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01-15-91 City Council MinutesRegular Meeting of the City Council January 15, 1991 • 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 January 15, 1991 at 6:30 PM. The following members were present: Bakken, Johnson, 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 - January 8, 1991 MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the City Council minutes of January 8, 1991 as submitted. Approval of Agenda MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the agenda of January 15, 1991 as submitted. 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 bills as submitted. KIST Incorporated d/b/a/ Twin City Eatery - On Sale Wine License William Joynes introduced the agenda item. Steve Geolat, Vice President, requested the Council approve their application for the license. MOVED by Thompson, seconded by Bakken and motion carried unanimously to approve the on sale wine license for KIST Incorporated d/b/a Twin City Eatery with the stipulation the Council may reconsider approval of the license pending any information from the criminal history checks on the principals of the corporation. *Taxi Driver Licenses MOVED by Thomspon, seconded by Johnson and motion carried unanimously to approve the taxi driver licenses as recommended by staff. *Solicitor's License - Up & Out of Poverty Now MOVED by Thompson, seconded by Johnson and motion carried unanimously to approve the solicitor's license for Up & Out of Poverty Now. Regular Meeting of the City Council January 15, 1991 Page 2 0 *Minutes of Board and Commissions MOVED by Thompson, seconded by Johnson and motion carried unanimously to receive and file the minutes received as follows: Housing Task Force - January 7, 1991 Outdoor Pol Task Force - December 17, 1990 Planning Commission - December 17, 1990 Continued Informal Public Hearin - First Consideration - Ordinance #47 - Sanitation Requirements for Food and Beverage Establishments The following ordinance was MOVED by Stockman, seconded by Johnson: ORDINANCE #47, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the Minnesota Department of Health Rules for Requirements for Food and Beverage Establishments William Joynes and 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. Upon a voice vote, the vote was as follows: BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES Public Hearing - Second Consideration - Ordinance #53 - Trade Schools and Training Centers in an Industrial Zoning District The following ordinance was MOVED by Thompson, seconded by Johnson: ORDINANCE #53, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 11, Land Use Regulations 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. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES 0 Regular Meeting of the City Council January 15, 1991 Page 3 Public Hearing - Second Consideration - Ordinance #56 - Trade Schools and Training Centers in Commercial Zoning Districts The following ordinance was MOVED by Thompson, seconded by Johnson: ORDINANCE #56, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 11, Land Use Regulations 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. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES STOCKMAN - YES THOMPSON - YES *Petition from Mr. and Mrs. Paul Wheeler Regarding Removal of Do Not Enter Sign on Douglas Avenue and Natchez MOVED by Thompson, seconded by Johnson and motion carried unanimously receive and file the petition, received January 9, 1991, and consider it at the public hearing scheduled for March 5, 1991. *Approval of Final Plat - Bennett Addition Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 91-4 RESOLUTION FOR APPROVAL OF PLAT - BENNETT ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: 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 his signature attested by the City Clerk. *Reset Mileage Reimbursement Rate Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 91-5 RESOLUTION SETTING THE EMPLOYEE MILEAGE REIMBURSEMENT RATE AT 27W PER MILE The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: 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 his signature attested by the City Clerk. Regular Meeting of the City Council January 15, 1991 Page 4 • *Establishment of Fees as Provided in the City Code Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 91-6 RESOLUTION ESTABLISHING FEES AS PROVIDED FOR IN THE CITY CODE The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: 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 his signature attested by the City Clerk. *Quotes - Brookview Clubhouse Awnings MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the purchase of awnings for the clubhouse from the lowest responsible bidder, J. W. Hulme Co. for $13,165.00. The quotes were as follows: J. W. Hulme Co. $13,165.00 Hoigaards 13,229.00 Approval of Letter Regarding Fiscal Disparities Law William Joynes introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimously to approve the draft letter to be sent to the Hennepin County Board of Commissioners and authorize Mayor Bakken to sign the above referenced letter. Announcements of Meetings Mayor Bakken and Council Member Stockman will meet with William Joynes on January 24, 1991 at 7:30 AM to discuss items regarding the Mayoral transition. William Joynes stated he received a call from Perry Schwartz, from the South Tyrol area, requesting a Council Member and/or staff attend a meeting on January 19 to discuss the construction of I-394 and its impact on the neighborhood. Allen Barnard will draft a letter to send to Mr. Schwartz outlining the city's position. The Council by consensus directed the City Manager to send the letter. Mayor's Communications No action taken. Reset Date for Board of Review MOVED by Thompson, seconded by Stockman and motion carried unanimously to reset the annual Board of Review meeting to April 23, 1991 at 7:00 PM in the Council • Chambers. 0 • Regular Meeting of the City Council January 15, 1991 Page 5 a Taza Allen Barnard introduced the agenda item, conducted the adminstrative hearing, and swore in those who would be testifying regarding the item. He also stated that he had received a letter from Ed Driscoll, an attorney representing MGM Liquor Warehouse and is requesting their hearing on the matter be continued because the owner is out of town. MOVED by Johnson, seconded by Thompson and motion carried unanimously to proceed with the administrative hearings for Schuller's Tavern and Queen's Plaza Liquor, Inc. and grant a delay until February 5, 1991 to MGM Liquor Warehouse. Dean Mooney, Director of Public Safety, presented background information regarding the violations. The City Attorney opened the meeting for public input and persons present to do so were afforded the opportunity to present evidence and express their views thereon. John Swanson, Attorney representing Ramez Jacobs, owner Schuller's Tavern, stated the violation was not a willful violation, was their first offense, and that a suspension will harm his business. Steve Krause, Son of Eva Krause who is the owner, stated the violation was not willful, that all their employees participate in the TAMS Program, their family owns four stores and this was their first offense and that it won't happen again. After affording all persons present the opportunity to present evidence and be heard on the matter, the City Attorney closed the administrative hearing and the matter was left for Council consideration. MOVED by Johnson, seconded by Thompson and motion carried unanimously that the Council find the liquor license violation for Schuller's Tavern was not willful, that the off -sale store be closed for five calendar days, said days are to be spread over a two week period of time beginning January 16, 1991 and that further the owner and staff should determine the suspension dates. MOVED by Thomspon, seconded by Johnson and motion carried unanimously that the Council find the liquor license violation for Queen's Plaza Liquor, Inc. was not willful, that the off -sale store be closed for five calendar days, said days are to be spread over a two week period of time beginning January 16, 1991 and the owner and staff should determine the suspension dates. Regular Meeting of the City Council January 15, 1991 Page 6 • Appointment of Mayor Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 91-7 RESOLUTION APPOINTING A MAYOR OF THE CITY OF GOLDEN VALLEY 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, Stockman and Thompson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor Pro Tem and his signature attested by the City Clerk. MOVED by Thompson, seconded by Johnson and motion carried unanimously to declare a that a vacancy exists on the Council. Adjournment MOVED by Thompson, seconded by Johnson and motion carried unanimously to adjourn the meeting at 7:40 PM. • ATTEST: Jd Nall Administroftive Secretary