02-21-12 CC Minutes Regular Meeting
of the
City Council
February 21, 2Q12
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 February 21, 2012 at 6:30 pm.
The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also
present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pledqe of Alleqiance
The Pledge af Allegiance was recited.
Board/Commission Oath of Office and Presentation of Certificate of Ap�ointment
Mayor Harris administered the oath of office and presented a Certificate of Appointment,
mug and city pin to Damon Struyk, Environmental Commission.
Citv Enqineers Association of Minnesota (CEAM) 2011 Proiect of the Year
Jeannine Clancy introduced Jeff Oliver, City Engineer and Mitchell Hoeft, EIT Engineer.
The Council congratulated Jeff Oliver and Mitchell Hoeft for the City Engineers Association
of Minnesota Praject of the Year Award: 2011 Trunk Watermain Rehabilitation Project.
Jeff Oliver and Mitchell Hoeft thanked the Council for their support for the project.
Receipt of 20'11 Police Department Annual Report
Stacy Carlson, Police Chief, presented the Annual Report and answered questions from
the CounciL
MOVED by Pentel, seconded by Scanlon and motion carried unanimausly ta receive and
file the 2011 Police Department Annual Report.
Approval of Aqenda
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously ta approve the
agenda of February 21, 2012 as Letters and Emails Regarding Theodore Wirth
Park/Bottineau Transit including letters regarding Three Rivers Trail Maintenance and
Douglas Drive Roundabout.
Regular Meeting of the City Council
February 21, 2012
Page 2
Approval of Consent Aqenda
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
agenda of February 21, 2012 as amended: removal of Approval of Minutes -
Council/Manager Meeting - January 10, 2012; and Joint Meeting of the City Council,
Planning Commission, Environmental Commission and Open Space and Recreation
Commission - January 30, 2012; Gambling License Exemption and Waiver of Notice
Requirement - Northwest Suburban Optimist Club; Manhole Covers - Quotes; Authorization
to Sign Agreements with Metropalitan Council Environmental Services for Relief �ift Statian
and Forcemain Project - Segment 1 Cooperative Agreement - Segment 2 Amended and
Restated Cooperative Agreement; Authorization to Sign Purchase Agreement for 1850
Toledo Avenue North and Autharization to Sign Agreement with the Metropolitan
Consortium of Community Developers for Open To Business.
Approval of Minutes - Council/Manaqer Meetinq - Januarv 10 2012; and Special
Council/Manaqer Meetinq - Januarv 30, 2012
Council Member Pentel stated the minutes of the included in the agenda are the
Council/Manager Meeting of January 30 not the Joint Meeting of the City Council, Planning
Commission, Environmental Commission and Open Space and Recreation Commission.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
Council/Manager Meeting of January 10, 2012; and Special Council/Manager Meeting of
January 30, 2012 as submitted.
*Approval of Check Reqister
MOVED by Freiberg, second�d by Scanlon and motion carried unanimously to authorize
the payment of the City and Housing and Redevelopment Authority bills as submitted.
*Rental Propertv Licenses
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize
the issuance of licenses as recommended by staff.
Gamblinq License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
Council Member Pentel encouraged the public to attend the Northwest Suburban Optimist
Club Gala on May 24, 2012.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver af notice requirement for
Northwest Suburban Optimist Club.
Regular Meeting of the City Council
February 21, 2012
Page 3
Manhole Covers - Quotes
Mayor Harris had questions about the manhole cover design. Jeannine Clancy answered
questions from the Council.
MOVED by Seanlon, seconded by Clausen and motion carried unanimously to purchase
200 solid manhole covers from the lawest responsible bidder Ess Brothers and Sons, Inc.
far $24,795.00 including sales tax. The quotes are as fallows:
Ess Brothers and Sons, Inc. $24,795.00
Neenah Foundry Company $27,291.25
�`Van - Quotes
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to purchase a
Dodge Van 7-passenger through the Minnesota Materials Management Division from
Dodge of Burnsville for $21,21 Q.
*Air Compressor - Quotes
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to purchase of
an air compressor through the Minnesota Materials Management Division from Zeigler
Caterpillar Inc. including sales tax for $22,545.01.
*Letters and/or Emails Reqardina Theodore Wirth Park/Bottineau Transit Three
Rivers Trail Maintenance and Douqlas Drive Roundabout
MOVED by Freiberg, seconded by Scanlan and motion carried unanimously to receive and
file the emails and letters regarding Theodore Wirth Park/Bottineau Transit Three Rivers
Trail Maintenance and Douglas Drive Roundabout.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - January 23, 2012
Human Services Foundation - November 14, 2011
Joint Water Commission - December 7, 2011
Open Space and Recreation Commission - November 28, 2011
Bassett Creek Watershed Management Commission - November 16, 2011
Regular Meeting of the City Council
February 21, 2012
Page 4
*Approval of Conditional Extension for Filinq of Plat and Submittinq Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and
Hiqhway 100 - Duke Realtv, Applicant
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve an
extension far submittal of the Final PUD Plan application and the Final Plat for The Towers
at West End, PUD No. 107 until August 20, 2012, subject to the following conditions:
1. Duke shall submit cash deposits as requested by the City to cover legaf and
engineering costs incurred by the City for consideration of the Preliminary Plan.
2. Duke will be financially responsible fior road construction under TH 100 and intersection
improvements on the east side of TH 100 and traffic calming along the fronfage road
east of TH 10Q, to occur at the time building permits are applied for by Duke.
3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in
the construction of the 1-GV-461 Reliever project. The Reliever project is required to be
constructed by MCES to increase sanitary sewer capacity to serve Duke's West End
development and other future development in certain parts of Golden Valley and St.
Louis Park. MCES and Duke to reach a conclusion on the permanent location af the lift
station, the force main alignment, and all other appurtenances needed for the
construction of the 1-GV-461 force main within the vicinity of the Duke property. All
temporary and permanent easements shall be identified, and all land shall be
transferred in connection with the project. If the City or MCES determines that there has
not been adequate cooperation from Duke, the City retains the right to place additional
conditions on future extensians to the Preliminary PUD Plan or the Final PUD Plan.
4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in
accordance with the requirements of the PUD. Staff will report the status of Duke's
progress with the MCES in 60 days. If adequate progress is being made to meet the
terms of the PUD, the Council may extend the PUD for an additional term not to exceed
120 days. If adequate progress is not being made to meet the terms of the PUD, the
Council may revoke any further extension of the PUD preliminary approval beyond the
first approximate 6Q days. If Council finds that adequate progress is being made to
meet the terms of the PUD, the Council may permit the extension of the PUD
preliminary approval to continue for the remaining appraximate 120 days.
Authorization to Siqn Aqreements with Metropolitan Council Environmental Services
for Relief Lift Station and Forcemain Proiect - Seqment 1 Cooperative Aqreement -
Seqment 2 Amended and Restated Cooperative Aqreement
Mayor Harris stated that the lift statian will be placed on the west side af Highway 100.
MOVED by Clausen, seconded by Freiberg and motion carried unanimously to authorize
the Mayor and City Manager to sign the Cooperative Agreement: 1-GV-461 Relief Lift
Station and Forcemain Project (Segment 1) and Amended and Restated Coaperative
Agreement: 1-GV-461 Relief Lift Station and Forcemain Project (Segment 2).
Regular Meeting of the City Council
February 21, 2012
Page 5
*Authorization to Siqn Aqreements for 2012,Pavement Manaqement Proqram .
Sanitarv Sewer Repair Proqram
MOVED by Freiberg, seconded by Scanlon and motian carried unanimously to authorize
entering into Master Agreements for the 2012 Pavement Management Program Sanitary
Sewer Repair Program with the following companies: Gene's Water and Sewer, Highview
Plumbing, Minneapolis Suburban Sewer and Water and Ouverson Sewer and Water.
*Receipt of January 2012 Financial Reports
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and
file the January 2012 Financial Reports.
*Second Consideration - Ordinance #478 -Amendment to Section 6.35, Expanding
Commercial and Institutional Recvclinq Proqram
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 478, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 6.35, Expanding Commercial and Institutional Recycling Program
MOVED by Freiberg, seconded by Scanlon and motion carried ta adopt on Second
Consideration Ordinance #478, 2nd Series. The vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Second Consideration - Ordinance #479 - Amendment to the 2012 Master Fee
Schedule - Commercial and Institutional Recvclinq
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 479, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Commercial and Institutional Recycling
MOVED by Freiberg, seconded by Scanlon and motion carried to adopt on Second
Consideration Ordinance #479, 2nd Series. The vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Regular Meeting of the City Council
February 21, 2012
Page 6
Authorization to Siqn Purchase Aqreement for 1850 Toledo Avenue North
Council Member Pentel stated that obtaining this property has been a goal of the Planning
Commission and City Council and wanted to highlight the purchase for the neighborhood.
Member Pentel introduced the following resolution and moved its ad4ption;
RESOLUTIQN 12-11
RESOLUTION APPROVING THE PURCHASE OF THE REAL PROPERTY
LOCATED AT 1850 TOLEDO AVENUE NORTH ANQ AUTHORIZING
THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adapted, signed by the Mayor
and his signature attested by the City Clerk.
*Letter of Support for Shelter Corporation's Application for HOME Funding
MOVED by Freiberg, seconded by Scanlon and motion carried to authorize the Mayor to
sign the letter of support on behalf of the Shelter Corporation's application for rehabilitation
of the Golden Valley Townhomes, located at 2100 Douglas Drive.
Authorization to Siqn Aqreement with the Metrouolitan Consortium of Community
Developers for Open To Business
Council Member Pentel highlighted the Open To Business program that is available to local
businesses.
MOVED by Pentel, seconded by Scanlon and motion carried to authorize the City Manager
to sign the Contract for Services Between the Cities of Golden Valley and New Hope &
Metropolitan Consortium of Community Developers for the Open To Business Program.
*Establishinq Limited Clean-up and Propertv Damaqe Protection for Sewer Back-ups
and Water Main Breaks for Water and Sewer Customers
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 12-12
RESOLUTION ESTABLISHING LIMITED CLEAN-UP AND PROPERTY DAMAGE
PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR
WATER AND SEWER CUSTOMERS '
Regular Meeting of the Gity Council
February 21, 2012
Page 7
*Establishinq Limited Clean-up and Propertv Damaqe Protection for Sewer Back-ups
and Water Main Breaks for Water and Sewer Customers - Continued
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Public Hearinq - Preliminary Desiqn Plan Approval - PUD #88 - Breck Addition -
Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant
Mayor Harris stated that due to a potential perceived canflict of interest he would recuse
himself from the discussion and voting from the issue. Mayor Harris turned the gavel over
to Mayor Pro Tem Freiberg. Mayor Pro Tem Freiberg stated for the record that he did
attend Breck School but there is no conflict of interest.
Edward Kim, Breck Headmaster, reviewed the preliminary plan and answered questions to
the GaunciL
Steve Schmidgall presented the Planning Commission report and answered questions from
the Council.
Joe Hogeboom, City Planner, and Bryanna Vidden, Planning Intern, presented the staff
report and answered questions from the Cauncil. Mark Grimes, Direetor of Planning and
Development; Thomas Burt, Jeannine Glancy and Allen Barnar� 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.
Kristen Charette, 327 Burntside Drive, feels the development is necessary, that Breck
School is dated and doesn't meet the changing needs of today's curriculum; wanted to
know all phases of development for the school; wanted to know when architectural
renderings of the school compound will be released ta the public; thought there would a
completed plan in place prior to phase 1 being started; expressed concern over the
negative impacts on the neighborhood during the 15 month project, construction haurs and
days, delivery of materials prior to 7 am or after 10 pm, noise of heavy construction trucks
arriving and departing; stated the project may last over 4 summers and asked if
consideration can be made to limit construction hours during the demolition process; feels
there should be a clear channel of cammunication between the construction management,
school, city and neighborhood; wanted to know if the project engineer could present an
overview of what is happening at each stage af development; suggested a web site be
created so neighbors can find out the project status; stated summer is when people like to
be out in their yards and requested consideration of limited weekend hcaurs; stated the use
Regular Meeting of the City Council
February 21, 2012
Page 8
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #$8 - Breck Addition -
Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant - Continued
of Natchez Park will diminished during the summer; stated garbage collection for the
school starts at 5:30 in the morning; stated during the school year there seems to be more
litter near the school and asked if the school would consider cleanup of the area as a
community outreach project; expressed concern about increased enrallment, and
increased traffic.
Jim Vas, 10 Natchez Avenue North, stated that when he moved near the s�hool he knew
there would be more traffic but feels the volume and speed of cars increases every year;
expressed concern that the Council would approve phase 1 of the proposed project without
seeing the other phases; feels that when the increase in enrollment is expected that there
may be no solution to the traffic and parking issues on the site; stated as an applicant for
the Allianz project they had to provide the Council with information about all phases of their
development, including parking capacity, traffic impacts on 394 and exit ramps and haw
the development would impact local streets; stated their neighborhood already experiences
high level of traffic and stated he has a difficult time trying to get out of his driveway in the
morning; thinks the possible traffic mitigation for future constructian should be reviewed;
expressed coneern about noise; construction traffic; stated the city can dictate construction
hours; and requested the Council ask the developer to provide a plan for future parking,
traffic management and future phases.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Scanlon and motion carried to approve the Preliminary
Design Plan, Amendment No. 1, PUD No. 88, Breck Addition, subject to the following
conditions and findings:
1. The plans submitted with the application shall become a part af this approval. These
plans were prepared by Holabird & Root and include the following: G1-3 site plan, G1-9
green roof & ground coverage diagrams, G1-10 overall 100, 150 & 200 level floor plans,
A2-1 foundation ftoor plan, A2-2 100 & 150 level floor plan, A2-3 200 level floor plan, A2-
4 300 level floor plan, A2-5 400 level floor plan, A2-6 500 level roof plan, penthouse plan
& 600 level penthouse roof plan, A2-7 150 north classroom renovation floor plan, A4-1
and A4-2 building elevations, A4-5 building sections, new upper school elevations and
diagram comparing height of existing chapel bell tower and proposed new building.
2. The recommendations and requirements outlined in the memo from Public Warks
Specialist Eric Eckman to Mark Grimes, Director of Planning and Qevelopment, dated
January 13, 2012, shall become a part of this approval.
3. All recommendations and requirements outlined in the memorandum from Deputy Fire
Marshal Ed Anderson to Mark Grimes, Director af Planning and Development dated
January 10, 2012, shall become a part of this approval.
4. All signs on the property must meet the requirements of the City's Sign Code.
Regular Meeting of the City Council
February 21, �012
Page 9
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #88 - Breck Addition -
Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant - Continued
5. This approvat is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
6. The Building Official, through the building permit will determine specific hours of
demolition that might be more restrictive prior ta final PUD approval.
7. Breck shall develop a communications plan with the neighborhood.
8. Provide architectural renderings for the final phases.
9. The Building Official will outline the construction traffic patterns for entering and exiting
the site.
Findin s
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. Preservation. The PUD plan preserves and protects substantial desirable portions of
the site's characteristics, open space and sensitive environmental features including
steep slopes, trees, scenic views, creeks, wetlands and open waters.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and
is consistent with the Comprehensive Plan and redevelopment plans and goals.
5. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and
all other PUD ordinance provisions.
Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - ABSTAIN
PENTEL - YES SCANLON - YES
Public Hearinq - Ordinance #480 - Final Desiqn Plan Approval - PUD #66 - JLO
Addition - Amendment#4 - 7200 Wavzata Boulevard - Jeff Lupient - Infiniti, Applicant
The following ordinance was MOVED by Scanlon, secanded by Freiberg:
ORDINANCE NO. 480, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amendment to Final Plan of Development
JLO Addition, P.U.D. No. 66, Amendment No. 4
7200 Wayzata Boulevard
Jeff Lupient - Infiniti, Applicant
Regular Meeting of the City Council
February 21, 2012
Page 10
Public Hearinq - Ordinance #480 - Final Desiqn Plan Approval - PUD #66 - JLO
Addition -Amendment#4 - 7200 Wavzata Boulevard - Jeff Lupient - Infiniti, Applicant
Jeff Lupient, Applicant, reviewed the plan and answered questions from the Council.
Steve Schmidgall, Planning Commissioner, presented the Gommission report and
answered questions from the Council.
Joe Hogeboom, City Planner, presented the staff report and answered questions fram the
Council. Thomas Burt answered questions from the Gouncil.
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 ane, the
Mayor closed the public hearing.
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to adopt
Ordinance #480, 2nd Series, as amended to including findings as outlined from the City
Code. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
A,pproval of Response Letter to Hennepin Countv Reaional Railroad Authoritv
Reqardinq Bottineau Transitwav Draft Environmental Impact Statement Scoping
Booklet
Joe Hogeboom, City Planner, introduced the agenda item and answered questians from
the CounciL
The Mayor opened the meeting for public input and persons present to do sa were
afforded the opportunity to express their views thereon.
Wayne DeTuncq, 1830 Theodore Wirth Parkway, stated studies have shown that if people
have to walk more than 2,000 feet from the station to #he use the parking lot the patranage
and usage suffers; stated that parking at Theodore Wirth Park is more than 2,000 feet from
the transit line; suggested that if a shuttle serviee is not provided the station won't get used;
stated he would not attempt to put parking in the depressed area near the station;
suggested building a parking deck on the same level as the bridge is on the north side of
the Golden Valley bridge with some parking; feels parking should not be provided down in
the hole as it is difficult to construct and expensive to maintain; suggested a station under
the bridge with a shuttle to parking at the Courage Center and Neurology clinic but did not
think an escalator from the bridge to the track would work.
The Mayor closed the public hearing.
Regular Meeting of the City Council
February 21, 2012
Page 11
Approval of Response Letter to Hennepin Countv Reqional Railroad Authoritv
Re�ardinq Bottineau Transitwav Draft Environmental Impact Statement Scoping
Booklet - Continued
The Council discussed the letter and gave staff direction on amendments to the letter.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve
and sign the amended Bottineau Transitway Draft Environmental Impact Statement
Scoping Response Letter.
Announcements of Meetinqs
The Council will hold an Executive Session immediately after the City Council meeting to
discuss Dargi vs. City of Golden Valley et al lawsuit.
Some Council Members may attend the Home Remodeling Fair on February 26, 2012 from
10:30 am to 3:30 pm at the Eisenhower Community Center.
Some Council Members may attend the Open To Business Kick-off on March 1, 2012 from
4 to 6 pm.
The next City Council meeting will be held on March 6, 2012 at 6:30 pm.
Some Gouncil Members may attend the Neighborhood Watch meeting for�one 6 on
March 7, 2012 at 7 pm.
Mayor and Council Communications
Mayor Harris read an email from Paul Thomas complementing staff on the conditions of
the ice rinks in the parks.
Adiournment
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adjourn the
meeting at 8:48 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant