01-21-14 CC Minutes Regular Meeting
of the
City Council
January 21, 2014
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 January 21, 2014 at 6:30 pm.
The following members were present: Clausen, Fonnest, Harris, Schmidgall and Snope.
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.
Fire Department Retirement Recoqnition: Firefiqhters Garv Gustner, LouAnn
Forseth, Steve Staack, Bernie Vrona and John Crellv
Mark Kuhnly, Fire Chief, introduced the agenda item.
Captain Rosenblum introduced retired Firefighter LouAnn Forseth and presented her with a
Certificate of Retirement.
Captain Rosenblum also recognized Firefighter Gary Gustner who was unable to attend.
Captain Murphy introduced retired Firefighter Steve Stack and presented him with a
Certificate of Retirement.
Captain Murphy introduced retired Firefighter Bernie Verona and presented him with a
Certificate of Retirement.
Mark Kuhnly, Fire Chief introduced retired Firefighter John Cretly presented him with a
Certificate of Retirement. Kuhnly also announced that John Crelly was hired as the City's
Deputy Fire Chief.
The Council thanked Gary Gustner, LouAnn Forseth, Steve Staack, Bernie Vrona and
John Crelly for their years of dedicated service to the community.
Oath of Office: Firefiqhters Dominique Guzman, Jeffrev Piper and Alex Volinkatv
Mark Kuhnly, Chief of Fire and Inspections Services, introduced the newest Firefighters
Dominique Guzman, Jeffrey Piper and Alex Volinkaty.
Mayor Harris gave the oath of office to Firefighters Dominique Guzman, Jeffrey Piper and
Alex Volinkaty.
The Council congratulated Firefighters Guzman, Piper and Volinkaty.
Regular Meeting of the City Council
January 21, 2014
Page 2
Approval of Aqenda
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the agenda of January 21, 2014 as submitted.
Approval of Consent Aqenda
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the consent agenda of January 21, 2014 as amended: removal of Designation of Approval
of Minutes - City Council Meeting - December 3 and 17, 2013 and January 7, 2014; Self-
Contained Breathing Apparatus, Mounting Brackets and Face Piece Bags - Quotes;
Bottineau Transitway Update; The Tiburon Apartments - PUD #111 - Tiburon 55, LLC,
Applicant -Ordinance #515 - Rescinding Ordinance #491, Approval of Final Plan of
Development -Rescinding Resolution 13-21 -Approval of Plat - Tiburon Fifty Five PUD
#111; and Authorizing Joint Water Commission to Construct an Emergency Water Supply.
Approval of Minutes - Citv Council Meetinq - December 3 and 17, 2013 and
Januarv 7, 2014
Mayor Harris and Council Member Snope requested changes to the December 3, 2013
and January 7, 2014 minutes.
MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the
City Council Meeting minutes of December 3, 2013 and January 7, 2014 as amended and
December 17, 2013 as submitted.
*Approval of Check Reqister
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the City and Housing and Redevelopment Authority check register as submitted.
*Solicitor's License - The Window Store Home Improvements Inc.
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the solicitor's license for The Window Store Home Improvements.
*Gamblinq License Exemption and Waiver of Notice Requirement - School of
Engineerinq and Arts - Parent Teacher Association
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to receive
and file the gambling license exemption and approve the waiver of notice requirement for
the School of Engineering and Arts - Parent Teacher Association.
Regular Meeting of the City Council
January 21, 2014
Page 3
*3.2 Liquor License - Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the issuance of a 3.2 Liquor License to Davanni's, Inc. d/b/a Davanni's Pizza & Hot
Hoagies, 663 Winnetka Avenue North.
*Minutes of Boards and Commissions
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to receive
and file the minutes as follows:
Planning Commission - November 18, 2013
Human Services Fund - November 11, 2013
Joint Water Commission - November 6, 2013
Bassett Creek Watershed Management Commission - November 20, 2013
Self-Contained Breathinq Apparatus, Mountinq Brackets and Face Piece Baqs -
Quotes
Council Member Schmidgall had questions regarding the number of units are being
replaced.
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
the purchase of self-contained breathing apparatus, mounting brackets and face piece
bags through the Houston-Galveston Area Council Contract EE, from Municipal
Emergency Services, Inc. for $256,857.
Bottineau Transitwav Update
Council Member Snope requested staff present a verbal update of events. Jason
Zimmerman, City Planner, presented the report and answered questions from the Council.
Thomas Burt answered questions from the Council.
MOVED by Snope, seconded by Clausen and motion carried unanimously to receive and
file the report.
Regular Meeting of the City Council
January 21, 2014
Page 4
*Approval of Full 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
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve
full extension for filing of final plat and submitting Final PUD Plan Application for The
Towers at West End PUD No. 107 to June 1, 2014 because City staff has determined that
Duke has demonstrated it is making good faith efforts to work with MCES to locate a lift
station for I-GV-461 on The Towers at West End property. The approval is 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 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.
The Tiburon Apartments - PUD #111 - Tiburon 55, LLC, Applicant -Ordinance #515 -
Rescindinq Ordinance #491, Approval of Final Plan of Development -Rescindinq
Resolution 13-21 -Approval of Plat - Tiburon Fiflv Five PUD #111
The following ordinance was MOVED by Schmidgall, seconded by Clausen:
ORDINANCE NO. 515, 2ND SERIES
AN ORDINANCE RESCINDING ORDINANCE NO. 491, 2ND SERIES
Rescinding Approval of Final Plan of Development
The Tiburon Apartments, P.U.D. No. 111
Tiburon 55, LLC, Applicant
Council Member Schmidgall stated he was disappointed the project was not proceeding as
it offered additional housing for new residents. Thomas Burt stated that staff has been
meeting with developers who are interested in providing housing for the site and will update
the Council at a future meeting.
Regular Meeting of the City Council
January 21, 2014
Page 5
The Tiburon Apartments - PUD #111 - Tiburon 55. LLC, Applicant -Ordinance #515 -
Rescindinq Ordinance #491, Approval of Final Plan of Development -Rescindinq
Resolution 13-21 -Approval of Plat - Tiburon Fiftv Five PUD #111 - Continued
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to adopt
Ordinance #515, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FONNEST - YES HARRIS SCHMIDGALL - YES SNOPE - YES
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 14-4
RESOLUTION RESCINDING RESOLUTION 13-21
APPROVING PLAT - TIBURON FIFTY FIVE P.U.D NO. 111
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,
Fonnest, Harris, Schmidgall and Snope; 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.
*Financinq of Capital Equipment; Establishinq Compliance with Reimbursement
Bond Requlations under the Internal Revenue Code
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 14-5
RESOLUTION RELATING TO THE FINANCING OF CAPITAL EQUIPMENT;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS
UNDER THE INTERNAL REVENUE CODE
The motion for the adoption of the foregoing resolution was seconded by Member Snope
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Fonnest, Harris, Schmidgall and Snope; 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
January 21, 2014
Page 6
*Financinq of Joint Water Commission 2014 Proqram: Establishinq Compliance with
Reimbursement Bond Requlations under the Internal Revenue Code
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 14-6
RESOLUTION RELATING TO THE FINANCING OF THE JOINT WATER COMMISSION
2014 PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
The motion for the adoption of the foregoing resolution was seconded by Member Snope
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Fonnest, Harris, Schmidgall and Snope; 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.
Authorizinq Joint Water Commission to Construct an Emerqencv Water Supply
Council Member Fonnest highlighted the item to inform the public of the project.
Member Fonnest introduced the following resolution and moved its adoption:
RESOLUTION 14-7
RESOLUTION ORDERING CONSTRUCTION OF EMERGENCY WATER SUPPLY
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,
Fonnest, Harris, Schmidgall and Snope; 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 2014 Pav Equity Implementation Report
Council Member Snope request staff review the report. Chantell Knauss, Assistant City
Manager and answered questions from the Council.
MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve and
authorize the Mayor to sign the Pay Equity Implementation Report.
Regular Meeting of the City Council
January 21, 2014
Page 7
*Authorization for Submittal to Metropolitan Council for Transportation Alternatives
Proqram (TAP) Funding for Bicycle/Pedestrian Improvements; Douqlas Drive
Reconstruction Proiect (TH 55 to Medicine Lake Road)
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 14-8
RESOLUTION AUTHORIZING A METROPOLITAN COUNCIL
TRANSPORTATION ALTERNATIVES PROGRAM SUBMITTAL
FOR BICYCLE/PEDESTRIAN IMPROVEMENTS WITHIN THE
DOUGLAS DRIVE (CSAH 102) RECONSTRUCTION PROJECT
The motion for the adoption of the foregoing resolution was seconded by Member Snope
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Fonnest, Harris, Schmidgall and Snope; 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 for Letter of Support for Leaque of Women Voters Application to Host
Communitv for "Toward a More Perfect Union: Talkinq About the Constitution"
Proqrams
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to approve a
letter of support for the Golden Valley League of Women Voters' application to the
Minnesota Humanities Center to be a host community for the "Toward a More Perfect
Union: Talking About the Constitution" programs.
*Approval of Social Media Policv
MOVED by Schmidgall, seconded by Snope and motion carried unanimously to adopt the
Social Media Policy.
Announcements of Meetinqs
The City Council will conduct an Executive Session immediately following the Council
Meeting to discuss ongoing legal issue regarding Dargi lawsuit and 3.9.4. lawsuit with legal
counsel.
Precinct Caucuses will be held on February 4, 2014.
The next City Council meeting will be held on Wednesday, February 5, 2014 at 6:30 pm.
Some Council Members may attend the Seven Dreams Education Foundation Bird Bash
on February 8, 2014 at 6:30 pm at the Plymouth Creek Center.
Regular Meeting of the City Council
January 21, 2014
Page 8
Announcements of Meetinqs
The Lions Park Play Structure Neighborhood Meeting will be held on January 28, 2014 at
6:30 pm at the Brookview Community Center.
A Sacred Harp Singing Convention will be held on February 8, 2014.
Robbinsdale School District has various dates to make bowls for the Empty Bowls event
scheduled for March 11, 2014 from 4 to 7 pm at the Sandburg Learning Center.
The Sacred Harp singing will be held at the Golden Valley Historical Society on March 13,
2014 at 7 pm.
The State of the City address will be held on March 28, 2014 at 7:30 am.
Mayor and Council Communications
A West Metro SWAT Team Training Exercise will be held on January 22, 2014 from 6 to
10:30 pm at the Brookview Golf Course.
Thomas Burt and Allen Barnard reviewed the Conditional Use Permit application process
and quasi-judicial proceedings. Staff was requested to add informational language in legal
notices which defines the request submitted.
Mayor Harris and Thomas Burt updated the Council on the meeting held on January 17,
2014 with State Legislators regarding legislative priorities.
The Council thanked the Human Rights Commission for holding the Martin Luther King Jr.
event on January 20, 2014.
Mayor Harris thanked the Public Works and Police Department for their efforts for snow
removal, watermain breaks and railroad noise issues.
Adiournment
MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to adjourn
the meeting at 7:56 pm.
�
hepar M. Har is, M
Regular Meeting of the City Council
January 21, 2014
Page 9
ATTEST:
_ / l
J y Nall Administraf Assistant