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01-03-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 3, 2012 6:30 p.m. The Council may consider item numbers 1, 2, 3, 4, 6 and 7 prior to the public hearings scheduled at 7:00 p.m. 1. ORGANIZATIONAL ITEMS A. Roll Call B. Approval of Minutes: City Council Meeting - November 15, December 6, 13, 20, 2011 3-35 C. Adjournment 2. CALL TO ORDER A. Oath of Office by Judge Myron Greenberg Shep Harris, Mayor Term Expires - 12/31/15 Mike Freiberg, Council Member Term Expires - 12/31/15 Joanie Clausen, Council Member Term Expires - 12/31/15 B. Seating of the Council C. Roll Call D. Break for Cake and Coffee Reception for 2012 Council 3. ADDITIONS AND CORRECTIONS TO AGENDA 4. CONSENT AGENDA 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 or citizen 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. A. Set Time and Place of Agenda Closing 36 B. Designation of Official Newspaper 37 C. Designation of Depositories for City Funds 12-1 38-40 D. Approval of Check Register 41 E. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - September 27, 2011 42-45 2. Envision Connection Project Board of Directors - October 20, 2011 46-49 F. Accepting Donation of Vacant Lots - 3015 and 3025 June Avenue North 12-2 50-52 G. Authorization to Sign Contract Renewal with Embedded Systems, Inc. for Outdoor 53-55 Warning Siren Maintenance H. Approval of Use of Credit Cards for Purchases 56 5. PUBLIC ITEMS AND PUBLIC HEARINGS 7:00 PM 6. OLD BUSINESS 7. NEW BUSINESS A. Announcements of Meetings: 1. Reset Meeting Dates 57 2. Set Date for Council/Staff Workshop 58 B. Council Assignment - Mayor Pro Tem C. Council Appointments: 1. Assistant Weed Inspector 59 2. Housing and Redevelopment Authority Commissioners 60 D. Mayor and Council Communications 8 ADJOURNMENT Regular Meeting of the City Council November 15, 2011 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 November 15, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Receipt of Human Services Fund 2012 Allocation Report Connie Sandler Human Services Fund Chair reviewed the allocation report. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the 2011 Allocation Report. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve sending the allocation letters to the organizations involved stating the allocation amount. The Council thanked the Human Services Fund for their service to the community. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of November 15, 2011 as amended: Addition of Human Rights Commission and the Council will go into an Executive Session to discuss the Dargi lawsuit and to conduct the City Manager performance review. Approval of Consent Aqenda MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the consent agenda of November 15, 2011 as amended: removal of Bassett Creek Watershed Management Commission minutes - September 15, 2011 and Proclamation for 125th Anniversary of the Founding of the City. *Approval of Minutes - Council/Manaqer Meetinq - October 12, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Council/Manager of October 12, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. Regular Meeting of the City Council November 15, 2011 Page 2 � *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gamblinq License Exemption and Waiver of Notice Requirement - Good Shepherd Church MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Good Shepherd Church. Minutes of Boards and Commissions Council Member Pentel recognized and thanked Mayor Loomis for the service has given to the Bassett Creek Watershed Management Commission while serving as the City's representative. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Bassett Creek Watershed Management Commission - September 15, 2011 *Vactor Truck - Quotes MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the purchase from the Minnesota Materials Management Division of a 2011 Vactor 2100 Plus from MacQueen Equipment, Inc. for $247,244.94 and freightliner tandem axle cab and chassis from I-State Truck Center, Inc. for $101,831.84, *Authorization to Siqn Aqreement with Hammel Green & Abrahamson, Inc. for Security Svstem Plan Desiqn MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize agreement for professional services with Hammel Green &Abrahamson, Inc. for the design of security improvements at City-owned facilities with a cost not to exceed $70,500. Proclamation for 125th Anniversarv of the Foundinq of the Citv Council Member Pentel requested the Mayor read the proclamation. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the Proclamation for the Celebration of the 125th Anniversary of the Founding of the City of Golden Valley on December 2, 2011. Regular Meeting of the City Council November 15, 2011 Page 3 *Call for Administrative Hearinq -Alcohol Compliance Check Violation - Chipotle Mexican Grill - 12/6/11 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-62 RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON ALCOHOL SALES VIOLATION - CHIPOLTE MEXICAN GRILL The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Public Hearinq -Authorization of Municipal Consent for pouqlas Drive Layout between Hiqhwav 55 and Medicine Lake Road Jeannine Clancy introduced the agenda item and answered questions from the Council. Jupe Hale, WSB and Craig Twinem, Hennepin County, answered questions from the Council. Allen Barnard 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. Armand Maanum, 2300 Douglas Drive North, stated he doesn't like roundabouts, feels the reconstruction is a waste of money; wanted to know how the roundabouts would be in the winter and feels there would be a lot of accidents; stated his house is the only one that will be taken for the project and objects to the taking of his property; thought that Douglas Drive was fine with four lanes of traffic and should not have been changed to three lanes; and doesn't think anyone will use the bike lanes. Alan Gusek, 6130 Westbrook Road, stated he travels a lot and has driven in a lot of roundabouts; stated the vast majority of them exist where the motorists have never know an alternative form of intersections; people have grown up with them and know how to navigate them; wanted to know if roundabouts on Dougias Drive will benefit the area; wanted to know the difference in costs; suggested that roundabouts not be put in either location; expressed concern over safety and asked how seniors and handicapped will be able to cross the intersections; asked how the redesign will impact the surrounding homeowners; suggest that the timing be changed on Golden Valley Road and Douglas Drive as the timing favors traffic on Douglas Drive; suggested eliminating the traffic light on Douglas Drive and Sandburg and put in a stop sign; had questions about the safety statistics for roundabouts and the comparison of safety between a traditional light and roundabouts; and stated he lives near Sandburg and he does not see a safety issue. Regular Meeting of the City Council November 15, 2011 Page 4 Public Hearinq -Authorization of Municipal Consent for pouqlas Drive Lavout between Hiqhwav 55 and Medicine Lake Road - Continued Vic Harvath, 5901 Laurel Avenue, #129, distributed information about the national and federal budget; wants each governmental agencies to look for ways to reduce spending on each level of government; stated people avoid the roundabout at 66th and Portland; stated residents are feeling the burden of having to pay for taxes and extra fees; stated the project looks nice but do we really need it; had questions about the retaining walls, how high will they be; do residents know that they will be put there; feels the light signal at Highway 55 and Douglas Drive needs to be changed because you don't have much time to drive through the intersection an suggested the yellow caution light should be longer. Linda Johnson, 2417 Douglas Drive, stated she is not surprised there are not many people at the public hearing; stated the notice for the open house was benign and if the notice had more information about how the project would affect their property more people would of attended; was surprised to see the impact on their property; requested the map be put an the web site and wanted a copy of the map but was unable to obtain one; doesn't feel it is necessary to take such a large swath of land for the road; wanted to know if the plan approved tonight is the same one that was shown at the open house; requested the Council go back and reconsider how wide the roadway will be; stated that 30-40 feet of her front yard will be taken and requested the design be changed not to take that much of the yard; feels that because there is so much traffic on Douglas Drive that installation of a roundabout would not be effective in the area; asked what are they going to do about the wells under the rocks; stated she is not asking for the boulevard to be reduced just for her yard but feels there are other property owners that will be effected worse than her yard and should be reduced along her block; and reviewed the plans for the use of Sandburg School. Chip Johnson, 2417 Douglas Drive, wanted to know how the traffic flow figures were gathered; where the traffic comes from; how many bikers use the bike lane; where will the traffic go during construction; how will he get to his house; feels that no one knows how to drive in a roundabout because no one is ever trained to use one in driver training Trees and impact of taking on property Dale Bates, 6140 Golden Valley Road, asked how the traffic goes around the roundabout if there are finro lanes of traffic traveling southbound on Douglas Drive and one person wants to stay on Douglas Drive and the other person wants to go east on Golden Valley Road; thinks the person on the inside will expect that person to be traveling on Douglas Drive and there is going to be an accident, and doesn't understand how two lanes of traffic can go around the roundabout and go in different directions. Regular Meeting of the City Council November 15, 2011 Page 5 Public Hearinq -Authorization of Municipal Consent for pouqlas Drive Layout between Hiqhwav 55 and Medicine Lake Road - Continued John Giese, 500 Yosemite Avenue North, but also has an interest in the property at 5545 Golden Valley Road, does not agree with the roundabout installation at Douglas Drive and Sandburg Road, thinks taking the traffic light out and putting in a stop sign would be a better idea; not against roundabouts and understands the uses for them but expressed concern over the safety of pedestrians crossing the one at Golden Valley Road and Douglas Drive, also concerned about the safety of children, seniors handicapped and blind persons trying to get across the roundabout, stated the light at Winnetka Avenue North and Golden Valley has a signal that tells you how much time you have to get across the street, concerned for safety of children getting across the roundabout if they are on their bikes; at the intersection of Highway 55 by the Perpich Center you only have about 7 seconds to get across and if there are 10 cars there you usually have to wait 2 stoplights to get across; suggested a flag pole with a POW/MIA flag be installed in the center of the Golden Valley Road and Douglas Drive roundabout and stated he would be willing to donate money for the flag pole. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption, as amended: add the following to the last paragraph, "with the condition that staff evaluate the opportunity to reduce right-of-way impacts by adjusting lane widths or boulevard widths to the extent possible, while maintaining the vision set for the corridor in the Douglas Drive Corridor Study." RESOLUTION 11-63 RESOLUTION AUTHORIZING MUNICIPAL CONSENT FOR PROPOSED PROJECT 10-4, CSAH 102 (DOUGLAS DRlVE) LAYOUT 2 The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Public Hearinq -Amendment to General Land Use Plan Map - Re-desiqnatinq Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Hiqh Densitv Residential to Low Densitv Residential and Re-desiqnatinq Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Low Densitv Residential to Low Densitv Residential Joe Hogeboom, City Planner, presented the amendment and answered questions from the CounciL Regular Meeting of the City Council November 15, 2011 Page 6 Public Hearinq -Amendment to General Land Use Plan Map - Re-desianatinq Properties befinreen Harold Avenue, Winnetka Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Hiqh Densitv Residential to Low Density Residential and Re-desiqnatinq Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Low Densitv Residential to Low Densitv Residential - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Julie Paris, Attorney, Larkin Hoffman, representing the Ridgedale Group, property owner of 7732 Harold Avenue, objects to the proposed land use map amendment and re-designation of the properties, stated in 2008 the properties were considered as a potential for redevelopment for higher density and over the last three years those economics have not changed and the potential for redevelopment on this site is still there and the city has received applications in the past that wouid of brought some higher density housing to these areas, her clients concerns are with area A, the client wanted to point out there is some deterioration of some of the properties area, there has not been redevelopment or investment in these single family homes, the majority of them are rental housing; feels a change to low density will freeze the redevelopment and reinvestment opportunities; the issue will just keep recycling itself and the deterioration of the properties will just continue; the client understands that some property owners are concerned over the transition to higher density; stated the comprehensive plan is a future planning tool and feels there is no need to go back to a lower density designation; the appropriate designation may not be a medium high designation and it may be the medium low density designation and stated without the density you are not going to get the infrastructure and redevelopment and the likely of getting a single family development is slim to none. Erik Pederson, 130 Louisiana Avenue North, reminded the Council that they had 350 signatures from the neighborhood on the petition who opposed the re-designation and less than five that were in favor of the proposal; feels there was a lack of communication to the neighborhood; there is a safety factor as the neighborhood could not support any kind of development with an increase in traffic; stated the neighborhood spoke loud and clear against the re-designation; feels the designation should be R-1 and let any individual property owner bring in a request to designate their property R-2. Steve Adams, 11111 Sumac Lane, Minnetonka, stated he serves on the Planning Commission, stated his drives by this area along and is familiar with how you stimulate development; feels going back to R-1 is unrealistic; feels there is no demand for R-1; stated even medium density housing is a mistake; a developer would have a hard time getting funding for R-1 housing; financing is available for rental and senior housing; if it is designated as R-1 it means that this area will go undeveloped for five to ten years. Regular Meeting of the City Council November 15, 2011 Page 7 Public Hearinq - Amendment to General Land Use Plan Map - Re-desiqnatinq Properties between Harold Avenue, Winnetka Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Hiqh Density Residential to Low Density Residential and Re-desiqnatinq Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Hiqhwav and Spirit of Hope Methodist Church from Medium Low Densitv Residential to Low Densitv Residential - Continued Perry Thom, 320 Louisiana Avenue North, stated he is not sure anyone from Minnetonka has any experience to be describing the neighborhood where he lives; feels there would be people who would build a single family home in the area and stated he built a new home about eight years ago; stated there already is a lot of senior housing in the City; and urged the Council to re-designate to R-1. The Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-64 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING THE FOLLOWING PROPERTIES AREA A - RE-DESIGNATING PROPERTIES BETWEEN HAROLD AVENUE, WINNETKA AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE UNITED METHODIST CHURCH FROM MEDIUM-HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL AREA B - RE-DESIGNATING PROPERTIES BETWEEN HAROLD AVENUE, GLENWOOD AVENUE, OLSON MEMORIAL HIGHWAY AND SPIRIT OF HOPE UNITED METHODIST CHURCH FROM MEDIUM-LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Scanlon; and the following voted against the same: Shaffer, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council November 15, 2011 Page 8 Public Hearinq - First Consideration - Ordinance #474 -Amendinq Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 474, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee Mark Kuhnly, Chief of Fire/Inspection Services, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried to approve on First Consideration, Ordinance #474, 2nd Series. Upon a roll cali vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - NO SHAFFER - YES Second Consideration - Ordinance #473 -Amendinq Section 10.30, Reqardinq Discontinuance of Doq Licensinq Requirement (Except for Danqerous and Potentiallv Danqerous Doqs) The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 473, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried to approve on Second Consideration, Ordinance #473, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - NO MOVED by Pentel, seconded by Shaffer and motion carried to approve publication of the Summary of Ordinance No. 473, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). Council Member Shaffer voted no. Regular Meeting of the City Council November 15, 2011 Page 9 First Consideration - Ordinance #475 - Establishinq A 2012 Master Fee Schedule The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 475, 2ND SERIES AN ORQINANCE AMENDING THE CITY CODE Establishing A 2011 Master Fee Schedule Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #475, 2nd Series. Upon a roll call vote, the vote was as follows FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Human Riqhts Commission Status Mayor Loomis introduced the agenda item. Allen Barnard was requested to review and advise the Council on actions taken by certain members of the Human Rights Commission and reviewed what disciplinary action the Council could take to remedy the situation and reviewed the process and procedure the Council could consider. MOVED by Shaffer, seconded by Scanlon and motion carried to: 1. To suspend all future meetings and operations of the Human Rights Commission ("HRC") until further notice, and 2. To notify the current members of the HRC that the Council will hold a special meeting on December 6, 2011 at 5 pm to afford them an opportunity to explain their recent actions prior to the Council's consideration of steps to rectify the situation which may include discipline and/or removal of the HRC members. Council Member Freiberg abstained. Announcements of Meetinqs An Executive Session to discuss a lawsuit will be held on November 15, 2011 after the City Council meeting. An Executive Session to conduct the City Manager performance review will be held on November 15, 2011 after the previous Executive Session. A Bassett Creek Watershed Management Commission meeting wil( be held on November 16, 2011 at 11:30 am. Regular Meeting of the City Council November 15, 2011 Page 10 Announcements of Meetinqs - Continued The City Offices are closed on Thursday, November 24 and Friday, November 25, 2011 in observance of Thanksgiving. The Golden Valley 125th Commemorative Luncheon will be held on December 2, 2011 at 11:30 am at the Golden Valley Country Club. A Special City Council meeting to conduct an administrative hearing on a liquor license compliance check violation for Chipolte will be held on December 6, 2011 at 6 pm. The next City Council meeting will be held on December 6, 2011 at 6:30 pm. Mavor and Council Communications Council Member Pentel stated that Jane Borchert passed away this past week and she was one of the founding members of the Golden Valley League of Women Voters. Adiournment The Mayor adjourned the meeting at 10:53 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council December 6, 2011 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 December 6, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of December 6, 2011 as amended: Appointment to Appointment to Environmental Commission, distribution of Executive Summary. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the consent agenda of December 6, 2011 as amended: Approval of Minutes - October 18, 2011 - First Consideration - Ordinance #473 - Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) amend minutes to reflect that Council Member Freiberg voted no; and removal of Approval of 2012-2016 Capital Improvement Program and 2013-14 Pavement Management Program - Call for Feasibility Studies and Authorization to Sign Agreements with Short Elliott Hendrickson for Engineering Services. *Approval of Minutes - Citv Council Meetinq - September 20, October 4, and October 18, 2011 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of September 20 and October 4, 2011 as submitted; and City Council Meeting minutes of October 18, 2011 as amended: First Consideration - Ordinance #473 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) amend minutes to reflect that Council Member Freiberg voted no. *Approval of Check Reqister MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council December 6, 2011 Page 2 *Solicitor's License - The Window Store Home Improvements, Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for The Window Store Home Improvements, Inc. �`Solicitor's License - Halverson's MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Halverson's. *Gamblinq License Exemption and Waiver of Notice Requirement - Cedarcrest Academv MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Cedarcrest Academy. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - October 24, 2011 Human Services Foundation - October 11, 2011 Environmental Commission - October 24, 2011 Envision Connection Project Board of Directors - August 18, 2011 Open Space and Recreation Commission - October 24, 2011 Police Vehicles - Quotes MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the purchase of four Ford Police Interceptor vehicles from Nelson Auto Center, through the State of Minnesota Squad Car Contract for $116,244.86. *Second Consideration - Ordinance #475 - Establishinq A 2012 Master Fee Schedule The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 475, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2011 Master Fee Schedule MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on Second Consideration, Ordinance #475, 2nd Series. The vote was as follows: FREIBERG -YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council December 6, 2011 Page 3 Approval of 2012-2016 Capital Improvement Proqram Mayor Loomis requested the item be removed to clarify a statement made in the October 24, 2011 Planning Commission minutes. She stated that the Bassett Creek bank improvements listed in the CIP are funded by the Bassett Creek Watershed Management Commission (BCWMC) and there is a cost to the City because the City pays an annual assessment to the BCWMC and they also have taxing authority for the district. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-65 RESOLUTION APPROVING 2012-2016 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Adoptinq the 2012-2013 Budqet for Enterprise, Special Revenue and Internal Services Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-66 RESOLUTION ADOPTING THE 2012-2013 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Acceptinq Donations for Michelle Bix Garden Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-67 RESOLUTION ACCEPTING DONATIONS FOR THE MICHELLE BIX GARDEN The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Regular Meeting of the City Council December 6, 2011 Page 4 *Appointinq Commissioner of Transportation as City's Aqent for Transportation Federal Aid Funds Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-68 RESOLUTION APPOINTING COMMISIONER OF TRANSPORTATION AS THE CITY OF GOLDEN VALLEY'S AGENT FOR FEDERAL AID FUND RELATED TO TRANSPORTATION The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Receipt of October 2011 Financial Reports MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the October 2011 Financial Reports. 2013-14 Pavement Manaqement Proqram - Call for Feasibilitv Studies and Authorization to Siqn Aqreements with Short Elliott Hendrickson for Enqineerinq Services Council Member Freiberg asked if the Council will be discussing splitting the pavement management program into a two year program at a future meeting. Thomas Burt and Jeannine Clancy answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-69 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR CITY IMPROVEMENT PROJECT 13-01 2013 PAVEMENT MANAGEMENT PROGRAM AND CITY IMPROVEMENT PROEJCT 14-01 2014 PAVEMENT MANAGEMENT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Regular Meeting of the City Council December 6, 2011 Page 5 2013-14 Pavement Manaqement Proqram - Call for Feasibilitv Studies and Authorization to Siqn Aqreements with Short Elliott Hendrickson for Enqineerinq Services - Continued MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the Gity Manager to sign agreements with SEH, Inc. for engineering services for an amount not to exceed $224,500 for 2013 Pavement Management Program and $224,500 for the 2014 Pavement Management Program. Public Hearinq - Second Consideration - Ordinance #474 -Amendinq Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDf NANCE NO. 474, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.34, Subdivision 13(B), Administration Civil Penalties: Tobacco Licensee Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. Thomas Burt 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 Pentel, seconded by Shaffer and motion carried to approve on Second Consideration, Ordinance #474, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - NO SHAFFER - YES Council requested staff research, for discussion at a future meeting, the suggestion that the penalty for violation of the tobacco ordinance be based on the percentage of tobacco sales at their retail location. Council also asked staff to compare the difference between the penalties for violation of the tobacco license and liquor license ordinances. Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #66 - JLO -Amendment#4 - 7200 Wayzata Boulevard - Jeff Lupient, Applicant Ken Nordby, reviewed the preliminary plan and answered questions to the council. Steve Schmidgall presented the Planning Commission report. Joe Hogeboom, City Planner, introduced the agenda item. Regular Meeting of the City Council December 6, 2011 Page 6 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #66 -JLO -Amendment#4 - 7200 Wavzata Boulevard - Jeff Lupient, Applicant - Continued 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 Pentel, seconded by Freiberg and motion carried unanimously to approve the Preliminary Design Plan, Lupient Infiniti PUD No. 66, Amendment#4 subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared for Lupient Automotive Group and include the following: existing and demolition site plan, proposed site plan, existing floor plans, orientation plans floor plans - building A, floor plans - building B and exterior elevations. 2. The Landscape Site Plan requested by the Planning Commission and dated November 22, 2011 shall become part of this approval. 3. The applicant shall stripe a pedestrian walkway from its handicap parking stalls to the front entrance of the building. 4. All recommendations and requirements outlined in the memorandum from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 27, 2011 shall become a part of this approval. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Public Hearinq - Ordinance #476 - Rezoninq from Sinqle Familv Residential Zoninq District (R-1) to Medium Density Residential Zoninq District (R-3) - 1100, 1170, 1200 and 1300 Douqlas Drive North The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 476, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Single Family Residential Zoning District (R-1) to Medium Density Residential Zoning District (R-3) 1100, 1170, 1200 and 1300 Douglas Drive North Joe Hogeboom, Planner, introduced the agenda item and answered questions from the Council. Steve Schmidgall presented the Planning Commission report. Regular Meeting of the City Council December 6, 2011 Page 7 Public Hearinq - Ordinance #476 - Rezoninq from Sinqle Familv Residential Zoning District (R-1) to Medium Densitv Residential Zoninq District (R-3) - 1100, 1170, 1200 and 1300 Douqlas Drive North 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 Pentel, seconded by Shaffer and motion carried to approve Ordinance #476, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - NO LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Public Hearinq -Adoption of 2011 Propertv Tax Levv Pavable 2012 and 2012-2013 General Fund Budqet Sue Virnig, Finance Director, reviewed the budget and answered questions from the Council. Thomas Burt 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. Bruce Johnson, 6842 Olympia Street, had questions about firemen's shortfall in pension; how did we get into that situation; bonded debt levy ; equipment certificates; general fund reserves; investment fund; what returns are we getting ; roundabout on Sandburg and Douglas Drive. Vic Harvath, 5901 Laurel Avenue, #129; had questions about fire trucks; feels that fiscally the financial picture does not look good for the next five to ten years; that all governmental agencies should really look at how they are spending their tax dollars; with the property values declining and foreclosures that will have an impact on the tax revenue that are coming in and thanked the Council for their hard work. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-70 RESOLUTION ADOPTING THE 2012 BUDGET OF THE GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Regular Meeting of the City Council December 6, 2011 Page 8 Public Hearinq -Adoption of 2011 PropeMv Tax Levv Pavable 2012 and 2012-2013 General Fund Budqet - Continued Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-71 RESOLUTION ADOPTING THE 2011 PROPERTY TAX LEVIES FOR TAXES PAYABLE 2012 The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. First Consideration - Ordinance #477 -Amendment to Section 6.35 Reqardinq Waste Hauler Contract and Licensinq Requirements The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 477, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements Joe Hogeboom, City Planner, introduced the agenda. MOVED by Pentel, seconded by Shaffer and motion carried to approve on First Consideration, Ordinance #477, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Appointment to Environmental Commission Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Debra Yahle to the Environmental Commission for a two year term which expires May 1, 2013. Announcements of Meetinqs Some Council Members may attend the Planning Commission/Board of Zoning Appeals Holiday Party on December 7, 2011 from 6 to 8 pm at the Brookview Grill. Regular Meeting of the City Council December 6, 2011 Page 9 Announcements of Meetinqs Some Council Members may attend the Golden Valley Historical Society Meeting on December 8, 2011 at 7 pm at the Golden Valley Historical Society. A Special City Council meeting will be held on December 13, 2011 at 7 pm. Some Council Members may attend the recognition event for the retiring Council Members on December 15, 2011 at 9:30 am. The Bassett Creek Watershed Management Commission meeting scheduled for December 15, 2011 has been cancelled. Some Council Members may attend the Jerry Bakken retirement celebration on December 19, 2011 at 9:30 am in the vehicle maintenance department. The next City Council meeting will be held on December 20, 2011 at 6:30 pm. Mayor and Council Communications Mayor Loomis thanked the 125th Anniversary Committee for their work for the celebration held on and for all events held during the year. Mayor Loomis stated that she is the City's representative on the Bassett Creek Watershed Management Commission and her term expires February 1 and recommended the Council appoint an elected representative be appointed to fill the vacancy. Council Member Shaffer stated he serves on the Metropolitan Council Land Use Advisory Commission for District 6 and will continue to serve on that Commission and if the future Council has any concerns they want to be brought up they should contact him. Mayor Loomis announced that Allied Waste is delivering the new recycling bins to homes within the City and residents are reminded to continue to use their current recycling bins until the end of the year. Jeannine Clancy and Joe Hogeboom, City Planner, answered questions regarding the current and future recycling program. Thomas Burt updated the Council on the status of the Motor Vehicle Department. Adiournment The Mayor adjourned the meeting at 8:20 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Special Meeting of the City Council December 13, 2011 Pursuant to due call and notice thereof, a special 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 December13, 2011 at 7:02 pm. The following members were present: Loomis, Pentel, Freiberg, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Public Hearinq - 2012 Pavement Manaqement Proqram -Addition of Turners Crossroad - Orderinq Construction of Public Improvement and Advertisinq for Bids and Rescindinq Portion of Resolution 89-66 Modifvinq Parkinq Restrictions Jeannine Clancy and Jeff Oliver, City Engineer, presented a PowerPoint presentation 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. David Webb, Jr. 5410 Wayzata Boulevard, distributed a letter objecting to the pavement management program on the grounds that the proposed improvements are premature or unnecessary because of private developments on or near the east side of Turners Crossroad and feels the assessment proposed does not benefit his property; stated his father passed away and he has now become the president of Webb Development LLC; stated when his father purchased the property he had hoped to redevelop the property in concert with the MnDOT property to the east and the one story office building to the north; he had hoped to develop this as a gateway to Golden Valley; he further stated that he also has that dream but another developer had gotten a head start in developing the MnDOT site; stated he has would like to develop his property within two to four years; he requested the Council cancel or postpone the project; feels the condition of the roadway is not objectionable to him, his tenants, customers or restaurant suppliers; feels that development of his property and the MnDOT site will make drastic changes in density, usage and traffic and would change Turners Crossroads improvements and make them outdated; stated that on just one week ago the attorney for Global One Commercial, the proposed developer for the site, sent his attorney a brand new proposal for the MnDOT property that included two driveways that cut across his property; and distributed copies of the proposed development; he has gotten plans dated December 6 and December 8 but has not had time to review them yet; and requested the Council cancel or postpone the project. Special Meeting of the City Council December 13, 2011 Page 2 Public Hearinq - 2012 Pavement Manaqement Proqram -Addition of Turners Crossroad - Orderinq Construction of Public Improvement and Advertisinq for Bids and Rescindina Portion of Resolution 89-66 Modifvinq Parkinq Restrictions - Continued Douglas Brown, 5411 Circle Down, stated last summer he met with City and consulting engineers about the Circle Down project; stated he has about 400 feet along Circle down and was informed the Metropolitan Council had not determined where the reliever project was going to be placed; had questions about the cost sharing potential with the Met Council for both projects; stated he agrees with Mr. Webb that the project is premature in light of future development in the area; stated the plans presented show his property lines but they keep moving; had questions about the rise of the water table and how will they deal with that during construction; stated the plans call for Circle Down and Turners Crossroad to be reconstructed at the same time and asked how will they coordinate the projects so he has access to his site during construction; and had questions about the interest rate for the project. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-72 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 12-01 2012 PAVEMENT MANAGEMENT PROGRAM AS AMENDED BY THE ADDITION OF TURNERS CROSSROAD The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-73 RESOLUTION RESCINDING PORTIONS OF RESOLUTION 89-66 TO MODIFY PARKING RESTRICTIONS ON TURNERS CROSSROAD The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Special Meeting of the City Council December 13, 2011 Page 3 Public Hearinq - Special Assessments - 2012 Pavement Manaqement Area Sue Virnig, Finance Director, introduced the agenda item 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. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-74 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2012 PAVEMENT MANAGEMENT AREA The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Public Hearinq - Street Reconstruction - Harold Avenue, Glenwood Avenue to Winnetka Avenue, and Rhode Island Avenue North, Harold Avenue and Trunk H�c�i hwav 55 - Orderinq Construction of Public Improvement and Advertisinq for Bids and Restrictinq Parkinq on Harold Avenue between Winnetka Avenue North and Glenwood Avenue Jeff Oliver, City Engineer, presented a PowerPoint presentation 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. Larry Kueny, 7303 Ridgeway Road, had questions about a back-up plan if the City does not get the Glenwood Pond; if a pump house in Lions Park is still an option; and what trees were going to be removed. The Mayor closed the public hearing. Special Meeting of the City Council December 13, 2011 Page 4 Public Hearinq - Street Reconstruction - Harold Avenue, Glenwood Avenue to Winnetka Avenue, and Rhode Island Avenue North, Harold Avenue and Trunk Hiqhwav 55 - Orderinq Construction of Public Improvement and Advertisinct for Bids and Restrictinq Parkinq on Harold Avenue between Winnetka Avenue North and Glenwood Avenue - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-75 : RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 12-02 RECONSTRUCTION OF HAROLD AVENUE AND RHODE lSLAND AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-76 RESOLUTION RESTRICTING PARKING ON HAROLD AVENUE BETWEEN WINNETKA AVENUE NORTH AND GLENWOOD AVENUE The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Public Hearinq - Special Assessments - Harold Avenue and Rhode Island Avenue North Street Reconstruction Sue Virnig, Finance Director, introduced the agenda item 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. Special Meeting of the City Council December 13, 2011 Page 5 Public Hearinq - Special Assessments - Harold Avenue and Rhode Island Avenue North Street Reconstruction - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-77 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2012 HAROLD AVENUE AND RHODE ISLAND AVENUE NORTH AREA The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Letter to Three Rivers Park District Mayor Loomis stated she was contacted by Joan Peters who is our representative on the Three Rivers Park District regarding the District's interest in investing money on a park in Scott County and suggested the City may want to send a follow-up letter to the District regarding the request for the Park District to provide winter maintenance on the trails. Council directed staff to prepare a letter requesting the Three Rivers Park District to amend their practices relating to winter maintenance of the trail system for consideration and the December 20, 2011 City Council meeting. Adjournment The Mayor adjourned the meeting at 8:06 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council December 20, 2011 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 December 20, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certificate of Appointment Debra Yahle, Environmental Commission member was unable to attend. Congressional Record Recopnizinq Golden Vallev, Minnesota Mayor Loomis stated that a member of the 125th Anniversary Committee was going to be at the meeting but he was unable to attend to make the presentation. Mayor Looms presented to the Council the Congressional Record recognition of Golden Valley that Representative Franken was able to get into the Senate record. Approval of Aqenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of December 20, 2011 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of December 20, 2011 as amended: removal of Authorization to Sign Agreement with Stantec for Streetscape Asset Management Plan, Authorization to Sign Amended Agreement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services and Second Consideration - Ordinance #477 - Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements. *Approval of Minutes - Citv Council Meetinq - November 1, 2011 and Council/Manaaer Meetina - November 9, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of November 1, 2011 and Council/Manager Meeting minutes of November 9, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment bills as submitted. Regular Meeting of the City Council December 20, 2011 Page 2 *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Citv Gamblinp Licenses MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley VFW Post #7051, Minnesota Youth Athletic Services and Crystal Lions. *Fireworks Permit - Sweenev Lake Homeowner's Association MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the fireworks display permit for the Sweeney Lake Homeowner's Association. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows Joint Water Commission - October 5, 2011 Minneapolis Water Board - August 25, 2011 Envision Connection Project Board of Directors - September 15, 2011 Bassett Creek Watershed Management Commission - October 20, 2011 *Citv Newsletter Printinq/Mail Handlinq - Quotes MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the printing and mail handling for six issues of the City newsletter for 2012 to the lowest responsible bidder, Leffler Printing for $17,370.00. The quotes are as follows: Leffler Printing $17,370.00 MLB Printing $17,790.00 Nystrom Publishing $17,944.00 Printing Enterprises $18,600.00 Wallace Carlson $19,311.60 Brooklyn Printing $19,590.00 Custom Business Forms $22,116.00 Printing Enterprises $22,200.00 Catalyst Graphics $22,968.00 Did not bid specified paper stock Choice Printed Products $23,214.00 John Roberts Company $25,602.00 Express Press $29,066.76 APEX $29,686.80 MPX Group $29,948.88 Regular Meeting of the City Council December 20, 2011 Page 3 *Authorization to Sian Patrol Officer (LELS Local 27) Aqreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the 2012-2013 Patrol Officer agreement. *Authorization to Sipn Police Serpeants (LELS Local 304) Aqreement MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the 2012-2013 Police Sergeants agreement. *Approval of 2012 General Waaes and Salaries for Non-union Personnel Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 78 RESOLUTION ESTABLISHING 2012 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loornis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Approval of Citv Manaper Salarv Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 79 RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. �`Amendinq Health Reimbursement Arranqement (HRA) Plan Documents Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-80 RESOLUTION AMENDING THE HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN DOCUMENTS Regular Meeting of the City Council December 20, 2011 Page 4 *Amendinq Health Reimbursement Arranpement (HRA1 Plan Documents - Continued The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Adoption of New of Emplovee Handbook Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 81 RESOLUTION ADOPTING A NEW EMPLOYEE HANDBOOK The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Adoption of Fund Balance Policv for General Fund and Fund Balance Year-End Classifications Policv Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 82 RESOLUTION ADOPTING FUND BALANCE POLICY FOR GENERAL FUND The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11- 83 RESOLUTION ADOPTING FUND BALANCE YEAR-END CLASSIFICATIONS POLICY IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD Regular Meeting of the City Council December 20, 2011 Page 5 *Adoption of Fund Balance Policv for General Fund and Fund Balance Year-End Classifications Policv- Continued The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Approval of Accessibilitv, DesiQn, Policv and Implementation Manual for Public Riqhts-of-Wav MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the Accessibility, Design, Policy and Imp/ementation Manual for Public Rights-of-Way document. Authorization to Siqn Aareement with Stantec for Streetscape Asset ManaQement Plan Council Member Freiberg requested staff review the plan. Thomas Burt and Jeannine Clancy answered questions from the Council. MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign an agreement with Stantec, Inc. for development of the Streetscape Asset Management Plan for $60,570. *Authorization to Sian Contract Extension with North American Cleanin� Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the Amendment with North American Cleaning Services for cleaning services for 2012 and 2013 for $71,984 per year. *Authorization to Sian Aqreement with Bassett Creek Watershed Manaqement Commission for Construction and Maintenance of Sweenev Lake Outlet MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the agreement with the Bassett Creek Watershed Management Commission for the construction of the Sweeney Lake outlet structure. *Authorization to Sipn Aqreement with Bassett Creek Watershed Commission for Construction and Maintenance and Authorization to Sian Aqreement with Barr Enqineerinq Co. for Desian and Construction Coordination of Wirth Lake Outlet MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign the cooperative agreement with the Bassett Creek Watershed Management Commission for the design and construction of the Wirth Lake outlet structure. Regular Meeting of the City Council December 20, 2011 Page 6 *Authorization to Siqn Aareement with Bassett Creek Watershed Commission for Construction and Maintenance and Authorization to Siqn Aareement with Barr Enqineerinq Co. for Desian and Construction Coordination of Wirth Lake Outlet- Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager sign the agreement with Barr Engineering Company for professional services related to the Wirth Lake outlet structure. Authorization to Siqn Amended Aareement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Proaram Monitorinq Services Council Member Freiberg had questions about binding a future Council to the agreement if it is determined an upgrade to the inflow/infiltration program is needed. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the City Manager to sign an amended agreement with Short Elliott Hendrickson, Inc. for inflow and infiltration inspection and program monitoring services. *Authorization to Send Letter to Three Rivers Park District Reqardinq Trail Svstem Winter Maintenance MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor to send a letter to Three Rivers Park District requesting that the Park District maintain the Luce Line Trail during the winter months. Second Consideration - Ordinance #477 - Amendment to Section 6.35 Reqardinq Waste Hauler Contract and Licensinq ReQUirements The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 477, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements Rich Baker, Environmental Commission, presented the Commission report. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve on Second Consideration, Ordinance #477, 2nd Series. The vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council December 20, 2011 Page 7 *Receipt of November Financial Reports MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the November 2011 Financial Reports. *Authorization to Siqn Enaaqement Letter with Mallov, Montaque, Karnowski, Radosevich, & Co. for 2011 Audit Services MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2011 audit services for $43,900. *Acceptance of Donations for OnpoinQ Proarams and Other Miscellaneous Donations Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-84 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Waiver of Public Hearinct and Certification of Special Assessments: 2011(B) Pavement Manaaement Pro4ram Drivewavs and 2011(B) Pavement Manaqement Proqram Sanitarv Sewer Repairs Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-85 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2011(B) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. Regular Meeting of the City Council December 20, 2011 Page 8 *Waiver of Public Hearina and Certification of Special Assessments: 2011(B) Pavement Manaqement Propram Drivewavs and 2011(B) Pavement ManaQement Proqram Sanitarv Sewer Repairs - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-86 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2011(B) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 City Clerk. *Appointment to Carinct Youth Recoanition Board MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Council Member Scanlon as the City's representative on the Caring Youth Recognition Board. Human Riqhts Commission Mayor Loomis introduced the agenda item. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-87 RESOLUTION REGARDING CERTAIN ACTIONS AND MEMBERS OF THE GOLDEN VALLEY HUMAN RIGHTS COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Announcements of Meetinas The City Offices are closed on Friday, December 23, 2011 and Monday, December 26, 2011 in observance of Christmas. The City Offices are closed on Monday, January 2, 2012 in observance of New Year's. Regular Meeting of the City Counci! December 20, 2011 Page 9 Announcements of Meetinqs - Continued The next City Council meeting will be held on January 3, 2012 at 6:30 pm. The next Housing and Redevelopment Authority meeting will be held on January 10, 2012 at 6:30 pm. The next Council/Manager meeting will be held on January 10, 2012 immediately following the HRA meeting. Mavor and Council Communications No action and/or discussion took place. Recoqnition of Service - Linda Loomis and Bob Shaffer Council Member Pentel presented Linda Loomis with an engraved pewter bowl and gavel plaque for her service as the Mayor from 2002 to 2011. Council Member Pentel presented Bob Shaffer with an engraved pewter bowl for his service as Council Member from 2004 to 2011. Adiournment The Mayor adjourned the meeting at 8:20 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant G� ���..: _, & r:. City Administration/Council O : � e,/ 763-593-3991 /763-593-8109(fax) �.��..� Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. A. Set Time and Place of Agenda Closing Prepared By Judy Nally, Administrative Assistant Summary At the first meeting of every year the City Council sets the time and place for receipt of any public information for the City Council agenda packet. Recommended Action Motion to set the closing time and place for receipt of public information for inclusion in the Council agenda packet as 4:30 pm on the Wednesday preceding the Council meeting in the City Manager's Office. c� � i����;{, a� ~=: ��N„������ City Administration/Council �� � � � ' �, � 763-593-3991 /763-593-8109 (fax) �,�,, Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. B. Designation of Official Newspaper Prepared By Judy Nally, Administrative Assistant Summary In accordance with Minnesota Statutes the Council must delegate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. Recommended Action Motion to designate the New Hope/Golden Valley SunPost as the official newspaper. �y�2� �. �: �5�� ,u V;A.r. ._ .�k�In _. ° ��� � ➢��5� � :� . �/ P� Finance O •y,. r�rc� N� V 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. C. Designation of Depository for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for city funds approved annually. The attached resolution states the depository, accounts, and signature requirements for each account. Attachments Resolution Designating Depository for City Funds (2 pages) Recommended Action Motion to adopt Resolution Designating Depository for City Funds. Resolution 12-1 January 3, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS WHEREAS, Minnesota Statutes set procedures and require the City Council to designate depositories for City funds; WHEREAS, these statutes allow the City Council to authorize the Accounting Coordinator or Finance Director/Treasurer to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and WHEREAS, Wells Fargo Bank Minnesota, N.A., wires transfer funds to below institutions for investments purchased by the City: Alerus Financial BNC National Bank Central Bank Piper Jaffray Companies RBC-Dain Rauscher Sterne Agee & Leach US Bank Venture Bank Wells Fargo 4M Fund BE IT FURTHER RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: 1. General Checking and Payroll Checking: Mayor or Mayor Pro Tem and Treasurer or Accounting Coordinator Each check requires two (2) signatures. 2. Internal Deposit Funds: (Brookview Golf Course Checking, Motor Vehicle Registration Fund Checking) Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change of authorization and each check shall require two (2) signatures. 3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Motor Vehicle DNR transactions and Brookview Golf Activity): Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change or authorization and each check shall require one (1) signature. Resolution 12-1 - Continued January 3, 2012 4. ACH Transfers: (City of Golden Valley General Account): Will be authorized for the Accountant, Accounting Coordinator or Finance Director/Treasurer for payroll processing created by the Payroll System. 5. ACH Transfers: (City of Golden Valley General Account): Will be authorized for the Utility Billing/Accounts Payable Technician, Accounting Coordinator or Finance Director/Treasurer for such accounts set up on ACH account payment types created by the Utility Billing System. BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above named depositories as necessary and beneficial to the City: City Manager, Finance Director/Treasurer and Accounting Coordinator. The City Clerk is authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth under 2 and 3 above. Shep Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. C�2t,y �������ih�r�,, t�,f �G� ���ii�� ,"' �� ��� � `���° � �� ���� Finance � �� ��� � � 763-593-8013/763-593-8109 fax � ) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. D. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals September 27, 2011 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, September 27, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Nelson called the meeting to order at 7 pm. Those present were Members, Maxwell and Nelson, and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Member Boudreau-Landis was absent. I. Approval of Minutes —August 23, 2011 Regular Meeting MOVED by McCarty, seconded by Maxwell and motion carried unanimously to approve the August 23, 2011 minutes as submitted. II. The Petitions are: 701 Parkview Terrace Kathrvn Sedo, Applicant (11-09-17) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(a) Side Yard Setback Requirements • 11.75 ft. off the required 15 ft. to a distance of 3.25 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a deck Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(a) Side Yard Setback Requirements • .08 ft. off the required 7.3 ft. to a distance of 6.5 ft. at its closest point to the side yard (north) property line. Purpose: To bring the existing garage into conformance with Zoning Code Requirements Hogeboom referred to a site plan of the property and noted that variances were granted in 2003 to bring the existing home into conformance with Zoning Code requirements. A variance was also granted in 2008 which allowed the existing garage to be expanded to 7.3 feet away from the north property line. However, the finished garage ended up being constructed 6.5 feet from the property line instead. Hogeboom explained the applicant's current request to build a deck on the north side of the property line in order Minutes of the Golden Valley Board of Zoning Appeals September 27, 2011 Page 2 to connect an existing walkway in the front and side yards to steps leading to the back yard. McCarty asked about the City's inspection process and how the garage expansion ended up closer to the north property line than allowed. Hogeboom stated that he didn't know how the error wasn't detected during the inspections process. McCarty stated that although it is a relatively insignificant error, it was a large variance to begin with. Nelson agreed. Nelson asked about the setback requirements for sidewalks. Hogeboom stated that any paved surface, including sidewalks, patios, etc. have to be 3 feet away from a property line. Maxwell asked if the proposed deck were a free-standing deck if it would require a variance. Hogeboom stated that if it was less than 8 inches in height it would be considered a patio and not a deck. He added that if it were detached, there would need to be 10 feet of separation between the deck and the house as well. Kathryn Sedo, Applicant, referred to the garage and stated that she thinks the property line angles as it goes toward the back yard so that is why it was built unintentionally closer to the north property line than allowed. She referred to a site plan of the property and explained that there are currently stairs leading down to the very steep back yard that she would like to replace. She stated that she really considers the proposed deck to be more like a landing that would connect the existing walkway to the stairs leading to the back yard. She noted that most of the deck could be considered a patio however; the back end of it becomes too steep requiring it to be taller than 8 inches in height. She stated that she needs the extra space in order to exit the doorway and to have room to get down the stairs. Hogeboom concurred that if proposed deck was less than 8 inches in height it would be considered a patio and would not require a variance. Sedo added that the only reason she needs a variance is because of the steep slope of the property. McCarty asked about the height of the deck at the front, or street side. Sedo said the front of the deck would be step height or approximately 6 to 7 inches in height. She reiterated that in order to connect the walkway to the stairs she needs the deck to be the size proposed. Maxwell asked the applicant if her daughter would be able to use the stairs to access the back yard. Sedo said yes and noted that her daughter can also access the back yard though the walk-out basement inside the house. Nelson asked the applicant how long she has lived in this house. Sedo said they've lived in this house approximately 26 years. Nelson questioned if the deck would still function if it were slightly smaller. Sedo reiterated that they need enough space to make the connection from the front walkway to the stairs and said the deck would be awkward Minutes of the Golden Valley Board of Zoning Appeals September 27, 2011 Page 3 and not as safe or accessible if it were smaller. Maxwell noted that the applicant would still need a variance even if the proposed deck was smaller. Nelson suggested constructing a tiered system. Sedo said the slope is too steep. Hogeboom questioned if changing the grade would potentially have a bigger impact on the neighboring property. Nelson said she would feel more comfortable considering a smaller landing or deck or a variance that would allow the deck to be 5 feet from the property line rather than the 3.25 feet as requested. Sedo reiterated that the proposed size of the deck would be safer and more accessible for everyone using it. Nelson said she is sympathetic to the accessibility issues but anyone who has trouble walking is not going to be able to use the steps anyway and they could still access the back yard through the basement. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Nelson said she understands this is a tough property to work with but she is concerned about how close the proposed deck would be to the north property line. Maxwell stated that if the applicant built a smaller landing instead of a deck they would still need a variance. Hogeboom noted that the applicant could build a 25 square foot landing or a patio 3 feet from the property line without the need for a variance. McCarty said he would feel better considering a variance for the deck to be constructed along the same plane as the garage wall, no closer to the north property line. Nelson agreed. Maxwell said he understands the safety concerns and given the steepness of the property he is more sympathetic toward the request. He said that the applicant is planning on replacing the existing stairs regardless and would need a variance to do any type of deck. He noted that if this were a pre-1982 structure or if it were a flat lot a deck could be located 3 feet from the property line and the applicant wouldn't even require a variance. McCarty said he is not advocating that the variance request be denied. He is advocating that there is enough room to build a deck or landing that would stay within the same plane as the north wall of the existing garage. He said he doesn't see a hardship that wouldn't let the applicant accomplish what she wants to accomplish. Nelson suggested compromising with the applicant and allowing her to build the deck 6.5 feet away from the north property line which would be the same variance given for the garage expansion in 2008. Sedo stated that the proposed deck is "patio height" until it reaches the back 2 feet of the deck because of the steep slope. She stated that she would rather modify her plans and construct the deck along the same plane as the north garage wall than have the variance request denied. Minutes of the Golden Valley Board of Zoning Appeals September 27, 2011 Page 4 MOVED by Maxwell, seconded by McCarty and motion carried unanimously to approve a variance to allow for the construction a deck to be located 6.5 feet at its closest point to the side yard (north) property line. McCarty noted that since the property line along the north may angle slightly he would like to amend the motion to state that the deck should follow the same plane as the existing north side garage wall. The Board agreed. The Board based its decision on the following findings: • The proposal uses the property in a reasonable manner • The proposal won't alter the essential character of the locality • The property has a unique slope MOVED by Maxwell, seconded by McCarty and motion carried unanimously to approve the variance request for .08 ft. off the required 7.3 ft. to a distance of 6.5 ft. at its closest point to the side yard (north) property line to bring the existing garage into conformance with Zoning Code Requirements. III. Other Business No other business was discussed. IV. Adjournment The meeting adjourned at 7:55 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison MINUTES Envision Connection Project Executive Board October 20, 2011 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Sharon Glover, Jim Heidelberg, Helene Johnson, Philip Lund, Marshall Tanick Director Excused: Lynn Gitelis. Cindy Inselmann Directors Absent: Blair Tremere, Dean Penk, Luke Weisberg Guest: Mike Schleif Staff: Sandy Werts. 1. Call to Order The meeting was called to order at 7:10 pm by Mayor Linda Loomis. 2. Approval of Agenda The agenda was approved as presented 3. Approval of the Minutes of September 15, 2011 Motion: Glover moved and Lund seconded the motion to approve the minutes of September 15, 2011 as written. 4. Community Foundation Update No Report 5. Bridge Building Activities • CommonPlace Web Platform — Betsy Avila from CommonPlace Web Platform gave an update on CommonPlace's work to date. She and Jeremy Foreman are in Golden Valley until mid-December to get CommonPlace up and running. There are 135 users as of October 20. The goal is to have community groups have a feed and post something on a weekly basis. Bridge Builders and Envision should establish a feed. Schleif asked what activities can be listed. Avila said access is limited to people who have a Golden Valley address. They can live or work in the city. It is a closed social network. Another outcome is to revitalize community engagement. Jeremy Foreman is taking the lead on non-profits and the faith based community. Schleif is willing to set up the feed and asked what kind of content should be on the site. Suggestions included a summary of the meeting, including highlights and what's coming up. Bridge Builders should be the primary group. • Bridqe Builders i. Quarterly Meeting —The history bus tour was held on September 17. Seventeen people participated. Tanick suggested that the tour could be done again next year to other sites. There were no new people on the tour; however there were participants who do not regularly attend the meetings. ii. Building Participation — Lund would like to see 1% of the city or 200 residents be on the list of Bridge Builders. People could be invited to join Bridge Builders through CommonPlace. When she sends out the thank you notes to the lilac planting volunteers, Werts will include an invitation to sign up on the Bridge Builders list serve on the city website to receive updates on Bridge Builder activities. iii. Next Quarterly Meeting — Suggested locations: LOGIS and Breck. Tanick said Breck has a room with a fireplace. He will check on a Saturday in January for the next meeting. • Lilac Plantinq —Werts said that 67 people planted over 950 trees, lilacs, shrubs and perennials and 470 bulbs on the north and south side of Highway 55 between Douglas Drive and Glenwood Parkway. The seven teams completed the work in record time — less than 31/2 hours. Werts reported that she received a call from the facility manager from TruStone Financial who is unhappy with the trees planted in front of the building. He is concerned that they will block the sign. He is unhappy about the entire planting because it interFeres with the mowing of the grounds. She will take the problem to the Lilac Committee since this is a community initiative. Werts said that she learned when she talked to Todd Carroll that the contract with the state calls for a two year commitment to maintaining the planting areas. • Vallev Volunteer Dav - The first annual Valley Volunteer Day occurred on Saturday October 1. There were four activities. The morning began with the Chalk Art contest at the Golden Valley Library. There were approximately 12 families that took part. In the afternoon around 11 people "busted" buckthorn. It was so successful, the people came back for a second day and completed the site. Other activities included Befriending Birds with four people interested in bluebirds and chimney swifts and about 12 people picked up trash at the Laurel Avenue ponds. • Envision Award -the Envision Award was presented to Don Anderson at the October 18 city council meeting. He was very pleased to receive the award. His entire family was there. Loomis will have a nomination for the Garden Club at the November 18 meeting. Those who can, should come a half hour early to review the application. • Mighty Tidy Day— Loomis reported that two trucks for Bridging were filled at Mighty Tidy Day. Loomis is looking for the names of places that fix bikes. • Garden Club— no report • Farmers Market— no report • Ice Cream Social—no report • Neighbors Helping Neighbors— no report 6. 125 Anniversary Planning • Activities i. 40th Anniversary of Golden Valley Library— October 15 —The mural on literacy completed by students from the Perpich Center for Arts Education was unveiled. Tanick presented his Famous Legal Cases of Golden Valley talk. ii. The celebratory birthday lunch is on December 2. The goal is to have 150 people present. The Golden Valley Rotary is hosting the event. Gary Aiken is chairing the committee. The Hall of Fame inductees will be announced and the time capsule contents will be displayed. iii. Tanick plans to continue the activities into 2012 which is the 125th year. • Monthly Articles on Community Organizations —The September 29 article in the Sun Post featured the VFW. • Next Meeting — October 27 7. New Business • Golden Valley Days — Lund reported that Luke Weisberg has stepped down as chair of the event and Scott Grayson has stepped up. The event will remain one day and will continue at Brookview. Someone is needed to take over the Art Fair. They would like to promote the art and music aspect and try to make the event livelier. Tanick suggested that the Old Time baseball would be a good activity for this event. • Sister City Proposal —Johnson said the group has spent a lot of time looking back. She thinks the group should look forward. Roseville has a sister city in Ireland. She misses the international connection and wonders if there is a way to bring people together. She wondered if there is a Golden Valley in another country. Loomis said there is one in South Africa. Johnson asked what ethnic backgrounds are represented in Golden Valley and how could people be pulled together. Lund asked if CommonPlace could be used to draw people. Add "Going Global" to the agenda for next month. 8. Communications • 125th Anniversary organization article — reported under 125th activities. 9. Recruitment of Members to Executive Board 10.Upcoming Meetings — November 17 and December 15 — Brookview Conference room 11.Adjournment The meeting adjourned at 8:56 pm. ������t��.� �t ,�,�.�-.;��s � Planning 0 ����� 1ri, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. F. Accepting Donation of Vacant Lots - 3015 and 3025 June Avenue North Prepared By Joe Hogeboom, City Planner Summary Patrick J. Lyons, former trustee for the vacant lots located 3015 and 3025 June Avenue North, has donated the property to the City. Because of the lack of public infrastructure serving the lots, and difficulty in providing public access to the lots, it is within the interest of the City to control the land. Hennepin County has assessed a $3,000 land value to each lot in 2011. The lots are located in a ravine adjacent to Robbinsdale's Sochacki Park, and will be retained as open space. Attachments Location Map (1 page) Resolution Accepting Donation of Vacant Properties - 3015 June Avenue North (PID 07-029- 24-42-0008) and 3025 June Avenue North (PID 07-029-24-42-0007) (1 page) Recommended Action Motion to adopt Resolution Accepting Donation of Vacant Properties - 3015 June Avenue North (PID 07-029-24-42-0008) and 3025 June Avenue North (PID 07-029-24-42-0007). 3015 and 3025 June Avenue North �{ ' 7115 3111 � ___,_}-- _ , � W OD 3101 i �i 5100 ; • � � ' � ' ; .�_.__ , 4 _ _ �, , i . _ _ Da6 i6i9 �� '�I �pN � , � { ; �----- i ____ � , j016. �' 3077 }i ; � 70�R i i ! � _—_ i —� ' � __ � � -- �024 i 3025 �I 3 0 Z 5 � -----a � 101� I 3000 �'____'oo, �� I { 3015 ,' . � I � �oao ' f _'._- , Ia�t p,�Ra - �_ • I -___ --- _ I, , 2940 i ��� I ������ �. , I _"'" � _ �I i �-1 i � { • � 938 29�7 � I ' I9�6 ' /YqrlA Ritr � ( . ; _ __+_--�{ -----___� � � i i = � �2a 2925 � Zyy4 � __..----� : ..... , � 12 241� Y � 291� � 9 '� . � , ._ , � i t901 p20 4300 _ � , � �� Resolution 12-2 January 3, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION OF VACANT PROPERTIES 3015 JUNE AVENUE NORTH (PID 07-029-24-42-0008) AND 3025 JUNE AVENUE NORTH (PID 07-029-24-42-Q007) WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Cauncil by resolution and be approved by a two-thirds majority of the Council; and WHEREAS, the real property consisting of Lots 10 and 11, Block 2, Noble Grove has been deeded to the City of Golden Valley for donation by Patrick J. Lyons, Trustee of The Lyons Family Trust; and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donation: Lot 10 - 3015 June Avenue North (PID 07-029-24-42-0008) Lot 11 - 3025 June Avenue North (PID 07-029-24-42-0007) Shep Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �P� �= ��°.���u�u��. . ^ ` .. ��. 0 �� �r" a e Fire Department � 763-593-8079/763-593-8098 (fax) yP�EYy� Executive Summary for Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. G. Authorization to Sign Contract Renewal with Embedded Systems, Inc. for Outdoor Warning Siren Maintenance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Embedded Systems, Inc. has provided, for the past several years, service and maintenance of the seven outdoor sirens located within the City. The maintenance contract renewal fee for 2012 is $41.84 per siren, per month, for a total of$3,514. This expenditure is included in the 2012 budget (1346.6382). Attachments 2012 Contract Renewal (1 page) Siren Master List (1 page) Recommended Action Motion to authorize the City Manager to sign the 2012 contract renewal with Embedded Systems, Inc. for outdoor warning siren maintenance for $3,514. �m�����d � �.t�m�., �n�. µ Tel.(763)757-3596 1193 i Hwy 65 NE, Minneapoiis, MN 55434 F�;(763)767-2817 www.embedsys.com j burgett@embedsys.com Contract Renewal October 14,2011 Golden Va11ey Civil Defense Mark Kuhnly 7800 Golden Valley Rd. Golden Va11ey,MN 55427 We are at the end of another tornado season. Embedded Systems,Inc.has provided our best service toward maintaining the tornado sirens for your city for the past several yeazs. We would be very pleased to con#inue to provide Tornado Siren Main#enance for your city. The Monthly Siren Maintenance Fee far 2012 will be 541.84 per siren,per month. This upcorning year we are expecting an increase for Time and Materials Charges. The Time(Labor)for repair will be$90.00/hour including travel time. The decoder batteries for your city are scheduled to be replaced in 2013 for preventive maintenance. Battery replacement will occur once every 2 years for Hennepin and Ramsey County and once every three years for Anoka County for all units maintained by Ernbedded Systems under the original maintenance agreement, inciuding those batteries which may have been replaced since the last scheduled replacement because of fai:lure. We are asking that you please sign and return this contract renewal to us before November 15th,2011 to enable us to continue to provide our best service through the end of 2012. Feel free to fax the signed contract renewal to(763) 767-2817 or email it to jbur�tt(cr�,embeds s.� corn. Thank you for your business and we look forwazd to servicing your needs through the ne�year. If you have any questions feel free to contact me directly. Thank you, Julie Burgett Embedded Systems, Inc. Contract terms accepted: Signature Date Phone Email For continua.tion of services through the end of the yeaz 2012 Tornado Sirens Master List �i��<# �.ocation G�Iden Valley 1 78�0 Gofden Vaiiey Road 2 2601 Noble Ave. hl 3 G00 Zane Ave. N. 4 S10t3 �l m ia St. 5 710� Sandburg Rd. 6 Sk line Dr. 7 3901 Glenwood Ave. Updated 9/26/2011 �������s. Cl ,���, � � �`� �� /� � Finance � ���� � � � N� � 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 4. H. Approval of Use of Credit Cards for Purchases Prepared By Sue Virnig, Finance Director Summary The City currently uses store issued credit cards for purchases at BP Amoco, Northern Tool, Sears, SuperAmerica and Home Depot. These stores will not accept City purchase orders. The credit cards are kept in the Finance Department and given out to employees for purchases that have been previously approved by the appropriate supervisor. There is an exception to the rule for the Operations Commander who will have control of one card from BP Amoco and SuperAmerica for emergencies only. While Menards is closed, the Public Works Maintenance Manager will have access to the Home Depot card. The payment of credit card charges is included on the bi-monthly check registers approved by the City Council. The City does not issue individual credit cards, such as Visa and MasterCard, to employees. The Legislature has authorized the use of credit cards by cities, but the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City. Therefore, I am recommending that the City Council authorize the use of the above credit cards by any City employee, who has received the prior approval of the appropriate supervisor to do so. Recommended Action Motion to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor. �� �y���"pua ,iy��fl4.. `�. . :".:�« • � � � � = City Administration/Council O ?. ��� �, e 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 7. A. 1. Reset Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary Each year the City Council reviews the calendar and resets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be reset: � City Council Meeting: February 7 - Precinct Caucus August 7 - National Night Out September 18 - Rosh HaShanah November 6 - Election Day Council/Manager Meeting: February 14 - Valentine's Day August 14 - Primary Election Recommended Action Motion to reset the following City Council meeting dates: February 7 to Wednesday, February 8 August 7 to Wednesday, August 8 September 18 to Wednesday, September 19 November 6 to Wednesday, November 7 Motion to reset the following Council/Manager meeting dates: February 14 to Wednesday, February 15 August 14 to Wednesday, August 15 � � =.: �� 4 ` °�; O`�u � City Administration/Council �, e 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 7. A. 2. Set Date for Council/Staff Workshop Prepared By Thomas Burt, City Manager Summary The Council usually sets a date for a Council/Staff Workshop to discuss goal setting for the Council. Recommended Action Motion to set the Council/Staff Workshop for Saturday, January 21, 2012 from 9 am to 2 pm at the Brookview Grill. /Y� :.,m. .�.iE � k,l � F ��. s S2 �H� (��� sr` �' y T j COUIICI� 0 r� e 763-593-3990/763-593-8109 (fax) ����- Executive Summary For Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 7. C. 1. Council Appointments: Assistant Weed Inspector Prepared By Shep Harris, Mayor Summary By State Statute (MS 18.80), "The supervisors of each town board and the mayor of each city shall act as local weed inspectors within their respective municipalities." However, state law allows the city to appoint an assistant weed inspector to act on behalf of the municipality. The appointed assistant (or assistants) has the power, authority, and responsibility of the mayor in the capacity of weed inspector. I nominate Joshua Kunde, who is the city's Fire/Property Maintenance Inspector, to serve as the Assistant Weed Inspector. Recommended Action Motion to appoint Joshua Kunde as the Assistant Weed Inspector for a one-year term. �t� �t � � �a ��� ��������� : City Administration/Council O �� �, e 763-593-8003 I 763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting January 3, 2012 Agenda Item 7. C. 2. Council Appointments: Housing and Redevelopment Authority Commissioners Prepared By Thomas Burt, City Manager Summary State Statutes allow the City Council to appoint its members as Commissioners of the Housing and Redevelopment Authority. Recommended Action Motion to appoint the following City Council Members as Commissioners of the Housing and Redevelopment Authority, with terms concurrent with tenure on the City Council: Shep Harris Mike Freiberg Joanie Clausen