11-07-12 CC Agenda Packet (entire) AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, November 7, 2012
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER PAGES
A. Roll Call
B. Pledge of Allegiance - Robbinsdale Spanish Immersion E(ementary School
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda -All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval af Minutes - City Council Meeting - October 2, 2012 3-11
B. Approval of Check Registers:
1. City 12
2. Housing and Redevelopment Authority 13
C. Licenses:
1. Solicitor's License - Minnesota Public Interest Research Group (MPIRG) 14-16
2. Solicitor's License - GGC Environmental Group, LLC d/b/a Garbage Man 17-19
D. Minutes of Boards and Commissions:
1. Board of Zoning Appeals - September 20, 2012 20-24
2. Environmental Commission - September 24, 2012 25-26
3, Open Space and Recreation Commission - September 24, 2012 27-28
4. Joint Environmental Commission and Open Space and Recreation 29
Commission - September 24, 2012
5. Bassett Creek Watershed Management Commission - September 20, 2012 30-39
E. Bids and Quotes:
1. V-Box Sander - Quotes 40-41
F. Call for Public Hearing - Easement Vacations - 600 Boone Avenue North - 11/20/12 42-45
9 2-84
G. Authorization to Sign Agreement with Bassett Creek Watershed Management 46-55
Commission and WSB &Associates, Inc. for Preparation of Feasibility Report for
Briarwood/Dawnview Water Quality Project
4. PUBUC HEARINGS 7 PM
A. Public Hearing - 2013 and 2014 Pavement Management Program 12-85 and 12-$6 56-61
5. OLD BUSINESS
6. NEW BUSINESS
A. Announcements of Meetings
B. Mayor and Council Communications
7. ADJOURNMENT
Regular Meeting
of the
City Council
October 2, 2012
Pursuant ta 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 Raad in said
City on October 2, 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.
Approval of Aqenda
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the
agenda af October 2, 2012 as amended: addition of Call for Administrative Hearing - 7851
23rd Auenue North - 10/16/12.
Approval of Consent Aqenda
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
agenda of October 2, 2012 as amended: removal of Call for Public Hearing - Existing
Platted, Drainage and Utility Easement Vacations - 1540 and 1550 St. Croix Circle -
10/16/12 and Proclamation for Toastmasters Month - October 2012; and addition of Call
for Administrative Hearing - 7851 23rd Avenue North - 10/16/12.
*Approval of Minutes - Citv Council Meetinq - September 4, 2012
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
City Council Meeting minutes of September 4, 2012 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.
*Minutes of Boards and Commissions
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - August 28, 2012
Environmental Commission - August 27, 2012
Envision Connection Project Board of Directors - May 10, 2012
Joint Water Commission -August 1, 2012
Open Space and Recreation Commission - July 23, 2012
Bassett Creek Watershed Management Commission - August 16, 2012
Regular Meeting of the City council
October 2, 2012
Page 2
*Email from John Kluchka Reqardinq PUD 110 Desiqn Review
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file the email from John Kluchka, dated September 10, 2012, regarding PUD 110 design
review.
*Authorization for Submittal of Application for Hennepin Youth Sports Proqram
Grants - Brookview Park Plav Structure
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-68
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
The motion for the adoption of the foregoing resolution was seconded by Member Clausen
and upan a vote being taken thereon, the following voted in favor thereof: Glausen,
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 Public Hearinq - Existinq Platted, Drainaqe and Utility Easement Vacations -
1540 and 1550 St. Croix Circle - 10/16/12
Council Member Pentel stated that in review of City Code feels the Council may have acted
in error when action was taken regarding the waiver for the Golden View plat and
requested the City Attorney determine if the action taken was valid.
Allen Barnard, Thomas Burt and Jeannine Clancy answered questions from the Council.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously that Staff and
the City Attorney review City Code Section 12.50 to determine if City Council action taken
regarding preliminary plat approval for Golden View is valid, and report back to Council
prior to consideration of the final plat.
Member Pentel introduced the following resolution and moved its adoption;
RESOLUTION 12-69
RESOLUTION ESTABLISHING A PUBLIC HEARING ON OCTOBER 16, 2�12 TO
CONSIDER VACATION OF ALL EXISTING PLATTED EASEMENTS IN
LUT 7 AND LOT 8, �JF 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
Regular Meeting of the City council
October 2, 2Q12
Page 3
Call for Public Hearinq - Existinq Platted, Drainaqe and Utility Easement Vacations -
1540 and 1550 St. Croix Circle - 10/16/12 - 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,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupan said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Authorization to Siqn Aqreements for Lakeview Park Water Qualitv Pond Proiect:
Bassett Creek Watershed Manaqement Commission and Short Elliott Hendrickson�
Inc.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the Mayar and City Manager sign the Cooperative Agreement with the Bassett Creek
Watershed Management Commission for Lakeview Park water quality pond project.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the City Manager sign the agreement with SEH, Inc. for Lakeview Park Pond project for
$46,000.
*Authorization to Siqn Aqreements for Stream Bank Stabilization Proiect: Bassett
Creek Watershed Manaqement Commission, Stephen Dent - 5929 St. Croix Avenue
North and Phil and Huonq Hirsch - 5919 St. Croix Avenue North
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager sign the agreement with the Bassett Creek Watershed
Management Commission for stream bank stabilization.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager sign the agreement with Stephen Dent, 5929 St. Craix
Avenue North for stream bank stabilization.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager sign the agreement with Phil and Huong Hirsch, 5919 St.
Croix Avenue North for stream bank stabilization.
*Proclamation for Fire Prevention Week - October 7-13. 2012
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adopt the
proclamation for Fire Prevention Week, October 7-13, 2012.
Regular Meeting of the City council
October 2, 2012
Page 4
Proclamation for Toastmasters Month - October 2012
Mayor Harris read the proclamation and introduced Ed Sodergren and presented him with
the proclamation. Mr. Sodergren gave an overview of the Toastmasters organization.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt the
proclamation for Toastmasters Month, October 2012.
*Call for Public Hearinq - 2013-2014 Pavement Manaqement Proqram - 11/7/12
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-70
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 13-1
2013 PAVEMENT MANAGEMENT PROGRAM
AND
PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 14-1
2014 PAVEMENT MANAGEMENT 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 againsf 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 Full Extension for Filing of Plat and Submittinq Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and
Hiqhwav 100 - Duke Realtv, 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 Tawers
at West End PUD No. 107 to February 4, 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. The approval is 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 af TH 100, to occur at the time building permits are applied for by Duke.
Regular Meeting of the City council
October 2, 2012
Page 5
*Approval of Full Extension for Filinq of Plat and Submittinq Final PIJD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and
Hiqhwav 10p - Duke Realtv, Applicant— Continued
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.
*Call for Administrative Hearinq - 1516'/z Rhode Island Avenue North - 1Q/9/12
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for an
administrative hearing on an appeal of administrative citation for 1516'/z Rhode Island
Avenue North for October 9, 2012 at 6 pm.
*Call for Administrative Hearinq - 9147 Olson Memorial Hiqhwav - 10/16/12
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for an
administrative hearing on an appeal of administrative citation for 9147 Olson Memorial
Highway for October 16, 2012 at 6 pm.
*Approvinq Appointment of Election Judqes for State General Election
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-71
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE STATE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2012
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.
Regular Meeting of the City council
October 2, 2012
Page 6
*Call for Administrative Hearinq - 7851 23rd Avenue North - 10/16/12
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for an
administrative hearing on an appeal of administrative citation for 7851 23rd Avenue North
for October 16, 2012 at 5:30 pm.
Public Hearinq - Host Approval for Issuance of Revenue Obliqations - Cities of
Minnetonka and St. Louis Park - Breck School
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Councit.
The Mayor opened the meeting for public input and persons present to do so were
afforded the apportunity to express their views thereon. Hearing and seeing no one, the
Mayor clased the public hearing.
Member Pentel intraduced the following resolution and moved its adoption:
RESOLUTION 12-72
RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE
CITY QF ST. LOUIS PARK AND THE CITY OF MINNETONKA OF REVENUE
OBLIGATIONS TO FINANCE A PROJECT UNDER MINNESOTA STATUTES, SECTIONS
469.152 THROUGH 469.1651, AS AMENDED; APPROVING AND AUTHORIZING THE
EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF ST. LOUfS
PARK AND THE CITY OF MINNETONKA; AND APPROVING AND AUTHORIZING
CERTAIN ACTIONS RELATED THERETO
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.
Public Hearinq - Special Assessments - Delinquent Utilitv Bills
Sue Virnig, Finance Director, introduced the agenda item 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.
Regular Meeting of the City council
October 2, 2012
Page 7
Public Hearinq - Special Assessments - Delinquent Utilitv Bills - Continued
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-73
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR DELINQUENT UTILITY BILLING
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, Pentet 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 - Special Assessments - Miscellaneous Charqes
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Allen Barnard, Thomas Burt, and Mark Kuhnly, Chief of Fire and Inspection
Services 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.
LaVonne Gudmundsson, 2465 Brunswick Avenue North, stated she had inherited the
property from her sister wha passed away, she had questions regarding the fines that were
assessed to the property for damages and debris on the property after a tornado, stated
she lived in California and did not get notified of the fines and that the property was tied up
beeause of her sister's death; feels that notices should have been sent to her, asked if
there was any special circumstances for waiver of the fines because of the death and legal
complications with the property.
Jason and Jacki Wiebesick, 512 Jersey Avenue North, submitted a letter objecting to the
special assessment, stated he did not get a rental license and got a citation, objected to
the citation at an administrative hearing and the fine was reduced but he is objecting
because he feels he did not get the answers to his questions, feels the fine is an
unnecessary burden as he doesn't have any complaints filed against him and that there
would be no cost to the City if the assessment was dismissed as it is a financial hardship
for him to pay the assessment.
The Mayar closed the public hearing.
Regular Meeting of the City council
October 2, 2012
Page 8
Public Hearinq - Special Assessments - Miscellaneous Charqes - Continued
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-74
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR MISCELLANEOUS CHARGES
(WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC)
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.
Announcements of Meetinqs
Some Council Members may attend the Employee Appreciation & Recognition Ceremony
on October 4, 2012 from 9:30 am.
Some Council Members may attend the Second Harvest Heartland West Open House,
6325 Sandburg Road, Suite 1700 on October 4, 2012 from 2 to 7 pm.
A Tax Reform Town Hall Meeting will be held at the Crystal Community Center, 4800
Douglas Drive on October 4, 2012 at 7 pm.
Some Council Members may attend some of the Valley Volunteer Day activities that will be
held throughout the day at various locations on October 6, 2012 from 9 am to 1 pm.
Some Council Members may attend Kelly Drive Pumpkin Fest on October 6, 2012 from
11 am to 2 pm.
The final day for the Market in the Valley will be held on October 7, 2012 from 9 am to 1
pm in the city hall parking lot.
The Council will hold Board/Commission interviews on October 9, 2012 at 5:45 pm.
The Council will hold an Administrative Hearing on October 9, 2012 at 6 pm.
The next Housing and Redevelopment Authority meeting will be held on October 9, 2012 at
6:30 pm.
The next Council/Manager Meeting will be held on October 9, 2012 immediately following
the Housing and Redevelopment Authority Meeting.
Regular Meeting of the City council
October 2, 2012
Page 9
Announcements of Meetinqs - Continued
Some Council Members may attend the Golden Valley Historical Society Meeting on
October 11, 2012 at 7 pm at the Golden Valley Historical Society.
Mighty Tidy Day will be held on October 13, 2012 from 8 am to 1 pm at Brookview Park.
The Council will hold Board/Commission interviews on October 16, 2012 at 5:15 pm.
The Council will hold an Administrative Hearing on October 16, 2012 at 5:30 pm.
The Council will hold an Administrative Hearing on October 16, 2012 at 6 pm.
The next City Gouncil meeting will be held on October 16, 2012 at 6:30 pm.
Some Council Members may attend the Circle Down Neighborhood Meeting on October
23, 2012 at 7 pm at the Brown Carlson building.
Mayor and Council Communications
The Council discussed ideas for conducting neighborhood meetings such as holding the
meetings on a regular date such as the fourth Tuesday or Thursdays of the month; hold
them in a public location that is ADA compliant such as Brookview Community Center, park
buildings, fire stations, townhome party rooms.
The Council will discuss Neighborhood Meetings at the October Council/Manager Meeting.
The Circle Down neighborhood meeting is scheduled for October 23 and because of the
future discussion of potential development near the neighborhood it was determined that
the meeting should be held at a later date.
Adiournment
MOVED by Clausen, seconded by Pentel and motion carried unanimously to adjourn the
meeting at 7:58 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant