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11-06-13 CC Minutes Regular Meeting of the City Council November 6, 2013 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 November 6, 2013 at 6:30 pm. The following members were present: Clausen, 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 Alleqiance Representatives from the Chester Bird American Legions Post#523 and Veterans of Foreign Wars Post #7051 led the Council in the Pledge of Allegiance. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of November 6, 2013 as amended: Addition of Bottineau Transitway Update. Approval of Consent Aqenda MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the agenda of November 6, 2013 as amended: Removal of Quotes - Brookview Park Playground Equipment. *Approval of Minutes - City Council Meetinq -Auqust 20, 2013 MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of August 20, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority as submitted. *Solicitor's License - Hopkins Ultimate Frisbee Team MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for the Hopkins Ultimate Frisbee Team. *Gamblinq License Exemption and Waiver of Notice Requirement - VocalEssence MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for VocalEssence. Regular Meeting of the City Council November 6, 2013 Page 2 *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - September 9, 2013 Board of Zoning Appeals - August 27, 2013 Open Space and Recreation Commission - July 22, 2013 Bassett Creek Watershed Management Commission - August 22, 2013 Brookview Park Plavqround Equipment Council Member Pentel requested staff to provide an overview of the proposed playground equipment upgrades. Rick Birno, Director or Parks and Recreation reviewed the plans and answered questions from the Council. MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the purchase and installation of playground equipment at Brookview Park, through U.S. Communities Contract #416005190 from Minnesota/Wisconsin Playground, Inc. for $275,000. *Call for Public Hearina - Drainaqe Easement Vacations - Reqistered Land Survev No. 661 - 700 and 800 Xenia Avenue South - The Xenia Apartments - 12/17/13 Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-97 RESOLUTION ESTABLISHING A PUBLIC HEARING ON DECEMBER 17, 2013 TO CONSIDER VACATION OF DRAINAGE EASEMENTS IN REGISTERED LAND SURVEY NO. 661 (700 AND 800 XENIA AVENUE SOUTH) 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, 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. *Receipt of September 2013 Financial Reports MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the September 2013 Financial Reports. Regular Meeting of the City Council November 6, 2013 Page 3 *Authorization to Purchase 2417 Douqlas Drive for pouqlas Drive Reconstruction Proiect Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-98 RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY FOR THE DOUGLAS DRIVE RECONSTRUCTION PROJECT 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, 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 Gity Clerk. *Appointment to Northwest Hennepin Human Services Council Executive Board MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to appoint Chantell Knauss, Assistant City Manager, to serve as the City representative on the Northwest Hennepin Human Services Council Executive Board. Public Hearinq - Ordinance #507 - Approval of Amended Conditional Use Permit 121 - Amendment#2 - 9400 Golden Vallev Road - Orion Associates,Applicant The following ordinance was MOVED by Schmidgall, seconded by Clausen: ORDINANCE NO. 507, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 121, Amendment 2 9400 Golden Valley Road Orion Associates, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Steven Haig and Angela Cavalier, Applicants, reviewed the request and 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. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to adopt Ordinance #507, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN -YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL -YES Regular Meeting of the City Council November 6, 2013 Page 4 Public Hearinq - Ordinance #508 -Approval of Conditional Use Permit 135 - 1400 Sprinct Vallev Road - Scott Eastman, Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 508, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 135 1400 Spring Valley Road Scott Eastman, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Scott Eastman, Applicant, 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. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL -YES Public Hearinq - Ordinance #509 -Approval of Amendment to Final Plan of Development - Meadowbrook School 3rd Addition - PUD #90 -Amendment#3 - Hopkins Public Schools, ISD #270, Applicant The following ordinance was MOVED by Pentel, seconded by Clausen: ORDINANCE NO. 509, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development Meadowbrook School 3rd Addition, P.U.D. No. 90, Amendment 3 Hopkins Public Schools, ISD #270, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Jeannine Clancy and Mike Kotila, SEH Traffic Engineer, 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 November 6, 2013 Page 5 Public Hearinq - Ordinance #509 -Approval of Amendment to Final Plan of Development - Meadowbrook School 3rd Addition - PUD #90 -Amendment#3 - Hopkins Public Schools, ISD #270, Applicant MOVED by Pentel, seconded by Clausen and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL -YES Public Hearinq - Ordinance #510 - Rezoninq from Institutional Zoninq District (1-3) to Institutional Zoninq District (I-1) - 5400 Glenwood Avenue North - Hopkins Public Schools ISD #270, Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 510, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Institutional Zoning District (I-3) to Institutional Zoning District (I-1) 5400 Glenwood Avenue North Hopkins Public Schools, ISD #270, Applicant Mark Grimes, Community Development Director, presented the staff report and 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. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Ordinance #511 - Approval of Amendment to Final Plan of Development - Room and Board - PUD #79 - Amendment#4 - Room & Board, Inc., Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 511, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval Amendment to Final Plan of Development Room & Board P.U.D. No. 79, Amendment 4 Room & Board, Inc., Applicant Regular Meeting of the City Council November 6, 2013 Page 6 Public Hearinq - Ordinance #511 -Approval of Amendment to Final Plan of Development - Room and Board - PUD #79 -Amendment#4 - Room & Board, Inc., Applicant - Continued Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Eric Eckman, Public Works Specialist and Thomas Burt 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. Daryl Fortier, Architect, representing the Applicant, stated they have reviewed the staff report and have nothing to object to; stated they thought the parking approved under PUD #2 would be constructed at this time so they could have room for construction workers to park but they cannot get it completed in time so it will not be constructed; they will make alternate parking arrangements for the workers and staff and it will be deferred to sometime in the future when they complete the expansion on the second flood; because of the delay it will impact the impervious surface outlined in the report and tree preservation will also be effected; stated they do plan on adding additional trees; stated in the past there has been a problem with water but the current plan does not add or take away any water to the site; and stated that the applicant is addressing the past water issues. The Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #511, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #114 -Amendment#4 - Tennant Companv Mark Grimes, Community Development Director, stated Tennant Company has requested the item be continued to the November 19, 2013 City Council Meeting. 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 Schmidgall, seconded by Scanlon and motion carried unanimously to continue the public hearing for consideration of the preliminary design plan approval for Tennant Company PUD #114, Amendment #4 to the November 19, 2013 City Council Meeting. Regular Meeting of the City Council November 6, 2013 Page 7 Continued Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of Sprinq Green South and Reqistered Land Survev No. 106 Jeannine Clancy introduced the agenda item. 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 Scanlon, seconded by Clausen and motion carried unanimously to continue the public hearing for consideration of the easement vacations for the plats of Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the November 19, 2013 City Council Meeting. Bottineau Transitway Update Thamas Burt and Jeannine Clancy updated the Council on upcoming meetings and events regarding the Bottineau Transitway and answered questions from the Council. Announcements of Meetinqs The Fall Leaf Drop-off will be held on November 9, 2013 from 7 am to 1 pm at Brookview Park. The City Offices will be closed on November 11, 2013 in observance of Veterans Day. A Special City Council Meeting, Canvassing Board/Oath of Office will be held on November 12, 2013 at 6:30 pm. The next Council/Manager meeting will be held on November 12, 2013 after the Special City Council meeting. Some Council Members may attend the Golden Valley Historical Society Meeting on November 14, 2013 at 7 pm at the Golden Valley Historical Society. The next City Council meeting will be held on November 19, 2013 at 6:30 pm. The Human Rights Commission will hold a Movie Night on November 21, 2013 at 6:30 pm. Mavor and Counci! Communications There will be openings on the Human Rights Commission, Board of Zoning Appeals and Bassett Creek Watershed Management Commission Alternate. Regular Meeting of the City Council November 6, 2013 Page 8 Mayor and Council Communications - Continued The Triton Drive Neighborhood meeting has been cancelled as the applicant has submitted a subdivision application. The Northwest Cable TV 30th Anniversary is November 11, 2013. PRISM food drive drop off location is city hall, police department and Bassett Creek Dental. Mayor Harris updated the Council on the New Hope Prayer Breakfast he attended. Mayor Harris stated that Dan Freeman, Three Rivers Park District Representative informed him that the Three Rivers Park District has given authorization for their staff to meet with Golden Valley staff to discuss plowing the Luce Line Trail. Adjournment MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 8:23 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant