12-18-12 CC Minutes Regular Meeting
of the
City Council
December 18, 2012
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 December 18, 2012 at 6:30 pm.
The following members were present: Clausen, Freiberg, Harris, Pentel (left at 10:07 pm)
and Scanlon. 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.
Presentation of Certificate of Excellence - Communitv Service Officer Scott Peterson
Police Chief Stacy Carlson introduced the agenda item and presented a Certificate of
Excellence to Community Service Officer Scott Peterson.
The Council expressed their appreciation to Mr. Peterson.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of December 18, 2012 as amended: addition of emails and letters regarding
Bottineau Transitway, email regarding CenterPoint Franchise Fee, fetter from David Webb
regarding 3.9.4. Proposed Development and Announcements of Appointment for Council
Vacancy.
Approval of Consent Aqenda
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the
agenda of December 18, 2012 as submitted.
*Approval of Minutes - Citv Council Meetinq - November 7, 2012 and
Council/Manaper Meetinq - November 13, 2012
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the
City Council meeting minutes of November 7, 2012 and the Council/Manager meeting
minutes of November 13, 2012 as submitted.
*Approval of Check Reqister
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the payment of the City and Housing and Redevelopment Authority bi11s as submitted.
Regular Meeting of the City Council
December 18, 2012
Page 2
*General Business Licenses
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the issuance of license as recommended by staff.
*City Gamblinq Licenses
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the
City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley
VFW Post#7051, Minnesota Youth Athletic Services and Crystal Lions.
*Minutes of Boards and Commissions
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - November 5, 2012
Joint Water Commission - November 7, 2012
Minneapolis Drinking Water Advisory Board - August 23, 2012
Human Rights Commission Task Force - September 29 and October 13, 2012
Bassett Creek Watershed Management Commission - October 16, 2012
*Police and Fire SUV's - Quotes
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to purchase
three police interceptor SUV's through the State of Minnesota Squad Car contract from
Nelson Auto Center for $87,077.46.
*Vehicle Hoist - Quotes
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to purchase
and install a vehicle maintenance hoist through the Houston Galveston Area Council
Cooperative Purchasing Program from Rotary Lift for $121,135.95, including tax and
freight.
*Emails and Letters Repardinq Bottineau Transifiwav
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the emails and/or letters regarding Bottineau Transitway.
*Email Reqardinq CenterPoint Franchise Fee
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the email from Mae Held, dated December 11, 2012 and Charles Reynolds, dated
December 18, 2012, regarding CenterPoint Franchise Fee.
Regular Meeting of the City Council
December 17, 2012
Page 3
*Letter from David Webb Reqardinq 3.9.4. Proposed Development
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the letter from David Webb, dated December 18, 2012, regarding the 3.9.4. proposed
development.
*Approval of 2013 General Waqes and Salaries for Non-union Personnel
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-97
RESOLUTION ESTABLISHING 2013 GENERAL WAGES
AND SALARIES FOR ALL NON-UNION PERSONNEL
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, 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.
*Approval of Citv Manaqer Salarv
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-98
RESOLUTION UPDATING THE ADDENDUM TO THE
CITY MANAGER EMPLOYMENT AGREEMENT
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, 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.
*Acceptance of Donations for Onqoinq Proqrams and Other Miscellaneous
Donations
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-99
RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS
AND OTHER MISCELLANEOUS DONATIONS
Regular Meeting of the City Council
December 18, 2012
Page 4
*Acceptance of Donations for Onpoinq Proqrams and Other Miscellaneous
Donations - Continued
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, 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.
*Adoption of Amendments to Emplovee Handbook
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-100
RESOLUTION ADOPTING AMENDMENTS TO EMPLOYEE HANDBOOK
The motfon 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, 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.
*Receipt of Human Riqhts Commission Task Force Report
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the Human Rights Commission Task Force Report and Recammendation.
*Authorization to Siqn Contact with Golden Leaf Tree Service for Trimminq and
Removal of Trees
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the Mayor and City Manager to sign the two-year contract with Golden Leaf Tree Service
for trimming and removal of trees on public and private property for $126,590.
*Call for Public Hearinq - Easement Vacations - Plats of Fahrendorff Addition and
Olin Addition (6900 Block of Harold Avenuel - 1/15/13
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-101
RESOLUTION ESTABLISHING A PUBLIC HEARING ON JANUARY 15, 2013 TO
TO CONSIDER VACATION OF A PORTION OF CERTAIN PLATTED EASEMENTS IN
THE PLATS OF FAHRENDORFF ADDITION AND OLIN ADDITION
Regular Meeting of the City Council
December 18, 2012
Page 5
*Call for Public Hearinq - Easement Vacations - Plats of FahrendorFf Addition and
Olin Addition (6900 Block of Harold Avenue) - 1/15/13 - Gontinued
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, 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.
*Receipt of November 2012 Financial Reports
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and
file the November 2012 Financial Reports.
*Authorization to Siqn Enqaqement Letter with Mallov, Montaque, Karnowski,
Radosevich, & Co. for 2012 Audit Services
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the City Manager to sign Engagement �etter with Malloy, Montaque, Karnowski,
Radosevich & Co., P.A. for the 2012 audit services for $43,900.
*Authorization to Send Letter to Henneain Countv Commissioner Johnson Reqardinq
the Hennepin Countv Watershed Governance Proposal
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
staff to mail letter to Commissioner Jeff Johnson regarding the Hennepin County
Watershed Governance Proposal.
*Authorization to Siqn Aqreement with Soiourner Proiect Inc. for pomestic Assault
Intervention Services
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the Mayor and City Manager to sign the Intervention Services Agreement with Sojourner
Project, Inc. for domestic assault intervention services.
*Authorization to Siqn Aqreement with Citv of Robbinsdale for Animal Impound
Services
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the Mayor and City Manager to sign the Agreement for Animal Impound Services with the
City of Robbinsdale.
Regular Meeting of the City Council
December 18, 2012
Page 6
*Authorization to Siqn Aqreement with Hennepin Countv for Purchase of Soccer
Goals
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the Mayor and City Manager to sign Contract No: A121650, Agreement for Golden Valley
Soccer Goals with Hennepin County for the purchase of soccer goals.
*Authorization to Siqn Contract with Visual Pro for Police 360 Video Svstem
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize
the City Manager to sign the contract with Visual Pro for the purchase of Panasonic
Arbitrator 360 video system for $87,238.80.
Public Hearinq - Preliminarv Plat Approval - Olin Woods
Pete Knaeble, applicant, reviewed the plat and answered questions from the Council.
Dave Cera 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 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.
Raul Pasada, 6850 Harold Avenue, feels this development will bring a different feel to the
cul-de-sac, the lots are small, the neighborhood has large homes with elbow space and is
quiet, feels the new development will bring smaller homes, more noise and traffic,
expressed concern over safety of children, wanted to know how this development will effect
property values, and suggested they reconsider reducing the number of homes ta be built.
The Mayor closed the public hearing.
MOVED by Freiberg, seconded by Clausen and motion carried to approve the Preliminary
Plat for Olin Woods, Lot 1, Block 1, Olin Addition and Lot 1, Block 1, Fahrendorff Addition,
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 of $850 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated October 26, 2012 shall become part of this
approval including no driveways to the rear of the lots from Glenwood Avenue.
Regular Meeting of the City Council
December 18, 2012
Page 7
Public Hearinq - Preliminarv Plat Approval - Olin Woods - Continued
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.
6. The Planning Commission recommends approval of the subdivision variance allowing
Lots 1 and 2 to be narrower at the front setback line from Harold Avenue.
Further, the City Council appraves a waiver from Section 12.2Q, Subdivision 5(A) of City Code,
finding that;
1. The proposed Lot 1 measures 62.6 feet in width along Harold Avenue front setback
line.
2. The proposed Lot 2 measures 66.6 feet in width along the Harold Avenue 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 construction of a driveway on to a
minor arterial street that carries 12,000 trips per day (County Road 40 or Glenwood
Avenue). In addition, the driveway to the conforming lot on Glenwood would be located
on a curve near the intersection with Harold Avenue and near the intersection with TH
55. Both the County Public Works staff and City Public Works staff recommend against
additional driveways on Glenwood Avenue when there are other alternatives.
5. Furthermore, Section 12.54 (Subdivision Chapter) states that the City Council may
grant a variance if findings are made on all of three conditions. These three conditions
are as follows with the recommended findings: 1. There are special circumstances for
conditions affecting said property so that the strict application of the provisions of this
Chapter would create an unusual hardship and deprive the applicant of reasonable uss
of his land. Economic difficulty or inconvenience shall not constitute a hardship situation
for the purpose of this ordinance. Finding: If the plan with three conforming lots were
approved, one of the lots would have driveway access from Glenwood Avenue on a
curve. This creates an unsafe condition for the location of a house. The location of this
lot at this curve is a special circumstance and creates an unusual hardship for the sale
and occupancy of the lot. 2. The variance is necessary for the preservation and
enjoyment of a substantial property right of the petitioner. Finding: Without the
variance, any sale of the lot with a driveway access on a curve of Glenwood Avenue
would be much less likely and reduce the owner's ability to sell the property in manner
consistent with the General Land Use Plan for 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. Finding: If there was a lot constructed
on the curve of Glenwood Avenue, this could be considered a detriment to the public
welfare and injurious to other property in the area. If the variance was granted to allow
the three lots to come off the cul-de-sac, this would not be detrimental to the
neighborhood. This street has adequate capacity to handle three additional driveways
and 30 additional trips per day (approximately 1 Q trips for single family home).
Regular Meeting of the City Council
December 18, 2012
Page 8
Public Hearinq - Preliminary Plat Approval - Olin Woods - Continued
6. The proposed variance is consistent with the other land uses in the area and that the
Olin Woods plans with three driveways on to Harold Avenue is in the public interest in
order to reduce traffic conflicts and safety.
Council Member Pentel voted no.
The Council requested the Planning Commission and Board of Zoning Appeals review
variances to the subdivision code.
Public Hearinq - Proposed Redevelopment Plan for the Hiqhwav 55 West
Redevelopment Proiect Area and a Tax Increment Financinq (TIF) Plan for the
�hway 55 West TIF District No. 1
Jeanne Andre, HRA Assistant Director, reviewed the plans 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.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 12-102
RESOLUTION OF THE GITY QF GOLDEN VALLEY,
HENNEPIN COUNTY, MINNESOTA
ADOPTING THE REDEVELOPMENT PLAN FOR THE HIGHWAY 55 WEST
REDEVELOPMENT PROJECT AREA
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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-103
RESOLUTION OF THE CITY OF GOLDEN VALLEY,
HENNEPIN COUNTY, MINNESOTA,
ADOPTING THE TAX INCREMENT FINANCING PLAN FOR HIGHWAY 55 WEST
TAX INCREMENT FINANCING DISTRICT NO. 1
(RENEWAL AND RENOVATION)
Regular Meeting of the City Council
December 18, 2012
Page 9
Public Hearinq - Proposed Redevelopment Plan for the Hiqhwav 55 West
Redevelopment Proiect Area and a Tax Increment Financinq (TIF) Plan for the
Hiqhwav 55 West TIF District No. 1
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 - Ordinance #491 - Final Desiqn Plan Approval - PUD #111 - The
Tiburon Apartments - Tiburon 55, LLC. Applicants
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 491, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Final Plan of Development
The Tiburon Apartments, P.U.D. No. 111
Tiburon 55, LLC, Applicant
Steve Dunbar, applicant, reviewed the plat and 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.
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 #491, 2nd Series as amended: addition of condition 9. No snow shall be stored
on site. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments -
Global One Golden Vallev, LLC., Applicants
Mark Globus, Global One Golden Valley, LLC, applicant, reviewed the plan and answered
questions from the Council. Gary Tushie, Tushie Montgomery Architects, answered
questions from the Council.
Regular Meeting of the City Council
December 18, 2012
Page 10
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments -
Global One Golden Vallev, LLC., Applicants - Continued
Dave Cera, 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. Allen Barnard, Jeannine Clancy, Tom Burt, Jeff
Oliver, City Engineer and Mike Kotala, SEH traffic engineer, answered questions from the
Council.
The Mayor apened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Bernie Fox, 5211 Circle Down, stated her home is next to the parking lot and is concerned
about snowplow noise, stated they already hear the dumpster clanking at night from the
small apartments in the neighborhood; showed a picture of the woods near her home and
is concerned about the loss of the woods and the view of the proposed development;
expected a development there but thought it would be smaller in size; is concerned that
she will not be able to sell her house after the development even though they updated the
media room in the basement and feels the Council should vote against the development.
David Webb, 5410 Wayzata Boulevard, reviewed the letter that was submitted to the
Council, feels there is a lack of mixed use in the proposed development, doesn't feel the
development meets the proposed zoning code and interpretation, feels there are height
district violations, and impervious surface code violations; feels that he should be offered
reconveyance of the condemned property as his father owned the property at the time it
was condemned, feels that the site should be developed as an 11 acre site and not
developed piece by piece and requested the Council not approve the development.
Gina Cesaretti, 5020 Circle Down, expressed concern over the safety of the children in the
neighborhood because of the increase in traffic, feels there are better access points to the
site and the neighborhood wiil be destroyed, the developer should continue discussion with
Webb in order to make some agreements for better access to the area; would like to make
sure the city enforces the permit parking ordinance, the development does not fit the mixed
use zoning district, suggested moving the development closer to 394, the homes will be
overshadowed by the development, lack of retail or coffee shops with this development
and feels it does not serve the neighborhood; would like to see smaller development on the
site; expressed concern over neighborhood noise, wanted to know if pilings will be done,
concerned for damage to homes and property values in the neighborhood.
Regular Meeting of the City Council
December 18, 2012
Page 11
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments -
Global One Golden Vallev, LLC., Applicants - Continued
Shelley Maasch, 5011 Circle Down, showed a picture of what her house will look like with
the development behind it; suggested flipping the development so it would have less of an
impact on the homeowners, does not feel it is safe to have 500 households going in and
out of one exit; stated they have been cut off from their homes in the past when the swat
team was called and they could not get to their homes; asked about the use of pilings;
feels at some point the homes in the neighborhood will be damaged because of the
development; had questions about a proposed fence in the area; feels it is wrong for the
developer to put up a parking lot behind the homes and feels it is not good planning.
Jane Gjerstad, 5420 Circle Down, stated she lives on the corner and her house is about
twa car lengths away from where everyone is turning in and out of the development; she
already has a hard time getting in and out of her driveway and this development will make
it worse; wanted to know where the construction traffic will be going; stated the
neighborhood went through the sanitary sewer repair last year and now they have to go
through this new development.
Scot Arnseth, 5101 Circle Down, stated they had already started a project to install solar
panels on their house and adding a sun room but with the development it won't pay to
install the solar panels, expressed concern over lack of sunlight to their home and negative
impact on their foundation; wanted to know if the developer will insure the homes for
damages; concerned for the increase in traffic and safety of the children.
Doug Wageman, 5400 Circie Down, stated he lives next to a group home for autistic
children and is concerned for their safety, feels the City needs to work with the developer
and Webb to get better access to the development.
John Sonsalla, 5301 Circle Down, feels that traffic is a huge concern, stated that if there
was an office development the traffic will be generated during the day and not much on
evenings and weekends but with apartments it will be generated on the weekends and
evenings; concerned about the noise, already hears noise at 2-3 am when people come
home from the bars at night, feels this will be even more noise; asked if the developer will
provide homes with new windows to lessen the sound; concerned about general privacy as
people can look down from their six-story apartments and look into their yards; wanted to
know if the city is an "urban" or "suburban" community; moved into the neighborhood
because it was quiet; concerned over people walking in the area because there are no
sidewalks on Circle Down; concerned the renters won't respect homeowner's property and
there may be more litter in the area; concerned over property values, construction damage;
suggested the Council vote no or reduce the size of the development.
Regular Meeting of the City Council
December 18, 2012
Page 12
Public Hearinq - Preliminarv Qesiqn Plan Approval - PUD #112 - The 3.9.4 A�artments -
Global One Golden Vallev, LLC., Applicants - Continued
Laura Itman, 5300 Circle Down, feels it is dangerous to have that many people going down
the street; wanted to know what happens when traffic backs up or there is an emergency;
could see this development on Winnetka or Golden Valley Road but not in their area; feels
the project is too big and suggested a three level building instead of six.
Jeff Vaala, 5320 Circle Down, stated he is concerned about the funneling of all the traffic
down the cul-de-sac.
Tom Owens, attorney for Dave Webb, requested the Council address the zoning and
subdistrict boundaries.
The Mayor closed the public hearing.
MOVED by Freiberg, seconded by Harris and motion carried to approve the Preliminary
Plan for The 3.9.4 Apartments, PUD No. 112, subject to the following conditions:
1. The plans prepared by Tushie Montgomery Architects dated September 21, 2012 and
December 7, 2012 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
October 1, 2012, shall become part of this approval.
3. The recommendations and requirements outlined in the memo from City Engineer Jeff
Oliver to Mark Grimes, Director of Planning and Development, dated October 30, 2012,
shall become a part of this approval.
4. The City Attorney shall determine if a park dedication fee is required for this project
prior to Final PUD approval.
5. All signs on the property shall meet the requirements of the City's Sign Code.
6. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
7. Snow removal must be addressed to the satisfaction of the Council prior to
consideration of the final plan.
In addition the Council makes the following findings pursuant to City Code Section 11.55,
Subd. 5(E):
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.
Regular Meeting of the City Gouncil
December 18, 2012
Page 13
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments -
Global One Golden Vallev, LLC., Applicants - Continued
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.
Council Member Scanlon voted no. Council Member Pentel was absent.
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #53 - Amendment#4 - The
Colonnade Apartments - Trammell Crow Company, Applicant
Grady Hamilton, Trammell Crow Company, applicant, review the plan and answered
questions from the Council. Trace Jacques and Aaron Roseth, ESG Architects, 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. Mark Grimes, Director of Planning and Development, and Jeannine Clancy
answered questions from the Council.
The Mayor Pro Tem opened the meeting far public input and persons present to do so
were afforded the opportunity to express their views thereon. Hearing and seeing no one,
the Mayor Pro Tem closed the public hearing.
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the
Preliminary Plan for The Colonnade Apartments, PUD No. 53, Amendment 4 subject to the
following conditions:
1. The plans prepared by ESG Architects, dated October 25, 2012, and the revised plans
dated December 7, 2012, 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 November 7,
2012, shall become part of this approval.
3. The recommendations and requirements outlined in the memo from City Engineer Jeff
Oliver to Mark Grimes, Director of Planning and Development, dated November 20, 2012,
shall become a part of this approval.
Regular Meeting of the City Council
December 18, 2012
Page 14
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #53 - Amendment#4 - The
Colonnade Apartments - Trammell Crow Companv, Applicant - Continued
4. The applicant shall consider options for additional parking prior to Final PUD Plan
approval. Additional parking options could include cross-parking agreements with
adjacent property owners.
5. The Applicant shall determine if additional stormwater storage is needed for the site.
6. The Developer shall consider ways to better incorporate the northwest corner of the site
into the surrounding area. This could include creating improved pedestrian amenities that
would support a transit stop.
7. Building material and design, as well as landscaping will be reviewed during the Final
PUD Plan approval process.
8. The Applicant shall provide clarification regarding the access at the double parking
entrance including pedestrian striping.
9. A Zoning Code comparison of this project and the I-394 Mixed Use Zoning District shall
be completed.
10.The City Attorney shall determine if a park dedication fee is required for this project prior
to Final PUD approval.
11.A11 signs on the property shall meet the requirements of the City's Sign Code.
12.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. 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.
Council Member Pentel was absent.
Regular Meeting of the City Council
December 18, 2012
Page 15
Public Hearinq - Ordinance #492 - First Consideration - GenterPoint Franchise Fee
Ordinance
The following ordinance was MOVED by Scanlon, seconded by Clausen:
ORDINANCE NO. 492, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Gas Franchise Ordinance No. 279
City of Golden Valley, Hennepin County, Minnesota
IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY
MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY
SERVICE WITHIN THE CITY OF GOLDEN VALLEY, MINNESOTA
Jeannine Clancy introduced the agenda item and answered questions from the Council.
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 Scanlon, seconded by Clausen and motian carried unanimously to adopt
Ordinance #492, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS — YES
PENTEL -ABSENT SCANLON - YES
Public Hearinq - Ordinance #493 - First Consideration -Amended Xcel Enerqv
Franchise Fee Ordinance
The following ordinance was MOVED by Clausen, seconded by Freiberg:
ORDINANCE NO. 493, 2ND SERIES
ELECTRIC FRANCHISE ORDINANCE
CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING ORDINANCE NO. 394, 2ND SERIES BY AMENDING AND
RESTATING ORDINANCE NO. 447, 2ND SERIES AND ORDINANCE NO. 456, 2ND
SERIES RELATING TO THE FRANCHISE FEE ASSOCIATED WITH THE GRANT TO
NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN IN THE CITY OF GOLDEN VALLEY, MINNESOTA,
AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING
NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE
FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND
OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY
FOR SUCH PURPOSES
Regular Meeting of the City Council
December 18, 2012
Page 16
Public Hearinq - Ordinance #493 - First Consideration - Amended Xcel Enerqv
Franchise Fee Ordinance - Continued
Jeannine Clancy introduced the agenda item and answered questions from the Council.
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 Clausen, seconded by Freiberg and motion carried unanimously to adopt
Ordinance #493, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES
PENTEL - ABSENT SCANLON - YES
Authorization to Siqn Revised Resolution of Support of the Bottineau Transitwav
Locallv Preferred Alternative (LPA
Mayor Harris introduced the agenda item.
Member Freiberg introduced the following resolution and moved its adoption as amended:
7. Pursue funding opportunities for improvements to homes, or, possible acquisition of
homes adjacent to the corridor for the purpose of mitigating negative impacts, and
10. Seek ways to ensure that traffic impacts and width impacts to Golden Valley Road are
minimal.
RESOLUTION 12- 104
RESOLUTION OF SUPPORT OF THE BOTTINEAU TRANSITWAY
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 and Harris; and the following voted against the same: Pentel and Scanlon,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Announcements of Meetinqs
A Bassett Creek Watershed Management Commission meeting will be held on December
20, 2012 at 11:30 am.
The City Offices are closed on Monday, December 24 and Tuesday, December 25, 2012 in
observance of Christmas.
Regular Meeting of the City Council
December 18, 2012
Page 17
Announcements of Meetinqs - Continued
The City Offices are closed on Monday, January 1, 2013 in observance of New Year's.
The next City Council meeting will be held on Wednesday, January 2, 2013 at 6:30 pm.
Some Council Members may attend the Golden Valley/New Hope Open To Business
nefinrorking and resource-sharing meeting on January 3, 2013 at 8 am.
Mavor and Council Communications
Mayor Harris stated that Senator Kobuchar is interested in conducting a forum regarding
Senior ID Theft issues on December 26, 2012 at the Brookview Community Center. This
forum has not been confirmed and may change.
Acceptance of Letter of Resiqnation from Citv Council from Mike Freiberg
Mayor Harris introduced the agenda item.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to accept
Council Member Freiberg's resignation letter dated December 4, 2012.
Declaration of Council Vacancv
Mayor Harris introduced the agenda item.
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 12-105
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
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 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.
Announcement of Appointment for Council VacancY
Mayor Harris announced that the City Council will be appointing Steve Schmidgall at the
January 2, 2013 meeting to fill the Council vacancy until November 6, 2013.
Regular Meeting of the City Council
December 18, 2012
Page 18
Adiournment
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the
meeting at 12:14 am.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant