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07-02-13 CC Minutes Regular Meeting of the City Council July 2, 2013 Pursuant to due call and notice thereof, a regular meeting of the City Gouncil of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on July 2, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Jack Sullivan, Acting City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Global Golden Vallev Citizenship Ceremony Jeanne Iverson, Global Golden Valley, reviewed the events scheduled for the Citizenship Ceremony and background information about Global Golden Valley. Council Member Schmidgall provided background about the Declaration of Independence. Breck School Traffic Presentation Jeannine Clancy introduced the agenda item and answered questions from the Council. Mark Ray, PE, Street Maintenance Supervisor presented the staff report and answered questions from the Council. Abby Erdmann, Breck Student, presented a PowerPoint presentation on distracted driving of vehicles coming from and leaving Breck school and answered questions from the Council. The Council thanked Ms. Erdmann for her presentation. Leqislative Update - State Representative Mike Freiberq State Representative Mike Freiberg presented a Legislative update and answered questions from the Council. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of July 2, 2013 as amended: Addition of Therapeutic Massage Certificate - Isaac Randolph Glover. Regular Meeting of the City Council July 2, 2013 Page 2 Approval of Consent Aqenda MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the agenda of July 2, 2013 as amended: Addition of Therapeutic Massage Certificate - Isaac Randolph Glover. *Approval of Minutes - Council/Manaqer Meetinq - Mav 14, 2013 MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the Council/Manager Meeting minutes of May 14, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority as submitted. *General Business Licenses MOVED by Schmidgall, seconded by Clausen and motion carried unanimausly to authorize the issuance of license as recommended by staff. *Solicitor's License -American Exteriors, LLC MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the solicitor's license for American Exteriors, LLC. *Therapeutic Massaqe Certificate - Isaac Randolph Glover MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Isaac Randolph Glover at Massage Envy, 7704 Olson Memorial Highway. *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - May 28, 2013 Bassett Creek Watershed Management Commission - May 16, 2013 Cifiy Hall Parkinq Lot Overlav - Bids Council Schmidgall stated he has worked with the low bidder in the past and had good success with them. Thomas Burt and Jeannine Clancy answered questions from the Council. Regular Meeting of the City Cauncil July 2, 2013 Page 3 City Hall Parkinq Lot Overlay - Bids - Continued MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to award the bid for the city hall asphalt parking lot overlay to the lowest responsible bidder, Northwest Asphalt, Inc. for the base bid and alternate bids 1, 2, and 3 in the amount of $325,961.50. The bids are as follows: Northwest Asphalt, Inc. $325,961.50 Bituminous Roadways, Inc. $347,431.45 *Approval of Conditional Extension for Filinq of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Hiqhwav 100 - Duke Realtv, Applicant MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 1 Q7 until December 29, 2013, subject to the following conditions 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station, the force main alignment, and all other appurtenances needed for the construction of the 1-GV-461 force main within the vicinity of the Duke properky. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES deterrr�ines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. 4. Duke shall demonstrate to the City of Golden Valley its gaod faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. If Council finds that adequate progress is being made to meet the terms of the PUD, the Council may permit the extension of the PUD preliminary approval to continue for the remaining approximate 120 days. Regular Meeting of the City Council July 2, 2013 Page 4 *Approval of Environmental Response Fund Grant from Hennepin Countv for 2913 Orchard Avenue North Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-59 RESOLUTION APPROVING USE OF ENVIRONMENTAL RESPQNSE FUND GRANT FROM HENNEPIN COUNTY BY COMMUNITY INVOLVEMENT PROGRAMS FOR PROPERTY LOCATED AT 2913 ORCHARD AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Siqn Aqreement with State of Minnesota for Auto Theft Prevention Grant for Automatic License Plate Reader Svstem MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the State of Minnesota Grant Contract for funds to acquire an Automatic License Plate Reader system. *Acceptinq Emerqencv Water Su�plv Preliminarv Desiqn and Feasibilitv Studv and Proceed with Financinq Plan and Developinq Plans and S,�ecifications Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-60 RESOLUTION ACCEPTING EMERGENCY WATER SUPPLY PRELIMINARY DESIGN AND FEASIBILITY STUDY; DIRECTING STAFF TO PROCEED WITH FINANCING PLAN AND DEVELOPING PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; 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. *Notification Reqardinq Exception to Noise Ordinance for the MCES Reliever Proiect MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to receive notification that the MCES 1-GV-461 Reliever Project will exceed the construction hours of 7 am to 10 pm. Regular Meeting of the City Council July 2, 2013 Page 5 Authorization to Siqn with Contract Extension with Tim's Tree Service for Storm Brush Pick-up Services Council Member Pentel requested that in the future when any amendments of contracts or agreements come back to the Council for approval that a copy of the original agreement or contract be included in the background material. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously ta authorize the Mayor and City Manager to sign the Amendment to the Contract 12-07 for the 2013 spring brush pick-up program with Tim's Tree Service, Inc. for storm brush pick-up services for $80,000. Authorization to Siqn Amended Patrol Officer (LELS Local #27) Labor Aqreement Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-61 RESOLUTION AMENDING THE LABOR AGREEMENT BETWEEN POIICE OFFICERS (LELS LOCAL #27) AND THE CITY OF GOLDEN VALLEY 2012 - 2013 The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Authorization to Siqn Contract with Madison National Life Insurance Company, Inc. for Lonq Term Disability Insurance Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-62 RESOLUTION APPROVING CONTRACT WITH MADISON LIFE NATIONAL INSURANGE COMPANY, INC. FOR LONG TERM DISABILITY INSURANCE The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council July 2, 2013 Page 6 *Modifyinq 2013 General Waqes and Salarv for Police Lieutenan# Positions Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-63 RESOLUTION MODIFYING 2013 GENERAL WAGES AND SALARY FOR NEW FOLICE LIEUTENANT POSITIONS The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; 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. *Amendinq Reportinq Requirements for Local Performance Measurement Proqram Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-64 RESOLUTION AUTHORIZING REPORTING REQUIREMENTS FOR THE LOCAL PERFORMANCE PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; 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 - Ordinance #501 - Conditional Use Permit 133 - 8851 7th Avenue North - Sweet Cream Properties Golden Vallev, LLC (Culver's1, Ap�licant The following ordinance was MOVED by Pentel, seconded by Schmidgall: ORDINANCE NO. 501, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 133 8851 7th Avenue North Sweet Cream Properties Golden Valley, LLC (Culver's), Applicant Brett Angel, Planning Intern, presented the staff report and answered questions from the Council. Joe Hogeboom, City Planner and 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. Regular Meeting of the City Council July 2, 2013 Page 7 Public Hearinq - Ordinance #501 - Conditional Use Permit 133 - 8851 7th Avenue North - Sweet Cream Properties Golden Valley, LLC (Culver's1�Applicant - Continued Julie Peterson, Applicant/Co-owner; and Chris McGuire, McCon Building Corp.; reviewed plans for the restaurant and answered questions from the Council. The Mayor closed the public hearing. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to adopt Ordinance #501, 2nd Series as amended: Condition 7: Bicycle parking shall be provided on site; and Condition 8: The property owner shall construct a public sidewalk along 7th Avenue North at the time of development of the site. The property owner shall enter into a Waiver of Assessment with the City for construction of a sidewalk along Decatur Avenue North prior to issuance of the Certificate of Occupancy. The property owner will enter into a maintenance agreement with the City for maintenance of the sidewalk. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Wine On-Sale and Non-Intoxicatinq Malt Liquor License Renewal Jim Robert, Sergeant, presented the staff report. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to apprave the renewal of the Wine On-Sale (including strong beer) and Non-Intoxicating Malt Liquor for Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger for the 2013-2014 license term. Wine On-Sale (Includinq Stronq Beer) and Non-intoxicatinq Malt Liquor - CCP LLC d/b/a Mort's Deli Jim Roberts, Sergeant, presented the staff report during consideration of the previous item. MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to approve the issuance of a Wine On-Sale (including strong Beer) and Non-Intoxicating Malt Liquor license to CCP LLC d/b/a Mort's Deli, located at 525 Winnetka Avenue North. Regular Meeting of the City Council July 2, 2013 Page 8 Off-Sale Liquor - San Antonio Farms LLC d/b/a MGM Liquor Warehouse Jim Roberts, Sergeant, presented the staff report during consideration of the previous item. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the issuance of an Off-Sale Liquor License to San Antonio Farms LLC d/b/a MGM Liquor Warehouse, located at 7702 Olson Memorial Highway. Announcements of Meetinqs The Council will discuss the board/commission status an July 2, 2013 immediately following the Council Meeting. The City Offices are closed on July 4, 2013 in observance of Independence Day. A Citizenship Ceremony will be held on July 4, 2013 at 10:30 am at City Hall. A Concert in the Park featuring the Rum River Brass will be held on July 8, 2013 at 7 pm at Brookview Park. The next Housing and Redevelopment Authority meeting will be held on July 9, 2Q13 at 6:30 pm. The next Council/Manager meeting will be held on July 9, 2013 immediately following the HRA meeting. Some Council Members may attend the Beyond the Yellow Ribbon Quad Cities Steak Dinner on July 10, 2013 from 5 to 7 pm at the Crystal VFW. A Concert in the Park featuring the Robbinsdale City Band will be held on July 11, 2013 at 7 pm at Brookview Park. The Human Services Fund Golf Classic will be held on July 12, 2013 at 8 am at the Brookview Golf Course. The Ice Cream Social and Concert in the Park featuring the John Philip Sousa Band will be held on July 15, 2013 at 7 pm at Brookview Park. The next City Council meeting will be held on July 16, 2013 at 6:30 pm. 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. Staff will check into videotaping the tour. Regular Meeting of the City Council July 2, 2013 Page 9 Mayor and Council Communication Thomas Burt reviewed the topics for the July Council/Manager agenda meeting. The Council discussed the process for reviewing the budget. The Council by consensus determined that if Council Members wanted to add items to the budget they should do so at the beginning of the process when staff provides the budget overview and/or when individual department budgets are discussed. Thomas Burt and Jeannine Clancy presented an update on the June storm damage, water system and clean-up efforts. Mayor Harris stated that a meeting of the Mayors and City Managers of the cities of Crystal, Golden Valley, New Hope, Robbinsdale and St Louis Park will meet with Xcel Energy to discuss the recent storms, future developments and communications. Council Member Clausen thanked Council Member Scanlon and the Golden Valley Federated Women's Club for the installation of the new electronic reader board. Council Member Clausen updated the Council on the neighborhood meeting held with Covenant Village. Council Member Scanlon updated the Council the first Human Rights Commission. Mayor Harris stated the SunPost has invited the Mayors of Golden Valley and New Hape to pen a bi-monthly column and uvould welcome suggested topics for the column. Thomas Burt discussed the parameters for declaration af the city's offiicial newspaper. Adiournment MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 7:37 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant