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2022-12-20 Regular Meeting December 20, 2022 — 6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Finance Director Virnig, Environmental Resources Supervisor Eckman, Environmental Specialist Chirpich, City Engineer Kakach, Planning Manager Zimmerman, and City Clerk Schyma 1C. Presentation of Bill Hobbs Award Winners Deputy City Manager/Human Resources Director Santelices and Diversity, Equity, and Inclusion Commissioner Joelle Allen discussed and presented the awards to Marti Micks and Rose McGee. 1D. Certificate of Appreciation for Outgoing State Representative Ryan Winkler Mayor Harris presented the certificate of appreciation to outgoing State Representative Ryan Winkler. 1E. New Employee Introductions Finance Director Virnig introduced IT Supervisor John Peterson. 2. Additions and Corrections to Agenda The Council noted that Item #3D7 - Approve Douglas Drive/Highway 55 Underpass Easement Agreements for 6401 Westchester Circle, Resolution No. 22-114 needed to be removed from the DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD agenda to be considered at a future meeting. Motion by M. Harris, Second by Rosenquist to approve the agenda as amended. Motion carried 5-0. 3. Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3C.2. Accept Resignation from the Planning Commission; #3D.4. Approve Settlement Agreement in Howard v. City of Golden Valley; #3E.1. Adopt Resolution No. 22-115 Accepting a Donation from the Crime Prevention Fund for the Police Department's Awards and Promotions Reception; #3E.2. Adopt Resolution No. 22-116, Acceptance of Ongoing Donations; and #3M. Adopt Resolution No. 22-123 Supporting No Mow May Initiative. Motion carried 5-0. 3A. Approval of Check Register 3B. Licenses: 3B.1. Approve 2023 Therapeutic Massage Facility License Renewals 3B.2. Approve Cigarette/Tobacco License Renewals 3B.3. Approve Temporary On-Sale Liquor License - The Loppet Foundation 3C. Boards, Commissions, and Task Forces: 3C.1. Receive and File October 24, 2022 Environmental Commission Meeting Minutes 3C.2. Accept Resignation from the Planning Commission 3D. Bids, Quotes, and Contracts: 3D.1. Approve Purchase of Park Maintenance Equipment 3D.2. Approve Purchase of Super Duty Pickups 3D.3. Approve Amendment to Prosecution Services Agreement with Chestnut Cambronne 3D.4. Approve Settlement Agreement in Howard v. City of Golden Valley 3D.5. Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-20 with Blackstone Contractors LLC. 3D.6. Authorize Pre-purchase of Box Culvert Material for Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project 3D.7. Approve Douglas Drive/Highway 55 Underpass Easement Agreements for 6401 Westchester Circle, Resolution No. 22-114 (removed from agenda) 3D.8. Approve Professional Services Agreement with Short Elliott Hendrickson, Inc. for Public Improvements Observation at 6300 Olson Memorial Highway 3E. Grants and Donations: 3E.1. Adopt Resolution No. 22-115 Accepting a Donation from the Crime Prevention Fund for the Police Department's Awards and Promotions Reception 3E.2. Adopt Resolution No. 22-116, Acceptance of Ongoing Donations 3F. Approve 2023 City Calendar and Meeting Dates 3G. Adopt Resolution No. 22-117 Approving 2023 Council Appointments, Assignments, and Reimbursements 3H. Adopt Resolution No. 22-118 Approving Amendment to Employee Handbook 3I. Adopt Resolution No. 22-119 for Approval of City Department Structure DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD 3J. Adopt Resolution No. 22-120 Approving Compensation and Classification Tables 3K. Adopt Resolution No. 22-121 Approving an Interfund Loan for the Brookview Golf Irrigation System 3L. Adopt Resolution No. 22-122 Correcting Golden Valley Fire Relief Association By-Law Pension Amount and Terms of Pension Steps 3M. Adopt Resolution No. 22-123 Supporting No Mow May Initiative 3N. Receive and File Downtown Traffic Study 3. Items Removed From the Consent Agenda: 3C2. Accept Resignation from the Planning Commission Council Member La Mere-Anderson thanked Andy Johnson for his service on the Planning Commission. Motion by La Mere-Anderson, Second by Rosenquist to accept the resignation of Andy Johnson from the Planning Commission. Motion carried 5-0. 3D4. Approve Settlement Agreement in Howard v. City of Golden Valley Mayor Harris read a statement from the Council regarding the settlement agreement. Motion by M. Harris, Second by La Mere-Anderson Motion to approve Settlement Agreement in Howard v. City of Golden Valley Motion carried 5-0. 3E1. Adopt Resolution No. 22-115 Accepting a Donation from the Crime Prevention Fund for the Police Department's Awards and Promotions Reception Council Member Rosenquist thanked the Crime Prevention Fund for the donation. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-115 accepting the donation from the Golden Valley Crime Prevention Fund for the GVPD Awards and Promotion Reception on November 15, 2022. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 3E2. Adopt Resolution No. 22-116, Acceptance of Ongoing Donations Council Member Rosenquist thanked the community for the ongoing donations to the Human Services Foundation and Noah Joynes Youth Recreation Fund. Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-116 Accepting DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD Donations for Ongoing Programs. Motion carried 5-0. 3M. Adopt Resolution No. 22-123 Supporting No Mow May Initiative Environmental Resources Supervisor Eckman and Environmental Specialist Chirpich discussed the initiative and thanked Council for their support of environmental programs. Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-123 Supporting No Mow May Initiative. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing 4A. Public Hearing on Proposed Improvements for the 2023 Pavement Management Program, Project #23-01, Resolution No. 22-124 City Engineer Kakach discussed the staff report, Pavement Management Program, and Project #23.01. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-124 accepting Feasibility Report, approving plans and specifications, ordering construction, and authorizing bidding of Certain Proposed Public Improvements for the 2023 PMP. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4B. Conditional Use Permit No. 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a lot east of 1109 Zane Ave S, Ordinance No. 756 Planning Manager Zimmerman discussed the staff report, history of the conditional use permit, current use and condition of the site, and options available to the Council. Mayor Harris opened the public hearing. Ann Bennion, 1125 Welcome Circle, stated she doesn’t believe the applicant has lived up to their obligations of the original conditional use permit. She wants to know if the deed restriction to be put back on the property. However, she is concerned that if the CUP is removed then the neighborhood would be in even worse shape in regard to screening of the property. She wants a screening requirement for the property. Mary Pat Gibbs, 1113 Welcome Circle, spoke about her concerns regarding maintenance of the DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD property and wants a screening requirement. William Gibbs, 1113 Welcome Circle, wants the Council to following the Planning Commission recommendation and deny the amendment to the CUP. He wants the deed restriction to be put back on the property. Mayor Harris closed the public hearing. City Attorney Cisneros stated that currently the City has no mechanism to add the deed restriction back to the property. She added that deed restrictions are not the best method for ensuring compliance with zoning ordinances because deed restrictions can expire under Minnesota Statute. Council Member La Mere-Anderson stated she wishes there was a mechanism to hold the applicant more accountable for the failure of their commitment to the neighborhood. However, her main concern is to find the best solution for the neighborhood which she believes is to extend the deadline to June 30, 2023. The Council consensus was they want resolution for the surrounding properties in regards to screening requirements and for that reason can agree to extending implementation to a firm deadline for compliance of June 30, 2023 . Motion by M. Harris, Second by Sanberg to approve Ordinance No. 756, Conditional Use Permit Number 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a lot east of 1109 Zane Ave S with the amendment to Condition #5 so that it reads “Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall install the vegetative screening consistent with the approved landscape plan no later than June 30, 2023.” Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4C. Zoning Text Amendment - Updates to Mobile Vending Regulations, Ordinance No. 754 Planning Manager Zimmerman discussed the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Rosenquist, Second by La Mere-Anderson to adopt Ordinance No. 754 amending Sec. 113-31 Temporary Uses in order to update regulations for Mobile Vendors t o match the Master Fee Schedule. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4D. Zoning Text Amendment - Updates to the Official Zoning Map Requirements, Ordinance DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD No. 755 Planning Manager Zimmerman discussed the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Sanberg, Second by M. Harris to approve Ordinance No. 755 amending the zoning text to update the requirements associated with the official zoning map. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 5. Old Business 6. New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:56 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk DocuSign Envelope ID: 5E80E31B-DC64-4CFC-AFE2-DE488D757ECD