08-20-13 CC Minutes Regular Meeting
of the
City Council
August 20, 2013
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 August 20, 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
Mayor Harris requested that Marion Helland lead the Council in reciting the Pledge of
Allegiance. Mayor Harris presented Marion Helland a Certificate of Recognition for her
efforts on the 50th Anniversary of the Civil Rights Movement.
Decision Resources, LTD. Presentation of 2013 Residential Survev
Bill Morris, Decision Resources LTD presented the residential survey results and
answered questions from the Council. Thomas Burt answered questions from the Council.
MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and
file Decisian Resources, LTD. City of Golden Valley Residential Survey - FINAL JULY
2013.
Staff will email the presentation and the detailed analysis to the Council.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of August 20, 2013 as amended: Addition of Findings of Fact and Issuing a
Statement of Public Purpose far MnDOT Lot 18, Block 2 of Spring Green South and
Bottineau Update.
Approval of Consent Aqenda
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve
the agenda of August 20, 2013 as amended: Removal of Human Rights Commission
Minutes- June 25, 2013 and Golf Carts - Quotes.
*Approval of Minutes - Citv Council Meetinq -June 4, 2013 and Council/Manaaer
Meetinq - June 11, 2013
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve
the City Council Meeting minutes of June 4, 2013 and Council/Manager Meeting minutes of
June 11, 2013 as submitted.
Regular Meeting of the City Council
August 20, 2013
Page 2
*Approval of Check Reqister
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize
the payment of the City and Housing and Redevelopment Authority as submitted.
*Solicitor's License - NARAL Pro-Choice Minnesota
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve
the solicitor's license for NARAL Pro-Choice Minnesota.
*Minutes of Boards and Commissions
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive
and file the minutes as follows:
Planning Commission - July 8, 2013
Open Space and Recreation Commission - April 23, 2013
Minutes of Board and Commissions: Human Riqhts Commission -June 25, 2013
Council Member Pentel stated the Council was informed about some of the Commission
ideas but noted that she had not heard about the Martin Luther King Day of Action and
feels that would be a great project for the Commission to explore.
MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the
Human Rights Commission minutes for June 25, 2013.
Golf Carts - Quotes
Council Member Clausen had questions about the theft of the golf carts. Thomas Burt
answered questions from the Council.
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize
the purchase of eight carts, from the lowest responsible bidder, Yamaha Golf & Utility for
$35,456.88. The quotes were as follows:
Yamaha Golf & Utility $35,456.88
Ultimate Golf Carts $37,392.50
Regular Meeting of the City Council
August 20, 2013
Page 3
*Approval of Full Extension for Filinq of Plat and Submittinq Final PUD Plan
A�plication - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and
Highwav 100 - Duke Realtv, Applicant
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve
full extension for filing of final plat and submitting Final PUD Plan Application for The
Towers at West End PUD No. 107 to December 14, 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 of TH 100, to occur at the time building permits are applied for by Duke.
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 MGES 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.
Authorization to Send Letter Three Rivers Park District Board of Directors
Council Member Pentel requested some amendments be made to the letter to
Commissioner Freeman. The Council discussed and made changes to the letter. Jeannine
Clancy answered questions from the Council.
MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to authorize
the Mayor to sign the amended letter to the Three Rivers Park District Commissioner
Freeman to support cooperative programming and planning at Mary Hills and Rice Lake
Nature Areas.
Continued Public Hearinq - Precious Metal Dealer License Renewal - Jewelrv
Manufacturer's Exchanqe, Inc.
Stacy Carlson, Police Chief, presented the staff report and answered questions from the
Council. Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
August 20, 2013
Page 4
Continued Public Hearinq - Precious Metal Dealer License Renewal -Jewelrv
Manufacturer's Exchanqe, Inc. - Continued
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.
Cathy Przybylski, Manager, Jewelry Manufacturer's Exchange, Inc., stated they will be able
to monitor the sales in the future and apologized for the delay in getting the system
installed in their location and reviewed the problems they encountered.
MOVED by Clausen, seconded by Pentel and motion carried unanimously to approve the
automatic renewal of the precious metal dealer license for Jewelry Manufacturers
Exchange, Inc. (JME) through June 30, 2014 if City Code requirements for sales
transactions are met during the period of August 21, 2013 through November 21, 2013.
Upon a roll call vote, the vote was as follows:
CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES
Public Hearinq - Ordinance #505 - Rezoninq from Sinqle Familv Residential (R-1)
to Moderate Densitv Residential (R-2) Zoninq District - 7901 23rd Avenue North -
D.J. Chawla, Applicant
The following ordinance was MOVED by Pentel, seconded by Scanlon:
ORDINANCE NO. 505, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Single Family Residential Zoning District (R-1) to
Moderate Density Residential Zoning District (R-2)
7901 23rd Avenue North
D.J. Chawla, Applicant
Joe Hogeboom, City Planner, presented the staff report for the rezoning and preliminary
plat and answered questions from the Council.
D.J. Chawa, Applicant; and Dave Gardner, Builder, reviewed the rezoning and plat 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.
MOVEQ by Pentel, seconded by Scanlon and motion carried unanimously to adopt
Ordinance #505, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES
Regular Meeting of the City Council
August 20, 2013
Page 5
Public Hearinq - Preliminarv Plat Approval - Chawla Estate - 7901 23rd Avenue North -
Sohan and Swarn Sinqh, Applicants
Joe Hogeboom, City Planner, presented the staff report for the preliminary plat at the
hearing held prior to agenda item above.
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 Clausen and motion carried unanimously to approve the
Preliminary Plat for Chawla Estate, 7901 23rd Avenue North 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 $180 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated July 15, 2013 shall become part of this approval.
4. A Subdivision Development 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.
Further, the City Council approves a waiver from Section 12.20, Subdivision 5(A) of City Code,
finding that;
1. The proposed lots measure 97.1 feet in width along the north front setback line.
2. Section 12.20, Subdivision 5(A) of City Gode requires that lots in the R-2 Zoning District
measure at least 100 feet in length on street abutting sides.
3. Hennepin County intends to acquire right-of-way for future needs along CSAH 156, thus
eliminating the ability for this site to achieve that requirement along the north front
setback line (23rd Avenue North).
Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 -
The 3.9.4. Apartments - Global One Golden Vallev, LLC, Applicant
Mayor Harris stated this item is continued to the September 3, 2013 City Council Meeting.
MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to continue
the public hearing for consideration of Ordinance #503, Final Design Plan Approval, PUD
#112, The 3.9.4. Apartments, Global One Golden Valley, LLC, Applicant to the September
3, 2012 City Council Meeting.
Regular Meeting of the City Council
August 20, 2013
Page 6
Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of
Sprinq Green South and Reqistered Land Survev No. 106 (The Three.Nine.Four.
Apartments)
Mayor Harris stated this item is continued to the September 3, 2013 City Council Meeting.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to continue
the public hearing for consideration of the easement vacations for the Spring Green South
and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the September
3, 2013 City Council Meeting.
Public Hearinq - Ordinance #506 -Addition of New Section 11.75: Solar EnerqY
Svstems
The following ordinance was MOVED by Schmidgall, seconded by Scanlon:
ORDINANCE NO. 506, 2ND SERI�S
AN ORDINANCE AMENDING THE GITY CODE
Adding a New Section 11.75: Solar Energy Systems
Brett Angel, Planning Intern, presented the staff report 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.
Andy Snope, 1320 Unity Avenue North, stated he felt that staff did a good job with the
amendments made at Planning Commission meeting; felt the first ordinance was too strict
and feels the future is going toward more solar energy; stated an electrical contractor who
is licensed to install solar systems is required along with an inspection.
The Mayor closed the public hearing.
MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to adopt
Ordinance #506, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES
Regular Meeting of the City Council
August 20, 2013
Page 7
Second Consideration - Ordinance #504 -Amendinq Section 10.23 Reqardinq
Recreation Fires
The following ordinance was MOVED by Scanlon, seconded by Clausen:
ORDINANCE NO. 504, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.23 Regarding Recreational Fires
Joe Hogeboom, City Planner, presented the staff report and answered questions from the
Council. Thomas Burt, Mark Kuhnly, Fire Chief and Allen Barnard answered questions from
the Council.
Bring back to future City Council or Council/Manager Meeting to clarify the definition of
Approved Outdoor Fireplace and Recreational Fire, and distance from building and
property lines where a fire is permitted.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to continue
consideration of Ordinance #504 to the September 17, 2013 City Council meeting or an
entirely new Ordinance to a future Council/Manager meeting depending on how staff wants
to proceed.
Bottineau Update
Joe Hogeboom, City Planner, updated the Council on the Bottineau LRT Station Planning
Community Meeting which was held on August 15, 2013.
Announcements of Meetinqs
A Special Council/Manager Meeting will be held on August 27, 2013 at 6:30 pm.
A Community Blood Drive will be held on August 28, 2013 from noon to 5 pm in the City
Hall campus parking lot.
The City Offices will be closed on September 2, 2013 in observance of Labor Day.
The next City Council Meeting will be held on September 3, 2013 at 6:30 pm.
A Hennepin County Bottineau meeting will be held on September 16, 2013 at North
Hennepin Community College at 1:30 pm.
Mayor and Council Communication
Mayor Harris suggested an article regarding solar energy be included in a future city
newsletter.
Regular Meeting of the City Council
August 20, 2013
Page 8
Mavor and Council Communication - Continued
The Council also discussed the placement of garbage and recycling containers. Staff will
enforce, communicate and educate residents on the current regulations regarding the
placement as the Council determined the current City Code was sufficient. Staff will review
the code to determine in order to determine if there are ways in whieh staff can work with
residents who have issues regarding the placement of their cans due to the configuration
of their property. Staff will bring back the ordinance at some time in the future to clarify
exceptions and how to work with the property owners who have that situation.
Allianz is having a Yellow Ribbon Celebration on August 22, 2013 at 3 pm.
Tech Dump is having a ribbon cutting ceremony on August 27, 2013 at 2 pm.
A Swearing in Ceremony will be held for police officers who have been promoted on
August 22, 2013 at 6 pm.
Findinqs of Fact and Issuinq a Statement of Public Purpose for MnDOT Lot 18, Block
2 of Sprinq Green South
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Thomas Burt answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING FINDINGS OF FACT AND ISSUING
A STATEMENT OF PUBLIC PURPOSE FOR MNDOT LOT 18, BLOCK 2
SPRING GREEN SOUTH
(NORTHWEST CORNER I-394 AND TH 100)
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.
Adiournment
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the
meeting at 9:20 pm.
Shepard M. Harris, Mayor
Regular Meeting of the City Council
August 20, 2013
Page 9
ATTEST:
Judy Nally, Administrative Assistant