09-03-13 CC Minutes Regular Meeting
of the
City Councii
September 3, 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 September 3, 2013 at 6:30 pm.
The following members were present: Clausen, Harris, Pentel and Schmidgall; and the
following was absent: Scanlon. Aiso present were: Chantell Knauss, Assistant City
Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and
Judy Nalfy, Administrative Assistant.
Pledqe of Alleqiance
The Pledge of Allegiance was recited.
Presentation of Donation from Covenant Villaqe - Golden Vallev Crime Prevention
Fund Board
Stacy Carlson, Police Chief, introduced the agenda item and answered questions from the
Council.
Craig McDaniels representing Covent Village presented a check for $1,017 to the Golden
Valley Crime Prevention Fund Board Member for a bait car
Nancy Azzam, Golden Valley Crime Prevention Fund Board, thanked Covenant Village for
their donation and reviewed the activities of the Crime Prevention Fund.
Council Member Schmidgall gave a brief background about the history and diversity in his
family history.
Approval of Aqenda
MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the
agenda of September 3, 2013 as submitted.
A�proval of Consent Aqenda
MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the
agenda of September 3, 2013 as amended: Letter of Resignation from David Hanson from
Bassett Creek Watershed Management Commission, Authorization to Sign Agreement with
Wright Hennepin for City Hall Campus LED Retrofit, Receipt of Human Rights Commission
Resolution Recommending the City Council Publicly Proclaim that Golden Valley is a
Welcoming City for all People and Acknowledging the Minnesota Marriage Equality Act of
2013 and Adopting Revised Guidelines for Advisory Commissions, Committees, Boards
and Councils.
Regular Meeting of the City Council
September 9, 2013
Page 2
*Approval of Minutes - City Council Meetinq - June 18, 2013
MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the
City Council Meeting minutes of June 18, 2013 as submitted.
*Approval of Check Reqister
MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the
payment of the City as submitted.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Clausen and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - July 23, 2013
*Sumu Manhole Retrofits/SAFL Baffle - Quotes
MOVED by Pentel, seconded by Clausen and motion carried unanimously to refit the sump
manholes from the lowest responsible bidder, Metro Utilities, Inc. for $56,225.00. The bids
were as follows:
Metro Utilities, Inc. $56,225.00
Penn Contracting, Inc. $74,481.00
Letter of Resiqnation from David Hanson from Bassett Creek Watershed
Manaqement Commission
Council Member Pentel highlighted David Hanson's service on the Commission and
suggested the Council recognize him at the City Council Meeting of December 3, 2013.
Jeannine Clancy answered questions from the Council.
MOVED by Pentel, seconded by Clausen and motion carried unanimously to receive and
file the letter from David Hanson, dated August 16, 2013, regarding resignation from the
Bassett Creek Watershed Management Commission effective December 15, 2013 and
invite him to attend the December 3, 2013 City Council Meeting.
Authorization to Siqn Aqreement with Wriqht Hennepin for Citv Hall Campus LED
Retrofit
Mayor Harris requested staff to provide an overview of the project. Jeannine Clancy and
Mark Ray, Street Supervisor, answered questions from the Council and reviewed the
project.
Regular Meeting of the City Council
September 9, 2013
Page 3
Authorization to Siqn Aqreement with Wriqht Hennepin for Citv Hall Campus LED
Retrofit - Continued
MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the
City Manager to sign the agreement with Wright Hennepin Cooperative Electrical
Association for Golden Valley Campus LED lighting project for an amount not to exceed
$200,000.
Authorization to Siqn the Amended Aqreement with Breck School for Community
Service Officer
MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the
Mayor, City Manager and Police Chief to sign the amended Community Service Officer
Agreement with Breck School for 2013-2014.
Receipt of Human Riqhts Commission Resolution Recommendinq the Citv Council
Publiclv Proclaim that Golden Vallev is a Welcominq Citv for all People and
Acknowledqinq the Minnesota Marriaqe Equalitv Act of 2013
Mayor Harris read the Resolution and congratulated the Human Rights Commission and
staff on its adoption. Chantell Knauss encouraged residents to volunteer for the September
11 Day of Service event.
MOVED by Pentel, seconded by Clausen and motion carried unanimously to receive and
file Human Rights Commission Resolution 13-01, Resolution Recommending the City
Council Publicly Proclaim that Golden Valley is a Welcoming City for all People and
Acknowledging the Minnesota Marriage Equality Act of 2013.
Adoptinq Revised Guidelines for Advisorv Commissions, Committees, Boards and
Councils
Council Member Clausen had questions regarding the reference to changing the Chairs of
the various boards and commission on a yearly basis.
MOVED by Schmidgall, seconded by Pentel and motion carried to adopt the revised
Guidelines for Advisory Commissions, Committees, Boards and Councils. Council Member
Clausen voted no.
The Board/Commissions will be notified about the changes from their staff liaisons and the
changes will be effective at the next elections in 2014.
Regular Meeting of the City Council
September 9, 2013
Page 4
*Board/Commission Appointments
MOVED by Pentel, seconded by Clausen and motion carried unanimously to make the
following appointments:
Human Services Fund
Craig McDaniels 3 year term term expires - May 1, 2016
Andy Wold 3 year term term expires - May 1, 2016
*Approval of Plat and Authorization to Siqn Subdivision Development Aqreement -
E.A. Anderson's Addition Second Addition
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-77
RESOLUTION FOR APPROVAL OF PLAT
E.A. ANDERSON'S ADDITION SECOND ADDITION
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 Schmidgall; and the following was absent: 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.
MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the
Mayor and City Manager to sign the Subdivision Development Agreement for E.A.
Anderson's Addition Second Addition.
*Appointinq Absentee Ballot Board Election Judqes for Citv Election
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-78
RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES
FOR THE NOVEMBER 5, 2013 CITY ELECTION
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 Schmidgall; and the following was absent: 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
September 9, 2013
Page 5
*Call for Public Hearinq - Certification of Special Assessments - 10/1/13
MOVED by Pentel, seconded by Glausen and motion carried unanimously to call for a
public hearing for certification of special assessments for Tuesday, October 1, 2013.
Public Hearinq - Multifamilv Housinq Revenue Note and Adoption of Housinq
Proqram - Hammer Residences, Inc. Proiect
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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-79
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE
OF A MULTIFAMILY HOUSING REVENUE NOTE
UNDER MINNESOTA STATUTES, CHAPTER 462C AND APPROVAL OF
A JOINT POWERS AGREEMENT AND HOUSING PROGRAM
(HAMMER RESIDENCES, INC. PROJECT)
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 Schmidgall; and the following was absent: 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 - Residential Street Liqhts RSL 237 - Noble Drive, Maior Drive and
Heathbrooke Circle
Mark Ray, Street Supervisor, introduced the agenda item and answered questions from the
Council. Jeannine Clancy answered questions from the Council.
Anna Silverman, 1825 Major Drive, applicant, stated she circulated the petition because
she feels it is a safety issue for the neighborhood as people walk at night and feels it is
dark on that section of the street; stated she spoke to the property owners who would be
most affected by the streetlight (1805 Major Drive and 1800 Noble Drive) and they were in
favor of the light.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Regular Meeting of the City Council
September 9, 2013
Page 6
Public Hearinq - Residential Street Liqhts RSL 237 - Noble Drive, Maior Drive and
Heathbrooke Circle - Continued
Bernie Milstein, 1835 Noble Drive, stated he walks in the neighborhood and feels he has
never had a problem, stated that most of the people in the district do not have a problem,
doesn't feel the light is needed, wanted to know how many people signed in favor of the
petition; stated that the property where the light is going to be installed is going to be split
into three lots who will be directly impacted by the light and would like to Council to table
the discussion until the property is split.
Roger Bergman, 4525 Heathbrook Circle, wants to know why people who live on
Heathbrook Circle are even included in the district, stated the proposed light is 1,000 feet
away from Heathbrook Circle and feels they should not be involved as they cannot see it
and get no benefit from it as it is behind trees and houses ;stated some neighbors said
some of the tree could be trimmed and the lighting would be better and feels the street
west of Noble Drive will get more benefit from the new light than those on Heathbrook
Circle.
The Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-80
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 237
NOBLE DRIVE, MAJOR DRIVE AND HEATHBROOKE CIRCLE
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: none, and the
following was absent: Scanlon; and the following voted against the same: Clausen, Harris,
Pentel and Schmidgall, whereupon said resolution was declared duly denied.
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #79 - Amendment#4 -
Room & Board, Inc., Applicant
Joe Hogeboom, City Planner, 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.
Regular Meeting of the City Council
September 9, 2013
Page 7
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #79 -Amendment#4 -
Room & Board, Inc., Applicant - Continued
Stewart Rubin, President, States Manufacturing, 650 Ottawa Avenue North, expressed
concern over water run-off and traffic, stated when parking lot was enlarged began to
encounter problems during heavy rains and part of the earth on the hill slide down and
flaoded the a portion of their building; stated the hill that was corrected to some extent but
they still have problems in heavy rains; at the north end of the building is a holding pond
and he believes that during heavy rains it is overwhelmed and has flooded their paint shop;
they are proposing to remove 6,000 feet of soft surfaces and replacing it with impervious
surfaces which we feel will exacerbate the problem; before the plan is approved wants a
high level of confidence that this issue can be resolved; concern about traffic with the
increase of employees; would like to see traffic issue studied so there is no issue of fraffic
problems at 4:30 pm when employees are leaving.
Daryl Fortier, Architect for Room and Board; stated they are aware of the landslide issue
and undertook the construction of a small dyke and restored the property; believes the
water issue going down the hillside has been resolved; they are not proposing to alter that
portion of the land, stated it is heavily vegetated and doesn't' have any eroded or exposed
soils, stated the majority of the hill is on States Electric property and they would be willing
to work with States Electric to resolve issues; stated 100% of impervious surface being
added is headed south on to the frontage road, into a pond and will run into a storm sewer
in the street; none will be heading towards States Electric, Room and Board will do pond
maintenance on the property and investigate it if is working properly.
Dan Shelbetter, co-owner of States Electric, existing parking lot at Room and Board is
currently drained by one drain and the retaining wall that was constructed is not designed
to hold back water as it is a cinder block wall with spacing between the blocks and doesn't
expect that to hold as a levy or dam; if they plow snow to west side of lot they get some
snow melting; concerned about the erosion on the hill; stated that during the landslide soil
6-8 feet high along the back wall of the building and they evacuated the employees and
were worried the wall was going to come down; and asked they States Electric would be
assessed.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the
Preliminary Plan for Room & Board, Inc., PUD No. 79, Amendment 4, subject to the
following conditions:
1. The plans submitted with the application shall become a part af this approval.
2. The recommendations and requirements outlined in the memo from Deputy Fire Chief
John Crelly to Mark Grimes, Community Development Director dated July 26, 2013,
shall become part of this approval.
Regular Meeting of the City Council
September 9, 2013
Page $
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #79 -Amendment#4 -
Room & Board, Inc., Applicant - Continued
3. The recommendations and requirements outlined in the memo from City Engineer Jeff
Oliver to Mark Grimes, Community Development Director dated August 7, 2013, shall
become part of this approval.
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.
6. Staff will conduct a mini traffic evaluation of the site prior to general plan approval.
7. Review where snow storage will be allowed with no snow storage on the west side of
the site.
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.
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #90 -Amendment#3 -
Meadowbrook School - Hopkins Public Schools, ISD #720, Applicant
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Jeannine Clancy answered questions from the Council.
Patrick Poquette, Hopkins School District, Neal Tesa, Civil Engineer and Dan bush,
Honeywell reviewed the plan 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
September 9, 2013
Page 9
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #90 - Amendment#3 -
Meadowbrook School - Hopkins Public Schools, ISD #720, Applicant— Continued
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the Preliminary Plan for Meadowbrook Elementary School PUD No. 90, Amendment No. 3,
subject to the following conditions:
1. The plans prepared by SGN/Wendel, dated July 24, 2013, submitted with the
application shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from Deputy Fire Chief
John Crelly to Mark Grimes, Community Development Director dated August 5, 2013,
shall become part of this approval.
3. The recommendations and requirements outlined in the memo from City Engineer Jeff
Oliver to Mark Grimes, Community Development Director, dated August 7, 2013, shall
become a part of this approval.
4. The City Attorney shall determine if a park dedication fee is required for the project prior
to Final PUD approval.
5. All signs on the property shall meet the requirements of the City's Sign Code.
6. The Applicant shall submit a Traffic Management Plan as a component of the Final
PUD Plan approval.
7. 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
Iand.
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.
Regular Meeting of the City Council
September 9, 2013
Page 10
Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 -
The 3.9.4 Apartments - Global One Golden Vallev, LLC, Applicant
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council.
MOVED by Pentel, seconded by Clausen 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
17, 2013 City Council Meeting.
Continued 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 Auartments)
Jeannine Clancy introduced the agenda item.
MOVED by Schmidgall, 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
17, 2013 City Council Meeting.
Adoptinq Proposed 2014 Budqet and Tax Levies Pavable in 2014
Sue Vining, Finance Director, presented a PowerPoint regarding the item.
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 Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-81
RESOLUTION ADOPTING A PROPOSED 2014 BUDGET
AND PROPOSED TAX LEVIES PAYABLE IN 2014
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 Schmidgall; and the following was absent: Scanlon; and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adapted, signed by the Mayor and his signature attested by the City Clerk.
Regular Meeting of the City Council
September 9, 2Q13
Page 11
Set Date for Hearinq - 2014-2015 Budqet and 2014 Propertv Tax Levv - 12/3/13
Sue Virnig, Finance Director, introduced the agenda item.
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to set the
date of the Truth-in-Taxation public hearing for Tuesday, December 3, 2013 at 7 pm.
Announcements of Meetinqs
A Bridge Builder Quarterly Meeting will be held on September 7, 2013 at 10 am at the
Courage Kenney.
The next Council/Manager Meeting will be held on September 10, 2013 at 6:30 pm.
The Human Rights Commission National Day of Service and Remembrance Community
Volunteer Event will be held on September 11, 2013 from 6 to 8 pm at Second Harvest
Hartland, 6325 Sandburg Road, Suite 1700.
Some Cauncil Members may attend the Golden Valley Historical Society Meeting on
September 12, 2013 at 7 pm at the Golden Valley Historical Society.
Some Council Members may attend the Bottineau Update on September 16, 2013 at
1:30 pm at the North Hennepin Community College Computer Technology Business
Building, Room 195, Grand Hall Side A.
The next City Council Meeting will be held on September 17, 2013 at 6:30 pm.
Mavor and Council Communication
Mayor Harris will talk to the City Manager to find out about the possibility of holding a
Neighborhood Meeting with residents of the Douglas Drive Apartments.
The Arcata Groundbreaking Ceremony Groundbreaking will be held on September 25,
2013 in the afternoon.
A Neighborhood Watch meeting will be held on September 16, 2013 at 7 pm in the Police
Department.
Some Council Members may attend the Council at the Breck Upper School Dedication on
September 21, 2013 at 9:30 am at Breck School.
Regular Meeting of the City Council
September 9, 2013
Page 12
Adiournment
MOVED by Clausen, seconded by Pentel and motion carried unanimously to adjourn the
meeting at 9:05 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant