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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