06-04-13 CC Minutes Regular Meeting
of the
Gity Council
June 4, 2013
Pursuant to due call and notice thereof, a regufar meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 780Q Golden Valley Road in said
City on June 4, 2013 at 6:30 pm.
The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall;
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pledqe of Alleqiance
The Pledge of Allegiance was recited.
Board/Commission Oath of Office and Presentation of Certificate of Appointment
Mayor Harris administered the oath of office and presented a Certificate of Appointment,
mug and city pin to: Payton Perkins, Christopher Jordan, Ethan Meirovitz, Jonathan Burris,
Carla Johnson, Andy Snope, Human Rights Commission; and Tonia Galonska,
Environmental Commission; Adam Buttress and Debra Reiser, Human Rights Commission
and Dawn Speltz, Open Space and Recreation Commission were unable ta attend.
Presentation of Certificate of Recoqnition -Arbor Dav Poster Contest Winners
Mayor Harris presented the winners of the Arbor Day Poster Contest from the School of
Engineering and Arts with a Certificate of Recognition.
Receipt of Communitv Partnership Grant from CenterPoint Energy
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item.
Trey Kuchar, CenterPoint Energy, presented the City with a $1,000 Community Partnership
Grant.
The Council thanked CenterPoint Energy for their grant.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-47
RESOLUTION ACCEPTING DONATION FROM
CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the foltowing voted in favor thereof; Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Council
June 4, 2013
Page 2
Approval of Aqenda
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
agenda of June 4, as submitted.
Approval of Consent Agenda
MOVED by Schmidgall, seconded by Clausen and motion carried unanimausly to approve
the agenda of June 4, 2013 as amended: removal of Acceptance of Donation - Golden
Valley Federated Women's Club for Electronic Reader Board.
*Approval of Minutes - Citv Council Meetinq - April 3, 2013 and Council/Manaqer
Meetinq -April 9, 2013
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to apprave
the City Council Meeting minutes of April 3, 2013 and the Council/Manager Meeting minutes
of April 9, 2013 as submitted.
*Approval of Check Reqister
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize
the payment of the City as submitted.
*Solicitor's License - Twin Cities Public Television
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the solicitor's license for Twin Cities Public Television.
*Solicitor's License - J. P. Moonev Consultinq Inc. on Behalf of Centurv Link
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the solicitor's license for J P Mooney Consulting, Inc. on behalf of CenturyLink.
*Therapeutic Massaqe Facilitv License - C-Haus Services Inc. d/b/a Salon Adaqio
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the issuance of a therapeutic massage facility license to C-Haus Services Inc. d/b/a Salon
Adagio, located at 7759 Medicine Lake Road.
*Therapeutic Massaae Certificate - Enrique Juan Solano
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the issuance of a therapeutic massage certificate to Enrique Juan Solano at Massage
Envy, 7704 Olson Memorial Highway.
Regular Meeting of the City Council
June 4, 2013
Page 3
*Therapeutic Massaqe Certificate - David Jeremv Draper Steffl
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the issuance of a therapeutic massage certificate to David Jeremy Draper Steffl at
Massage Envy, 7704 Olson Memorial Highway.
*Therapeutic Massaqe Certificate - Cvnthia Lee
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the issuance of a therapeutic massage certificate to Cynthia Lee at Massage Envy, 7704
Olson Memorial Highway.
*Minutes of Boards and Commissions
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to receive
and file the minutes as follows:
Board of Zoning Appeals - April 23, 2013
Joint Water Commission - April 3, 2013
Environmental Commission - April 22, 2013
Envision Connection Project Executive Board - April 18, 2Q13
Bassett Creek Watershed Management Commission - April 18, 2013
*Authorization to Siqn Aqreement with Bassett Creek Watershed Manaqement
Commission and WSB & Associates, Inc. for Feasibilitv Studv for 2015 Bassett Creek
Restoration Pro�ect
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager to sign the Cooperative Agreement for Preparation of a
Feasibility Report for Main Stem Channel Restoration Project 2015CR with the Bassett
Creek Watershed Management Commission.
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager to sign the proposal from WSB to complete a feasibility study
in an amount not to exceed $54,100.
*Call for Public Hearinq - Easement Vacations - The Colonnade - PUD #53 -Arcata
Apartments - 6/18/13
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 13 -48
RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 18, 2013
TO CONSIDER VACATION OF PORTIONS OF A DRAINAGE AND UTILITY EASEMENT
AND WALKWAY EASEMENT IN THE PLAT OF THE COLONNADE P.U.D. NO. 53
Regular Meeting of the City Council
June 4, 2013
Page 4
*Call for Public Hearinq - Easement Vacations - The Colannade - PUD #53 - Arcata
Apartments - 6/18/13 - Continued
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, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Approval of Traffic Siqnal Upqrades at Xenia Avenue and Golden Hills Drive
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 13-49
RESOLUTION AUTHORIZING THE AGREEMENT WITH THE MINNESOTA
DEPARTMENT OF TRANSPORTATION FOR THE TRAFFIC SIGNAL UPGRADES AT
THE INTERSECTION OF XENIA AVENUE AND GOLDEN HILLS DRIVE
The motion for the adoption of the foregoing resolution was seconded by Member Clausen
and upon a vote being taken thereon, the following vated in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Acceptance of Donation - Golden Vallev Federated Women's Club for Concerts in the
Park Series
Council Member Scanlon stated that the Women's Club has been donating for coneerts in
the park for the past nine years and has donated a total of $7,300. The Council expressed
their appreciation for the donation.
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 13-50
RESOLUTION ACCEPTING DONATION FROM
GOLDEN VALLEY FEDERATED WOMEN'S CLUB
FOR CONCERTS IN THE PARK SERIES
The motion far the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Gouncil
June 4, 2013
Page 5
On-Sale, Off-Sale, Sundav Sale, Club, Wine On-Sale and Non-Intoxicatinq Malt
Liquor License Renewals
Stacy Carlson, Police Chief, presented the staff report and answered questions from the
Council.
MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the
renewal of the respective liquor licenses for the applicants listed below for the 2013-2014
license term.
On-Sa/e and Sunday Sale
D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom
GMRI, Inc. d/b/a Red Lobster
The Samurai, Inc. d/b/a Benihana
Golden Valley Country Club Inc. d/b/a Golden Valley Country Club
Webb Golden Valley LLC d/b/a Good Day Cafe
Scoreboard, Inc. d/b/a J.J.'s Clubhouse
Cliff Corporation d/b/a Doolittles
Prom Management Group, Inc. d/b/a Prom Catering
Teresa's LLC d/b/a Teresa's Mexican Restaurant
Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi
Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill
Club On-Sale and Sunday Sa/e
Chester Bird American Legion Post #523
Golden Valley VFW Post #7051
Wine On-Sale (including strong beer) and Non-Intoxicating Malt Liquor
D'Amico and Sons, Inc. d/b/a D'Amico and Sons
The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company
Off-Sale
Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits
Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel
ZAOE, LLC. d/b/a MGM Liquor Warehouse
Adelemor, Inc. d/b/a United Liquors #2
JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits
Off-Sale/On-Sale and Sunday Sale
RZMP Corporation d/b/a Schuller's Tavern
Regular Meeting of the City Council
June 4, 2013
Page 6
First Consideration - Ordinance #499 -Amendinq Section 10.32 Re,qardinq Definition
of Animals and Keepinq of Chickens
The following ordinance was MOVED by Pentel, seconded by Schmidgall:
ORDINANCE NO. 499, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens
Eric Seaburg, EIT, Engineer, presented a PowerPoint presentation and answered
questions from the Council. Stacy Carlson, Police Chief, presented a staff report and
answered questions from the Council. Allen Barnard, Jeannine Clancy and Mark Grimes,
Director of Community Development, answered questions from the Council.
MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to approve on
First Consideration, Ordinance #499, 2nd Series as amended: Subdivision 3(A)(5) and
remove "or for any other reason." Upon a roll call vote, the vote was as follows:
CLAUSEN - NO HARRIS - YES PENTEL - YES SCANLON - NQ SCHMIDGALL - YES
First Consideration - Ordinance #500 - Amendment to the 2013 Master Fee Schedule -
Chicken Coop License and Initial Investiqation
The following ordinance was MOVED by Schmidgall, seconded by Pentel:
ORDINANCE NO. 500, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Chicken Coop License and Initial Investigation
Sue Virnig, Finance Director, presented the staff report and answered questions from the
Council.
MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to approve on
First Consideration, Ordinance #500, 2nd Series. Upon a roll call vote, the vote was as
follows:
CLAUSEN - NO HARRIS - YES PENTEL - YES SCANLON - NO SCHMIDGALL - YES
Regular Meeting of the Gity Council
June 4, 2013
Page 7
Authorization to Siqn Amended PUD Permit - The Colonnade - PUD #53 -Arcata
Apartments -Amendment#5
Mark Grimes, Director of Community Development, presented the staff report and
answered questions from the Council.
Grady Hamilton, Trammell Crow, answered questions from the Council.
MOVED by Pentel, seconded by Scanton and motion carried unanimously to authorize the
Mayor and City Manager to sign the amended PUD permit for The Colonnade (Arcata)
PUD No. 53, Amendment No. 5, to allow for the construction of a 165-unit apartment
building, moved 6.76 feet to the west from what was approved in Amendment No. 4,
subject to the following conditions:
1. The plans prepared by ESG Architects, dated April 30, 2013 and submitted with the
application shall become a part of this approval.
2. This approval is subject to the terms and conditions required in the Development
Agreement for the Arcata dated April 16, 2013.
3. The development is subject to all applicable requirements of City Code Section 11.56 -
I-394 Overlay Zoning District Ordinance including, but not limited to, the following: each
time a) the traffic generated for one hour during the pm peak hour three days out of five
consecutive business days exceeds Level of Service E at more than half of the
intersections within the XeniaNernon interchange (effective after the interchange is
substantially completed and operational), or b) once the reserve capacity allocated to
the city for this interchange has been used, whichever is first, the owner shall
implement an original or revised traffic management plan. The traffic management plan
initially shall be prepared when the traffic generated for ane hour during the pm peak
hour three days out of five consecutive business days reaches Level of Service E at
more than half of the intersections of the Xenia/Vernon interchange (effective after the
interchange is substantially completed and operational). It shall be designed to reduce
the traffic generated by or from the parcel by a percentage which, in conjunction with
the other parcels in the zone, will accommodate Level of Service E at the pm peak hour
(or keep it within the city's allocable portion of the reserve capacity, if that applies),
given the pm peak hour trips assumed to be generated by the parcel based on the table
in City Code Section 11.56, Subd. 4(A)(1). The owner shall submit the traffic
management plan to the Joint Task Force which shall review and approve all traffic
management plans before they may be implemented.
4. All signs on the property must meet the requirements of the City's Sign Code.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Regular Meeting of the City Council
June 4, 2013
Page 8
Announcements of Meetinqs
A Concert in the Park featuring the Golden Valley Orchestra will be held on June 1 Q, 2013
at 7 pm at Brookview Park.
The next Council/Manager meeting will be held on June 11, 2013 at 6:30 pm.
The City Council and Board/Commission Training will be held on June 12, 2013 at
6:30 pm.
A Firefighter Recruitment Expo will be held on June 13, 2013 from 6 to 10 pm at Fire
Station #1.
A Bassett Creek Watershed Summit will be held on June 13, 2013 from 7 to 9 pm at
Plymouth City Hall.
A Concert in the Park featuring Calhoun Brass will be held on June 17, 2013 at 7 pm at
Brookview Park.
The next City Council meeting will be held on June 18, 2013 at 6:30 pm.
The Board/Commission Recognition Dinner will be held on June 20, 2013 at 6:30 pm at the
Brookview Community Center.
A Beyond the Yellow Campaign meeting will be held on June 19, 2013 at 6:30 pm at the
Crystal Community Center.
A Neighborhood Meeting will be held on June 25, 2013 at 7 pm at Covenant Village, 5800
St. Croix Avenue North.
Mavor and Council Communication
The Council discussed the Neighborhood Meeting that was held at the Oak Grove Church.
Staff was requested to notify the Council of any items neighborhoods may be interested in
or have concerns about prior to attending any future Neighborhood Meetings. The Council
will discuss the concerns the neighbors expressed regarding the pavement management
program at a future Council/Manager meeting.
Mayor Harris will ask Representative Mike Freiberg to attend an upcoming City Council
meeting to give a brief update of legislative issues pertaining to Golden Valtey.
The Council thanked all those who participated in the Memorial Day event.
The Council will discuss the Beyond the Yellow Ribbon Campaign and the availability of
Council/Manager meeting audio-recordings online at a future Council/Manager meeting.
Mayor Harris stated there is one vacancy on the Human Rights Commission.
Regular Meeting of the City Council
June 4, 2013
Page 9
Adiournment
MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to adjourn the
meeting at 8:09 pm.
�
S epard . Harris, Mayo
ATTEST:
�
J y Na , Administ tive Assistant