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06-21-88 CC MinutesRegular fleeting of the City Council June 21, 1988 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 June 21, 1988 at 6:30 PM. The following members were present: Anderson, Bakken, Johnson, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Robert Skare, City Attorney; and Judy Nally, Deputy City Clerk. Approval of Minutes The minutes for the June 14, 1988 meeting will be available at the July 5, 1988 Council Meeting. Approval of Agenda MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the agenda of June 21, 1988 as amended: Addition of Departmental Item: Request by E1 Torito for Inflatable Balloon Approval of Consent Agenda MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the issuance of license #12135 and #5946 to #5948. Liquor License Renewals (On -Sale, Off -Sale, Sunday Sale, Club and Wine) William Joynes reviewed the staff recommendations. MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the renewal of the On -Sale and Sunday Sale liquor license for the Golden Valley Country Club. MOVED by Johnson, seconded by Stockman and motion carried unanimously to authorize the renewal of the On -Sale and Sunday Sale liquor license for Pearl City, Inca d/b/a The Village Wok, conditioned upon receipt by the City of a Certificate of Liquor Liability. . *Taxi Cab Driver's Licenses MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the issuance of taxi driver's licenses as recommended by staff. Regular Meeting of the City Council *f4i nutes of Boards and Commissions June 21, 1988 • MOVED by Johnson, seconded by Thompson and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - June 13, 1988 Black History Month - June 9, 1988 Open Space and Recreation Commission - Play 2, 1988 Board of Zoning Appeals - June 14, 1988 ublic Hearing - First Reading - Ordinance Amendment - Rezoning to Business and rofessional Offices - Vacant Triangular Parcel Adjacent to and East of 6500 lson Memorial Highway MOVED by Thompson, seconded by Johnson and motion carried unanimously to bring on the table for first reading the ordinance amendment herein entitled: AN ORDINANCE AMENDING THE CITY CODE (Rezoning from Open Development Zoning District to Business and Professional Offices Zoning District) Teacher Federations Credit Union - Proponent Lowell Odland introduced the agenda item. Tim Keran, employee representing Teachers Federation Credit Union, was present to answer questions from the Council. Jean Lewis, Planning Commissioner, stated the Commission recommended approval of the rezoning. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ms. floe, 6445 Olson Memorial Highway, asked what type of buffer zone will be built around the site. The Mayor closed the public hearing. MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve on first reading the ordinance amendment herein quoted by title, subject to submittal of a landscape plan to the Building Board of Review. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Informal Public Hearing - Second Reading - Ordinance Amendment - Police Civil Service Commission MOVED by Johnson, seconded by Thompson and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: ©k& -A1 Ale 1 pyo. 7 ,,3 AN ORDINANCE AMENDING THE CITY CODE (RATIFYING THE ESTABLISHMENT OF THE POLICE CIVIL SERVICE COMMISSION) The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. a Regular fleeting of the City Council June 21, 1988 Informal Public Hearing - Second Reading - Ordinance Amendment - Police Civil Service Commission - Continued • MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES TH011PSON - YES Public Hearing - Second Reading - Codification of the City Code - Ordinance No. 1, 2nd Series MOVED by Johnson, seconded by Stockman and motion carried unanimously to bring on the table for second reading the ordinance amendment herein entitled: 02 D 1 A1,q N C& IVO, /, 2 AID 5612 IE 5 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION WITH CERTAIN ADDITIONS AND DELETIONS, OF ALL ORDINANCES OF THE CITY OF GOLDEN VALLEY, MINNESOTA, PURSUANT TO AUTHORITY GRANTED IN MINNESOTA STATUTES, SECTION 415.021, EXCEPT SUCH ORDINANCES AS ARE NUMBERED AND CITED IN THE TEXT OF CHAPTERS 1 THROUGH 12, INCLUSIVE, (COMMONLY REFERRED TO AS REFERENCE LEGISLATION), AND ALSO EXCEPT SUCH ORDINANCES AS ARE DESCRIBED IN THE CATEGORIES LISTED IN CHAPTER 25, (COMMONLY REFERRED TO AS SPECIAL LEGISLATION); ESTABLISHING A NAME FOR SAID CODIFICATION, r1EANS OF CITATION, EFFECTIVE DATE, AND, PROVIDING PENALTIES FOR THE VIOLATION THEREOF William Joynes introduced the agenda item. The Council requested that the recodified version of the City Code be made gender neutral. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Hayor closed the public hearing. MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve on second reading the ordinance amendment herein quoted by title. Upon a roll call vote, the vote was as follows: ANDERSON - YES BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES *May, 1988 - General Fund Budget Report MOVED by Johnson, seconded by Stockman and motion carried unanimously to receive and file the May, 1988 - General Fund Budget Report. *Resolution Ratifying Establishment of the Building Board of Review Member Johnson introduced the following resolution and moved its adoption: ,2ESOz v revw AJO . VO -4,/ RESOLUTION RATIFYING ESTABLISHMENT OF THE BUILDING BOARD OF REVIEW The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page 0 Regular fleeting of the City Council June 21, 1988 *Bids - Laurel Avenue Trail and Plantings i MOVED by Johnson, seconded by Thompson and ration carried unanimously to award the bid for construction of an eight foot wide trail and planting along Laurel Avenue to the lowest responsible bidder, Lino Lakes Nursery for $50,477.00. The quotes were as follows: Lino Lakes Nursery $50,477.00 Ideal Paving 94,908.00 Perkins Contractors 50,899.00 *Quotes - Repair of Aerial Truck MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the repair of the aerial truck by Trucks Parts & Service for an amount not to exceed $3,200.00. Appointment of City Attorney William Joynes recommended that the firm of Best & Flanagan be retained as the City's legal consultant and that Allen Barnard be appointed as the City Attorney. Robert Skare thanked the Council for the opportunity to serve as the City Attorney. The Mayor stated the Council would like to recognize him for his service to the City at a future Council fleeting and to notify her of a date which would be convi eni ent for him. MOVED by Bakken, seconded by Stockman and motion carried unanimously to approve the recommendation of the City Manager to retain Best and Flanagan as the City's legal consultant and appoint Allen Barnard as Golden Valley's City Attorney. Update on Liquor License Violation - Restaurant Ventures One, Inc. Allen Barnard, Attorney, stated he had been served papers from Restaurant Ventures One for a temporary restraining order to prevent the Council from imposing the five day suspension for their liquor license violation. The grounds for the suit state that in our ordinance "shall" does not mean "shall". A Judge will set a hearing to rule on the issue on August 3, 1988. The Judge will issue a order after the hearing, and the suspension could begin after the ruling. William Joynes stated that Restaurant Ventures One has requested that they would like the opportunity to address the Council again on other issues relating to the suspension and the splitting of the liquor license into three establishments. Allen Barnard stated that one license was issued and it includes all three establishments. The Council can hold a hearing if it chooses but they have appeared before the Council on two occasions. The Council discussed the request of an additional hearing and agreed that Restaurant Ventures One has had ample time to bring any issues to the Council's attention on two separate occasions when they appeared before the Council. • William Joynes stated staff will operate under the direction the Council gave at its July 14 meeting unless the Council directs otherwise. A Regular fleeting of the City Council Resolution Establishing Fees as Provided in the City Code June 21, 1988 . William Joynes introduced the agenda item and stated that staff has recommended two changes to the fee schedule: Land Reclamation/Excavation fee be changed to $100.00 and the fee for Fireworks should be $3.00. Jeanne Andre, Administrative Assistant, stated the fees will be renewed on an annual basis and a staff recommendation will be forwarded to the Council each year. • • The Council discussed the liquor license fees and requested staff to investigate the possibility of charging liquor license holders a sliding fee instead of a flat fee and the possibility of adding an additional charge to any license holder where additional costs have been incurred by the City during the year. Member Johnson introduced the following resolution and moved its adoption: /Ve • 918-6Z;?- RESOLUTION 8-rov2RESOLUTION ESTABLISHING FEES AS PROVIDED FOR IN THE CITY CODE The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page *Resolution Authorizing Budget Adjustments for Recycling Program Member Johnson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADJUSTMENTS TO THE 1988 GENERAL FUND BUDGET FOR THE CITY'S RECYCLING PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page *Authorization to Advertise for Bids - Deep Well for Brookview Gold Course MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize staff to advertise for bids for the installation of a deep well at the Brookview Golf Course. *Authorization to Hire Brauer and Associates to Prepare Plans and Specifications for Brookview Park MOVED by Johnson, seconded by Thompson Brauer and Associates to prepare plans pond improvements. and motion carried unanimously to hire and specifications for Brookview Park e Regular Meeting of the City Council June 21, 1988 *RSL 173 - Orchard Avenue - Call for Feasibility Study 40 Member Johnson introduced the following resolution and moved its adoption: ,P',E501-u Ti0 A7 NU • 09-61/ RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT The notion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page . *RSL 173 - Orchard Avenue - Call for Public Hearing - 7/19/88 Member Johnson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED I11PROVEMENTS RLS 173 The notion for the adoption of the foregoing resolution was seconded by F1enber Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page • *Resolution Approving Plans and Specifications and Ordering in Manner of Construction - 88 CW 1 Concrete Walk Member Johnson introduced the following resolution and moved its adoption: re e-<oL Ur/ 0 4/ AA) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION 88 CW 1 The notion for the adoption of the foregoing resolution was seconded by Member Thompson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Bakken, Johnson, Stockman and Thompson; 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 Deputy City Clerk. See Resolution Book Page *Request by Hamilton/KSA to Serve Beer and Wine at Brookview Park MOVED by Johnson, seconded by Thompson and notion carried unanimously to receive and file the request from Hamilton/KSA, dated June 14, 1988, to serve beer and wine on August 28, 1988 from 5:00 PM until dusk. Request by E1 Torito's for Inflatable Balloon William Joynes stated that staff recommended approval of the request. • MOVED by Bakken, seconded by Thompson and notion carried unanimously to approve the request by El Torito's to use a inflatable balloon for a promotional event on June 25, 1988 subject to the balloon not being placed in any right-of-way area or obstruction of corner visibility, nor on the roof of the building. b Regular Fleeting of the City Council June 21, 1988 *Bids - Laurel Avenue Trail and Plantings • MOVED by Johnson, seconded by Thompson and motion carried unanimously to award the bid for construction of an eight foot wide trail and planting along Laurel Avenue to the lowest responsible bidder, Lino Lakes Nursery for $50,477.00. The quotes were as follows: Lino Lakes Nursery $50,477.00 Ideal paving 94,908.00 Perkins Contractors 50,899.00 *Quotes - Repair of Aerial Truck MOVED by Johnson, seconded by Thompson and motion carried unanimously to authorize the repair of the aerial truck by Trucks Parts & Service for an amount not to exceed $3,200.00. Appointment of City Attorney William Joynes recommended that the firm of Best & Flanagan be retained as the City's legal consultant and that Allen Barnard be appointed as the City Attorney. Robert Skare thanked the Council for the opportunity to serve as the City Attorney. The Mayor stated the Council would like to recognize him for his service to the City at a future Council Pleeting and to notify her of a date which would be convienient for him. MOVED by Bakken seconded by Stockman and motion carried unanimously to approve the recommendation of the City Manager to retain Best and Flanagan as the City's legal consultant and appoint Allen Barnard as Golden Valley's City Attorney. Update on Liquor License Violation - Restaurant Ventures One, Inc. Allen Barnard, Attorney, stated he had been served papers from Restaurant Ventures One for a temporary restraining order to prevent the Council from imposing the five day suspension for their liquor license violation. The grounds for the suit state that in our ordinance "shall" does not mean "shall". A Judge will set a hearing to rule on the issue on August 3, 1988. The Judge will issue a order after the hearing, and the suspension could begin after the ruling. William Joynes stated that Restaurant Ventures One has requested that they would like the opportunity to address the Council again on other issues relating to the suspension and the splitting of the liquor license into three establishments. Allen Barnard stated that one license was issued and it includes all three establishments. The Council can hold a hearing if it chooses but they have appeared before the Council on two occasions. The Council discussed the request of an additional hearing and agreed that Restaurant Ventures One has had ample time to bring any issues to the Council's attention on two separate occasions when they appeared before the Council. • William Joynes stated staff will operate under the direction the Council gave at its July 14 meeting unless the Council directs otherwise. Regular fleeting of the City Council Announcements of Meetings No action taken. Mayor's Communications June 21, 1988 The Mayor stated that Golden Valley has been asked to participate in the Mayor's Donkey race at the Hennepin County Fair and asked if any Council Member wished to participate to please contact her. Council Member Stockman and staff will attend the Mayor's Forum on June 28, 1988 at 11:00 All at the Cable TV Studio to discuss the effects of the drought on the City. Informational Meeting on Medicine Lake Road Mayor Anderson will draft a letter which will be sent to the residents informing them of the informational meeting on July 12, outlining the three alternatives and the process. The letter will be given to the Council Members for their review and comments prior to the letter being sent to the residents. The letter will be sent to those residents living along the roadway. Adjournment MOVED by Stockman, seconded by Thompson and motion carried unanimously to adjourn the meeting at 7:49 PM. ATTEST: QUA J d trial ,Deputy C ty Clerk • e i ry E.derson, Mayor