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12-03-13 CC Minutes Regular Meeting of the City Council December 3, 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 3, 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 Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Presentation of Envision Award - Curt And Javne Olson Familv, Rob And Sue Wheaton Familv, Katie Murphy Desiqn LLC, and Trees For Tvrol Donors Mayor Harris introduced the agenda item. Dean Penk, Envision Connection Board of Directors member, reviewed the nomination of Curt and Jayne Olson, Rob and Sue Wheaton, and Katie Murphy for their efforts to revitalize the North Tyrol Park after the tornado in 2011. MOVED by Pentel, seconded by Scanlon and motion carried to award an Envision Award to the Curt and Jayne Olson family, the Rob and Sue Wheaton family, Katie Murphy Design LLC, and the Trees For Tyrol Donors for their long-term community vision and work in developing and implementing the Trees For Tyrol campaign. Mayor Harris presented an Envision Award to the Curt and Jayne Olson family, the Rob and Sue Wheaton family, and Katie Murphy Design LLC. Oath of Office - Police Officers Adam Olson and Dana Bokusky Stacy Carlson, Police Chief introduced the newest Police Officers, Adam Olson and Dana Bokusky. Mayor Harris gave the oath of office to Police Officers Adam Olson and Dana Bokusky. The Council congratulated the Police Officers Olson and Bokusky. Recoqnition of David Hanson for Services Provided to Citv of Golden Valley and Bassett Creek Watershed Manaqement Commission Mayor Harris recognized David Hanson and presented him pewter bowl and Certificate of Recognition for his service. Regular Meeting of the City Council December 3, 2013 Page 2 Recoqnition of David Hanson for Services Provided to Citv of Golden Valley and Bassett Creek Watershed Manaqement Commission - Continued David Hanson thanked the Council and staff for their support. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-103 RESOLUTION OF APPRECIATION FOR SERVICES PROVIDED BY DAVID HANSON TO THE CITY OF GOLDEN VALLEY AND THE BASSETT CREEK WATERSHED DISTRICT 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. The Council and staff expressed their appreciation to David Hanson for his service to the Community. Receipt of Human Services Fund 2014 Allocation Report Connie Sandler, Chair, Human Services Fund, reviewed the funding report and answered questions from the Council. MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to receive and file the 2014 Allocation Report and apprave notifying the eight agencies of their 2014 allocation amount with the following designations: Canvas Health/Crisis Connection: Funds to be used to continue phone support. Community Mediation: Funds will be used for coordinating and supporting community volunteers. Crisis Nursery: Funds to be used to provide support and care to families in crisis. DinnerAt Yourpoor. Funds to be used to supplement clients unable to afford delivery and subsidize meals costs. PR/SM: Funds to be used to provide emergency and support services for Golden Valley residents. Senior Community Services HOME: Funds to be used to fund the sliding fee scale to assist low-income Golden Valley seniors. Senior Community Services Outreach: Funds to be used for direct service. The Bridge for Youth: Funds to be used for "Project cab" to provide emergency transportation to youth in crisis. TreeHouse: Funds to be used to offset the cost of transporting teens to the TreeHouse facility in New Hope and St. Louis Park. Regular Meeting of the City Council December 3, 2013 Page 3 Receipt of Human Services Fund 2014 Allocation Report - Continued The Council thanked the Human Services Fund and staff for their support for the events conducted. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of December 3, 2013 as submitted. Approval of Consent Aqenda MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the agenda of December 3, 2013 as amended: removal of Email from Kyle Turner Regarding Resignation from Environmental Commission and Approval of 2014-2018 Capital Improvement Program. *Approval of Minutes - City Council Meetinq - October 1, 2013 MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of October 1, 2013 as submitted. *Approval of Check Reqister MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the payment of the City as submitted. *Minutes of Boards and Commissions MOVED by Clausen, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - October 14, 2013 Joint Water Commission - August 7, 2013 Human Rights Commission - September 24, 2013 Environmental Commission - September 23, 2013 Human Services Fund - October 14, 2013 Envision Connection Project Executive Board - September 19, 2013 Email from Kyle Turner Reqardinq Resiqnation from Environmental Commission Council Member Clausen thanked Kyle Turner for his service to the City. Regular Meeting of the City Council December 3, 2013 Page 4 Email from Kyle Turner Reqardinq Resiqnation from Environmental Commission - Continued MOVED by Clausen, seconded by Scanlon and motion carried unanimously to receive and file the email from Kyle Turner, dated November 26, 2013 regarding resignation from the Environmental Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. Approval of 2014-2018 Capital Improvement Proqram Mayor Harris requested staff review the item. Sue Virnig, Finance Director, answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-104 RESOLUTION APPROVING 2014-2018 CAPITAL IMPROVEMENT PROGRAM 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. *Adoption of 2014-2015 Budqet for Enterprise, Special Revenue and Internal Services Funds Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-105 RESOLUTION ADOPTING THE 2014-2015 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS 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. *Second Consideration - Ordinance #512 - Establishinq 2014 Master Fee Schedule The following ordinance was MOVED by Clausen, seconded by Scanlon: ORDINANCE NO. 512, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2014 Master Fee Schedule Regular Meeting of the City Council December 3, 2013 Page 5 *Second Consideration - Ordinance #512 - Establishinq 2014 Master Fee Schedule - Continued MOVED by Clausen, seconded by Scanlon and motion carried unanimously to adopt on First Consideration, Ordinance #512, 2nd Series. The vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES *Approval of Use of an Affordable Housinq Incentive Fund (AHIF) Loan for the Property Located at 2913 Orchard Avenue North 13-106 Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-106 RESOLUTION APPROVING USE OF THE HENNEPIN COUNTY'S AFFORDABLE HOUSING INCENTIVE FUND FOR PROPERTY LOCATED AT 2913 ORCHARD 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: Glausen, 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 Amended PUD Permit - Room & Board - PUD #79 - Amendment#4 MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD Permit for Room & Board PUD No. 79, Amendment No. 4. *Approval of Conditional Extension for Filinq of Plat and Submittinq Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Hiqhway 100 - Duke Realtv, A.pplicant MOVED by Clausen, seconded by Scanlon 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. 107 until June 1, 2014, 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. Regular Meeting of the City Council December 3, 2013 Page 6 *Approval of Conditional Extension for Filinq of Plat and Submittinq Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Hiqhwav 100 - Duke Realtv, Applicant - Continued 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 property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines 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 good 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. *Authorization to Siqn Amended Aqreement with Bassett Creek Watershed Manaqement Commission and WSB & Associates, Inc. for Feasibility Studv for 2015 Bassett Creek Main Stem Restoration Project MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the Amendment to Cooperative Agreement for the 2015 Bassett Creek Main Stem Restoration Project (BC-25) with the Bassett Creek Watershed Management Commission. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the amended agreement with WSB & Associates, Inc. to complete the feasibility study for an amount not to exceed $62,000. Public Hearinq - Adoption of 2013 Propertv Tax Levv Pavable 2014 and 2014-2015 General Fund Budqet Sue Virnig, Finance Director, reviewed the budget and answered questions from the Council. Thomas Burt answered questions from the Council. Regular Meeting of the City Council December 3, 2013 Page 7 Public Hearinq - Adoption of 2013 Propertv Tax Levv Payable 2014 and 2014-2015 General Fund Budqet - Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Howard Tarkow, 6810 Harold Avenue, stated his taxes went up 20% this year; asked why the taxes went up; had questions about the city portion of the taxes going up 25%, stated he improved his kitchen but his property values went down; and he also had to pay special assessments. Victor Harvath, 5901 Laurel Avenue, had questions regarding the increase in salaries; stated he requested the information but was not given any data and was not able to speak to the issue at the last meeting and felt it was not proper; stated that the taxes went up but his value went down; feels the city employees get a sweet package; the City should not bank on getting LGA funds; and feels the costs should be curbed. Dave Gillham, 325 Dakota Avenue South, had questions about the tax capacity rate, and taxable rate, had questions about the handout and wants to know how his taxes went up 13% but his value went down The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-107 RESOLUTION ADOPTING THE 2013 PROPERTY TAX LEVIES FOR TAXES PAYABLE 2014 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. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-108 RESOLUTION ADOPTING THE 2014 BUDGET OF THE GENERAL FUND BUDGET Regular Meeting of the City Council December 3, 2013 Page 8 Public Hearinq -Adoption of 2013 Propertv Tax Levv Pavable 2014 and 2014-2015 General fund Budqet - Continued 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. Continued Public Hearinq - Easement Vacations to Vacate Alley and Easements in the Plats of Sprinq Green South and Reqistered Land Survev No. 106 Mayor Harris introduced the agenda item. Thomas Burt and Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to close the public hearing for consideration of easement vacations to vacate alley and easements in the plats of Spring Green South and Registered Land Survey No. 106 and take no action. Announcements of Meetinqs The next Council/Manager meeting will be held on December 10, 2013 at 6:30 pm. Some Council Members may attend the Bassett Creek Regional Trail Study Open House on December 11, 2013 from 5:30 to 7 pm. The next City Council meeting will be held on December 17, 2013 at 6:30 pm. Some Council Members may attend the Board of Zoning Appeals/Planning Commission Holiday Party on December 18, 2013 at 6 pm at the Brookview Grill. Mayor and Council Communications A representative from Senator Franken's office will meet with the Mayor and Gity Manager on December 11, 2013 to provide them with a general update. Mayor Harris stated that a reporter from the StarTribune contacted him regarding doing a news article on the 3.9.4. development. Thomas Burt provided an update regarding the area. Thomas Burt stated that staff has contacted St. Margaret Mary Church regarding appointing a representative on the Bottineau Station LRT Committee but he has not heard back from them. Regular Meeting of the City Council December 3, 2013 Page 9 Mayor and Council Communications - Continued Tim Cornelius, 8405 Patsy Lane, stated he read an article on light rail and wanted ta get an update on the Southwest line moving into a portion of Golden Valley. Adiournment MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 8:33 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant