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02-17-15 - City Council Minutes tvoafOFFICIAL MINUTES CITY COUNCIL MEETING prokkii,tv', GOLDEN VALLEY, MINNESOTA maFebruary 17, 2015 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Clausen, Schmidgall, Fonnest and Snope. 1B. Pledge of Allegiance 1C. Presentation of Minnesota Heart Safe Community Award Mr. Paul Mendoza, on behalf of North Memorial Heart Safe Communities and Heart Safe Minnesota, presented the City of Golden Valley the designation of a "Minnesota Heart Safe Community." Mr. Mendoza commended Fire Education Specialist Baker for his efforts in achieving the City's recognition. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the agenda of February 17, 2015, as revised: moving Consent item 3G-Adopt Resolution petitioning the Surface Transportation Board to New Business item 6132 and the motion carried unanimously. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the consent agenda of February 17, 2015, as revised: removal of Items 3H-Authorize Power Purchase Agreements with New Energy Equity and Sundial Solar and 3N-Adopt Resolution modifying 2015 general wages and salary to include Accounting Technician and Lead Community Service Officer positions and the motion carried unanimously. 3A1. Approve Minutes of Council/Manager Meeting - January 13, 2015 3A2. Approve Minutes of City Council Meeting - February 3, 2015 3A3. Approve Minutes of Council Executive Session - February 3, 2015 313. Approve City Check Register and authorize the payments of the bills as submitted. 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for St. Bartholomew Church. 3C2. Receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. 3C3. Authorize issuance of Multi-Family Rental Property licenses as recommended by staff. 3C4. Approve solicitor's license for Clear Water Action. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - January 26, 2015 2. Human Services Fund - November 10, 2014 3. Civil Service Commission - November 21, 2014 4. Teen Committee - October 27, 2014 5. Bassett Creek Watershed Management Commission - December 18, 2014 Official City Council Minutes -2- February 17, 2015 3. APPROVAL OF CONSENT AGENDA - continued E1. Award contracts for the 2015 Street Construction and Maintenance Materials to the following companies as shown- 1. hown:1. C.S. McCrossan for: Type LV4 Wearing Course Mixture LVWE45030B at $48.10 per ton Type LV3 Non-Wearing Course Mixture LVNW35030B at $43.30 per ton Type SP 9.5 Wearing Course Mixture SPWEB340B at $48.50 per ton Type SP 9.5 Wearing Course Mixture SPWEB240B at $49.00 per ton Type SP 9.5 Wearing Course Mixture SPWEB330B at $56.00 per ton Type SP 9.5 Wearing Course Mixture SPWEA240B at $49.00 per ton SP 12.5 Non-Wearing Course Mixture SPNWB230B at $49.20 per ton 2. Commercial Asphalt Co. for: Type SP 9.5 Wearing Course Mixture SPWEB340C at $54.75 per ton Type SP 9.5 Wearing Course Mixture SPWEB240C at $54.45 per ton 3. Knife River for: Type 3A32 Concrete at $105.00 per cubic yard Type 4000# Concrete Mixture at $106.00 per cubic yard Type 4000# Concrete Mixture High Early Strength at $117.00 per cubic yard Extra delivery costs for concrete loads under 5 cubic yards at $100.00 per load. Environmental washout at $20.00 per load 3F. Authorize agreement for professional engineering services with Barr Engineering Company for DeCola Ponds and Medicine Lake Road Area Flood Mitigation Preliminary Design for an amount not to exceed $35,300. 3G. Adept Resolution 15-13 for the Gity to petition the SurfaGe TraRspertatiOR Beard to 3H. Authorize the Pewer PUrGhase AgreemeRtS with New Energy Equity and the system removal and FeiristallatiOR AgreemeRt with Sundial Selar, 31. Authorize agreement with SEH, Inc. for professional services on the Glenwood Avenue Sidewalk Extension Project in the amount not to exceed $96,800. 3J. Adopt Resolution 15-14 for approval of Plat - Paisley Lane Woods. 3K. Adopt Resolution 15-15 approval of proposed application for 2015 Urban Hennepin County Community Development Block Grant (CDBG) Program Funds and to authorize execution of Subrecipient Agreement with Urban Hennepin County and Any Third Party Agreements. 31L. Adopt Resolution 15-16 approval of Golden Valley Fire Relief Association By-Law changes to Article XI Increasing Service Pension, Section II-Disability Amount, Section I-Deferred Interest Payment and Service Pension Interest. 3M. Call for three Public Hearings for special assessments on the 2015 Pavement Management Area, 2016 Pavement Management Area and 2017 Pavement Management Area for March 17, 2015, at 7 pm. 3N. Adept Resolution 15-17 MGdhfymRg 2015 general wages _and salary to 30. Approve requests for beer and/or wine at Brookview Park as recommended by staff. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3H. Authorize the Power Purchase Agreements with New Energy Equity and the system removal and reinstallation Agreement with Sundial Solar. Engineer Seaburg presented the staff report and answered questions from Council. Mr. Arthur Crowell, Sundial Solar, gave an overview of the agreements and answered questions from Council. Official City Council Minutes -3- February 17, 2015 3H. Authorize Power Purchase Agreements with New Energy Equity - continued There was Council discussion regarding the solar power agreements and Council thanked staff and Mr. Crowell for pursuing grants for the projects. MOTION made by Council Member Snope, seconded by Council Member Clausen to authorize the Power Purchase Agreements with New Energy Equity and the system removal and reinstallation Agreement with Sundial Solar and the motion carried unanimously. 3N. Modify 2015 general wages and salary to include Accounting Technician and Lead Community Service Officer positions. City Manager Burt answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt Resolution 15-17 modifying 2015 general wages and salary to include Accounting Technician and Lead Community Service Officer positions upon a vote being taken the following voted in favor of: Harris, Snope, Schmidgall, Fonnest and Clausen and the following voted against: none and the motion carried. 4. PUBLIC HEARING 4A. Public Hearing - Ordinance #542 - Removing Special Restrictions - 6000 Duluth Street - King of Grace Lutheran Church and School, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. City Manager Burt and City Attorney Barnard answered questions from Council. Pastor Erwin Ekhoff, King of Grace Church, presented a concept drawing of the church's proposed plans. He stated that the church is seeking equal treatment in the 1-1 Institutional Zoning District. He said the church would like to relocate their playground from the east side of their property, which is in a traffic area, to the north side which is not, so that it would be safer for the children. He answered questions from Council. Mayor Harris opened the public hearing. Ms. Barbara Paterson, 2040 Adair Avenue North, said a person from their neighborhood had planned to submit a signed petition against the rezoning, but he was not in attendance. She said she has lived in the area for as long as the covenant has been in effect. She said regarding the church landscaping, they have only planted about seven trees on their property. She also said the neighborhood was concerned about high water levels in the area because when it rains the pooling water causes a small lake on the church's property. Ms. Mary Mastrian, 2101 Brunswick Avenue North, said she has lived in the area for fifty-nine years and when the church was originally built the neighbors did not know if it was a church or church/school. She said at the time the neighbors were assured it would only be a church, but a few years later a school was added. She said the expansion the church is proposing now is unreasonable and added that the church should not break the neighborhood covenant and expect the neighbors to hire a lawyer to defend it. Mr. Allen Labitzky, Principal, King of Grace Church, said his greatest concern is the safety of the children and because of this, the church would like to move their playground away from the traffic area. He said regarding the church's landscaping, they have added many trees and flowers to their property. Official City Council Minutes -4- February 17, 2015 4A. Public Hearing - Ordinance #542 - Removing Special Restrictions - continued Mayor Harris closed the public hearing. There was Council discussion regarding the removal of the special restrictions for the property owned by King of Grace Lutheran Church and School located at 6000 Duluth Street. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Ordinance #542, rescinding Ordinance #328 Institutional Zoning District King of Grace Lutheran Church upon a vote being taken the following voted in favor of: Harris, Fonnest and Snope, the following voted against: Clausen and Schmidgall and the motion carried. 6. NEW BUSINESS 6A. Adoption of 2014 National Electrical Code and 2015 State Building Code Physical Development Director Nevinski presented the staff report and answered questions from Council. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Ordinance #543, amending the City Code, adopting the 2015 State Building Code and Incorporation of the 2014 National Electric Code on first consideration upon a vote being taken the following voted in favor of: Harris, Fonnest, Clausen, Schmidgall and Snope, the following voted against: none and the motion carried. 6B1. METRO Blue Line Extension Update Planning Manager Zimmerman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to receive and file the METRO Blue Extension update and the motion carried unanimously. 6132. Petition the Surface Transportation Board to require an Environmental Impact Statement (EIS) on construction of Railroad Connector Track in Crystal Physical Development Director Nevinski presented the staff report and answered questions from Council. There was much Council discussion regarding the petition to the Surface Transportation Board to require an EIS on the construction of the railroad connector track. Mayor Harris recommended amending the purposed resolution by the addition in the 4th paragraph of "many west metro cities" and add the cities of "New Hope and Plymouth" and in the last paragraph the addition of"the White House Intergovernmental Affairs Office and United States Department of Transportation's Secretary." MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 15-13 for the City of Golden Valley to petition the Surface Transportation Board to require an Environmental Impact Statement on construction of Railroad Connector Track in Crystal, Minnesota as amended upon a vote being taken the following voted in favor of: Harris, Fonnest, Clausen, and Snope, the following voted against: Schmidgall and the motion carried. Official City Council Minutes -5- February 17, 2015 6C. Announcements of Meetings Some Council Members may attend the Seven Dreams Education Foundation Bird Bash on February 21, 2015, starting at 5 pm at the Minneapolis Marriot Northwest in Brooklyn Park. Some Council Members may attend the West Metro Home Remodeling Fair on February 22, 2015, from 10:30 am to 3.30 pm at the Eisenhower Community Center, 1001 Highway 7. Interviews for the Bottineau Community Advisory Committee will be held on February 23, 2015, at 5 pm in the Council Conference Room. A City Council Strategic Planning Retreat will be held on February 23, 2015, at 6:30 pm. The Neighborhood Watch Block Captains Meeting will be held on February 24, 2015, at 7 pm at the Police Department. Some Council Members may attend the METRO Blue Line Extension Public Meeting on February 26, 2015, from 6 to 7:30 pm at St. Margaret Mary Church, 2323 Zenith Avenue. Some Council Members may attend the Robbinsdale Area Schools Empty Bowls Event on March 3, 2015, from 4 to 7 pm at the Sandburg Learning Center. The next City Council Meeting will be held on March 3, 2015, at 6:30 pm. 6D. Mayor and Council Communication Council Member Clausen stated the Northwest Suburbs Cable Communications Commission is seeking for a new commissioner to fill the vacancy due to the resignation of the current commissioner. Registration for the Run in the Valley event in April is now available. Many Park and Recreation events will be featured in the upcoming CityNews. Mayor Harris reminded residents that the warming houses are now closed for the season. 7. Adjournment MOTION made by Council Member Snope, seconded by Council Member Schmidgall, and the motion carried unanimously to adjourn the meeting at 8:44 pm. Shep rd Harris, May r ATTEST: Kristine A. Luedke, City Clerk