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09-01-92 City Council Minutes• 0 Regular Meeting of the City Council September 1, 1992 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 September 1, 1992 at 6:30 PM. The following members were present: Bakken, Johnson, Russell, Stockman and Thompson. Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meeting August 4, 1992 MOVED by Johnson, seconded by Thompson and motion carried -unanimously to receive and file the City Council minutes of August 4, 1992 as submitted. Approval of Agenda MOVED by Thompson, seconded by Russell and motion carried unanimously to approve the agenda of September 1, 1992 as submitted. Approval of Consent Agenda MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize Payment of the bids as submitted. *Licenses MOVED by Thompson, seconded by Stockman and motion carried unanimously to authorize the issuance of licenses #14361 - #14362 and #6415 - #6417. *Taxi Driver's Licenses MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the taxi driver's licenses as recommended by staff. *Minutes of Boards and Commissions MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the minutes received as follows: Black History Committee - August 13, 1992 Open Space and Recreation Commission - July 27 and August 24, 1992 Outdoor Pool Task Force - July 29 and August 24, 1992 Regular Meeting of the City Council September 1, 1992 Page 2 Public Hearin_ - First and Second Consi Approval - PUD #61 - Dahlberq Commerce ration - Ordinance #97 - General Plan r The following ordinance was MOVED by Stockman, seconded by Thompson: ORDINANCE #97, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development for P.U.D. 61 Dahlberg, Inc. Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item. Bob Glascow, Applicant, was present to answer 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 #97, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES William Joynes stated that the applicant would like the first and second consideration of the ordinance at the September 1 meeting so construction and soil correction can begin by early September. MOVED by Thompson, seconded by Stockman and motion carried unanimously to suspend the rules and hold first and second consideration of the ordinance. The following ordinance was MOVED by Thompson, seconded by Stockman: ORDINANCE #97, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of General Plan of Development for P.U.D. 61 Dahlberg, Inc. Applicant 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 Johnson and motion carried unanimously to adopt Ordinance #97, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES • n • • Regular Meeting of the City Council September 1, 1992 Page 3 Public Hearing - Second Consideration - Ordinance #95 - Rezoning Lot 2, Block 1, North Wirth Parkway 4th Addition to Light Industrial and Public Hearin - Second Consideration - Ordinance #96 - Lot 3, Block 1, North Wirth ParkwaV 4th Addition to I-4 Institutional The following ordinance was MOVED by Thompson, seconded by Stockman: ORDINANCE #95, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from a Mixture of Light Industrial, Industrial and Railroad Zoning Districts to all Light Industrial Zoning District North Side of Dahlberg Drive Golden Valley Housing and Redevelopment Authority (HRA), Applicant 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 Thompson and motion carried unanimously to adopt Ordinance #95, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES The following ordinance was MOVED by Thompson, seconded by Stockman: ORDINANCE #96, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from a Mixture of Light Industrial and Railroad Zoning Districts to all I-4 Institutional Zoning District North Side of Dahlberg Drive Golden Valley Housing and Redevelopment Authority (HRA), Applicant Mark Grimes, Director of Planning and Development 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 Thompson, seconded by Johnson and motion carried unanimously to adopt Ordinance #96, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES • 0 0 Regular Meeting of the City Council September 1, 1992 Page 4 Letter from Renee' Bergquist Regarding Speeding Traffic on Lindsay Street William Joynes introduced the agenda item. MOVED by Johnson, seconded by Thompson and motion carried unanimously to refer the letter to the Highway 100 Advisory Committee and inquire as to what alternatives are available, what is MnDOT's timeline and inform Ms. Bergquist of the action taken by the Council. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Thompson, seconded by Stockman and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Expenditure of Municipal State Aid Funds Off System - Si Portions of Duluth Street and olden Valley Road ?walk Construction - Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 92-68 RESOLUTION AUTHORIZING EXPENDITURE OF $103,000 OF GOLDEN VALLEY'S MUNICIPAL STATE AID CONSTRUCTION MONIES TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH CONCRETE WALK CONSTRUCTION ON C.S.A.H. 66 (DULUTH STREET AND GOLDEN VALLEY ROAD, FROM T.H. 100 TO THEODORE WIRTH PARKWAY) The motion for the adoption of the foregoing resolution was seconded by Member Stockman 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. all for Public Hearing: 1993 Budgets (General, Water and Sewer Utilities, rookview coif,_ Conservation/Rec cling, Human Services Foundation, Storm Sewer tility, and Motor Vehicle Licensing Funds William Joynes introduced the agenda item. MOVED by Thompson, seconded by Johnson and motion carried unanimously to set December 9, 1992 at 7:00 PM as the date for the formal public hearing and December 16, 1992 at 7:00 PM as the date for the reconvened public hearing for consideration of the 1993 budget. Regular Meeting of the City Council September 1, 1992 Page 5 0 Certification of 1993 Proposed Tax Levy William Joynes introduced the agenda item. MOVED by Johnson, seconded by Stockman and motion carried unanimously to approve the proposed tax levy for 1993: Total General Fund and Street Improvement $6,665,200 Debt Service Fund Levy Total Bonded Debt Levy 1,077,330 0 William Joynes reviewed the Auditor's report on spending by cities. The Council discussed various issues they will review and discuss at the budget public hearing, including the Auditor's report, past and present staffing, budget cutting programs, and joint programming between cities. Approval of Plat - PUD #61 - Dahlberg Commerce Center William Joynes introduced the agenda item. Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 92-69 RESOLUTION FOR ACCEPTANCE OF PLAT - PUD NO. 61, DAHLBERG COMMERCE CENTER 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, 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. Authorization to Sign PUD Permit - PUD #61 - Dahlberg Commerce Center William Joynes introduced the agenda item. MOVED by Russell, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for PUD #61, Dahlberg Commerce Center. Approval of Plat - North Wirth Parkway 4th Addition William Joynes introduced the agenda item. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 92-69 RESOLUTION FOR ACCEPTANCE OF PLAT - NORTH WIRTH PARKWAY 4TH ADDITION 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: 40 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 1, 1992 Page 6 *Receipt of Lockup Inspection Report MOVED by Thompson, seconded by Stockman and motion carried unanimously to receive and file the lockup inspection report dated July 15, 1992. Announcements of Meetings Mayor Bakken and William Joynes will be out of town for the scheduled October 13 Council meeting because they are participating in the Officer Exchange Program. MOVED by Thompson, seconded by Johnson and motion carried unanimously to reschedule the October 13 meeting to September 29, 1992. Council'Member Johnson stated the Human Needs Foundation had their first meeting on August 31, and has scheduled their next meeting for September 21, 1992. Mayor Bakken updated the Council on the Regional meetings he has been attending. Mayor's Communications No action taken. Continued Administrative Hearin - Liquor License Revocation - Restaurant Vent� n .cn�uCJ VIIC The Mayor opened the continued administrative hearing for input and persons present to do so were afforded the opportunity to express their views thereon. Allen Barnard reviewed what the charges to the staff were and what the progess has been to date. William Joynes answered questions regarding the documents requested and those submitted to date, and the city's liability. Joseph Dicker, attorney representing David Webb, updated the Council on the status of the food license and the progress on the other issues raised at the last meeting. He stated he feels that no changes in the operation have been made, there is ingress and egress to the restaurant and they are discussing with the landlord the situation of the handicapped bathrooms. He stated they have with them the original documents the City has requested but they feel the City doesn't have the right to inspect some of the information requested, but will allow them access. David Webb, Owner, reviewed the events when the officers came to his premises to get the documents but feels some of the documents should be considered private property. The Mayor closed the administrative hearing. MOVED by Johnson, seconded by Stockman and motion carried unanimously to suspend the liquor license for purposes of further investigation for a period of 90 days, or an earlier date if there is evidence from which the staff can recommend that the license be reinstated. If there is not such evidence forthcoming, or recom- mendation from the staff, the Council then at the end of that 90 -day period would again consider the matter for license revocation. Regular Meeting of the City Council September 1, 1992 Page 7 Adjournment MOVED by Thompson, seconded by Stockman and motion carried unanimously to adjourn the meeting at 8:00 PM. ATTEST: is 0 dministra ve Secretary