03-03-09 CC Minutes
Regular Meeting
of the
City Council
March 3, 2009
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on March 3, 2009 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Approval of Aaenda
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 3, 2009 as submitted.
Approval of Consent Aaenda
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 3, 2009 as amended: Removal of Gambling License Exemption and
Waiver of Notice Requirement - Rotary Club of Golden Valley and Gambling License
Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club.
"'Approval of Minutes - City Council Meetina - February 17. 2009
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of February 17, 2009 as submitted.
"'Bills and Claims
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
"'Rental Property Licenses
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
"'Solicitor's License - Andco. Inc.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Andco, Inc.
"'Solicitor's License - Town & Country Meats, Inc.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Town & Country Meats, Inc.
Regular Meeting of the City Council
March 3, 2009
Page 2
*Gamblina License Exemption and Waiver of Notice Reauirement ~ Glorvbound
MOVED by Shaffer, seconded by Scanlon.and motion carried to receive and file the
gambling license exemption and approve the waiver of notice requirement for Glorybound.
*Gamblina License Exemption and Waiver of Notice Reauirement - Rotarv Club of
Golden Vallev and Northwest Suburban Optimist Club
Council Member Pentel and Shaffer encouraged the public to attend the Rotary Club of
Golden Valley and Northwest Suburban Optimist Club events scheduled this spring.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file
the gambling license exemption and approve the waiver of notice requirement for the Rotary
Club of Golden Valley and Northwest Suburban Optimist Club.
*Minutes of Boards and Commissions
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - January 26, 2009
Joint Water Commission - November 5, 2008
Environmental Commission - January 26, 2009
Open Space and Recreation Commission - November 24, 2008
*Tractor Loader ~ Quotes
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
purchase of articulated wheel tool carrier/loader from Zeigler Cat Co., Inc. through the State
Material Management Division Contract for $99,185.58 and authorize the trade in of the
1992 Ford 655 under the same transaction.
*Compressor ~ Quotes
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
purchase one compressor from Zeigler, Inc., through the State Material Management
Division Contract, for $15,011.18, including sales tax.
*Utilitv Truck - Quotes
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to one 2009
Ford F150 Utilities Truck from Elk River Ford Dodge Jeep, Inc. and one utility truck box from
ABM Equipment, Inc. through the State Material Management Division Contract
for the total purchase amount of $30,663.91, including sales tax.
Regular Meeting of the City Council
March 3, 2009
Page 3
*Green/Tee Mower - Quotes
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
purchase of one new green/tee mower from MTI Distributing, through the State Material
Management Division Contract for $29,168.83, including sales tax.
*Letter from Siah St. Clair Reaardina Resianation from Environmental Commission
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and
file the email from Siah S1. Clair, dated February 18, 2009 regarding resignation from the
Environmental Commission; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
*Authorization to Sian Service Aareements with Home Free and YMCA
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the
City Manager to sign the service agreements with Missions Inc.lHome Free and YMCA of
Metropolitan Minneapolis, Northwest Branch.
*Affirmina Support of Pursuina Hennepin County Transit Oriented Development
Fundina for Doualas Drive Corridor Roadway Improvements 09-17
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 09-17
RESOLUTION AFFIRMING GOLDEN VALLEY'S SUPPORT OF PURSUING
HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT FUNDING FOR
ROADWAY IMPROVEMENTS IN THE DOUGLAS DRIVE CORRIDOR
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis,
Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor and her
signature attested by the City Clerk.
Regular Meeting of the City Council
March 3, 2009
Page 4
Public Hearing - Preliminary Plan and Subdivision Review - PUD #107 - The Towers at
West End -Southwest Quadrant of 1-394 and Highway 100 - Duke Realty. Applicant
David Bade, Development Manager and Pat Mascia, Senior Vice President, Twin Cities
Operations, Duke Realty, reviewed the plans and answered questions from the Council.
Mark Grimes, Director of Planning and Development, presented the staff report and
Planning Commission report and answered questions from the Council. Thomas Burt,
Jeannine Clancy and Allen Barnard answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were afforded
the opportunity to express their views thereon.
Ken Huber, 1420 Alpine Pass, South Tyrol Hills Neighborhood Association, President,
wanted to know when the frontage road is being turned over to the City by MnDOT and
what that will mean for the neighborhood, encouraged there will be a meeting to discuss
traffic calming measures with the neighborhood and wanted to know when the meeting will
be held; stated the neighborhood already sees some shortcomings with parts of the
frontage road; feels that even if a development wasn't being done the city should correct the
frontage road problems; feel that any increase in traffic along the frontage road will
aggravate the pre-existing problems of the frontage road; feels the road issues should be
taken care of now rather than wait until the parking ramps are built; the neighborhood feels
they will be hit hard by the traffic just by virtue of the shops at the west; wanted to know how
much funding will be provided by the developer to fix the traffic issues; wanted to know if the
traffic measures will be adequate and had questions about the bump outs.
Scott Lewis, 1345 Fairlawn Way, wanted to know if there is an option to dead end some of
the adjacent streets, expressed concern for the traffic in the area; stated he has children
and is worried about their safety, stated the neighborhood welcomes the new development.
Robert Lazear, 1519 Natchez Avenue South, stated he sent a letter last year that addresses
the points he wants to make, stated the neighborhood is supportive of the development,
particularly the retail and want the project to work; feels a good pedestrian and bike access
from South Tyrol to St. Louis Park streets is pretty essential, otherwise you will have young
people trying to cross the frontage road; feels there should be a stop light or walk bridge,
expressed concern that there traffic plan is not settled; stated when he goes to work in the
morning it is difficult to get out; traffic is moving fast and there is a blind curve with terrible
sight lines; feels there should be some kind of a traffic control device like a stop light to
create a break from these additional 1 ,000 cars as they Wayzata Boulevard; feels the bump
outs might help a little but they won't do anything for the problem that already exists; feels a
task force should be formed to help decide where the traffic lights should be installed; feels
the traffic issues should be dealt with now that when it's too late to make changes; wanted
to know if the parking ramp can be done in stages.
Regular Meeting of the City Council
March 3, 2009
Page 5
Public Hearina - Preliminary Plan and Subdivision Review - PUD #107 - The Towers at
West End -Southwest Quadrant of 1-394 and Hiahwav 100 - Duke Realty. Applicant-
Continued
James Murray, 1520 Natchez Avenue South, he had a questions about the traffic study;
wanted to know if the study has a comprehensive view of what the traffic is going to do,
things have changed since the study was done, MnDOT has added a traffic lane; at the end
of the working day it is almost like a parking lot as traffic going south on Highway 100 is
backed up and is bumper to bumper; people are going to come out of the office building get
in their cars go down Wayzata Boulevard past the Target building to get down to the Penn
Avenue exit to get direct access to the freeway, accesses have been provided now for them
to be able to do that, feels there should be some updating of the traffic study, bring in some
relevant numbers as to what is going on right now and what is going to exist in a year from
now and how that is going to affect traffic because there will be more building construction
for the other side 394 and there will be more traffic adding into that intersection.
Todd Shipman, 1510 Fairlawn Way and 1408 Alpine Pass, supports what the previous
neighbors have stated; expressed concern over the limited access to the neighborhood for
the fire and police departments; fees a stop light should be installed on the corner where
thee underpass is on the frontage road; feels if it not installed now it will be needed in the
future; expressed concern for the traffic and pedestrian safety; stated he takes the bus and
it is a little scary waiting for the bus; sometimes the sidewalks are clear in the winter and
sometimes they are not; walking to the bus is dangerous because of the ice and the traffic;
feels a stop light is a must; the bus stop is right after you get off the mass transit lane and
you are under the underpass; feels you risk you life to cross the street; expressed concern
for children going to the shops; stated there should be a park and ride lot in the parking
ramp; stated the area by Edina Realty is already used for a park and ride; the transit
corners for the people coming to work at the shops and office buildings should also be
considered; feels the curve past Chili's is a nightmare and feels that someone might get hit;
and some considerations should also be made for the bicycle traffic on the frontage road.
James Murray, 1520 Natchez Avenue South, read and submitted a letter from Grace
Hammond, 1520 Natchez Avenue South, the letter expressed concern about the traffic on
Wayzata Boulevard; the exit at Penn Avenue; the exits on to 394; and feels the highway
100 underpass should be blocked off.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
preliminary design plan, The Towers at West End, PUD No. 107, subject to the following
conditions:
Regular Meeting of the City Council
March 3, 2009
Page 6
Public Hearina - Preliminary Plan and Subdivision Review - PUD #107 - The Towers at
West End -Southwest Quadrant of 1-394 and Hiahwav 100 - Duke Realty, Applicant-
Continued
1. The parking deck shown in the plans for The Towers at West End prepared by Duke and
Walsh Bishop Architects and dated February 18, 2009 shall become a part of this
approval.
2. The parking deck will be phased with the first phase consisting of about 1,200 parking
spaces on seven levels.
3. The memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and
Development, dated January 21,2009, is incorporated into this approval and the
recommendations therein, except for number 4 thereof, are requirements of this
approval.
4. The memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning
and Development, dated January 9,2009, is incorporated into this approval and the
recommendations thereof are requirements of this approval.
5. The Preliminary Plat of The Towers at West End is acceptable once the changes
recommended by the City Engineer have been made.
6. There shall be a safe and attractive pedestrian access route from the Tyrol area through
both the office buildings and parking ramp to the retail area.
7. A neighborhood meeting will be held to discuss traffic calming issues prior to final plan
approval.
8. Reasonable traffic volume measurements shall be made after the completion of at least
each stage of the development and if additional traffic calming methods are required, the
developer shall be responsible for promptly completing them.
9. The Developer shall provide a traffic management plan which is acceptable to the City
and the Developer shall be responsible for completing all aspects of it.
10. There shall be at least an 8 foot sidewalk along the public and private streets on the east
side of the parking ramp.
11. There shall be at least a 15 foot setback along the public street on the east side of the
parking ramp.
Continued Public Hearina - Ordinance #416 - Amendina Section 11.03, Reaardina
Averaae Grade and Buildina Heiaht Definitions
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Jeannine Clancy, Thomas Burt and Allen Barnard
answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were afforded
the opportunity to express their views thereon. Hearing and seeing no one, the Mayor
closed the public hearing.
Regular Meeting of the City Council
March 3, 2009
Page 7
Continued Public Hearina - Ordinance #416 - Amendina Section 11.03. Reaardina
Averaae Grade and Buildina Heiaht Definitions - Continued
MOVED by Pentel, seconded by Freiberg and motion carried to continue the consideration
of Ordinance No. 416, Amending Section 11.03, Regarding Average Grade and Building
Height Definitions at the March 17,2009 City Council meeting.
Announcements of Meetinas
Some Council Members may attend the League of Women Voters meeting on March 7,
2009 at 9:30 am at the Minnetonka City Hall.
The Douglas Drive Corridor Study Committee will meet on March 17,2009 at 7:15 am at
City Hall.
The next Council/Manager meeting will be held on March 10, 2009 at 6:30 pm.
Some Council Members may attend the Golden Valley Historical Society Meeting on March
12,2009 at 7 pm at the Golden Valley Historical Society.
The Annual Council workshop on March 14,2009 at 9 am at the Brookview Grill.
The next City Council meeting will be held on March 17, 2009 at 6:30 pm.
A Bassett Creek Water Management Commission will be held on March 19, 2009 at 11 :30
am.
The State of the City will be held on March 20, 2009 at 7:30 am at City Hall.
Some Council Members may attend the Golden Valley Run the Valley RacelWalk on April 4,
2009 beginning at 8:30 am at the Davis Community Center at Meadowbrook Elementary.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 9: 1 0 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant