09-20-18 City Council Minutes 0ty Off` OFFICIAL MINUTES
1d CITY COUNCIL MEETING
all GOLDEN VALLEY, MINNESOTA
September 20, 2018
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1 B. Roll Call
Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and
Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City
Clerk Luedke.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve
the agenda of September 20, 2018, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
approve the consent agenda of September 20, 2018, as submitted and the motion carried.
3A1. Approve Minutes of Special Council/Manager Meeting - June 5, 2018
3A2. Approve Minutes of Council/Manager Meeting - June 12, 2018
3A3. Approve Minutes of City Council Executive Session - September 4, 2018
3A4. Approve Minutes of City Council Meeting - September 4, 2018
3113. Approve City Check Register and authorize payment of the bills as submitted.
3C1. Receive and file the gambling license exemption and approve the waiver of notice
requirement for The Community of Recovering People dba The Retreat.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - July 23, 2018
2. Board of Zoning and Appeals - July 24, 2018
3. Human rights Commission - July 24, 2018
3E1. Authorize the City Manager and Mayor to execute the School Resource Officer Service
Agreement with Independent School District 281.
3F. Adopt Resolution 18-54, approving the appointment of Election Judges and Absentee
Ballot Board for the General Election to be held on November 6, 2018.
3G. Receive and file the July 2018 Financial Reports.
3H. Adopt Resolution 18-55, ordering Preparation of Feasibility Report for the 2020
Pavement Management Program and authorize an agreement for Professional
Engineering Services with Short Elliott Hendrickson, Inc. in an amount not to exceed
$373,500.
31. Adopt Resolution 18-56, relating to the Financing of the City's 2020 Pavement
Management Program and Establishing Compliance with Reimbursement Bond
Regulations under the Internal Revenue Code.
3J. Authorize the Mayor and City Manager to execute a Legal Services Agreement with
Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2019,
through December 31, 2022.
Official City Council Minutes -2- September 20, 2018
4. PUBLIC HEARINGS
4A. Public Hearing - Vacate Easements at 845 Meadow Lane North
Development and Assets Supervisor Eckman presented the staff report and answered questions
from Council. City Attorney Cisneros answered questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
Resolution 18-57, vacating easements at 845 Meadow Lane North upon a vote being taken the
following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following
voted against: none and the motion carried.
4B. Public Hearing - Vacate Easements at 1001 and 1005 Quebec Avenue North
Development and Assets Supervisor Eckman presented the staff report and answered questions
from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt
Resolution 18-58, vacating easements at 1001 and 1005 Quebec Avenue North upon a vote
being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and
Schmidgall, the following voted against: none and the motion carried.
5. OLD BUSINESS
6. NEW BUSINESS
6A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue North
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mr. Randy Engle, architect with Buetow and Associates, Inc., came forward and said he was
representing the business owner, Mr. Olshansky. He said Mr. Olshansky broke new ground with
his adult daycare concept and added that the business owner is not refusing to comply with what
the City wants. Mr. Engle provided a response to the findings listed in the staff report and said Mr.
Olshansky has been trying to keep within the conditions of the Conditional Use Permit.
Mr. David Olshansky, President, DRAM Properties, explained his business plan, provided a
history of his company and details on his business growth since 2003. He said is his main
business is adult daycare but he allows clients to schedule after hour events at his location. He
said that if something were to happen during the events, he always has security on site.
There was Council discussion regarding the revocation of the Conditional Use Permit for 800
Boone Avenue North.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to revoke
the Conditional Use Permit 119 for 800 Boone Avenue North based on the findings contained in
this staff report and the motion carried.
Official City Council Minutes -3- September 20, 2018
6A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue - continued
MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to stay
the revocation of Conditional Use Permit 119 until November 7, 2018, and refer the matter to the
Planning Commission to review and advise the City Council prior to that date and the motion
carried.
6B. Approve Agreements for DeCola Ponds B and C Improvement Project
Development and Assets Supervisor Eckman presented the staff report and answered questions
from Council. City Manager Cruikshank answered questions from Council.
The Council thanked staff, State Representatives and the other partners involved in the project.
MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to
approve the Grant Agreement with the Department of Natural Resources for the DeCola Ponds
B and C Improvement Project and the motion carried.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve
the Cooperative Agreement with Bassett Creek Watershed Management Commission for
DeCola Ponds B and C Improvement Project and the motion carried.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve the Agreement with Barr Engineering Co. for the DeCola Ponds B and C Improvement
Project Final Design and the motion carried.
6C. Authorize Agreement for Engineering Services for the Meadowbrook School Turn
Lane Improvements City Project 18-17
Assistant City Engineer Kakach presented the staff report and answered questions from
Council. City Manager Cruikshank and Development and Assets Supervisor Eckman answered
questions from Council.
There was Council discussion regarding the Meadowbrook School Turn Lane Improvements
project. The Council thanked staff for their work on the project.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
authorize an agreement with Short Elliot Hendrickson, Inc. for the design and construction of the
Meadowbrook School Turn Lane Improvements in an amount not to exceed $90,000 and the
motion carried.
6D. Adopting Proposed 2019 Budget and Proposed Tax Levies Payable in 2019
Finance Director Virnig presented the staff report and answered questions from Council. City
Manager Cruikshank answered questions from Council.
There was Council discussion regarding the proposed 2019 budget and proposed Tax Levies
payable in 2019. The Council thanked staff for their work on the budget.
Official City Council Minutes -4- September 20, 2018
61). Adopting Proposed 2019 Budget and Proposed Tax Levies Payable - continued
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt
Resolution 18-59, for Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 upon a
vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and
Schmidgall, the following voted against: none and the motion carried.
6E. Review of Council Calendar
Some Council Members may attend the preview of the Golden Valley Historical Society
Museum on September 21, 2018, from 5:30 to 8 pm located at 6731 Golden Valley Road.
Some Council Members may attend the Golden Valley Historical Society Museum Opening on
September 22, 2018, from noon to 4 pm located at 6731 Golden Valley Road.
Some Council Members may attend the Market in the Valley on September 23 and 30, 2018,
from 9 am to 1 pm on the City Hall Campus.
Some Council Members may attend the Golden Valley Business Council on September 27,
2018, from 7:30 to 9 am at Brookview.
The next City Council Meeting will be held on October 2, 2018, at 6:30 pm.
Some Council Members may attend the League of Women Voters Candidate Forum on
October 4, 2018, at 7 pm in the Council Chambers.
Mighty Tidy Day will be held on October 6, 2018, from 8 am to 1 pm in Brookview Park.
Some Council Members may attend the Kelly Drive Pumpkin Festival on October 6, 2018,
starting at 11 am located at the Kelly Drive and Duluth Street Intersection.
The Golden Valley Fire Department Donut Day will be held on October 6, 2018, at 8 am at all
three fire stations.
6F. Mayor and Council Communication
Mayor Harris thanked the Golden Valley Arts and Music Festival and Golden Valley Golf and
Lawn Bowling Classic event committee members, city staff and volunteers for making both of
the events successful and fun. He also thanked the Human Rights Commission and city staff for
their week of service in honor of September 11 and said he attended the PRISM Drive Out
Hunger event and urged residents to drop off donations.
Council Member Clausen and Rosenquist also thanked the Human Services Commission and
Brookview for the Golden Valley Golf and Lawn Bowling Classic event.
City Clerk Luedke said that absentee voting will begin on September 21, 2018, for the
November 6, 2018, General Election.
There was Council discussion regarding social media issues and the Open Meeting Laws. City
Attorney Cisneros provided information on the law and answered questions from Council.
Official City Council Minutes -5- September 20, 2018
7. ADJOURNMENT
MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist and the
motion carried to adjourn the meeting at 8:40 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk