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2023-08-02 Regular Meeting August 2, 2023 — 6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in -person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present: Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere- Anderson, and Gillian Rosenquist Staff present: City Manager Cruikshank, City Attorney Cisneros, Communications Director Weiler, Planning Manager Zimmerman, Planning Intern Siro, Sustainability Specialist Kehrberg, and City Clerk Schyma 1C. Introduction of Public Safety Community Engagement Partner - Level 719 Communications Director Weiler discussed the selection process and project goals for the City’s new public safety community engagement partner, Level 719. Kelley Nicole Williams and Raquel Burgett, Level 719, introduced themselves and discussed their first week interacting with staff and community members. 2. Additions and Corrections to Agenda Motion by Rosenquist, Second by La Mere-Anderson to approve the agenda as submitted. Motion carried 5-0. 3. Consent Agenda DocuSign Envelope ID: 8E17152A-78F4-4751-8BED-0049FF4D79F6 Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Motion by La Mere-Anderson, Second by Rosenquist to approve the Consent Agenda as revised: removal of Items #3D.1. Adopt Resolution No. 23-067 Accepting a Community Safety Grant from CenterPoint Energy and #3D.2. Adopt Resolution No. 23-068 for Acceptance of Donation from Michelle Christensen and Golden Valley One Good Deed for Four Play Pods to Create a New Play Trail at Brookview Park and Lions Park. Motion carried 5-0. 3A. Approval of City Check Registers 3B. Licenses: 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary 3B.2. Gambling License Exemption and Waiver of Notice Requirement - SouthWest Options for Women 3C. Bids, Quotes, and Contracts: 3C.1. Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14 with RES Great Lakes, LLC 3C.2. Approve Professional Services Agreement with Bolton and Men k for Design and Construction Services on Adair Avenue Watermain Rehabilitation Project No. 23-17 3C.3. Authorize Agreement for DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project #23-15 with Bituminous Roadways, Inc 3D. Grants and Donations: 3D.1. Adopt Resolution No. 23-067 Accepting a Community Safety Grant from CenterPoint Energy 3D.2. Adopt Resolution No. 23-068 for Acceptance of Donation from Michelle Christensen and Golden Valley One Good Deed for Four Play Pods to Create a New Play Trail at Brookview Park and Lions Park 3. Items Removed From the Consent Agenda: 3D.1. Adopt Resolution No. 23-067 Accepting a Community Safety Grant from CenterPoint Energy Council Member Harris discussed the grant that the Fire Department will use towards the purchase of key Emergency Medical Services (EMS) equipment, upgrading/adding safety equipment for firefighter safety and upgrading forcible entry equipment. He further thanked CenterPoint Energy for awarding the grant to Golden Valley. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-067 Accepting the CenterPoint Community Safety Grant for the purchase of safety equipment. Motion carried 5-0 with unanimous approval. (In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) DocuSign Envelope ID: 8E17152A-78F4-4751-8BED-0049FF4D79F6 3D.2. Adopt Resolution No. 23-068 for Acceptance of Donation from Michelle Christensen and Golden Valley One Good Deed for Four Play Pods to Create a New Play Trail at Brookview Park and Lions Park Council Member Rosenquist discussed the donation and thanked Michelle Christensen and Golden Valley One Good Deed for their ongoing and generous contributions to the community. Council Member La Mere-Anderson said Golden Valley is very fortunate to have One Good Deed as they are an asset to the community. Council Member Ginis added that this is a great example of how cross-sector collaboration helps move things forward. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 23-068 to accept donation from Michelle Christensen and Golden Valley One Good Deed for the construction, materials, equipment and installation to add four play pods creating a new Play Trail at B rookview Park and Lions Park. Motion carried 5-0 with unanimous approval. (In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4. Public Hearing 4A. Public Hearing and Adoption of Ordinance No. 769 - Revocation of Conditional Use Permit 163 - 1109 Zane Ave N - Shapco Printing, Inc. Planning Manager Zimmerman discussed the staff report, history of the site, neighbor concerns, and the conditional use permit. Mayor Harris opened the public hearing. Mary Pat Gibbs, 1113 Welcome Circle, presented a letter to Council signed by over twenty neighbors to keep the CUP in place and have staff continue to work with the property owner. She stated the neighborhood has concerns that if the CUP is removed, the problem will get worse. She added that she wants the property owner to be held accountable for keeping their word with the CUP. Ann Bennion, 1125 Welcome Circle, questioned what happens to parking and the 60-foot buffer on the site if the CUP disappears. She further added that the neighborhood gave up a deed restriction so that the CUP could originally move forward. For this reason, she believes that the CUP was also an agreement with the neighborhood. Mayor Harris closed the public hearing. Planning Manager Zimmerman responded to questions about removing the CUP , the process if the property owner were to apply for a future CUP, parking implications, and the 60-foot buffer. DocuSign Envelope ID: 8E17152A-78F4-4751-8BED-0049FF4D79F6 City Attorney Cisneros discussed the history of the deed restriction on this property, including that the deed restriction is no longer enforceable under Minnesota Statutes, section 500.20. She also discussed the issues with leaving a CUP in place with a non-compliant property owner. Council Member Harris asked about penalties for the property owner not following the terms of the CUP for four years. He asked if there are any other remedies besides revocation. Planning Manager Zimmerman responded that administrative citations are meant to rectify violations of the City Code. The ability to create a CUP is in the City Code but the specific conditions in the permit are outside of the Code. The remedy for non-compliance with a CUP is revocation. Council Member La Mere-Anderson discussed how this property and non-compliant CUP have impacted the neighborhood. Council Member Harris thanked the neighborhood for voicing their concerns and attending meetings regarding this CUP. He stated that he thinks revoking the CUP is the better option to ensure the property owner starts being a better neighbor to the surrounding area. Motion by La Mere-Anderson, Second by Rosenquist to approve Ordinance No. 769, rescinding Ordinance No. 648, 2nd Series, and therefore revoking Conditional Use Permit No. 163 for Shapco Printing, Inc. Motion carried 5-0 with unanimous approval. (In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4B. Public Hearing and Adoption of Ordinance No. 770 - Approving Conditional Use Permit No. 176 to Allow for the Continued Use of a Boathouse within the Shoreland Overlay District Planning Intern Siro discussed the staff report and the conditions for approval of the CUP which include: 1. Applicant shall follow through with proposed shoreland restoration as described in the provided bid sheet. 2. The shed shall continue to be used solely for equipment storage. 3. In event of replacement, the applicant can expand the shed by one foot of length or width, but without getting closer to the north property line or shoreline. 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Mayor Harris opened the public hearing. Jessica Roe, applicant, discussed the need for the CUP and was available to answer any questions. Mayor Harris closed the public hearing. Council Member Rosenquist, BZA liaison, provided some background about the discussion that occurred at the BZA meeting when this item was on their agenda for consideration. DocuSign Envelope ID: 8E17152A-78F4-4751-8BED-0049FF4D79F6 Motion by Rosenquist, Second by M. Harris to adopt Ordinance No. 770 approving Conditional Use Permit 176, allowing for the continued use of a boathouse within the Shoreland Overlay District at 1840 Major Drive. Motion carried 5-0 with unanimous approval. (In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. 6A. Second Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard Composting) Sustainability Specialist Kehrberg discussed the staff report. Mayor Harris opened the item for public comment. As there were no comments, the public comment session was closed. Council Member La Mere-Anderson stated that the communication on this topic was excellent, especially for those residents who may not know much about organics and composting. The outreach was proactive, timely, informative, and well done. Sustainability Specialist Kehrberg discussed Sustainability Day at the Farmers Market and questions he received from residents, especially from individuals in multi-family buildings. Motion by Ginis, Second by Rosenquist to adopt the second consideration of Ordinance No. 768 amending Chapter 22 of the Golden Valley City Code to update language regarding composting. Motion carried 5-0 with unanimous approval. (In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 6B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment The meeting was adjourned by unanimous consent at 7:53 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk DocuSign Envelope ID: 8E17152A-78F4-4751-8BED-0049FF4D79F6