Loading...
05-01-12 CC minutes Regular Meeting of the City Council May 1, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City af Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 1, 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 of Allegiance was recited. Presentation of Life Savinq Awards - Serqeant Jim Roberts, Officers David Staaf and Kristin Hoeflinq Police Chief Stacy Carlson introduced the agenda item and presenfied Life Saving Awards to Sergeant Jim Roberts, Officer David Staaf and Officer Kristin Hoefling. The Council thanked the staff for their life saving efforts. Approval of Aqenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda af May 1, 2012 as submitted. Approval of Consent Apenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 1, 2012 as submitted. *Approval of Minutes - City Councii Meetinq - March 20, 2012 � � MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of March 20, 2012 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council May 1, 2012 Page 2 *Fireworks Permit - Americana Fireworks Displav Companv for Golden Valley Days Art & Music Festival MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at the Golden Valley Days Art & Music Festival an Saturday, May 19, 2Q12 or on the rain date of Sunday, May 20, 2012. *Gamblinq License Exemption and Waiver of Notice Requirement - Sons of the American Leqion Post 523 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Sons of the American Legion Post 523. *Gamblinq License Application to Conduct Excluded Binqo - Sons of the American Leqion Post 523 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post #523. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and mo#ion carried unanimously to receive and file the minutes as follows: Planning Commission - March 26, 2012 Human Services Fund - March 12, 2012 Environmental Commission - March 26, 2012 Open Space and Recreation Commission - February 27, 2012 Board of Zoning Appeals - March 27, 2012 Joint Water Commission - March 1, 2012 *Street Construction and Maintenance Material - Quotes MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders. The bids are as follows: Regular Meeting of the City Council May 1, 2012 Page 3 *Street Construction and Maintenance Material -- Quotes - Continued Type LV4 Wearing Course Mixture C.S. McCrossan Construction, Inc. $50.00/Ton Type LV3 Non-Wearing Course Mixture C.S. McCrossan Construction, Inc. $46.50/Ton Type SP 9.5 Wearing Course Mixture G.S. McCrossan Construction, Inc. $51.50/Ton Type SP 12.5 Non-Wearing Course Mixture C.S. McCrossan Construction, Inc. $52.50/Ton Type 3A32 Concrete Mixture Knife River $102.98/CY Type 4000# Cancrete Mixture Knife River $102.98/CY Extra Delivery Cast - under 5 Cubic Yards Knife River $28.96/CY The bid tabulation is attached to fhe minutes as Exhibit A. *Green/Tee Mower - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one new green/tee mower from MTI Distributing, through the State Material Management Division Contract for $29,048.14, including sales tax. *Proclamation for Arbor Dav and Arbor Month MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt a Proclamation for May 10, 2012 as Arbor Day and May 2012 as Arbor Month in the City of Golden Valley. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Second Consideration - Ordinance #483 -Amendment to the Master Fee Schedule - Vehicle Forfeiture The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 483, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Vehicle Forfeiture Regular Meeting of the City Council May 1, 2012 Page 4 *Second Consideration - Ordinance #483 - Amendment to the Master Fee Schedule - Vehicle Forfeiture - Continued MOVED by Pentel, seconded by Freiberg and motion carried to approve an Second Consideration, Ordinance #483, 2nd Series. The vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES *Waiver of Public Hearinq and Certification of Special Assessments - 2010(B) Sani#arv Sewer Re�airs Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-34 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2010(B) CITY STREET IMPROVEMENTS 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 adopted, signed by the Mayor and his signature attested by the City Clerk. *Establishinq Compliance with Reimbursement Bond Requlations under Internal Revenue Code: Financinq of the Citv's 2013 Pavement Management Proqram And Financinq of the Citv's 2014 Pavement Manaqement Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-35 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2013 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE 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 adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Gouncil May 1, 2012 Page 5 *Establishinq Compliance with Reimbursement Bond Repulations under Internal Revenue Code: Financinq of the Citv's 2013 Pavement Manaqement Proqram And Financinq of the City's 2014 Pavement Manaqement Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-36 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2014 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE 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 adopted, signed by the Mayor and his signature attested by the City Clerk. *Call for Administrative HearincL Appeal of Administrative Citation - 1816 York Avenue North - 5/15112 MOVED by Pentel, secanded by Freiberg and motion carried unanimously to call for an administrative hearing on an appeal of an administrative citation for 1816 York Avenue North for May 15, 2012 at 6 pm Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition -Amendment#9 - 123 Ottawa Avenue North - Breck School, Applicant The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 4$4, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment ta Final Plan of Development Breck Addition, P.U.D. No. 8$, Amendment No. 1 123 Ottawa Avenue North Breck School, Applicant Mayor Harris stated that due to a potential perceived conflict 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 final plan and answered questions to the Council. Bake Baker, McGauch Construction and James Barrett, Architect answered questions from the Council. Regular Meeting of the City Council May 1, 2012 Page 6 Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued John Kluchka, Planning Commission, presented the Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Joe Hogeboom, Planner; Jeannine Clancy, Stacy Carlson, Palice Chief; Thomas Burt, and Allen Barnard answered questions from the Council. The Mayor Pro Tem opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Paul Schneck,122 Burntside Drive, stated he enjoys Breck as a neighbor, expressed concern for the design of the building at 70 feet high, which is 3/ up the church steeple; stated from his property you will only see a building that is five stories high; requested that Breck outline all the phases or school plans; wanted to know if they are going to build another building on the other side of the steeple in the future; expressed concern about traffic issues; feels the neighborhood should have been informed of the plans earlier than they did; feels there was not much effort to notify people and they heard about it late in the process; feels the Planning Commission and staff should watch out for the residents; feels Breck should let the residents know all the plans for their site; expressed concern about traffic, stated there have been several accidents, parents and students go fast through the neighborhoods, suggested having Breck staff out observing during high traffic times and have Breck notify parents how fast students are going and if not obeying rules Breck can remove driving privileges; wants construction plans to be done in a way that wifl help Breck but respect the neighborhood; and suggested the Council request Breck to provide the City will all future plans for the site. Brad Koene, 5 Natchez Avenue North, feels traffic is bad, stated that the police department has parked in his yard with the radar and has caught people driving 52 miles per hour; feels someone is going to get killed because of the speeding; stated a car drove in the front yard and exited out his driveway; thanked Breck for keeping the buses off Natchez, except Schmitty's who keep driving on Natchez; concerned about the attitude of the Breck drivers and has gotten obscene gestures directed at him just because he wants to keep his street safe; expressed concern about increased traffic, cars blocking the intersection; and suggested installation of speed bumps. Regular Meeting of the City Council May 1, 2012 Page 7 Public Hearinq - Ordinance #484 - Final Desipn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued - Continued Randy Rolland, 15 Westwood Drive North, stated he is a current Breck parent and supports the development; stated he has lived in the area for a long period of time and thinks that Breck is a good neighbor; stated he hears the concerns about the traffic and he drives the roads also; feels is it is not perfect but does not feel it is significantly any different than other issues in an inner ring suburb; compared his neighborhood to when Honeywell, Calvary Church and Lions Park after a ball game lets out; stated there are a number of Breck parents who live in the neighborhood; stated his children walk to school and he shares the same concerns about their safety; stated there is room for improvement; stated Breck is like any property owner making improvements to their property; stated that Breck is a natianal and international institution and a stellar educational facility and attracts people to the City, helps support his property values and hopes the Council approves the plan. Debra Serafini, 119 Burntside Drive, stated she is disappointed with the process; feels if the neighborhood had been involved soon enough they may have had an impact on Breck's plan and they would not have been allowed a fifth story; has no prablem with Breck as an institution; feels the plan is a complete disregard for the neighborhood; stated she is disappointed in the observations of#he people who are supposed to serve the residents; does not feel the height of the building should be allowed in a residential area; stated she would of complained about the traffic but didn't know where to call; stated she could count 10-12 cars a minute speeding down Natchez; there is no posfed speed limit signs on Natchez; there are no sidewalks or stop signs; stated parents and students speed on Natchez when they are late for school; feels there is a problem with the behavior of the students and the perceived response from the school; stated they take over Natchez Park for their practice and the loudspeaker system is so load she can't have a conversation on her deck. Jack Perechman, 224 Natchez Avenue North, stated he lives on the corner of Loring and Natchez and put up a video camera for 8 hours and stated that many people go through the stop sign, volunteered his driveway if the police department want to use if to watch the traffic; had question about the demolition, if there would be piling; hours of construction; expressed concern abaut the noise and hours Twanya Hood Hill, 1710 Bridgewater Road, stated that she is a Breck parent and her family and her neighbors are involved in the community; stated her family moved to the Gity because of Breck; stated she empathizes and understands the traffic, speed, and volume of cars in the neighborhood and knows what rush hour looks like; stated that there two issues involved one is the traffic and one is the building project; stated whether the project is voted up or down does not address the issue of traffic; the traffic exists today and will continue to exist; feels that Breck adds to the community and requested the Council approve the proposal. Regular Meeting of the City Council May 1, 2012 Page 8 Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued - Gontinued Lois Fruen, 4510 Westwood Lane, stated she is a teacher at Breck and moved into the City because of her job; stated she teaches and has taught a number of children who live in the City; stated that her students are problem salvers and offered her services and would like to involve the students to do research projects that would help with traffic issues. Gene Epstein, 30 Ottawa Avenue North, suggest the Council come to his house and spend a half hour at Ottawa and Glenwood at 8 am, 3 pm and 5 pm and they will then see the issues the neighborhood is talking about. Curt Olson, 800 Tyrol Trail, stated his children go to Breck and he lives in the neighborhood; suggested that no left turns be allowed in the neighborhood; stated that then parents and students would only use the Breck entrance and that would help with traffic into the area; and expressed concern over the speeding through the area. Patrick Duffy, 4717 Glenwood Avenue, stated enjoys Breck as a neighbor, but is concerned for the safety of the children in the area; stated a car went through his yard and hit a tree a few minutes before his children came home from school; stated he moved into the area because of the Hopkins School District and is hearing from his neighbors that they are considering moving because of the traffic issues; had questions about increase in students, and traffic; size of project and environmental impact statement. Sarah Dodge, 831 Tyrol Trail, moved into the area to specifically go to Breck, stated a lot af the neighbors moved inta the area to go to Good Shepard, Meadowbrook, and all agree traffic is an issue; stated the building development is not going to change traffic, educating parents will change traffic, not everyone that is speeding down Glenwood is a Breck parent; feels that most of the people that live in the area are very cautious about driving in the neighborhood; seems like it has become a us vs. them issue; Breck parents care deeply about all the children in the neighborhood; suggested talking about the safety issues and plans that can be put in place; stated that police do a terrific job and they may have some traffic ideas, feel that Breck is a good part of the cammunity and that the students come back and serve the community. The Mayor Pro Tem closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried to adopt Ordinance #484, 2"d Series. Upon roll call vote, the vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - ABSTAIN PENTE� - YES SCANLON - YES Regular Meeting of the City Council May 1, 2012 Page 9 Opposition to Proposed "Recoqnition of Marriaqe" Constitutional Amendment Council Member Freiberg introduced the agenda item. Member Freiberg introduced the following resolution and moved its adoptian: RESO�UTION 12=37 RESOLUTION IN OPPOSITION TO PROPOSED "REGOGNITION OF MARRIAGE" CONSTITUTIONAL AMENQMENT The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris and Pentel; and the following abstained: 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. Announcements of Meetinqs Spring Brush pickup starts The Bike Rodeo will be held on May 2, 2012 at the City of New Hope from 6-8 pm The City Council will hold a Special Council Workshop on May 2, 2012 at 5:45 pm at Venture Bank, 6210 Wayzata Boulevard. Some Council Members may attend the Isaacson Park Dedication and Little League Opening on May 5, 2012 at noon at Isaacson Park. Residents in the 55422 ZIP code area will receive an empty pill bottle in their mail boxes on Sunday, May 6 as part of a public health emergency preparedness test. The Council will attend a Tri-city Joint Water Meeting on May 7, 2012 at 6:3Q pm at the Crystal Community Genter. The Housing and Redevelopment Authority will hold a Workshop on May 8, 2012 at 6 pm in the Council Chambers. The next Council/Manager meeting will be held on May 8, 2012 immediately following the Housing and Redevelopment Authority Meeting. The Bottineau Transitway PAC Public Hearing will be held on May 10, 2012 at 4:30 pm at the Crystal Community Center. Some Council Members may attend the Golden Valley Historical Society Meeting an May 10, 2012 at 7 pm at the Golden Vaffey Historical Society. Regular Meeting of the City Council May 1, 2012 Page 10 Announcements of Meetinps - Continued Some Council Members may attend the Arbor Day Celebration on May 10, 2012 at 1:30 pm at Noble School. An Introduction to Voting Workshop will be held on May 10, 2012 from 5 ta 7 pm. A Women's Fire Service Expo will be held on May 21, 2012 at 7:3Q am in Edina. A Special Gity Council meeting, Administrative hearing wilt be held on May 15, 2012 at 6 pm. The next City Council meeting will be held on May 15, 2012 at 6:30 pm. The Golden Valley Days Art & Music Festival will be held on May 19, 2Q12 at Brookview Park and other locations. Some Council Members may attend the North Tyrol Neighborhood Meeting at Anne and Fritz Cleveland's house, 1 QO Meadow Lane South, on May 16, 2012 at 7 pm. Safety Camp will be held on June 26, 2012 at Brookview Park and registrations are still available. Mayor and Council Communications No action and/or discussion took place. Adiournment MOVED by Scanlon, seconded by Pentel and motion carried unanimously to adjaurn the meeting at 8:45 pm, ��C Shepar M. Harris, May r ATTEST: � � � J y Nal , Administrati Assistant w � rn� � >_ .� cfl � a m m m m � � ^ Z Z Z Z o o N Y � � � � C �V p p � _ L Q �� z z z Z N ° � ¢ _ � � � vi � cv � � � (Q �L �' Q � � r �Q � �r/� /�/� �./� 1 � -F•+ W W7 W � V! . � � � � � � Z ` Z � �} �} �} � Q C U Z � �� � U1-W- •"_. W Q m O � � a U m Z N � � w Q o N�L J W N Q (Z, � � O O Q z � •� c oo N oo M Z Z Z (!) J W Q � � � � � � � � W � � � � � m � � a p � � � Q Z p (� X � � � � Q LL, 1- Z � W Q � Z N U z W � L U � n" oa °o �°c� ° ° z � z t� cVi � u°� � �i uNi z z z g O oo � � � e'9' � W O V � � ~, cxa Z f" V � f- OW O � .� c c c c u' � � � � � � � F�- I� FQ- � U U U V � Qo �- c°n � N a� � � � � U W � � � .� � O .� m � V � � � � � O ` � � '�+ N (C .L ! +.. N +. � � � 0 � � N � � N V Q = �" U .L � � O (�j � �Q >+ N � C v � Z � �O � U � �J Q' � °� ° � �.r> `� � U U �+ � cn c° � � �t M � � `� 5� C�'') p '� J F" � � a. (U N .�.+ J � J � (A � (n � M d' 0 � Z � � � L � A� A O a� A O A T �C O Q � � I- �C F- U h- � �- U F- i- W U �� N � � N � F- z3 � o � � � � N� � o 0 0 0 0 0 o CJ `� � �- � Z �n �n �n � � u� � •�, � � >, � � o o co o r- r- �� '> ..� ai � � � � M C'�7 M M d' � Q Q Q O � � n- `" N N N N N N (!) � (n Z