09-19-12 CC Minutes Regular Meeting
of the
City Council
September 19, 2012
Pursuant to due call and notice thereof, a regular meeting of the City Cauncil of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on September 19, 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.
Presentation of Certificate of Recoqnition to Damon Struvk
Mayor Harris presented Damon Struyk with a Gertificate of Recognition for his service on
the Minneapolis Park and Recreation Board's Theodore Wirth Park Citizen Advisory
Committee.
The Council thanked Damon Struyk for service to the community.
Presentation of American Public Works Association Exceptional Performance Award
for Journalism - Inflow and Infiltration Communications Plan
Jeannine Clancy introduced Mark Maloney, Past President, Minnesota APWA, who
presented the award the Communications Department and the Public Works Department
for receipt of the American Public Works Assoeiation Exceptional Performance Award in
Journalism for the City of Golden Valley's Inflow and Infiltration Communications Plan.
The employees who were present to accept the award are: Cheryl Weiler, Communications
Manager; Dave Lemke, Utility Supervisor; Lisa Nesbit, Administrative Assistant; Mitch
Hoeft, Engineer in Training; and Jeff Oliver, City Engineer. The following employees were
not able to attend: Ben Sandell, Communications Specialist; Kristi Bucher, Web/Graphic
Designer; and Bert Tracy. Public Works Maintenance Manager.
The Council congratulated staff on receiving the award.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of September 4, 2012 as amended: Letter from Christopher Gise Regarding
Golden View Addition additional background material was distributed.
Approval of Consent Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of September 19, 2012 as amended: removal of Proclamation for Women of
Today Week.
Regular Meeting of the City Council
September 19, 2012
Page 2
*Approval of Minutes - Citv Council Meetinq -Auqust 21, 2012
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of August 21, 2012 as submitted.
*Therapeutic Massaqe Facilitv License - MST 3 Inc. d/b/a The Beautv Lab
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
issuance of a Therapeutic Massage Facility License for MST 3 Inc. d/b/a The Beauty Lab
located at 681 Winnetka Avenue North.
*Approval of Check Reqister
MOVEQ by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City bills as submitted.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - August 27, 2012
Human Services Fund - July 9, 2012
Bassett Creek Watershed Management Commission - July 19, 2012
*Sweenev and Wirth Lake Outlet Structure Improvements - Bids
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid
for construction of Sweeney and Wirth Lake outlet structure improvements to the lowest
responsibl� bidder, GF Jedlicki, Inc. for $175,635. The bids were as follows:
GF Jedlicki, Inc. $175,635
Minger Construction, Inc. $197,70�
Veit & Company, Inc. $275,830
*Letter from Christopher Gise Reqardinq Golden View Addition
M�VED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the letter from Christopher Gise, dated September 13, 2012; and additional email dated
September 18, 2012.
Proclamation for Women of Todav Week
Mayor Ha�ris read and presented the Proclamation for Women of Today Week to the
members in attendance.
Regular Meeting of the City Council
September 19, 2012
Page 3
Proclamation for Women of Todav Week - Continued
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the
praclamation for Women to Today Week, September 23-29, 2012.
*Appointment of Absentee Ballot Board Election Judqes for General Election
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-66
FtESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES
FOR THE NOVEMBER 6, 2012 GENERAL ELECTION
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.
*Authorization to Sign School Resource Officer Service Aqreement with Independent
School District 281
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
City Manager to sign the School Resource Officer Service Agreement with Independent
School District 281.
*Receipt of Auqust 2012 Financial Reports
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the August 2012 Financial Reports.
*Authorization to Siqn Aqreement with SEH, Inc. for Survev, Desiqn and Plan
Preparation for Sidewalk and Trail Svstem Upqrades
MOVED by Pentel, seconded by Scanlon and motion carried unanimous�y to authorize the
City Manager to sign the agreement with SEH, Inc. for survey, design and plan preparation
of ADA improvements in the City's ADA Transition Plan Priority 1 area for an estimated
amount of $46,000.
, Public Hearinq - Ordinance #488 - Final Desiqn Plan Approval - PUD #109 - Eldridqe
3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants
The following ordinance was MOVED by Pentel, seconded by Freiberg:
Regular Meeting of the City Council
September 19, 2012
Page 4
Public Hearinq - Ordinance #488 - Final Desiqn Plan Approval - PUD #109 - Eldridge
3rd Addition - 4900 Triton Drive -A.K.A.R.E. Companies LLC, Applicants - Continued
ORDINANCE NO. 488, 2ND SERIES
• AN ORDINANCE AMENDING THE CITY CODE
Approval of Final Plan of Development
Eldridge 3rd Addition, P.U.D. No. 109
A.K.A.R.E. Companies, LLC, Applicants
Rob Eldridge, applicant, reviewed the final plan and answered questions from the Council.
Chuck Segelbaum presented the Planning Commission report and answered questions
from the Council.
Mark Grimes, Director of Planning and Development, presented the staff report and
answered questions from the Council. Jeff Oliver, City Engineer, reviewed his staff report
and answered questions from the Council. Thomas Burt, Allen Barnard and Jeannine
Clancy answered questions from the Council.
The Mayor opened the meeting far public input and persons present to do so were
afforded the opportunity to express their views thereon.
Fred Reiter, 3146 Quail Avenue North, filed a written objection to the granting of final
approval to the PUD; stated he requested documents at the last meeting and did not
receive them; stated he has reviewed the documents he had and feels that the preliminary
plan application did not follow the city code as it states that the owner or representative
and contract holder are allowed to submit an application for a PUD and he feels based on
the documents contained in his objection that none of the persons listed on the PUD
application owned the property at the time the application was submitted, feels the
application was an improper application; was void because it was not signed by the owner
and submitted by someone who did not own the property; feels the Council should not
have accepted it and they didn't know it was void and feels the decisions made af that time
are atso void; requested the Council put the decision off for at least 30 days to give the
Council and all interested parties an opportunity to come forward with any documents or
records that they may have that they should look at; requested copies of all relevant
documents so they can review them and asked the Council not to make a decision until
they have seen the documents and had enough time to review the documents and have
their input as a neighborhood.
Mike Ernst, 4845 Lowry Terrace, stated he is still concerned about the pond, the builder
and develaper didn't object to the idea of the bio-filter catch basin in lieu of the pond; did
not hear the Bassett Creek Watershed Management Commission objected to the bio-filter;
asked what the cost difference is between a bio-filter and pond maintenance; stated the
bio-filter system would be on the cul-de-sac on a hard surface and can be accessed
anytime during the year; stated there may be sheds and power lines in the way with
Regular Meeting of the City Council
September 19, 2012
Page 5
Public Hearinq - Ordinance #488 - Final Desiqn Plan Approval - PUD #109 - Eldridqe
3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants - Continued
maintenance and there is potential for property; he is fine with leaving the power lines
where they are and moving the pond to the south if a pond is installed; stated the
neighborhood was not interested in paying the filing fees for the land to alleviate the pond;
feels there is no need for a pond;
Jack Terrio, 3139 Orchard Avenue North, asked if the marking for the individual lots across
the back or side yard will going in; feels the area has never been properly surveyed; stated
in the past the property lines were moved by 3 feet; stated the property is hilly and wanted
to know how much control the City has if the owner wants to move dirt in and level the land
for a play area or move dump dirt so that from his property you would be looking up a hill, a
few of the neighbors dan't know where the property lines are; had questions about wells;
and stated that he thinks there is a septic tank on the property.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously ta direct staff to
locate the purchase agreements and provide them to Mr. Reiter and any other persons
interested in obtaining them.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt
Ordinance #488, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Public Hearinq - Existinq Platted Easement Vacations - 4900 Triton Drive - Eldridqe
3rd Addition. PUD #109 12-67
Jeannine Clancy introduced the agenda item and answered questions from the Council.
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.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to continue the
public hearing until the plat for Eldridge 3rd Addition PUD 109 is considered for approval
by CounciL
Regular Meeting of the City Council
September 19, 2012
Page 6
Public Hearin,g - Preliminarv Plat Approval - Golden View - 1540 and 1550 St. Croix
Circle
Jacqueline Day, representing the applicants, reviewed the plat and answered questions
from the Council.
Chuck Segelbaum presented the Planning Commission report and answered questions
from the Council.
Mark Grimes, Director of Planning and Development, presented the staff report and
answered questions from the Council. Jeannine Clancy and Jeff Oliver, City Engineer; 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. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Freiberg, seconded by Scanlon and motion carried to approve the Preliminary
Plat for Golden View, 1540 and 1550 St. Croix Circle, make the following findings:
1. There are special circumstances affecting said properties so that the strict application of
the provisions of Chapter 12 create an unusual hardship and practical difficulties and
deprive the applicant of the reasonable use of their property.
2. The variance is necessary for the preservation and enjoyment of a substantial property
right of the petitioner as well as the City.
3. the granting of the variance will not be detrimental to the public welfare or injurious to
other property in the neighborhood in which said property is situated it will be in fact be
advantageous.
Further, subject to the following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. A park dedication fee shall be paid before final plat approval.
3. The City Engineer's memorandum, dated August 22, 2012 shall become part of this
approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council that
will include issues found in the City Engineer's memorandum.
5. All applicable City permits shall be obtained prior to the development of the new lots.
Regular Meeting of the City Council
September 19, 2012
Page 7
Public Hearinq - Preliminarv Plat Approval - Golden View - 1540 and 1550 St. Croix
Circle - Continued
Further, the City Council approves a waiver from Section 12:20, Subdivision 5(A) of City
Code, finding that;
1. The proposed Lot 1 measures 60 feet in width along the northeast front setback line.
2. The proposed Lot 2 measures 62 feet in width along the northeast front setback line.
3. Section 12.20, Subdivision 5(A) of City Code requires that interior lots measure at least
80 feet in width along the front setback lines.
4. Reducing the lot width requirement eliminates the need for additional road construction.
Council Member Pentel and Scanlon voted no.
The Council requested that staff review the conditions for variances from the Subdivision
Code for discussion at a future Council/Manager meeting.
Public Hearinq - Preliminary Desiqn Plan Approval - PUD #110 - Boone Avenue
Convenience Center - Linn Investment Properties, Applicants
Stephen Linn, CEO Linn Companies, Applicant reviewed the plan and answered questions
from the Council. Cathy Anderson, Architect, Architectural Consortium and Jared Jones,
Civil Engineer, MFRA, answered questions from the Council.
Chuck Segelbaum presented the Planning Commission report and answered questions
from the CounciL
Joe Hogeboom, City Planner, presented the staff report and answered questions from the
Council. 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.
MOVED by Seanlon, seconded by Clausen and motion carried unanimously to approve the
Preliminary PUD Plan for Boone Avenue Convenience Center PUD No. 110, subject to the
following conditions:
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
July 30, 2012, shall become part of this approval.
3. The recommendations and requirements outlined in the memo from City Engineer Jeff
Oliver and Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning
and Development, dated August 22, 2012, shall become a part of this approval.
4. All signs on the property must meet the requirements of the City's Sign Code.
Regular Meeting of the City Council
September 19, 2012
Page 8
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #110 - Boone Avenue
Convenience Center - Linn lnvestment Properties, Applicants - Continued
5. The final design plans include elements for final design based on the Planning
Commissian discussion.
6. There shall be discussion between staff and the applicant regarding the appropriate
amount of parking for the site.
7. There shall be discussion between staff and the applicant regarding alternative starm
water management options.
8. An enhanced landscape plan shall be considered.
9. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
In addition the Council makes the following findings pursuant to City Code Section 11.55,
Subd. 5(E)(1):
1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher
quality of site planning and design than generally expected under conventional
provisions of the ordinance.
2. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands and open waters.
3. The PUD plan includes efficient and effective use (which includes preservation) of the
land.
4. The PUD Plan results in development compatible with adjacent uses and is consistent
with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
The Council requested the letter sent by John Kluchka be received and filed at the next
City Council meeting.
Announcements of Meetinqs
A Bassett Creek Water Management Commission meeting will be held on September 20,
2012 at 11:30 am.
Some Council Members may attend the Golden Oaks Park neighborhood meeting on
September 20; 2012 at 7 pm at Mibs Pearson's, 8115 Plymouth Avenue.
Some Council Members may attend the Lilac Planting Party on September 22, 2012 at
8:30 am at 9010 Olson Memorial Highway.
Some Council Members may attend the neighborhood meeting on September 27, 2012 at
7 pm at Jeanne and Iver Iverson's, 1437 Orkla Drive.
Regular Meeting of the City Council
September 19, 2012
Page 9
Announcements of Meetinqs
The City Council will interview candidates for the board/commission vacancies on October
2, 2012 at 6 pm.
The next City Council meeting will be held on October 2, 2012 at 6:30 pm.
Some Council Members may attend the Valley Volunteer Day activities from 9 am to 1 pm
at various locations throughout the city.
Some Council Members may attend the Kelly Drive Pumpkin Festival on October 6, 2012
at 11 am at the Kelly Drive neighborhood.
Mayor and Council Communications
Mayar Harris updated the Council on a meeting he held with a group of teens regarding a
teen advisory group and will keep the Council informed about the status of the group.
Mayor Harris met with Joan Peters, Three Rivers Park District Commissioner and it was
suggested that an introductory meeting be set with the leadership of the Park District to
discuss trail maintenance and the Bassett Creek Regional Trail.
Thomas Burt updated the Cauncil on the meeting held with other communities regarding
9-1-1 dispatch centers and dispatch services.
Counci! Member Scanlon updated the Council on the Robbinsdale School District 281
meeting and Bridge Buildings.
Adiournment
MQVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the
meeting at 10:19 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant