10-01-13 CC Minutes Regular Meeting
of the
City Council
October 1, 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 October 1, 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
Mike Berger, Envision Connection Project Board of Directors, was unable to attend.
Approval of Aqenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of October 1, 2013 as amended: Addition of Email from Sheldon Olkon, Secretary-
Treasurer, Laurel Hill West Condominiums Regarding PUD #113 - The Xenia, and
Authorization for Submittal of Application for Hennepin Youth Sports Program Grants -
Wildwood Park Play Structure.
Approval of Consent Aqenda
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
agenda of October 1, 2013 as amended: Addition of Email from Sheldon Olkon, Secretary-
Treasurer, Laurel Hill West Condominiums Regarding PUD #113 - The Xenia.
*Approval of Minutes - Citv Council Meetinq - Julv 16, 2013
MOVED by Scanfon, seconded by Clausen and motion carried unanimously to approve the
City Council Meeting minutes of July 16, 2013 as submitted.
*Approval of Check Reqister
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the payment of the City and Housing and Redevelopment Authority as submitted.
*General Business License
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize
the issuance of license as recommended by staff.
Regular Meeting of the City Council
October 1, 2013
Page 2
*Gamblinq License Application to Conduct Excluded Binqo - Ladies Auxiliarv of
Golden Vallev Veterans of Foreiqn Wars Post#7051
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the
gambling license application to conduct excluded bingo for the Ladies Auxiliary of Golden
Valley Veterans of Foreign Wars Post#7051.
*Minutes of Boards and Commissions
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - August 12, 2013
*Commercial Compound Water Meters - Quotes
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase
twenty-five 3-inch and two 4-inch compound commercial meters from the lowest
responsible bidder, DSG for $64,273. The quotes are as follows:
DSG 3" meter $57,475
DSG 4" meter 6,798
$64,273
Midwest Meters 3" meter $63,750
Midwest Meters 4" meter No bid
$63,750
*Call for Administrative Hearinq -Appeal of Administrative Citation - 2417 Parkview
Boulevard - 10/8/13
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for an
administrative hearing on an appeal of an administrative citation of City Code Section 4.60:
Residential Property Maintenance Code at 2417 Parkview Boulevard for October 8, 2013
at 5:30 pm.
*Call for Administrative Hearinq -Appeal of Administrative Citation - 551 Ottawa
Avenue South - 10/8/13
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for an
administrative hearing on an appeal of an administrative citation of City Code Section 4.60:
Residential Property Maintenance Code at 551 Ottawa Avenue South for October 8, 2013
at 6 pm.
Regular Meeting of the City Council
October 1, 2013
Page 3
*Approvinq Appointment of Election Judqes for Citv Election
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 13-83
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE CITY ELECTION TO BE HELD ON NOVEMBER 5, 2013
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.
*Receipt of Auqust 2013 Financial Reports
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file the August 2013 Financial Reports.
*Call for Special Meetinq - Canvassinq Board and Council Member Oath of Office -
11/12/13
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call for a
Special Meeting to canvass the November 5, 2013 election results and swear in the
Council Member for the two year term on November 12, 2013 at 6:30 pm.
*Waiver of Public Hearinq and Certification of Special Assessments: 2013 Eldridqe
3rd Addition - PUD #109 and 2013 Rhode Island Avenue North
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 13-84
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO
MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF
SPECIAL ASSESSMENTS ON PUBLIC IMPROVEMENTS CONSTRUCTION FOR
ELDRIDGE 3RD ADDITION, P.U.D. 109
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.
Regular Meeting of the City Council
October 1, 2013
Page 4
*Waiver of Public Hearinq and Certification of Special Assessments: 2013 Eldridqe
3rd Addition - PUD #109 and 2013 Rhode Island Avenue North - Continued
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 13-85
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO
MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF
SPECIAL ASSESSMENTS ON PRIVATE IMPROVEMENTS FOR
RHODE ISLAND AVENUE NORTH SANITARY SEWER
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.
Authorization to Sipn Aqreements for with Bassett Creek Watershed Manaqement
Commission and WSB & Associates, Inc. for Briarwood/Dawnview Water Quality
Improvements
Council Member Clausen had questions about the location and notification process for the
residents in the project area. Jeannine Clancy and Jeff Oliver, City Engineer, answered
questions from the Council.
MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to authorize
the City Manager to sign the Cooperative Agreement for the Briarwood/Dawnview Water
Quality Project (BC-7) with the Bassett Creek Watershed Management Commission and
the City of Golden Valley.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
City Manager to sign the agreement with WSB & Associates, Inc. for professional
engineering services for an amount not to exceed $21,000.
Authorization to Submit Application for Hennepin Countv Sidewalk Grant Participation
Proqram - Glenwood Avenue (TH 55 to Harold Avenue)
Mayor Harris had questions regarding the location and property required for the sidewalks.
Jeannine Clancy answered questions from the Council.
Member Schmidgall introduced the following resolution and moved its adoption:
RESOLUTION 13-86
RESOLUTION AUTHORIZING SUBMITTAL FOR THE
HENNEPIN COUNTY SIDEWALK PARTICIPATION PROGRAM
Regular Meeting of the City Council
October 1, 2013
Page 5
Authorization to Submit Application for Hennepin Countv Sidewalk Grant
Participation Proqram - Glenwood Avenue (TH 55 to Harold Avenue) - Continued
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, 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.
*Proclamation for 60th Anniversarv of General Mills Foundation
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to proclaim
October 15, 2013 as General Mills Foundation day.
*Email from Sheldon Olkon, Secretary-Treasurer, Laurel Hill West Condominiums
Regardinq PUD #113 - The Xenia.
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file the letter from Sheldon Olkon, Laurel Hills West Condominiums, dated September 30,
2013 regarding PUD #113, The Xenia.
Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #113 - The Xenia - Slosburq
Company, Applicant
Mark Grimes, Community Development Director, introduced the agenda item and
answered questions from the Council. Jeff Oliver, City Engineer, Jeannine Clancy, Mike
Kotila, Traffic Engineer Consultant, SEH Inc.; and Tom Burt answered questions from the
CounciL
Richard Slosburg, Jerry Kavan, Slosburg Company, Applicant, and Jeff Shopek, Loucks
Associates, 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.
Marilynn Condon, 5901 Laurel Avenue, stated she is not opposed to the development and
thinks it is wonderful but expressed concern about the traffic exiting onto Laurel, feels
Laurel is already a raceway, has difficulty pulling out from her condo especially during rush
hour; would like to see the proposed development have an exit on Golden Hills Drive
instead of Laurel, when existing the proposed development you end up on the railroad
tracks; she stated that there has been an increase in railroad traffic and the tracks are busy
six days a week from morning to midnight; and there is a lot of trains being loaded and
unloaded at night; and requested the Council reconsider allowing the proposed
development to exit onto Laurel Avenue.
Regular Meeting of the City Council
October 1, 2013
Page 6
Public Hearing - Preliminarv Desiqn Plan Approval - PUD #113 - The Xenia - Slosburq
Company, Applicant - Continued
The Mayor closed the public hearing.
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to approve
the Preliminary Plan for The Xenia, PUD No. 113, subject to the following conditions:
1. The plans submitted with the application shall become a part of this approval.
2. The recommendations and requirements outlined in the memo from Deputy Fire Chief
John Crelly to Mark Grimes, Director of Community Development dated August 20,
2013, 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 Community Development, dated September 5, 2013,
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.
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
sfopes, 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 - Rezoninq from Institutional Zoninq District (I-1) with Restrictive
Condition to Institutional Zoninq District (I-1) without Condition - 6000 Duluth Street -
Kinq of Grace Lutheran Church and School, Applicant
Mayor Harris stated that the applicant withdrew the request to rezone 6000 Duluth Street
and no action is necessary.
Regular Meeting of the City Council
October 1, 2013
Page 7
Pubtic Hearinq - Specia! Assessments - Delinquent Utility Bills
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 Clausen introduced the following resolution and moved its adoption:
RESOLUTION 13-87
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR DELINQUENT UTILITY BILLING
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, 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.
Public Hearinq - Special Assessments - Miscellaneous Charqes
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 13-88
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR MISCELLANEOUS CHARGES .
(WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC)
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, Harris,
Pentel, Scanion 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
October 1, 2013
Page 8
Announcements of Meetings
Some Council Members may attend the Arc Event on October 3, 2013 at 6:30 pm at Deb
and Tim Reisner home at 1560 Oregon Avenue North.
A Special City Council Meeting will be held to conduct an Administrative Hearing for 2417
Parkview Boulevard on October 8, 2013 at 5:30 pm.
A Special City Council Meeting will be held to conduct an Administrative Hearing for 551
Ottawa Avenue South on October 8, 2013 at 6 pm.
The next Housing and Redevelopment Authority meeting will be held on October 8, 2013 at
6:30 pm.
The next Council/Manager meeting will be held on October 8, 2013 immediately following
the HRA meeting.
The Golden Valley League of Women Voters will hold a candidate night on October 9,
2013 from 7 to 9 pm.
Some Council Members may attend the Golden Valley Historical Society Meeting on
October 10, 2013 at 7 pm at the Golden Valley Historical Society.
Some Council Members may attend Kelly Drive Pumpkin Fest on October 12, 2013 from
11 am to 1 pm.
The next City Council meeting will be held on October 15, 2013 at 6:30 pm.
A Bassett Creek Watershed Management Commission meeting will be held on October 17,
2013 at 8:30 am.
The last day for the Market in the Valley will be October 6, 2013.
Mayor and Council Communications
Mayor Harris reviewed the Douglas Drive neighborhood meeting and stated he contacted
the Robbinsdale School District regarding possible programs for apartment residents.
PRISM will hold an open house on October 8, 2013 from 5 to 7 pm.
Mayor Harris stated that staff has prepared a letter to be distributed to the Triton
Neighborhood regarding the status of the development.
Regular Meeting of the City Council
October 1, 2013
Page 9
Authorization to Siqn Amended PUD Permit - Allianz - PUD #87 -Amendment#4
Mark Grimes, Community Development Director, introduced the agenda item and
answered questions from the Council.
MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager to sign the amended PUD Permit for Allianz PUD 87,
Amendment #4 to allow for a small building addition that would add locker room space to
the company's fitness center.
Authorization for Submittal of Application for Hennepin Youth Sports Proqram
Grants -Wildwood Park Plav Structure
Tom Burt introduced the agenda item and answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-89
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
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, 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 Schmidgall, seconded by Clausen and motian carried unanimously to adjourn
the meeting at 8:35 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant