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01-06-15 - City Council Minutes Cid fOFFICIAL MINUTES go I d�niojl CITY COUNCIL MEETING . � GOLDEN VALLEY, MINNESOTA January 6, 2015 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Fonnest, Clausen, Schmidgall and Snope. 1B. Pledge of Allegiance 1C. Certificate of Recognition: Ms. Linda Johnson Mayor Harris presented Ms. Johnson with a Certificate of Recognition for her years of service as a Board Member on the District 281 School Board. The Council thanked Ms. Johnson for her service. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda as submitted and the motion carried unanimously. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the consent agenda as revised: removal of 3C-Designation of Official Newspaper, 3D- Designation of Depositories for City Funds, 3G3-Accept the Joint Water Commission Minutes, 31-File Emails regarding METRO Blue Line Extension and the motion carried unanimously. 3A1. Approve Minutes of City Council Meeting - December 16, 2014. 313. Approve Time and Receipt of Public Information for Council agenda as 4:30 pm in the City Manager's Office on the Wednesday preceding the Council meeting. 3C. AppFeve DeSigRatiOR of 2015 OffiGial Newspaper-. 3E1. Approve City Check Register and authorize the payments of the bills as submitted. 3E2. Approve Housing and Redevelopment Authority Check Register and authorize the payments of the bills as submitted. 3F1. Approve Solicitor's License for Wisdom Executives, Inc. 3F2. Approve Solicitor's License for Working America AFL-CIO. 3G. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - November 24 and December 8, 2014 2. Open Space & Recreation Commission - October 27, 2014 3. v6�Rt Water nmM+ss,ie,n— Gteber-28z2v01 T 4. Basset Creek Watershed Management Commission - October 16, 2014 3H. Approve Appointment of Dave Gustafson, Don Nutter, Al Lundstrom and Tim Teynor, as the Assistant Weed Inspectors for a one-year term. 31. File and Recewve-Errmail regarding METRO Blue Line ExtoR i 3J. Adopt Resolution 15-02 Approval of Plat for Ski Hill Park. 3K. Adopt Resolution 15-03 Authorizing the Master Partnership Contract with the State of Minnesota. 3L. Adopt Resolution 15-04 relating to the Financing of Capital Equipment; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Official City Council Minutes -2- January 6, 2015 3. APPROVAL OF CONSENT AGENDA - continued 3M. Approve usage of credit cards by any City Employee who has received prior approval from the appropriate Supervisor and by the Finance Director and/or City Manager. 3N. Adopt Resolution 15-05 Approval of Plat for Brunswick Estates. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3C. Designation of the 2015 Official Newspaper MOTION made by Council Member Schmidgall, seconded by Council Member Snope to designate the New Hope/Golden Valley SunPost as the 2015 official newspaper and the motion carried unanimously. 3D. Resolution 15-01 Designation of Depositories for City Funds Council Member Snope disclosed his wife is employed by Wells Fargo Bank which is one of the depositories. He stated even though there was not a conflict of interest, he would abstain from any discussion and action. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 15-01, Designating Depositories for City Funds upon a vote being taken the following voted in favor of: Harris, Fonnest, Schmidgall and Clausen, the following voted against: none and the following abstained: Snope and the motion carried. 3G3. Receive and File the Minutes of the Joint Water Commission - October 28, 2014 City Engineer Oliver answered questions from Council. MOTION made by Council Member Fonnest, seconded by Council Member Snope to receive and file the Minutes of the Joint Water Commission of October 28, 2014, and the motion carried unanimously. 31. Receive and File Email regarding METRO Blue Line Extension Mr. John Fritze, 1828 York Avenue North, requested Council remove this item from the consent agenda and stated he supported the information in the email. MOTION made by Council Member Snope, seconded by Council Member Clausen to receive and file the Email regarding METRO Blue Line Extension and the motion carried unanimously. 4. PUBLIC HEARING 4A. Public Hearing - 2015 Pavement Management Program, Project 15-01, 2016 Pavement Management Program, Project 16-01, and 2017 Pavement Management Program, Project 17-01 City Engineer Oliver presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Ms. Phyllis Kyrola, 1320 Gettysburg Avenue North, stated earlier this year she was told the special assessment fee would be $6,300 and now it is $6,600. She asked when the assessment amount changed and why. Official City Council Minutes -3- January 6, 2015 4A. Public Hearing - 2015, 2016 & 2017 Pavement Management Program - continued Mr. Dan Cisler, 1324 Gettysburg Avenue North, asked why the assessment fee was so high. He explained he owned another property in Golden Valley that had a similar assessment 14 years ago and the amount at that time was $1,500. Mr. John Ostdiek, 1609 Gettysburg Avenue North, asked if his house flooded during construction who he could contact about the issue. He said his house does not have a sump pump and currently does not need one. Ms. Linda Staskivige, 1309 Gettysburg Avenue North, asked since the project will be split up over three years with Gettysburg scheduled for the first year, how will her street be affected during the following two years of construction because her street is the only through street in the area. Ms. Gladys Williamson, 1412 Hillsboro Avenue, asked during the construction period, how she will be able to access other streets in her area. She also asked about the drain which is currently in her yard as to where the water would be carried to, and where it would be ponding. Ms. Denise Strandlund, 9450 Olympia Street, said her house is one of the four being looked at to be purchased. She said she is concerned as to what would happen if her house is not purchased because she may not have the option to buy another house at low interest rates. She explained what happens in the neighborhood during the flooding and what the neighbors have had to do to protect their cars and property. She asked what options she would have if the City does not purchase her house, or is unable to fix the flooding problems since if she were to sell her house, she would need to disclose past flooding issues. Mr. Harry Rinowski, 1621 Hillsboro Avenue North, asked what the construction time frame would be from start to finish of the project. Mayor Harris closed the public hearing. There was much Council discussion regarding the Pavement Management Program for 2015, 2016 and 2017. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Resolution 15-06, ordering Construction of Certain Proposed Public Improvements and Authorizing Advertisement for Bids for City Project 15-01, 2015 Pavement Management Program; City Project 16-01, 2016 Pavement Management Program; and City Project 17-01, 2017 Pavement Management Program upon a vote being taking the following voted in favor of: Harris, Clausen, Schmidgall, Fonnest and Snope, the following voted against: none and the motion carried. 4113. Public Hearing - Approval of Conditional Use Permit 138 - 905 Decatur Avenue North - Our World Shops, Inc., Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. Mr. Ben Horn, Applicant, stated his business operates six e-commerce sites that sell products from Finland. He said some of the brands he sales require him to have a brick and mortar location. Official City Council Minutes -4- January 6, 2015 4113. Public Hearing - Approval of Conditional Use Permit 138 - continued Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the approval of a Conditional Use Permit for Our World Shops, Inc. located 905 Decatur Avenue North. MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt Ordinance #535, Approval of Conditional Use Permit No. 138, 905 Decatur Avenue North, Our World Shops, Applicant upon a vote being taking the following voted in favor of: Harris, Snope, Schmidgall, Fonnest and Clausen the following voted against: none and the motion carried. 4C. Public Hearing - Preliminary PUD Plan for Struthers Parkinson's Center PUD No. 39, Amendment #4 - 6681 & 6701 Country Club Drive - Park Nicollet Methodist Hospital, Applicant Associate Planner Goellner presented the staff report and answered questions from Council. City Attorney Barnard answered questions from Council. Ms. Rose Wichmann, Manager of the Struthers Parkinson's Center, gave a brief history of the center and an overview of the enhancements that the center would be adding both indoors and outdoors. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the Preliminary PUD Plan for Struthers Parkinson's Center located at 6681 & 6701 Country Club Drive. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to approve the Preliminary Plan for Struthers Parkinson's Center PUD No. 39, Amendment No. 4, subject to the following conditions and findings and the motion carried unanimously: 1. The plans prepared by EAPC architects and submitted with the application on November 7, 2014, shall become a part of this approval, 2. The recommendations and requirements outlined in the memo from the Fire Department to Jason Zimmerman, Planning Manager, dated December 1, 2014, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Engineering Division to Jason Zimmerman, Planning Manager, dated December 1, 2014, shall become a part of this approval. 4. A shared parking agreement shall be confirmed or enacted upon or before Final PUD approval. 5. The Applicant shall submit a lighting plan that meets the requirements of the City's Outdoor Lighting Code (Section 11.73). 6. All signage must meet the requirements of the City's Sign Code (Section 4.20). 7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 8. A final design plan shall be reviewed by the City prior to Final Plan approval. Official City Council Minutes -5- January 6, 2015 4C. Public Hearing - Preliminary PUD Plan Struthers Parkinson's Center - continued In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E)- 1 . (E):1 . Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands, and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. 4D Public Hearing - Ordinance #536 - Amending Section 11.03 Definitions, Section 11.35 Light Industrial Zoning District and 11.36 Industrial regarding Recycling Centers Associate Planner Goellner presented the staff report and answered questions from Council. Planning Manager Zimmerman and City Attorney Barnard answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the proposed amendments to the Zoning Code for the following sections: 11.03 Definitions, 11.35 Light Industrial Zoning District and 11.36 Industrial regarding Recycling Centers. MOTION made by Mayor Harris to table the item to January 20, 2015, Council meeting. Since the item was not seconded, the motion was withdrawn. MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt Ordinance #536, Amending Section 11.03 Definitions, Section 11.35 Light Industrial Zoning District regarding Recycling Centers upon a vote being taken the following voted in favor of: Clausen, Schmidgall, Fonnest, Snope and Harris and the following voted against: none and the motion carried. 6. NEW BUSINESS 6A. Reset Meeting Dates MOTION made by Council Member Snope , seconded by Council Member Fonnest to reset the following City Council meeting dates: August 4 to Wednesday, August 5, September 15 to Wednesday, September 16 and November 3 to Wednesday, November 4 and the motion carried unanimously. Official City Council Minutes -6- January 6, 2015 6B. Council Assignment - Mayor Pro Tem MOTION made by Council Member Clausen, seconded by Council Member Fonnest to nominate Council Member Snope as Mayor Pro Tem for 2015 and the motion carried unanimously. 6C. First Consideration - Ordinance #537 - Amending Chapter 5: Alcoholic Beverages Licensing and Regulations City Clerk Luedke presented the staff report and answered questions from Council. City Attorney Barnard answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to adopt on first consideration Ordinance #537, Amending Chapter 5: Alcoholic Beverages Licensing and Regulation to add an Off-Sale Small Brewer License, On-Sale Small Brewer Taproom License, and Brewpub Off-Sale Malt Liquor License upon a vote being taken the following voted in favor of: Harris, Schmidgall, Fonnest, Snope and Clausen and the following voted against: none and the motion carried. 6D. First Consideration - Ordinance #538 - Amending the 2015 Master Fee Schedule to include the New Liquor License Fees. City Clerk Luedke presented the staff report. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt on first consideration Ordinance # 538, Amending the 2015 Master Fee Schedule to include New Liquor License Fees associated with the new Liquor License types upon first consideration upon a vote being taken the following voted in favor of: Harris, Schmidgall, Fonnest, Snope and Clausen and the following voted against: none and the motion carried. 6E. Announcements of Meetings Some Council Members may attend a Bottineau Station Area Neighborhood Meeting on January 7, 2015, at 6 pm at the Courage Kenny Rehabilitation Institute. Some Council Members may attend the 2015 Bassett Creek Restoration Project meeting on January 8, 2015, from 5 to 7 pm in the Council Chambers. Open for Business will have office hours at the City of Golden Valley on January 9, 2015, from 9 to 11 am in the Council Conference Room. A Joint City Council and Planning Commission meeting regarding the Subdivision Study will be held on January 12, 2015, at 7 pm. The next Housing and Redevelopment Authority meeting will be held on January 13, 2015, at 6:30 pm. The next Council/Manager meeting will be held on January 13, 2015, immediately following the HRA meeting. Some Council Members may attend the Bottineau Planning Advisory Committee meeting on January 14, 2015, at the University Research Outreach and Engagement Center. Official City Council Minutes -7- January 6, 2015 6E. Announcements of Meetings - continued Some Council Members may attend the Calvary Lutheran Church "Sweet Potato Pie Event" on January 18, 2015, from 2 to 4 pm. City Offices will be closed on January 19, 2015, in observance of Martin Luther King, Jr. Day. The next City Council Meeting will be held on January 20, 2015, at 6:30 pm. 6F. Mayor and Council Communication Assistant Manager Knauss reviewed the items on the January 13, 2015, Council/Manager meeting. Mr. Zimmerman provided information regarding the upcoming Joint City Council/Planning Commission meeting being held on January 12, 2015, regarding the Subdivision Study. Council Member Fonnest provided information on this year's Caring Youth Award Program and the Seven Dreams Education Foundation Bird Bash event which will be held on February 21, 2015. Mayor Harris recommended Council perform an annual review for the City Manager in an Executive Session. Mayor Harris stated a neighborhood meeting was scheduled for January 29, 2015, but will be canceled due to a conflict with the METRO Blue Line Extension Station Area Planning Open House. 7. Adjournment MOTION made by Council Member Schmidgall, seconded by Council Member Snope, and the motion carried unanimously to adjourn the meeting at 9:54 pm. She rd Harris, Mayor ATTEST: I r A Kristine A. Luedke, City Clerk