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10-15-13 CC Minutes Regular Meeting of the City Council October 15, 2013 Pursuant to due call and notice thereof, a regular meeting of the City Council of the Gity of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on October 15, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Scanlon and Schmidgall; and the following was absent: Pentel. 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. Hopkins School District Referendum John Schultz, Hopkins School District and David Coffee, parent and Hopkins Vote Yes Committee Co-Chair, presented information about the upcoming referendum and answered questions from the Council. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of October 15, 2013 as amended: addition of Waiver of Public Hearing and Certification of Special Assessments - 2012(A) Driveways. Approval of Consent Apenda MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the agenda of October 15, 2013 as amended: Vic Harvath, 5901 Laurel Avenue North, #129, requested the following items be removed from the consent agenda: Appointment to Bottineau Light Rail Transit Policy Advisory Committee, Approval of Modifying 2013 General Wages and Salary for Non-Union Personnel and Approval of Updated City Manager Employment Agreement. Paul Scofield, 327 Turners Crossroad South, requested the following items be removed from the consent agenda: Approval of Modifying 2013 General Wages and Salary for Non-Union Personnel and Approval of Updated City Manager Employment Agreement and asked why these items are being addressed outside of the usual budgeting process and being addressed earlier than is traditional or typical. Regular Meeting of the City Council October 15, 2013 Page 2 *Approval of Minutes - Council/Manaqer Meetinq - Julv 9, 2013 and Citv Council Meetinq -Auqust 7, 2013 MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of July 9, 2013 and City Council Meeting minutes of August 7, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize the payment of the City as submitted. *Solicitor's License -Window Concepts of Minnesota, Inc. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Window Concepts of Minnesota, Inc. *Solicitor's License - Republic Services MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Republic Services. *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - July 3, 2013 Human Services Fund -August 12, 2013 Human Rights Commission - July 30, 2013 Environmental Commission - July 22, 2013 Bassett Creek Watershed Management Commission - July 18, 2013 *Waiver of Public Hearinq and Certification of Special Assessments: 2013 Pavement Manaqement Proqram Drivewavs and 2013 Pavement Manaqement Proqram Sanitarv Sewer Repairs Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-90 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2013 CITY STREET IMPROVEMENTS Regular Meeting of the City Councii October 15, 2013 Page 3 *Waiver of Public Hearinq and Certification of Special Assessments: 2013 Pavement Manaqement Proqram Drivewavs and 2013 Pavement Manaqement Proqram Sanitarv Sewer Repairs - Continued 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, Scanlon and Schmidgall; the following was absent: Pentel, 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: RESOLUTION 13-91 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2013 CITY STREET IMPROVEMENTS 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, Scanlon and Schmidgall; the following was absent: Pentel, 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. Waiver of Public Hearinq and Certification of Special Assessments - 2012(A) Drivewavs Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-97 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 Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, 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 15, 2013 Page 4 Appointment to Bottineau Liqht Rail Transit Policv Advisorv Committee Vic Harvath, 5901 Laurel Avenue, #129, requested this item be removed from the consent agenda and had questions about the selection process for the resident representatives, the contact information for the committee members so the public can give and get information to the members; stated he felt some of the meetings that were conducted by Hennepin County and Metropolitan Council are a one way discussion and there was little input from the public into those meetings. Council Member Clausen and Mayor Harris reviewed the selection process. Thomas Burt answered questions from the Council. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to appoint the following to the Bottineau Light Rail Transit Planning Advisory Committee: Cathy Waldhauser and Rich Baker, Planning Commission Representatives; Jim Stremel and Debra Yahle, Environmental Commission Representatives; Gillian Rosenquist and Dan Steinberg, Open Space and Recreation Commission Representatives; and Sean Fahey and Andrea Wiley, Resident Representatives. *Acceptance of Donation - Covenant Villaqe of Golden Vallev for Fire Department Outreach Proqram Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-92 RESOLUTION ACCEPTING DONATION FROM COVENANT VILLAGE OF GOLDEN VALLEY FOR GOLDEN VALLEY FIRE DEPARTMENT OUTREACH 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, Harris, Scanlon and Schmidgall; the following was absent: Pentel, 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. *Acceptance of Donation - Soderberq Phvsical Therapv, LLC for Fire Department Outreach Proqram Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-93 RESOLUTION ACCEPTING DONATION FROM SODERBERG PHYSICAL THERAPY, LLC FOR GOLDEN VA�LEY FlRE DEPARTMENT OUTREACH PROGRAM Regular Meeting of the City Council October 15, 2013 Page 5 *Acceptance of Donation - Soderberq Phvsical Therapy, LLC for Fire Department Outreach Proqram - Continued 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, Scanlon and Schmidgall; the following was absent: Pentel, 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 for Submittal of Application for Metropolitan Council Tax Base Revitalization Account - The Xenia Proiect Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-94 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT - THE XENIA 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, Scanlon and Schmidgall; the following was absent: Pentel, 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. Approval of Modifvinq 2013 General Waqes and Salarv for Non-Union Personnel Vic Harvath, 5901 Laurel Avenue North, #129, and Paul Scofield, 327 Turners Crossroad South, requested item the item be removed from the consent agenda. Thomas Burt and Chantell Knauss, Assistant City Manager, presented a staff report and answered questions from the Council. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-95 RESOLUTION MODIFYING GENERAL WAGES AND SALARIES FOR NON-UNION PERSONNEL 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, Scanlon and Schmidgall; the following was absent: Pentel, 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 15, 2013 Page 6 Approval of Updated Citv Manaqer Emplovment Aqreement Vic Harvath, 5901 Laurel Avenue North, #129, and Paul Scofield, 327 Turners Crossroad South, requested item the item be removed from the consent agenda. Chantell Knauss, Assistant City Manager, presented a staff report and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-96 RESOLUTION UPDATING THE CITY MANAGER EMPLOYMENT AGREEMENT 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, Pentel, Scanlon and Schmidgall; the following was absent: Pentel, and the following abstained: Harris, 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. Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, The following ordinance was MOVED by Schmidgall, seconded by Clausen: ORDINANCE NO. 503, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development The 3.9.4. Apartments, P.U.D. No. 112 Global One Golden Valley, LLC, Applicant Joe Hogeboom, City Planner, presented the staff report and answered questions from the Council. Jeff Oliver, City Engineer, Jeannine Clancy, Thomas Burt, Mike Kotila, SEH Traffic Engineer, and Allen Barnard answered questions from the Council. Mark Globus, Global One Commercial, Applicant, Adam Singlecort, Real Estate Group, Gary Tushie, Architect and Todd Kavich, New Perspectives Senior Living reviewed the plan 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. Regular Meeting of the City Council October 15, 2013 Page 7 Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, - Continued Jane Gjerstad, 5420 Circle Down, had questions about what rent will be charged for the units; where will residents and guests park, feels if a parking spot is not included with the rent the surface parking will fill up quickly, questioned the parking versus apartment ratio; asked if guests will park on the street; the type of pile driving that will be done, stated the new stripes on the street have made no difference in her ability to get in or out of her driveway and feels at times it has made it worse; feels there is an issue with cars getting out from the Metropolitan because of the restriping of the street; feels there will be too much traffic on Circle Down, concerned about her property values and feel her house will be unsalable, and there will be too much traffic on a residential street. Leslie Davis, Earth Protector Environmental Group, Minneapolis, displayed a map of the Circle Down/Turners Crossroad area; feel when the traffic study was done the wrong ITE Code was used, the study used the 220 designation and feels the 222 designation should have been used; reviewed the parking ratios and feels that parking will not be adequate for the development; stated he would like to obtain the land from MnDOT and use it for a natural habitat area; had questions about noise mitigation for the neighborhood; doesn't feel the development should be built on a dead end street; concerned about the volume of traffic; wants to know how many cars will be leaving in the morning and how many cars per unit will be generated and feels the traffic study is false and should be corrected. Brad Kadue, 611 Radisson Road, stated he doesn't have an issue with the development but does have a traffic issue; people cut through on Radisson Road from Glenwood to Xenia and they usually speed on Radisson Road; expressed concern over the increase in traffic; asked if the City ever considered putting a dead end in on Lawn Terrace to restrict the through traffic; had questions about the traffic counter on Lawn Terrace; asked about the process to request a dead end on Lawn Terrace; asked why the public hearings have been delayed; and the costs associated with the purchase of the lot from MnDOT. Bernadine Fox, 5211 Circle Down, expressed concern about the wildlife in the area; feels that the development will change the quality of life in the neighborhood as people will look out their windows and see a wall. Jacquelyn Smith, 2721 Major Avenue North, had questions about Lot 18; asked if there was a need for the type of housing being proposed; asked if the units in the St. Louis Park West End are full; and asked if the City is receiving any TLC grants or LGA grants to build that type of housing. Laura Itman, 5300 Circle Down, wanted to know if there were any provisions for the homeowners when the property values decrease; feels that traffic will be an issue effecting the values; that there will also be an increase in traffic due to the new development that is happening in the area; concerned for rush hour traffic at 5 pm and feels they should be compensated for that; thinks the builder should take out the whole block; stated once the project has started you can't go back; and stated there is no housing in Minneapolis or St. Paul with the volume this development will have on a dead end street. Regular Meeting of the City Council October 15, 2013 Page 8 Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #'!12 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, - Continued John Sonsalla,5301 Circle Down, feels the project seems to have gotten bigger; the development is right behind his house and he will be looking at a 3-4 story building and concerned about the block of light to his home; feels there is so much going on in the area; the St. Louis Park development has so much traffic; concern for the increase in traffic and the potential for more accidents; had questions about snow storage; feels parking will be tight and how will snow storage impact parking and removal; will residents park on the street while the snow is being plowed; asked if the project could be scaled back and stated he is opposed to the project. Jeff Vaala, 5320 Circle Down, asked why the City was not more involved in the project; feels everyone thinks the project has terrible access; asked why the project has taken so long; feels the City should have been involved from the start and the developers told that the development would not get approval unless the access to the site was done the correct way and expressed concern over the volume of traffic. The Mayor closed the public hearing. MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to adopt Ordinance #503, 2nd Series, as amended: addition of condition #9: A Construction Communications Plan will be developed and provided to the neighborhood including residential and commercial properties. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - ABSENT SCANLON - YES SCHMIDGALL - YES 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 presented the staff report. MOVED by Scanlon, seconded by Clausen and motion carried unanimously to continue the public hearing for consideration of the easement vacations for the Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the November 6, 2013 City Council Meeting. Massaqe Facilitv License - BodvGEM Stacy Carlson, Police Chief, presented the staff report and answered questions from the Council. Judy Nally answered questions from the Council. Regular Meeting of the City Council October 15, 2013 Page 9 Massaqe Facility License — BodvGEM - Continued Gabbie Ward Zehourou, Co-Owner, BodyGEM, stated she had documentation to show she tried to comply and remove the Groupon ad from the internet and demonstrated what is shown when she tries to make adjustments to the website, reviewed her efforts to obtain the license and provide the necessary paperwork and the timeline of events in, and answered questions from the Council. MOVED by Clausen seconded by Scanlon and motion carried unanimously to deny the massage facility license for by BodyGEM, 1415 Lilac Drive, Suite 205, with the provision that the applicant can apply for a massage facility license again in one year; if the applicant has no further violations of City Code Section 6.46 between October 15, 2013 and Qctober 15, 2014. Announcements of Meetinqs A Bassett Creek Watershed Management Commission meeting will be held on October 17, 2013 at 8:30 am. Some Council Members may attend the Golden Valley Business Council on October 23, 2013 at 7:30 am at the Brookview Community Center. The Bottineau LRT Planning Advisory Committee will be held on October 24, 2013 at 7 am at the Brookview Grill. The Neighbors Helping Neighbors Raking Blitz will take place from October 25 to November 4, 2013. PRISM food drive drop off location is city hall, police department and Bassett Creek Dental. Election Day will be held on November 5, 2013. The next City Council meeting will be held on Wednesday, November 6, 2013 at 6:30 pm. Mavor and Council Communications The Triton Drive Neighborhood contacted Mayor Harris about a setting up a meeting and Mayor Harris will work with staff to set up a the neighborhood meeting. The Council discussed staff providing an information sheet to residents when they attend neighborhood meetings and Mayor Harris will work with staff about the sheet. Mayor Harris updated the Council on the General Mills Foundation 60th Anniversary he attended. Regular Meeting of the City Council October 15, 2013 Page 10 Mayor and Council Communications - Continued Mayor Harris updated the Council on the letter from United Transportation regarding the Southwest Light Rail Transit. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 10.18 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant