for the adoption of the foregoing resolution was seconded by Member Mitchell, and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Johnson, Mitchell, 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 her signature attested by the Clerk. See Resolution Book Page *Call Public Hearing - Bury & Carlson - Rezoning - July 21, 1980 MOVED by Johnson, seconded by Mitchell and carried to call a public hearing on rezoning of Bury & Carlson property at 6008 Wayzata Boulevard from Open Development to Industrial, for July 21, 1980. *.Call Public Hearing - Hennepin County Radio Facility Site - July 21, 1980 MOVED by Johnson, seconded by Mitchell and carried to call a public hearing on the rezoning of the Hennepin County Radio Facility Site at 9300 Naper Street, from Residential to Institutional (1-4) for July 21, 1980. -Appropriation for Purchase of Generator MOVED by Johnson, seconded by Mitchell and carried to authorize the appropriation of $2,000.00 from the Utility Fund Retained Earnings to account number 21-4540-750-82, Capital Outlay for the purchase of a used 15 KV (3-phase) generator from State Surplus Property, to be used for stand-by power for Olson Highway lift station in the event of an emergency. -Quotations MOVED by Johnson, seconded by Mitchell and carried to accept the quote from Patco Co. for the purchase of Main Brooms, in the amount of $1,338.00 and the quote from MacQueen Equipment Co. for the purchase of Sectional Brooms in the amount of $1,932.00. Regular Meeting of the City Council - June 16, 1980 `Quotes for Sweeper Brooms (continued) Quotes received for sweeper brooms as follows: (6) Main Brooms (10cs) Sectional Brooms Patco Co. $1,338.00 $2,268.00 Itasca Equipment Co. 1,500.00 2,440.00 MacQueen Equipment Co. 1,380.00 1,932.00 Hearing on Renewal of Golden V Liquor License City Attorney, Robert Skare, presented the proper procedures and guidelines for conducting the hearing on the application for an off -sale liquor license for Golden V Liquor Store at the location of 8665 Wayzata Boulevard for a new license year commencing July 1, 1980. It was noted that Golden V presently holds an off -sale license at this location. Robert C. Sipkins, attorney for Richard Baker, owner of Golden V, then introduced himself and Mr. Richard Baker and presented the council with an affidavit stating intent to petition the courts to reopen the case of the conviction of Mr. Lawrence Baker, Richard. Baker's son who operates the Golden V Liquor Store along with his father, in which case, Mr. Lawrence Baker was convicted of selling to a minor. Mr. Sipkins then asked some questions about the procedure to be followed during this open public meeting reviewing the matter of whether or not the council would grant Mr. Baker's application for a renewal of the liquor license for the year commencing on July 1, 1980. The Mayor and Mr. Skare then both spoke to the matter of Mr. Sipkins' questions and informed him of the procedure that the council intended to follow. It was restated several times that this is a hearing on an application for a new licensing year commencing on July 1, 1980 and expiring June 30, 1981, inasmuch as the present license will expire on June 30 of this year, and it is not a hearing on any violations of the liquor license ordinance. It was further noted that by law, a subsequent hearing would be required to consider the matter of whether the Golden V license should be suspended or revoked, based upon the above -referenced recent conviction of a liquor law violation, but it was again emphasized that this hearing was not for that purpose and that therefore, questions of "willfulness" were not material in the sense that the ordinance dealing with suspensions and revocations requires the council to consider that question. To begin the proceedings, Mr. James Crawford, Director of Public Safety, presented a report prepared by the Public Safety Department which addressed the areas of geographic location, proximity to other businesses where minors gather, comparative crime rates for this geographic area, historical reputation of the Golden V at its location of 8665 Wayzata Boulevard, and the recent conviction for the violation of selling liquor to a minor which took place at this store. At the conclusion of Mr. Crawford's presentation the Mayor advised Mr. Sipkins that he could present his case and any statements he might wish to make. Mr. Sipkins then pro- ceeded to ask questions of Mr. Baker and following such, made a statement on behalf of Mr. Baker, requesting approval of his application for another off -sale license at 8665 Wayzata Boulevard for the period of July 1, 1980 to June 30, 1981 Mr. Skare then advised the council that they could consider only two basic matters: the suitability of this location for a liquor store and the suitability of the applicant to hold a liquor license at this particular location. As respects the former area, Mr. Skare stated that the council should consider only factual matters and not hearsay or rumor concerning reputation or speculation, and that as respects the suitability of the applicant, his record and the fact of the conviction of selling to a minor in his store would be competent and relevant evidence. 108 Regular Meeting of the City Council - June 16, 1980 Hearing on Renewal of Golden V Liquor License (continued) The council then proceeded to discuss the following matters: the location's accessibiIi to minors, crime in the area of the Golden V Liquor Store, the increase in amount and cost of patrolling done by the Golden Valley Police Department in the area of the Golde Liquor Store, the relative isolation of the location of the store and its affect upon the inconvenience for serving Golden Valley residents, and the recent conviction for a violation of selling to a minor at this location. Several councilmembers expressed their judgment that the problem was more with the location of the store than with the owner - applicant, Mr. Baker, the conviction of Lawrence Baker for a liquor law violation having occurred despite Mr. Richard Baker's statements to the council made over a year ago at the time he applied for the first license, that he would carefully supervise the potential problem of sales to minors. Several councilmembers noted that the considerable presence of minors in the relatively isolated area, as brought out by Mr. Crawford and Mr. Baker, both who stated that many minors came into this store to purchase candy and pop, appeared to be a combination of factors which are at the root of the problem which plagues a liquor store in this particular location. Following the discussion it was: MOVED by Mitchell, seconded by Stockman, to renew the license for Golden V at 8665 Wayzata Boulevard. The voting was as follows: ANDERSON - YES JOHNSON - NO MITCHELL - YES STOCKMAN - NO THORSEN - NO There was a lack of majority vote in favor of the motion and the motion failed; request for renewal in the form of issuance of a new license to commence on expiration of the present license on June 30, 1980, denied. Fisher Bros. - Request for Perishable Food Vehicle License A representative of Fisher Bros. was present to make a request for a perishable food vehicle license to sell frozen seafood in the parking lot of the Carriage House. MOVED by Mitchell, seconded by Stockman to grant a perishable food vehicle license to Fisher Bros. for the days of June 20, 21, and 22 from 9:00 a.m. to 6:00 p.m. on Friday and Saturday, and on Sunday from 10:00 a.m, to 5:00 p.m., providing they comply with the guidelines recommended by Staff. ANDERSON - YES JOHNSON - NO MITCHELL - YES STOCKMAN - NO THORSEN - NO Lack of majority vote, motion fails. Request for perishable food vehicle license denied. MOVED by Mitchell, seconded by Johnson and carried to request that staff prepare, within 90 days, policy on issuance of transient sales licenses. Approval of Licenses MOVED by Stockman, seconded by Anderson and carried to approve the licenses as listed, numbers 6506 - 6514, except #6507, Fisher Bros., Inc. Public Hearing - Amending Zoning Code Re Notice of Variances - First Reading MOVED by Anderson, seconded by Mitchell and carried to withdraw this item from the agenda because of need for further research. Regular Meeting of the City Council - June 16, 1980 Public Hearing - Ornamental Street Lights (RSL 108) Westmore Heights Mayor Thorsen opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. David Johnson, 2145 Brunswick - In favor; he and his wife polled the neighborhood to determine the views of the residents regarding installation of the ornamental lights. Vern Drilling, 6101 Westbrook - Opposed Revecca Ansari, 5900 Westmore Way - Opposed, questioned alternative placement of lights John Stoltzfus, 6050 Westbrook - In favor Joyce Johnson - 2145 Brunswick - In favor Mayor Thorsen closed the public hearing. Member Johnson introduced and read the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 108 The motion for the adoption of the foregoing resolution was seconded by Member Mitchell and upon vote being taken thereon, the following members voted in favor thereof: Anderson, Johnson, Mitchell, 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 her signature attested by the Clerk. See Resolution Book Page Letter From Human Rights Commission Re Proposed Community Center MOVED by Anderson, seconded by Stockman and carried to receive and file the letter from the Human Rights Commission regarding their suggestion that space for human services be considered in the proposed community center. Further discussion on this item to be held when agenda item 6B is taken up (Discussion - Community Center). Summer Sounds at General Mills - July 16, 1980 David Latvaaho, representing General Mills, was present to personally invite the Council and City staff to attend the Summer Sounds Festival at General Mills on July 16, 1980 from 6:30 to 9:30 P.M. MOVED by Johnson, seconded by Mitchell and carried to receive and file the letter from Recreation Superintendent regarding General Mills Summer Sounds. Final Plat Approval - Hamman Addition Member Stockman introduced and read the following resolution and moved its adoption, pending receipt of letter of credit: RESOLUTION ACCEPTANCE OF PLAT - HAMMAN ADDITION Regular Meeting of the City Council - June 16, 1980 Final Plat Approval - Hamman Addition (continued) The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon vote being taken thereon, the following members voted in favor thereon: Anderson, Johnson, Mitchell, 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 her signature attested by the Clerk. See Resolution Book Page Purchase Proposal for Copy Machine for Public Safety Department MOVED by Johnson, seconded by Stockman and carried to approve the purchase of a Sharp 811 copy machine in the amount of $4,660.00 from D.C. Hey Company, Inc., utilizing maintenance option #1, as provided. MOVED by Johnson, seconded by Stockman and carried to authorize the transfer of $3,660.00 from contingency to 01-4551-300-21 and the transfer of $1,000.00 from 01-4390-300-11 to 01-4551-200-21 Discussion - 1981 Budget Procedures Discussion of how to obtain the resident's input regarding the budget. MOVED by Johnson, seconded by Anderson and carried to appoint Councilmembers Mitchell and Stockman to a subcommittee to study proposed concept of community survey for obtaining resident's input. Discussion - Community Center The Council discussed the input Councilmembers Anderson and Johnson received from the League of Women Voters and also the letter the Council received from the Human Rights Commission regarding their suggestions for human services facilities in the proposed community center. MOVED by Anderson, seconded by Stockman and carried to approve Councilmember Johnson and City Manager Sweet meeting to develop procedures for the next step in the Council's decision-making relating to the proposed community center. Announcement of Meetings Tuesday, June 17, 6:30, Gold Room - Storm Sewer Meeting Tuesday, June 17, 7:30, Council Chambers - TH #12 Commission, Planning Commission, City Council and City Manager Re 1-394. Friday, June 20, 3:30, Manager's Office - Mitchell, Stockman and City Manager Re 1-394 and development of community survey. Appointment of 1-394 Committees MOVED by Johnson, seconded by Mitchell and carried to appoint the following 1-394 Impact Study Committee (East): Virginia Levy, Bill Forster, Jody Sehlin, Jim Lande, Jim McLeod, Jim Heidelberg and Charlie Whitaker. MOVED by Stockman, seconded by Mitchell and carried to authorize the Council's 1-394 subcommittee to contact prospective members for the 1-394 Impact Study Committee (West), to report back to the council with their results of persons interested in serving. Regular Meeting of the City Council - June 16, 1980 Adjournment MOVED by Mitchell, seconded by Johnson and carried to adjourn at 10:20 P.M. ATTEST: a - 4J"t-e,4� SECRETARY 1 ROSEMARY THORSEN; MAYOR