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06-18-13 CC Minutes Regular Meeting of the City Council June 18, 2013 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 June 18, 2013 at 6:30 pm. The following members were present: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledge of Alleqiance The Pledge of Allegiance was recited. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of June 18, 2013 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of June 18, 2013 as amended: removal of Minutes of Boards or Commissions - Planning Commission - May 13, 2013; and Receipt of May 2013 Financial Reports. *Approval of Minutes - Citv Council Meetinq - April 16, 2013 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of April 16, 2013 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City as submitted. *Solicitor's License - Greta Zavitska'�nd Iwona Utnicka for Southwestern Advantaqe MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Greta Zavitskaja and Iwona Utnicka for Southwestern Advantage. *Solicitor's License - Vision Security MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Vision Security. Regular Meeting of the City Council June 18, 2013 Page 2 *Gamblinq License Exemption and Waiver of Notice Requirement - Leech Lake Leqacy MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Leech Lake Legacy. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Human Services Fund - May 13, 2013 Joint Water Commission - May 1, 2013 *Minutes of Boards and Commissions Mayor Harris congratulated John Kluchka for being elected the new Chair of the Planning Commission and thanked Cathy Waldhauser far serving as Chair. Mayor Harris had questions regarding solar energy systems. Staff will determine if there is an interest in the Environmental Commission discussing solar energy systems. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the Planning Commission minutes for May 13, 2013. *Squad Car - Quote MOVED by Pentel, seconded by Scanlon and motion carried unanimously ta purchase through the Minnesota Materials Management Division, one 2014 Ford Police Marked Interceptor all-Wheel Drive Sedan from Nelson Auto Center for $29,896.61. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Receipt of Mav 2013 Financial Reports Mayor Harris had questions regarding the Bassett Creek revenues and capital purchases. Sue Virnig, Finance Director answered questions from the Council. MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to receive and file the May 2013 Financial Reports. Regular Meeting of the City Council June 18, 2013 Page 3 *Approval of Amendinq the North Wirth Tax Increment District No. 3 to Discontinue the Collection of Increment Generated from Certain Parcels Member Pentel introduced the following resolutian and moved its adoption: RESOLUTION 13-51 RESOLUTION AMENDING THE NORTH WIRTH DISTRICT NO. 3 TAX INCREMENT FINANCING DISTRICT T� DISCONTINUE THE COLLECTION OF INCREMENT GENERATED FROM CERTAIN PARCELS The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the fotlowing voted in favor thereof: Harris, Pentel, Scanlon and Schmidgalt; and the following was absent: Clausen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Approval of Continuinq the Envision Connection Proiect Executive Board and Bvlaws Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-52 RESOLUTION CONTINUING THE ENVISION CONNECTION PROJECT EXECUTIVE BOARD 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: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Gity Clerk. *Authorization to Submit Application to MnDOT for Metro Municipal Aqreement Proqram - Douqlas Drive/Countrv Club Drive/TH 55 Intersection Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13 -53 RESOLUTION AUTHORIZING A MINNESOTA DEPARTMENT OF TRANSP4RTATION MUNICIPAL AGREEMENT PROGRAM SUBMITTAL FOR INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE/DOUGLAS DRIVE (CSAH 102) AND TRUNK HIGHWAY 55 Regular Meeting of the City Council June 18, 2013 Page 4 *Authorization to Submit Application to MnDOT for Metro Municipal Aqreement Proqram - Douqlas Drive/Countrv Club Drive/TH 55 Intersection - Continued 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: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the fallowing voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Submit Application to MnDOT for Metro Municipal Aqreement Proqram -Winnetka Avenue and TH 55 Intersection Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-54 RESOLUTION AUTHORIZING A MINNESOTA DEPARTMENT OF TRANSPORTATION MUNICIPAL AGREEMENT PROGRAM SUBMITTAL FOR INTERSECTION IMPROVEMENTS AT WINNETKA AVENUE AND TRUNK HIGHWAY 55 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: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Public Hearinq - 2012 National Pollution and Discharqe Elimination Svstem (NPDES) Phase ll - Storm Water Pollution Prevention Proqram, Annual Report to Minnesota Pollution Control Aqencv Eric Eckman, Public Works Specialist, presented the staff report 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 clased the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-55 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN Regular Meeting of the City Council June 18, 2013 Page 5 Public Hearinq - 2012 National Pollution and Discharqe Elimination System (NPDES) Phase II - Storm Water Pollution Prevention Proqram, Annual Report to Minnesota Pollution Control Aqencv - Continued 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: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk, Public Hearinq - Portions of Drainaqe, Utilitv and Walkwav Easement Vacations - The Colonnade - PUD #53 - Arcata Apartments Jeannine Clancy presented the staff report 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-56 RESOLUTION VACATING PORTIONS OF A DRAINAGE AND UTILITY EASEMENT AND WALKWAY EASEMENT IN THE PLAT OF THE COLONNADE P.U.D. NO. 53 The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the following voted against the same: none, whereupon said resofution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Second Consideration - Ordinance #499 -Amendinq Section 10.32 Reqardinq Definition of Animals and Keepinq of Chickens The following ordinance was MOVED by Pentel, seconded by Schmidgall: ORDINANCE NO. 499, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens Eric Seaburg, EIT, Engineer, presented a staff report and answered questions from the Council. Jeannine Clancy and Thomas Burt answered questions from the Council. Regular Meeting of the City Council June 18, 2013 Page 6 Second Consideration - Ordinance #499 - AmendinA Section 10.32 Reqardinq Definition of Animals and Keepina of Chickens - Continued MOVED by Scanlon, seconded by Harris and motion failed to add Section 11. This ordinance will sunset in five years. Council Members Harris, Pentel and Schmidgall voted no. MOVED by Scanlon, seconded by Harris and motion failed to add the following condition: Subdivision 3 (C)(11). Once the chicken coop is no longer in use for its intended purpose or the license is not renewed the chicken coop must be removed. Council Members Harris, Pentel and Schmidgalt voted no. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to approve on Second Consideration, Ordinance #499, 2nd Series Upon a roll call vote, the vote was as follows: CLAUSEN - ABSENT HARRIS - YES PENTEL - YES SCANLON - NO SCHMIDGALL - YES Second Consideration - Ordinance #500 -Amendment to the 2013 Master Fee Schedule - Chicken Coop License and Initial Investiqation The following ordinance was MOVED by Schmidgall, seconded by Pentel: ORDINANCE NO. 500, 2ND SERIES AN ORDINANCE AMENDING THE CITY CQDE Amendment to the Master Fee Schedule for Chicken Coop License and Initial Investigation Sue Virnig, Finance Director, presented the staff report and answered questions from the Council. MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to approve an Second Consideration, Ordinance #500, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN -ABSENT HARRIS - YES PENTEL - YES SCANLON - NO SCHMIDGALL - YES Approval of Wine On-Sale (Includinq Stronq Beer) and Non-intoxicatinq Malt Liquor - Nonq's Thai Cuisine Inc. Sergeant Roberts presented the staff report and answered questions from the Council. Regular Meeting of the City Council June 18, 2013 Page 7 Approval of Wine On-Sale (Includinq Stronq Beer) and Non-intoxicatinq Malt Liquor - Nonq's Thai Cuisine Inc. - Continued MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the issuance of a Wine On-Sale (including strong Beer) and Non-Intoxicating Malt Liquor license to Nong's Thai Cuisine Inc., located at 2520 Hillsboro Avenue North in the Sunny Hollow Shopping Center. Authorizinq Reportinq Requirements for Local Performance Measurement Proqram Sue Virnig, Finance Director, presented the staff report and answered questions from the Council. Thomas Burt answered questions from the Council. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-57 RESOLUTION AUTHORIZING REPORTING REQUIREMENTS FOR THE LOCAL PERFORMANCE PROGRAM 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: Harris, Pentel, Scanlon and Schmidgall; and the following was absent: Clausen and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Announcements of Meetinqs The Fire and Police Open House is June 19, 2013 from 6 to 8 pm at all Police/Fire buildings. A Beyond the Yellow Campaign meeting will be held on June 19, 2013 at 7 pm at the Crystal Community Center. A Bassett Creek Water Management Commission will be held on June 20, 2013 at 11:30 am. The Fire Relief Association Street Dance will be held on June 22, 2013 at 5 pm at the Chester Bird American Legion. A Bassett Creek Water Management Commission tour will be held on June 24, 2013 from 1 to 4 pm leaving from Golden Valley City Hall. A Concert in the Park featuring the Axis Mundi will be held on June 24, 2013 at 7 pm at Brookview Park. The first newly appointed Human Rights Commission will be held on June 25, 2015 at 7 pm. Regular Meeting of the City Council June 18, 2013 Page 8 Announcements of Meetinqs - Continued A Neighborhood Meeting will be held on June 25, 2Q13 at 7 pm at Cavenant Village, 5800 St. Croix Avenue North. The Board/Commission Recognition Dinner will be held on June 27, 2013 at 6:30 pm at the Brookview Community Center. The next City Council meeting will be held on July 2, 2013 at 6:30 pm. A Citizenship Ceremony will be held on July 4, 2013 at 10:30 am at City Hall. The Council will discuss the board/commission status on July 2, 2013 immediately following the Council Meeting. A Hiawatha Light Rail Transit Tour will be held on July 27, 2013 at 8:30 am and residents can contact the Planning Department if they are interested in attending. Mayor and Council Communication The Council will not conduct any Neighborhood Meeting in July and August. The Council will discuss the process for establishing Neighborhood Meetings at the July Council/Manager meeting. The Council will discuss at a future Council/Manager meeting setting limits on selection of board/commission Chair and Vice-Chair appointments. The Council will begin discussing the 2014-2015 budget at the July through December Council/Manager meetings. Adiournment MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to adjourn the meeting at 7:47 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant