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04-03-12 CC Minutes Regular Meeting of the City Council April 3, 2012 Pursuant ta due catl 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 April 3, 2Q12 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. Pledge of Alleqiance The Pledge of Allegiance was recited. Approval of Aqenda MpVED by Clausen, seconded by Freiberg and motion carried unanimously to approve the agenda of April 3, 2012 as amended: Addition of Set Date far Board/Commission �inner. Approval of Consent Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously ta approve the agenda of April 3, 2012 as amended: Removal of Approval of Minutes - Council/Manager Meeting - March 13, 2012 and Notification Regarding Construction of Public Impravements and Exception to Noise Ordinance for MCES Project. Approval of Minutes - Council/Manaqer Meetinq - March 13, 2012 Council Member Pentel suggested that under Goal Setting follow-up she did not recall the Council came to a decision about an economic develapment plan or task force. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of March 13, 2012 as amended: under Goal Setting Follow-up (continued) remove the second sentence. *Approval of Check Reaister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the bills as submitted. Regular Meeting of the City Council April 3, 2012 Page 2 *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - February 28, 2012 Environmental Commission - February 27, 2012 Envision Connection Project Board of Qirectors - February 16; 2012 Bassett Creek Watershed Management Commission - February 16, 2Q12 Joint Environmental and Open Spac� and Recreatian Commission - February 27, 2Q12 *Brush Pick-up Proqram - Bids MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid for brush pick-up to the only bidder, Tim's Tree Services for $66,410. 2012 Pavement Manaqement Proqram: Award Contract, Authorization to Siqn Aqreement with SEH, Inc. for Con$truction Observatican and Enqineerinq Services, Authorization to Siqn Aqreement with Xcel Enerqv for Replacement of Decorative Streetliqhts and Authorization to Siqn Agreement with Xcel Enerqv for Replacement of Decorative Streetliqhts MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid for the 2012 Pavement Management Program from the lawest responsible bidder, GMH Asphalt Corporation for $4,077,429.67. The bids were as follows: GMH Asphalt Corporation $4,077,429.67 Northwest Asphalt $4,121,025.80 Valley Paving $4,150,450.99 Palda & Sons, Inc. $4,280,602.83 C.S. McCrossan Construction, Inc. $4,996,522.58 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2012 Pavement Management Pragram for an amount not to exceed $251,700. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize signing an agreement with Xcel Energy Outdoor Lighting to replace decorated streetlights and appurtenances in the 2012 Pavement Management Program for an amount nof to exceed $89.000. Regular Meeting of the City Council April 3, 2012 Page 3 Notification Reqardinq Construction of Public Improvements and Exception to Noise Ordinance for MCES Proiect Council Member Freiberg had questions regarding the recourse residents have regarding noise mitigation. Jeannine Clancy answered questions from the Council. MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and file the notification that MCES's construction will extend outside the hours of 7 am and 10 pm for the duration of its 1-GV-461 rehabilitation project, estimated to last four to six weeks. Public Hearinq � Preliminarv Plat Approval - Meadow Woods - 15 Meadow Lane North - Golden Vallev Land Companv, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Peter Knaeble, Applicant, reviewed the preliminary plat and answered questions from the Council. Cathy W�Idhauser, Planning Commission, presented the Commission report. Jeff Oliver, City Engineer, Jeannine Clancy, Allen Barnard answered questions from the Council. The Mayor opened the meeting for public input and persons present to da sa were afforded the opportunity to express their views thereon. Donald Browne, 4135 Leber Lane, stated that in past a developer had purchased praperty in the city and removed the trees and because of the economy the property was not developed and residents had to live with loss of the of the trees on the site; wanted to know if conditions could be set on this development that would avoid any removal of trees. Bonnie Dickel Hoffman, 4020 Roanoke Circle, expressed concern over placement of the driveway on Lot 4, requested that whenever visuals are shown at meetings if any amendments were made to the proposals that the visuals are up-to-date and not seeing old proposals; and expressed concern over storage and accumulation of snow. Anna Murray, 12 Meadow Lane, expressed concern over loss of the look of the property and stated people stop to appreciate the look at the property; concern over placement of mailboxes and traffic back-up with mail delivery; stated the road gets very icy and people can't get up the hill, stated she has had to snowplow street when cars and busses get stuck; encouraged placement of driveways on Glenwoad; lot 2 and 3 are not '/z aere lots; and suggested that the houses on lot 2 and 3 are too close together. Regutar Meeting of the City Cauncil April 3, 2012 Page 4 Public Hearinq - Preliminarv Plat Approval - Meadow Woods - 15 Meadow Lane Nor#h - Golden Vallev Land Companv, Applicant— Continued Tom Kersten, 709 Meadow Lane South, stated he believes this is the sweetest piece of property within the city; feels there are too many homes that will be developed on the property; suggested combining lots 2 3 those houses will be on top of each other and there will not be any yard, that setting doesn't fit into the neighbarhood. Mary Jo Browne, 4155 Leber Lane, concurs with what other neighbors said, stated the previous owner had a lot of visitors and people would swoop around the street, parking became a problem, and don't see why they have to have two houses when one would be sufficient. Robert Yost, 504 Janalyn Circle, wanted to know if there will be a demand for these homes since there are vacant properties in the neighborhood, feels it is a unique lot and home and a shame to see it developed; heard concerns about rights of the develaper and city liability but has nat heard about rights of the surrounding neighborhood expressed. Council Member Scanlon read a letter from Damon Struyk, 235 Sunnyridge Lane, feels private property rights should be respected; doesn't feel neighbors should dictate how your property is used; stated that most of the current homes in the neighborhood were created when the property was subdivided in the past; feels the City Code regulations will protect the neighborhood when properties are being developed; does oppose granting any variances given for the convenience of a developer; variances should not be granted lightly and be considered and welcomes new homes and potential new families. Mayor Harris read an email from Bruce Pappas, 20 Ardmore Drive, doesn't not believe the variance should be granted to reduce the lot width on lot 1 as it wauld make the lot out of compliance; encouraged the Council to enforce the City Code, suggested the Council revisit the issue af the reductian of the minimum square footage far lots at a future meeting. The Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried to approve the preliminary plat (She�t 4) without the variance, for Meadow Woods, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of $4,885.90 shall be paid before final plat approval. 3. The Gity Engineer's memorandum, dated March 8, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. Regular Meeting of the City Council April 3, 2012 Page 5 Public Hearinq - Preliminarv Plat Approval - Meadow Woods - 15 Meadow Lane North - Golden Vallev Land Companv, Applicant— Continued 5. All applicable City permits shall be obtained prior to the development of the new lots. 6. All other applicable local, state and federal requirements shall be met at all times. 7. Deed restrictions regarding fences are strongly encouraged. The vote was as follows: CI..AUSEN - YES FREIBERG - YES HARRIS - NO PENTEL - YES SCANLON - YES Authorizinq Issuance and Saie of: $1,605,000 General Obliqation Improvement Bonds, Series 2012A, $725,000 General Obliqation Equipment Certi�cates, Series 2012B and $6,110,000 Refinancinq General Obliqation Bonds, Series 2012C Sue Virnig, Finance Director, introduced the agenda item. Member Pentel introduced the following resolution and moved its adoption; RESOLUTION 12-25 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A 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 follawing voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayar and his signature attested by the City Clerk. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-26 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $725,OQ0 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B The motion for the adoption of the foregoing resolutian 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 adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council April 3, 2012 Page 6 Authorizinq Issuance and Sale of: $1,605,000 General Obliqation Improvement Bonds, Series 2012A, $725,000 General Obliqation Eguipment Certificates, Series 2012B and $6,110,000 Refinancinq General Obliqation Bonds, Series 2012C - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-27 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,110,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2012C The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken therean, 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 Mayar and his signature attested by the City Clerk. Authorization to Siqn Amended PUD Permit - Golden Vallev Commons PUD #7Q - Amendment#2 - 7802 Olson Memorial Hiqhwav - Starbucks Coffee Company, Applicant Edward Abrams, Construction Manager, Starbuck, reviewed the amendment and answered questions from the CounciL Joe Hogeboom, City Planner presented the staff report. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Golden Valley Commons, PUD #70, Amendment# 2, Starbucks Coffee Company. Announcements of Meetinqs The next Housing and Redevelopment Authority Meeting will be held on April 10, 2012 at 6:30 pm. The next Council/Manager meeting will be held on April 10, 2012 at after the Housing and Redevelopment Authority Meeting. A MCES Public Information Open House for the North Tyrol Park Neighborhood will be held on April 11, 2012 at 5:30 pm. Some Council M�mbers may attend the Golden Valley Historical Society Meeting an April 12, 2012 at 7 pm at the Golden Valley Historical Society. Regular Meeting of the City Council April 3, 2012 Page 7 Announcements of Meetinqs - Continued Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 14, 2012 beginning at $ am at the Brookview Community Center. Some Council Members may attend the fire truck display on April 17, 2Q12 at 5:45 pm at Fire Station #1. The next City Council meeting will be held on April 17, 2012 at 6:30 pm. A Bassett Creek Water Management Commission will be held on April 19, 2012 at 11:3Q am. Mayor and Council Communications Thamas Burt updated the Council on the status of the reopening of the Motor Vehicls Licensing Department, stating the City has the ability to be open by June 1 and reviewed the process for reopening the department. Set Date for Board/Commission Dinner Thomas Burt introduced the agenda item. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to set the Board/Commission Recognition dinner for May 30, 2012. Adiournment MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 8:53 pm. r Shepar M. Harris, Mayor ATTEST: � Ju Nally, ministrative sistant