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03-05-13 CC Minutes Regular Meeting of the City Council March 5, 2013 Regular Meeting of the City Council 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 5, 2013 at 6:30 pm. The following members were present: Cfausen, Harris, Pentel, Scanlon and Schmidgall; Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alle, ig ance The Pledge of Allegiance was recited. Recoqnition of David Spraqq - Eaqle Scout Mayor Harris introduced David Spragg, who recently earned the rank of Eagle Scout. David Spragg and Bill Anderl, former Scoutmaster spoke about the experience of becoming an Eagle Scout. Mayor Harris presented David Spragg with a city mug and pin. The Council congratulated him on his achievement. Certificate of Recoqnition: Robbinsdale School District Debate Students -Andrew Ureviq and Olivia Heusinkveld Mayor Harris introduced Andrew Urevig and Olivia Heusinkveld and presented them with a Certificate of Recognition for their accamptishments during the Minnesota State Debate Tournament. Richard Brynteson, Debate Coach, Mr. Urevig and Ms. Heusinkveld spoke about the Debate Tournament. Mayor Harris presented them with a Certificate of Recognition. The Council congratulated them on their achievement. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of March 5, 2013 as amended: addition of Notification to Council Regarding Exception to Noise Ordinance for the Breck School Project. Regular Meeting of the City Council March 5, 2013 Page 2 Approval of Consent Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of March 5, 2013 as amended: removal of Authorization to Sign Agreement with Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for Main Stem Restoration - Golden Valley Road to Irving Avenue North, Approval of Human Rights Commission By-Laws, and Authorization to Sign Canstruction and Special Assessment Agreement with A.K.A.R.E. Companies, LLC; addition of Notification to Council Regarding Exception to Noise Ordinance for the Breck School Project and Agreement with SEH, Inc. for Eldridge Development - PUD #109. Approval of Minutes - Ciiv Council Meetinq - Januarv 15, 2013 MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the City Council Meeting minutes for January 15, 2013 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. '�General Business Licenses MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of the license as recommended by staff. *Therapeutic Massaqe Certificate - Matthew John Bloedel MQVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Matthew John Bloedel at Massage Envy, 7704 Olson Memorial Highway. *Therapeutic Massaqe Certificate - Bruce Alan Stillman MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Bruce Alan Stillman at Massage Envy, 7704 Olson Memorial Highway. *Therapeutic Massaqe Certificate - Lvnsev Elaine Werdel MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Lynsey Elaine Werdel at Massage Envy, 7704 Olson Memorial Highway. Regular Meeting of the City Council March 5, 2013 Page 3 *Gamblinq License Exemption and Waiver of Notice Requirement - School of Enqineerinq and Arts - Parent Teacher Association MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the School of Engineering and Arts - Parent Teacher Association. *Solicitor's License - Clean Water Action MOVED by Scanlon, seconded by Clausen and motion carried unanimously ta approve the solicitor's license for Clean Water Action. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Open Space and Recreation Commission - October 22, 2�12 Minneapolis Drinking Water Advisory Board - December 6, 2012 *Pickup Trucks and Equipment - Quotes MOVED by Scanlon, secanded by Clausen and motion carried unanimously to purchase the following trucks through the State of Minnesota truck contracts 54363 and 55058 from Midway Ford Commercial Fleet and Government Sales for a total of $92,819.14: 2013 Ford F150 Super Cab Pickup Truck, 6.5' Box 2013 Ford F350 Regular Cab Pickup Truck, 8' Box 2013 Ford F550 Regular Cab and Chassis 60" Cab to Axle MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase aluminum utility truck bodies and accessories for the Park and Utility Deparkment through the State of Minnesota truck equipment contract 48605 from Aspen Equipment far a total of $75,497.57. *Skid Loader - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase a Bobcat T650 compact track loader through the Minnesota Materials Management division from Tri-State Bobcat, Inc. for $42,062.45. Regular Meeting of the City Council March 5, 2013 Page 4 *Letter to Susan Haiqh, Metropolitan Council Chair, and Mike Opat, Hennepin Council Board Chair, Reqardinq the Bottineau Transitwav Minneapolis Park and Recreation Board's Wirth Park Desipn Team Communitv Meetinq, Open House and Exercise and Response from Susan Haiqh and Mike Opat MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the letter sent to Susan Haigh, Metropolitan Council Chair, and Mike Opat, Hennepin Council Board Chair, regarding the Bottineau Transitway Minneapolis Park and Recreation Board's Wirth Park Design Team Gommunity Meeting, Open House and Exercise dated February 14, 2013 and the response from Susan Haigh, dated February 26, 2013 and Mike Opat dated February 25, 2013. Authorization to Siqn Aqreement with Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for Main Stem Restoration - Golden Valley Road to Irvinq Avenue North Mayor Harris requested staff provide an overview of the project. Jeannine Clancy answered questions from the CounciL MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the agreement with the Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for main ten restoration from Golden Valley Road to Irving Avenue North. *Authorization to Temporarilv Restrict Vehicle Parkinq for Run the Valley Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-13 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR RUN THE VALLEY 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, Harris, Pentel, Scanlon and Schmidgall; 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. *Second Consideration - Ordinance #494 - Human Riqhts Commission The following ordinance was MOVED by Scanlon, seconded by Clausen: ORDINANCE NO. 494, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Deleting and Replacing in its Entirety Section 2:53: Human Rights Commission Regular Meeting of the City Council March 5, 2013 Page 5 Second Consideration - Ordinance #494 - Human Riqhts Commission - Continued MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adopt on Second Consideration, Ordinance #494, 2nd Series. The vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Approval of Human Riqhts Commission 6 -v Laws Mayor Harris thanked Council Members Pentel and Scanlon for reviewing the by-laws and asked questions about agenda preparation. Council Member Pentel and Scanlon answered questions. Thomas Burt answered questions from the Council. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the Human Rights Commission By-laws. Staff stated that applications are available on the web site for anyone wishing to apply for the Human Rights Commission. *Approval of Full 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 Realty, Applicant MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve full extension for filing of final plat and submitting Final PUD Plan Application for The Towers at West End PUD No. 107 to July 14, 2013 because City staff has determined that Duke has demonstrated it is making good faith efforts to work with MCES to locate a lift station for I-GV-461 on The Towers at West End property, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with 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 of 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 extensions to the Preliminary PUD Plan or the Final PUD Plan. Regular Meeting of the City Council March 5, 2013 Page 6 *Call for Public Hearinq - Special Assessments - 2013 Pavement Manaqement Proqram - 4/3/13 MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call a public hearing for certification of special assessments for Wednesday, April 3, 2013 at 7 pm. Authorization to Siqn Construction and Special Assessment Aqreement with A.K.A.R.E. Companies, LLC and Aareement with SEH, Inc. for Eldridqe Development - PUD #109 Council Member Clausen had questions regarding the agreement. Jeannine Clancy and Thomas Burt answered questions from the Council MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the Construction and Special Assessment Agreement with A.K.A.R.E. Companies, LLC for the Eldridge Development, PUD #109. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the Gity Manager to sign the Supplemental Letter Agreement with SEH to provide engineering services for the Eldridge Development, PUD #109 for $39,500. *Notification to Council ReQardinq Waivinq Exception to Noise Ordinance - Breck School Proiect � MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file Breck's notification and authorize the waiver of the noise ordinance on Sunday, March 10, 2013 from 7 am to 5 pm. Public Hearinq - Ordinanee #495 - Final Desiqn Plan Approval - PUD #53 - The Arcata - Amendment#4 - Trammell Crow Companv, Applicant The following ordinance was MOVED by Pentel, seconded by Schmidgall: ORDINANCE NO. 495, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development The Arcata, P.U.D. No. 53, Amendment 4 Trammell Crow Company, Applicant Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions fram the Council. Jeannine Clancy, Thomas Burt and Allen Barnard answered questions from the CounciL Grady Hamilton, Trammell Crow Company, Aaron Roseth and Trace Jacques, ESG Architects reviewed the plan and answered questions from the Council. Regular Meeting of the City Council March 5, 2013 Page 7 Public Hearinq - Ordinance #495 - Final Desiqn Plan Approval - PUD #53 - The Arcata - Amendment#4 - Trammell Crow Company, Applicant- Continued 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. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to adopt Ordinance #495, 2nd Series as amended: Addition of Condition #9. Authorization of the City Manager or his or her designee to review parking conditions on the site one year after occupancy begins. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Announcements of Meetinqs The next Council/Manager meeting will be held on March 12, 2013 at 6:30 pm. The next City Council meeting will be held on March 19, 2013 at 6:30 pm. A Bassett Creek Watershed Management Commission meeting will be held on March 21, 2013 at 11:30 am. The State of the City will be held on March 22, 2013 at 7:30 am at City Hall. The Beyond the Ribbon Campaign Kick-off Meeting will be held on March 6, 2013 at the Golden Valley VFW. The Caring Youth Awards will be held on March 21, 2013 at 7 pm at the Minnetonka Community Center. Empty Bowls will be held at the Sandburg Learning Center on March 21, 2013 at 4 pm. Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 13, 2013 beginning at 8 am at the Brookview Community Center. Same Council Members may attend the Golden Valley Federated Women's Club Spring Fling on April 27, 2013 at the Sheraton Ridgedale Mavor and Council Communication Mayor Harris stated he sent a condolence card to the Minneapolis Park and Recreation Board on loss of the Park Police Chief. Mayor Harris updated the Council on the legislation for street improvement districts. Mayor Harris updated the Council on the meeting held with communities along a portion of Highway 169 corridor. Regular Meeting of the City Council March 5, 2013 Page 8 Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:36 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant