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10-16-12 CC Minutes Reguiar Meeting of the City Council October 16, 2012 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 October 16, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Alsa present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of Qctober 16, 2012 as amended: addition of Email from Kelly Lowrie regarding Bottineau Transitway. Approval af Consent Aqenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of October 16, 2012 as amended: addition of Email from Kelly Lowrie regarding Bottineau Transitway; and removal of Approval of Plat and Authorization to Sign Subdivision Development Agreement - Savanah Estates; and Authorization to Submit Applications for Hennepin County Bikeway Development and Sidewalk Participation Programs. *Approval of Minutes - Citv Council Meetinq - September 19 and Special Cit,�Council Meetinq - October 9, 2012 MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of September 19, 2012, and Special City Council Meeting minutes of October 9, 2012 as submitted. *Approval of Check Reqister MOVED by Scanlon, s�conded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follaws: Planning Commissian - September 10, 2012 Human Services Fund - September 10, 2012 Regular Meeting of the City Council October 16, 2012 Page 2 *Minneapolis/Joint Water Commission Water Meterinq Improvements - Bids MOVED by Scanlon, seconded by Freiberg and motion carried unanimausly to award the bid for construction of inetering improvements at the Minneapolis/JWC metering vault near the Golden Valley reservoir located at 1500 Skyline Drive from the lowest responsible bidder, Magney Construction for $759,257. The bids are as follows: Magney Construction $75�,257 Rice Lake Contracting $882,100 *Letter from Couraqe Center Supportinq B-C-D1 Aliqnment of Bottineau Transitwav as Locallv Preferred Alternative MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and file the letter from Jan Malcolm, CEO, Courage Center, dated October 10, 2012, regarding support for the B-C-D1 alignment of the Bottineau Transitway. *Email from Kelly Lowrie Reqardinq Bottineau Transitway MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and file the email from Kelly Lowrie, dated October 12, 2012, regarding the Bottineau Transitway. *Authorization to Participate in Metropolitan Council Inflow/Infiltration Grant Proqram Member Scanlon introduced the following resolution and moved its adoption: RESOLUTlON 12-75 RESOLUTION AUTHORIZING PARTICIPATION IN THE METROPOLITAN COUNCIL MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH INFLOW/INFILTRATION 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. Regular Meeting of the City Council October 16, 2012 Page 3 *Authorization to Siqn Aqreement with Pro-Tec Desiqns for Citv Hall Security Improvements MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the contract with Pro-Tec Design for installation of security improvements in City Hall for $55,303.78. *Receipt of September 2012 General Fund Budqet Reports MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and file the September 2012 Financial Reports. *Waiver of Public Hearinq and Certification of Special Assessments: 2012 Pavement Manaqement Proqram Drivewavs and 2012 Pavement Manaqement Program Sanitary Sewer Repairs Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-76 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2012 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. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTtON 12-77 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2012 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. Regular Meeting of the City Council October 16, 2012 Page 4 Approval of Plat and Authorization to Siqn Subdivision Development Aqreement - Savanah Estates Council Member Pentel asked what the park dedication fees are for a subdivision+. Thomas Burt answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-78 RESOLUTION FOR APPROVAL OF PLAT - SAVANAH ESTATES 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, 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. MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the Mayar and City Manager to sign the Subdivision Development Agreement with RJT Investments, LLC. *Rescind No Parkinq Restrictions on East Side of Rhode Island Avenue North Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-79 RESOLUTION RESCINDING RESTRICTION OF VEHICLE PARKING ON RHODE ISLAND AVENUE NORTH BETWEEN GOLDEN VALLEY ROAD AND 10TH AVENUE NORTH AND ESTABLISHING A NO PARKING ZONE ON THE WEST SIDE OF RHODE ISLAND AVENUE NORTH BETWEEN GOLDEN VALLEY ROAD AND 10TH AVENUE NORTH AND ON THE EAST SIDE OF RHODE ISLAND AVENUE NORTH FROM GOLDEN VALLEY ROAD NORTH 485 FEET The motion for the adoption of the foregoing resolution was seconded by Membsr Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentef and Scanlan; 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. Authorization to Submit Applications for Henne�in Countv Bikewav Development and Sidewalk Participation Proqrams Council Member Scanlon wanted to know if the development of these trails will be affected by any future decisions made regarding the Bottineau Transitway alignment. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council October 16, 2012 Page 5 Authorization to Submit Applications for Hennepin County Bikewav Development and Sidewalk Participation Proqrams - Continued Member Freiberg introduced the fallowing resolution and moved its adoption: RESOLUTION 12-80 RESOLUTION AUTHORIZING SUBMITTAL FOR THE HENNEPIN COUNTY BIKEWAY DEVELOPMENT PARTICIPATION PROGRAM 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. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-81 RESOLUTION AUTHORIZING SUBMITTAL FOR THE HENNEPIN COUNTY SIDEWALK PARTICIPATION PROGRAM 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, 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 - Preliminarv Desiqn Plan Approval - PUD #111 - The Tiburon Apartments - 9130 and 9220 Olson Memorial Hiqhwav - Tiburon 55, LLC, Applicant Steve Dunbar, Tiburon 55 LLC and Noah Bly, Architect, reviewed the plan and answered questions from the Council. Mike Kisch, Planning Commission, presented the Commission report. Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. 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 October 16, 2012 Page 6 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #111 - The Tiburon Apartments - 9130 and 9220 Olson Memorial Hiqhwav - Tiburon 55, LLC, Applicant MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the Preliminary Plan for The Tiburon Apartments, PUD No. 111, based on the following findings of fact: 1. The City Engineer has studied the proposed development and the public infrastructure needed to support the proposed development, and the current public infrastructure is insufficient for the use described in the projeet plans submitted for the planned unit development. 2. The Planning Department has reviewed the project plans and indicated that the proposed development including the necessary public infrastructure improvements is not reasonably expected to occur solely through private investment within the reasonable foreseeable future. 3. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality af site planning and design than generally expected under conventional provisians of the ordinance. 4. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features. 5. The PUD plan includes efficient and effective use of the land for multi-family residential. 6. The PUD plan results in development compatible with adjacent commercial uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 7. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 8. The PUD plan meets the PUD Intent and Purpose provisions. And subject to the following conditians: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 5, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated September 6, 2012, shall become a part of this approvaL 4. A Park Dedication Fee of $16,300 shall be paid by the developer prior to approval of the Final PUD Plan. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. The Developer shall work to enhance the Landscaping Plan to include more landscaped areas and, if possible, less impervious surfaces. The Developer shall coordinate landscaping efforts with the City's Highway 55 Lilac Planting initiative. Regular Meeting of the City Council October 16, 2012 Page 7 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #111 - The Tiburon Apartments - 9130 and 9220 Olson Memorial Hiqhwav - Tiburon 55, LLC, Applicant 8. To the extent possible, the Developer shall improve the pedestrian connection from Golden Valley Road to the front door of the building. 9. Final PUD approval will be dependent upon the City's approval and effectuation of a tax increment financing district within the project area to fund the necessary public infrastructure requirements, to be determined and installed by the City, possibly including among other items, street realignment, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. Public Hearinq - Existinq Platted, Drainaqe and Utilitv Easement Vacations - 1540 and 1550 St. Croix Circle Jeannine Clancy introduced the agenda item and answered questians 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. Christopher Giese, 1485 Island Drive, stated he submitted a letter with questions about shoreline easements, buffers and received a letter back answering his questions and wanted to thank the staff and Council for the response. The Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-82 RESOLUTION VACATING ALL EXISTING PLATTED EASEMENTS IN LOT 7 AND LOT 8, OF BLOCK 1, OF THE SAMUELSON'S LAKEVIEW ADDITION PLAT (1540 AND 1550 ST. CROIX CIRCLE) AND A DRAINAGE AND UTILITY EASEMENT IN LOT 4, AUDITOR'S SUBDIVISION NUMBER 330 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 Scanlon; and the following voted against the same: Pentel, whereupon said resalution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council October 16, 2012 Page 8 Approval of Plat and Authorization to Siqn Subdivision Development Agreement - Golden View Mark Grimes, Directar of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-83 RESOLUTION FOR APPROVAL OF PLAT - GC�LDEN VIEW 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 Scanlon; and the following voted against the same: Pentel, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. MOVED by Freiberg, seconded by Glausen and motion carried to authorize the Mayor and City Manager to sign the Subdivision Development Agreement with Jeffrey and Heidi Haines, and David and Cynthia Fellman. Council Member Pentel voted no. Announcements of Meetinqs Some Gouncil Members may attend the Medley Hills Neighborhood Meeting on Octaber 17, 2012 at 7 pm in the Medley Hills Community Room. A Bassett Creek Watershed Management Commission meeting will be held on October 18, 2012 at 11:30 am. The Circle Down Neighborhood Meeting scheduled for October 23, 2012 has been postponed. Some Council Members may attend the Autumn Sky Presentation on October 23, 2012 at the Golden Valley Library at 6:30 pm. Some Council Members may attend the New Hope Prayer Breakfast on October 26, 2012 at the Cooper High School Gym at 7 am. A Fall Leaf Drop-off will be held on Octaber 27, 2012 at Brookview Park from 8 am to 1 pm. Some Cauncil Members may attend the Lilac Planting on October 27, 2012 with registration being held at 9010 Olson Memorial Highway at 9 am. Some Council Members may attend the Meadowbrook Fall Festival on October 27, 2Q12 at Meadowbrook Elementary School at 9 am. Regular Meeting of the City Council October 16, 2012 Page 9 Announcements of Meetinqs - Continued A Special HRA/Planning Commission Workshop will be held on October 29, 2012 at 6:30 pm. Some Council Members may attend SEWERfest on October 30, 2012 from 4:30 to 7 pm. A Fall Leaf Drop-off will be held on November 2, 2012 at Brookview Park from 8 am to 4 pm. A Fall Leaf Drop-off will be held on November 3, 2012 at Brookview Park from 8 am to 1 pm. Some Council Members may attend the Neighbors Helping Neighbors Fall Raking Blitz on November 3, 2012 convening at Calvary Lutheran Church at 8 am. The General Election will be held on November 6, 2012. The next City Council meeting is Wednesday, November 7, 2012 at 6:30 pm. A Fall Leaf Drop-off will be held on November 10, 2012 at Brookview Park from 7 am to 1 pm. Mayor and Council Communications Mayor Harris stated the Council has been invited to the Valle D'Or Neighborhoad Meeting will be held on November 29, 2012 at 7 pm in their Community Room. Mayor Harris stated the Council has been invited to the Sweeney Lake Association Annual meeting on November 12 at 7 pm at the Regency Hospital. Mayor Harris updated the Council on a meeting he attended with the Canadian Pacific Railroad and some of the items discussed were railroad noise issues, types of cargo being transparted and the proposed updates to Douglas Drive in 2016. Adiournment MOVED by Freiberg, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:42 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant