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09-03-91 City Council MinutesRegular Meeting of the City Council September 3, 1991 • Pursuant to due call and notice thereof, a regular meeting of the C, ty Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on September 3, 1991 at 6:30 PM. The following members were present: Bakken, Johnson, Russell, Stockman and Thompson. Also present were: William Joynes, City Manager; Lowell Odland, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval_ of Minutes: Council/Manager Meeting - August 13, 1991 and City Council Meeting - Au ust 6, 1991 MOVED by Stockman, seconded by Johnson and motion carried unanimously to receive and file the Council/Manager minutes of August 13, 1991 as submitted. MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the City Council minutes of August 20, 1991 as submitted. Approval of Agenda MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the agenda of September 3, 1991 as amended: Addition of Departmental Item - Request by Down in the Valley for Inflatable Balloon and Call for Public Hearing Ordinance Amendment - Temporary Retail Sales in Industrial Zoning District - • 10/1/91; and Mayor and Council Item - Outdoor Pool. Approval of Consent Agenda MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize Payment of the bids as submitted. *Licenses MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the issuance of license #13917 to #13918 and #6314. *Solicitor's License - Noble School MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the solicitor's license for Noble School. *Solicitor's License - Sexual Violence Center MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve 16 the solicitor's license for Sexual Violence Center. Regular Meeting of the City Council September 3, 1991 Page 2 0 On Sale and Sunday Sale Liquor License - Spirited Cuisine d/b/a T K. Nick's William Joynes introduced the agenda item. Nick Kozlack, applicant, updated the Council on the plans for the restaurant and answered questions from the Council. MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the on sale and Sunday sale liquor license for Spirited Cuisine d/b/a T. K. Nick's subject to submission of a completed "Certificate of Compliance with the Minnesota Workers' Compensation Law". *Minutes of Board and Commissions MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Brookview Improvement Committee - July 23, 1991 Outdoor Pool Task Force - August 12, 1991 Open Space and Recreation Commission - July 22, 1991 Board of Zoning Appeals - August 13, 1991 Planning Commission - August 26, 1991 *Call for Public Hearin - Preliminary Plat Approval - 7155 Medicine Lake Road 9/24%91 MOVED by Thompson, seconded by Johnson and motion carried unanimously to call for a public hearing to consider approval of the preliminary plat for 7125 and 7155 Medicine Lake Road for September 24, 1991. *Call for Public Hearin - Rezoning to Industrial Zoning District - 7125 Medicine Lake RoaT=--9-/-2-4T9i MOVED by Thompson, seconded by Johnson and motion carried unanimously to call for a public hearing to consider rezoning 7125 Medicine Lake Road from Open Development Zoning District to Industrial Zoning District for September 24, 1991. Informal Public Hearing - First Consideration - Ordinance #72 Gambling Operations The following ordinance was MOVED by Thompson, seconded by Stockman: ORDINANCE #72, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendments Regarding Gambling Operations) William Joynes introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. • Regular Meeting of the City Council September 3, 1991 Page 3 Informal Public Hearing - First Consideration - Ordinance #72 - Gambling Operations - Continued FranK Tomaszewski, Golden Valley VFW, objected to the proposed ordinance, distributed a summary of funds donated in previous years and feels organizations should be able to distribute monies collected to the charities they want. Mike Nelson, Golden Valley VFW, opposed to the new ordinance, stated that other cities have enacted similar ordinances and now are repealing them because of added work load. Jim Gustafson, Golden Valley American Legion Post, stated they donated monies to alot of organziations, asked how those organizations will get donations if the city takes the money and asked how the City will designate who gets the funds. Betty Jeppersen, Golden Valley American Legion Post, stated that organizations that they donate too are already subsidized by tax money and they will have dual taxation. Al Stensrud, Animal Humane Society, opposed, stated they are a charity and does not feel you should take money from one charity and give it to another. Rick Gabrielson, Animal Humane Society, feels they should be exempt from the ordinance. is The Mayor closed the public hearing. MOVED by Stockman, seconded by Russell and motion carried to approve the adopt Ordinance #72, 2nd Series. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - NO MOVED by Stockman, seconded by Russell and motion carried to continue the public hearing to October 15, 1991 and direct staff to prepare a recommendation on the structure of the Golden Valley Foundation. 0 c: • Regular Meeting of the City Council September 3, 1991 Page 4 Public Hearing - First Consideration - Ordinance #73 - Building on Lots The following ordinance was MOVED by Stockman, seconded by Thompson: ORDINANCE #73, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendments Regarding Building on Lots) Allen Barnard introduced the agenda item. 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. MOVED by Stockman, seconded by Thompson and motion carried unanimously to adopt Ordinance #73, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL- YES STOCKMAN - YES THOMPSON - YES Public Hearin - First and Second Consideration - Ordinance #74 - Board of Zoning Appeals Provisions The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #74, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendments Regarding the Board of Zoning Appeals) Allen Barnard and Lowell Odland reviewed the ordinance and answered questions from the Council. 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. MOVED by Stockman, seconded by Thompson and motion carried unanimously to adopt Ordinance #74, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES MOVED by Johnson, seconded by Thompson and motion carried unanimously to suspend the rules and hold first and second consideration of the ordinance. Regular Meeting of the City Council September 3, 1991 Page 5 Public Hearing - First and Second Consideration - Ordinance #74 Board of Zoninq Appeals Provisions - Continued The following ordinance was MOVED by Thompson, seconded by Russell: ORDINANCE #74, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amendments Regarding the Board of Zoning Appeals) 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. MOVED by Thompson, seconded by Russell and motion carried unanimously to adopt Ordinance #74, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES Informal Public Hearing First Consideration - Ordinance #75 Off Sale Liquor Holidy Hours The following ordinance was MOVED by Johnson, seconded by Thompson: • ORDINANCE #75, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE (Amending the Hours and Days of Liquor Sales) William Joynes introduced the agenda item. 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. MOVED by Stockman, seconded by Johnson and motion carried unanimously to adopt Ordinance #75, 2nd Series. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES Public Hearin - First Consideration - Ordinance #76 - Conditional Use Permit 9211 Plymouth Avenue North William Joynes stated the applicant had withdrawn his request for a conditional use permit. MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the request submitted by the applicant to withdraw the conditional use permit for 9211 Plymouth Avenue North. r • • Regular Meeting of the City Council September 3, 1991 Page 6 *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive, file and approve the following requests to serve beer and/or wine at Brookview Park: Larry D'Amico, dated August 19, 1991 to serve wine at the large shelter on September 6, 1991 from 5:00 PM until dusk; and Steve Miorana, dated August 28, 1991 to serve beer at the small shelter on September 6, 1991 from 5:00 PM until dusk. *Authorization to Sign PUD Permit - Amendment #3 - PUD #46 - Calvary Lutheran Church MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for PUD #46, Amendment #3, Calvary Lutheran Church. *Call for Public Hearing - Special Assessments - 10/1/91 MOVED by Thompson, seconded by Johnson and motion carried unanimously to call a public hearing for October 10, 1991 at 7:00 P11 as the date for the special assessment public hearing on the following projects: Street Improvements (89 SI 12, 90 SI 2, 90 SI 4, 90 SI 6 - Mandan, Winsdale, Zealand, Boone and Aquila and Earl Wilson Addition); Watermain (89 WM 1 and 90 WM 1) and Lateral Fund (89 LF 1); delinquent utility bills, weed eradication, tree removal, false alarm violations and miscellaneous delinquent invoices. *License for Private Communication Transmission Line - Minnesota Equal Access Network Services Inc. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 91-77 RESOLUTION GRANTING LICENSE TO INSTALL PRIVATE COMMUNICATION TRANSMISSION LINE FOR MEANS (MINNESOTA EQUAL ACCESS NETWORK SERVICES, INC.) CHICAGO NORTHWESTERN RAILROAD The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell, 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 his signature attested by the City Clerk. Regular Meeting of the City Council September 3, 1991 Page 7 0 *Receipt of Lockup Inspection Report MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the Lockup Inspection Report from the Hennepin County Sheriff, dated July 19, 1991. Receipt of Canada Goose Report William Joynes introduced the agenda item. MOVED by Russell, seconded by Johnson and motion carried unanimously to receive and file the Canada Goose Report, dated August 6, 1991 from the University of Minnesota. Acquisition of 200 Turners Crossroad William Joynes introduced the agenda item. Lowell Odland reviewed the construction schedule. Member Stockman introduced the following resolution and moved its adoption: RESOLUTION 91-78 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL PROPERTY FOR STREET RIGHT-OF-WAY FOR THE WIDENING OF TURNER'S CROSSROAD • 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: Bakken, Johnson, Russell, 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 his signature attested by the City Clerk. Clarence Green, 300 Turners Crossroad, stated he is interested in purchasing the property, asked what the city intends to do with the property, what is the purchase price and how the sale will effect his property. Request by Down in the Valley for Inflatable Balloon William Joynes introduced the agenda item. MOVED by Stockman, seconded by Thompson and motion carried unanimously to approve the request submitted by Down in the Valley to display a inflatable balloon at the store in the Golden Valley Shoppoing Center on September 18-24 and December 11-15, 1991. • • 0 Regular Meeting of the City Council September 3, 1991 Page 8 Call for Public Hearin - Ordinance Amendment - Temporary Retail Sales in Industrial Zoninq District - 10 1/91 William Joynes introduced the agenda item. MOVED by Stockman, seconded by Thompson and motion carried unanimously to call for a public hearing to consider an ordinance amendment to allow temporary retail sales in the industrial zoning district for Ocober 1, 1991. *Quotes - Pumphouse Valve Control Parts MOVED by Thompson, seconded by Johnson and motion carried unanimously to purchase pumphouse valve control parts from the only distributer, Willamette Valve Co. for $1,150.00. *Quotes - Asphalt Crack Sealer Meltinq Kettle MOVED by Thompson, seconded by Johnson and motion carried unanimously to purchase a used Craftco 100 gallon melting kettle and pour pot for $3,500.00. *Bids - 1991 Miscellaneous Utility Construction MOVED by Thompson, seconded by Johnson and motion carried unanimously to award the bid for the 1991 miscellaneous utility construction (91 WM 2, 91 WM 3, 89 SS 2, 91 SI 3 and 92 SI 4) to the lowest responsible bidder, G. L. Contracting for $160,501.66. The bids were as follows: Amount Bid G. L. Contracting $160,501.66 Dave Perkins Contracting 174,787.50 Penn Contracting 177,187.30 Northdale Construction 254,462.85 Announcements of Meetings No action taken. Mayor's Communications No action taken. Outdoor Pool Corrected Bid $174,782.50 William Joynes stated that members of the Outdoor Pool Task Force will attend the September 24, 1991 Council Manager meeting to discuss the pool. Regular Meeting of the City Council September 3, 1991 Page 9 Adjournment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 7:58 PM. ATTEST: •