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12-17-13 CC Minutes Regular Meeting of the City Council December 17, 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 December 17, 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; Allen Barnard, City Attorney; and Lisa Wittman, Administrative Assistant. Pledqe of Alleqiance Don Anderson, Secretary of the Golden Valley Historical Society, led the Council in reciting the Pledge of Allegiance and shared a few remarks about the founding of Golden Valley. Peopte Respondinq in Socia) Ministrv (PRISM) Presentation Michelle Ness, Executive Director, reviewed programs and services offered through PRISM and answered questions from the Council. The Council thanked Ms. Ness for the presentation and for PRISM's work. Approval of Aqenda Thomas Burt amended the agenda to include the additian of a General Business License. MQVED by Scanlon, seconded by Pentel and motion carried unanimausly to approve the agenda of December 17, 2013 as amended: addition of General Business Licenses - #6774 San Antonio Farms d/b/a MGM Liquor Warehouse, Cigarettes/Tobacco. A�proval of Consent Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of December 17, 2013 as amended: addition of General Business Licenses - #6774 San Antonio Farms d/b/a MGM Liquor Warehouse, Cigarettes/Tobacco; and removal of Minutes of Boards or Commissions - Envision Connection Project Executive Board - October 17, 2013; and Informal Petition from Laurel Hills East, 5901 Laurel Avenue, Regarding Railroad Crossing Quiet Zone. *Approval of Minutes - Council/Manaqer Meetinq - September 10, 2013 MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the Council/Manager Meeting minutes of September 10, 2013 as submitted. Regular Meeting of the City Council December 17, 2013 Page 2 *Approval of Check Register MOVED by Scanlon, 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 Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Citv Gamblinq Licenses MOVED by Scanlon, seconded by Clausen 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. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - October 28, 2013 Human Rights Commission - October 22, 2013 Joint Water Commission - September 4, 2013 Open Space and Recreation Commission - September 23, 2013 Joint Environmental and Open Space and Recreation Commission - October 28, 2013 Minutes of Boards and Commissions - Envision Connection Proiect Executive Board - October 17, 2013 Council Member Pentel questioned the discussion regarding the budget for the community center assessment including a survey to gauge community interest from greenway ideas. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the Envision Gonnection Project Executive Board minutes of October 17, 2013. *MT Trackless Trailer and Attachments - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase one Trackless MT Tractor through the Minnesota Materials Management Division, from MacQueen Equipment Company, Inc. for $126,092.50. Regular Meeting of the City Council December 17, 2013 Page 3 *Police SUV - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase a Ford Police Interceptor Utility Vehicle, through the State of Minnesota Squad Car Contract, from Nelson Auto Center for $32,915.82. *F550 Cab and Chassis Truck - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase a Ford F550 cab and chassis truck, through the State of Minnesota Light Truck contract from Midway Ford for $41,505.48. Informal Petition from Laurel Hills East, 5901 Laurel Avenue, Reqardinq Railroad Crossinq Quiet Zone Council Member Clausen asked for further clarification on what the informal petition might mean to the residents of Laurel Hills. MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the informal petition dated November 21, 2013 from Robert and Carolyn Papke and request staff to place the item on a future Council/Manager meeting for discussion. *Authorization to Siqn First Amendment to Aqreement for Animal Pound Services with City of Robbinsdale MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the First Amendment to Agreement for Animal Pound Services with the City of Robbinsdale for 2014-2015. *Authorization to Siqn Aqreement with Soiourner Proiect Inc. for pomestic Assault Intervention Services MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the 2014 Intervention Services Agreement with Sojourner Project, Inc. for domestic assault intervention services. *Acceptance of Donations for Onqoinq Proqrams and Oth__er_Miscellaneous Donations Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-109 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS Regular Meeting of the City Council December 17, 2013 Page 4 *Acceptance of Donations for Onqoinq Proqrams and Other Miscellaneous Donations - Continued 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. *Receipt of November 2013 Financial Reports MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the November 2013 Financial Reports. *Authorization to Siqn Engaqement Letter with Mallov, Montaque, Karnowski, Radosevich, & Co. for 2013 Audit Services MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the City Manager to sign Engagement Letter with Malloy, Montaque, Karnowski, Radosevich & Co., P.A. for the 2013 audit services for $43,900. *Amendments to 2013 General Fund Budqet and Transferrinq Funds from Buildinq Fund to Park Improvement Fund Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-110 RESOLUTION AMENDING THE 2013 BUDGET OF THE GENERAL FUND 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. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-111 RESOLUTION AUTHORIZING THE TRANSFER OF $150,000 FROM THE BUILDING IMPROVEMENT FUND TO THE PARK IMPROVEMENT FUND The motion for the adaption 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 December 17, 2013 Page 5 *Approval of 2014 General Waqes and Salaries for Non-union Personnel Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-112 RESOLUTION ESTABLISHING 2014 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL 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 - Easement Vacations - Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition - 5400 and 5430 Glenwood Avenue Jeannine Clancy 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 Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-113 RESOLUTION VACATING EASEMENTS IN MEADOWBROOK SCHOOL P.U.D. NO. 90 AND MEADOWBROOK SCHOOL ADDITION (5400 AND 5430 GLENWOOD AVENUE) 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: 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 #513 - Final Desiqn Plan Approval - PUD #113 - The Xenia - Slosburq Company, Applicant The following ordinance was MOVED by Schmidgall, seconded by Clausen: ORDINANCE NO. 513, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development The Xenia, P.U.D. No. 113 Slosburg Company, Applicant Regular Meeting of the City Council December 17, 2013 Page 6 Public Hearinq - Ordinance #513 - Final Desiqn Plan Approval - PUD #113 - The Xenia - Slosburq Company, Applicant - Continued Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Jerry Kavan, Applicant, reviewed his plans 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. MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to adopt Ordinance #513, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Drainaqe, Street and Utilitv Easement Vacations - Reqistered Land Survev No. 661 - 700 and 800 Xenia Avenue South - The Xenia Apartments Jeannine Clancy intraduced 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 Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-114 RESOLUTION VACATING EASEMENTS IN REGISTERED LAND SURVEY NO. 661 (700 AND 800 XENIA AVENUE SOUTH) 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: 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 - Preliminarv Plat Approval - Eldridqe 7th Addition - 4824 Triton Drive - A.K.A.R.E. Companies LLC, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the CounciL Regular Meeting of the City Council December 17, 2013 Page 7 Public Hearinq - Preliminarv Plat Approval - Eldridqe 7th Addition - 4824 Triton Drive - A.K.A.R.E. Com.panies LLC, Applicant - Continued Rob Eldridge, Applicant, reviewed his plans 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. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Preliminary Plat for Eldridge 7th Addition, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee in the amount of $880 shall be paid prior to final plat approval. 3. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the Engineering Department's memo dated December 11, 2013. 4. The recommendations and requirements outlined in the memo from the Engineering Department to Mark Grimes, Community Development Director dated December 11, 2013 shall become a part of this approval. 5. Approval is contingent on the approval by the City Council of a Minor PUD Amendment for Eldridge 3rd Addition PUD No. 109 which adds Outlot A from PUD No. 109 to Eldridge 7th Addition. 6. This amendment keeps Lot 5, Eldridge 3rd Addition PUD No. 109 within the PUD. Eldridge 7th Addition will only be a two lot subdivision comprising the 4824 Triton Drive parcel and Outlot A of Eldridge 3rd Addition PUD No. 109. 7. All applicable City permits must be obtained prior to the development of the new lots. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Approval of Plat - Meadowbrook School 3rd Addition PUD No. 90 and Authorization to Siqn Amended PUD Permit - PUD No. 90 -Amendment#3 Mark Grimes, Community Development Director, introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-115 RESOLUTION FOR APPROVAL OF PLAT - MEADOWBROOK SCHOOL 3RD ADDITION P.U.D. NO. 90 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: 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 December 17, 2013 Page 8 Approval of Plat - Meadowbrook School 3rd Addition PUD No. 90 and Authorization to Siqn Amended PUD Permit - PUD No. 90 -Amendment#3 - Continued MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Meadowbrook School, P.U.D. No. 90, Amendment #3 to allow for the construction of a small addition onto the current school building (5430 Glenwood Avenue) and a tunnel that connects to the former Crisis Nursery property (5400 Glenwood Avenue). Approval of Plat -Xenia Apartments PUD No. 113 and Authorization to Siqn PUD Permit and PUD Development Aqreement - The Xenia PUD No. 113 Mark Grimes, Community Development Director, introduced the agenda item and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-116 RESOLUTION FOR APPROVAL OF PLAT - XENIA APARTMENTS P.U.D. NO. 113 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. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for The Xenia PUD No. 113. Authorization to Siqn Amended PUD Permit - Eldridqe 3rd Addition PUD No. 109 - Amendment#1 Mark Grimes, Community Development Director, introduced the agenda item and answered questions from the Councit. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Eldridge 3rd Addition PUD No. 109, Amendment No. 1 to allow Outlot A to be removed from the PUD. Authorization to Siqn Amended PUD Permit - MINI Cooper PUD #63 -Amendment#3 Mark Grimes, Community Development Director, presented the staff report and answered questions from the CounciL Regular Meeting of the City Council December 17, 2013 Page 9 Authorization to Siqn Amended PUD Permit - MINI Cooper PUD #63 -Amendment#3 - Continued MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD Permit for MINI Cooper PUD No. 63, Amendment No. 3 to allow for the sales (including parts and accessories) and service of new and used motorcycles, ATVS, snowmobiles, personal watercraft and other similar off road vehicles subject to the following conditions: 1. there shall be no outside storage or display of product, 2. there shall be no "test driving" of products on the property or on the public right-of-way other than motorcycles specifically licensed to operate on streets, 3. There shall be no "test driving" of any product on local, neighborhood streets. First Consideration - Ordinance #514 -Amendment to Section 10:23: Fire Protection (Recreational Fires) The following ordinance was MOVED by Pentel, seconded by Clausen: ORDINANCE NO. 514, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Deleting and Replacing in its Entirety Section 10:23: Fire Protection John Crelly, Deputy Fire Chief, presented the staff report and answered questions from the Council. MOVED by Pentel, seconded by Clausen and motion carried unanimously to adopt Ordinance #514, 2nd Series. Upon a roll call vote, the vate was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Announcements of Meetinqs A Bassett Creek Watershed Management Commission meeting will be held on December 18, 2013 at 8:30 am. Some Council Members may attend the Board of Zoning Appeals/Planning Commission Holiday Party on December 18, 2013 at the Brookview Grill. Some Council Members may attend a Purple Heart ceremony on Monday, December 23, 2013 at 11:30 am. The City offices are closed on Tuesday, December 24 and Wednesday, December 25, 2013 in observance of Christmas. Regular Meeting of the City Council December 17, 2013 Page 10 Announcements of Meetinqs The City offices are closed on Wednesday, January 1, 2014 in observance of New Year's Day. The next City Council meeting will be held on January 7, 2014 at 6:30 pm. Mayor and Council Communications Mayor Harris reported that a youth sports grant was granted to the City in order to help build a new playground at the SEA school. Mayor Harris reported that he has received a number of phone calls regarding snowplowing and requested staff provide an update. Jeanine Clancy provided an explanation of the Gity's snowplowing policy and procedures. Council Member Scanlon asked for an update on the progress of making the audio recordings of Council/Manager meetings available on the City's website. Burt stated that audio recordings of Council/Manager meetings will be available on the City's website starting in 2014. Recoqnition of Service - Council Members Paula Pentel and DeDe Scanlon Council Member Scanlon presented Paula Pentel with an engraved pewter bowl for her service as a Council Member from 2004-2013 and gavel plaque for her service as HRA Chair from 2006-2013. Council Member Pentel presented DeDe Scanlon with an engraved pewter bowl for her service as a Council Member from 2006 to 2013. Adiournment MOVED by Scanlon, seconded by Pentel and motion carried unanimously to adjourn the meeting at 8:39 pm. Shepard M. Harris, Mayor ATTEST: Lisa Wittman, Administrative Assistant