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07-15-14 CC Minutes cify 0 Bolden OFFICIAL MINUTES �� CITY COUNCIL MEETING ' GOLDEN VALLEY, MINNESOTA JULY 15, 2014 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Fonnest, Clausen, Schmidgall and Snope. 1 B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve the agenda of July 15, 2014 as revised: 6C-Authorize Interfund Loan with replacement page for Resolution 14-59 and the motion carried unanimously. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve the consent agenda of July 15, 2014 as revised to remove items: 3G-Authorize Appointment of the Golden Valley Teen Committee Members and the motion carried unanimously. 3A. Approve Minutes of City Council Meeting July 1, 2014 3113. Approve City Check Register and authorize the payments of the bills as submitted. 3C1. Approve the solicitor's license for Bill Sweatt, Realtor. 3C2. Receive and file the gambling license exemption and approve the waiver of notice requirement for PRISM. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Human Service Fund - June 9, 2014 2. Joint Water Commission - June 4, 2014 3E Approval of Full Extension for Filing of Plat and Submitting Final PUD Plan Application for PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant. 3F. Adopt Resolution 14-57 for Approval of Plat - Morrie's Golden Valley PUD No. 115 and authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for Morrie's Golden Valley PUD No. 115. 3G. uther"ze the appointment of the (-`elden Valley Toon Gemmittee MembeFs. 3H. Approve requests for beer and/or wine at Brookview Park as recommended by staff. 31. Adopt Second Consideration of Ordinance #520, Amendment to the Master Fee Schedule for City Utility Bill Water Fee for Emergency Water Supply. 3J. Adopt Second Consideration of Ordinance #521, Amending, Ratifying and Readopting Section 4.07: Electrical Regulations and Inspections. 3K. Authorize the Mayor and City Manager to sign the First Amendment to Agreement No. A101049 with Hennepin County to extend Assessing Services through July 31 , 2016. 3L. Adopt Resolution 14-58 for Approval of Plat - Olson Tralee. Official City Council Minutes -2- July 15, 2014 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3G. Authorize the a3pointment of the Golden Valley Teen Committee Members. Mayor Harris thanked the members of the committee and staff who worked with the teens. MOTION made by Mayor Harris, seconded by Council Member Fonnest to appoint the Golden Valley Teen Committee members as follows and the motion carried unanimously.. Jack Knudson Shivani Nookala Sarah Carlson Owen Hoeft Stella Haberman Sam Buttress Melanie Blazer Brittany Blazer Hannah Segelbaum Olivia Behn 4. PUBLIC HEARING 4A. Public Hearing - Ordinance #523 - Amending Section 11.03 Definitions, and Section 11.21, Subd. 6, Buildable Lots, Single Family Zoning District (R-1), to Modify Definition of Lot Width City Planner Zimmerman presented the staff report and answered questions from the Council. Community Development Director Grimes answered questions from the Council. Mayor Harris opened the public hearing. Ms. Tammy Pulver, 105 Meadow Lane N., asked a question regarding the lot size recommendation related to the formula using the perimeter squared divided by the area. She inquired if this formula would be considered tonight. Ms. Angelique Struyk, 235 Sunnyridge Lane, stated she did not feel that the City Code needed to be mutually exclusive, she felt that it made sense to require the front setback to have an eighty foot width, and to also have a mean width throughout the lot, because it will help to remove properties that are severely narrowed in. She felt that the City Planner and Engineer should be able to make the necessary calculations. She asked about other communities that require just a front setback, if other parameters were also used. She added that it seemed as the City moves forward with development that the lot sizes are changing. She disagreed with Staff that an ordinance change would not make it easier to develop future lots. She felt it would because there would be only one requirement instead of two. She felt the City should plan ahead for more aggressive development. Mr. Todd Grant, 3910 Poplar Drive, questioned the purpose for having this setback law. He asked what the City was trying to encourage and what were they trying to prevent. Mr. Paul Schneck, 122 Burntside Drive, stated this issue arose due to a dispute over whether a subdivision should be approved. He rejected the idea that the wording in the City Code had been struck out as a mistake or clerical error. He felt it was intentional because it was not noted in the meeting minutes. He thought it was incorrect to assume that a mistake had been done. He felt the Council should decide what is best for the community. His last question was if the City checks the calculations that developers submit. Mr. Donald Brown, 4135 Leber Lane, felt there was a lot of confusion in respect to who has the power to follow the rules at the City regarding setbacks and what information is to be shared with the community. He felt the item should be tabled until language is developed regarding the measurements. Official City Council Minutes -3- July 15, 2014 4A. Public Hearing - Ordinance #523 - Amending Section 11.03 and 11.21 - continued Mr. Donald Jensen, 3004 Armour Terrace, St. Anthony, stated he is a business representative and he felt the City Code should be very clear to the business community. He added that the code should be easy and clear to read by developers, the business community, and the public. He felt it should not be too complicated for people to divide their lots. He added in the past, lots were rectangular in shape due to the fact the survey equipment was cumbersome to use, but now there is more advanced and accurate equipment. Ms. Mary Jane Pappas, 20 Ardmore Drive, thought that everyone could agree that Golden Valley is a wonderful place to live. She felt that making a change to just the lot setback requirements, without taking a look at the whole picture for areas of Golden Valley where low density is more of an issue was not a good idea. She thought the decision should be postponed at this time. She disagreed with Staff, and stated that changing the rules would be relaxing the law and that when the language was struck, it was intentional. She pointed out that the code change was being proposed right before the subdivision proposal, and that the decision would affect whether the subdivision passes. Mr. Bob Lang, 401 Meadow Lane N, requested the overhead camera show a drawing he drew of an irregular shaped lot, and talked about the dimensions. He asked if his irregular shaped lot would be legal. Mr. Peter Barber, 325 Sunnyridge Lane, stated he agreed with both sides of the story. He thought the City should look at the continuity of the neighborhoods. He discussed other neighborhoods in Golden Valley that were not aesthetic pleasing or many be crowded. Mr. Peter Knaeble, 6001 Glenwood Avenue, clarified that the ordinance was not changing the definition of a specific lot or subdivision, just the language in the Zoning Code. He stated the code has been interpreted that way for fifty-four years. He went on to add that lot measurements are typically done at the front setback line. He supported the change, and felt the Council should support the recommendation from the Planning Commission. Mr. Bruce Pappas, 20 Ardmore Drive, stated he would like to make a couple of points and that he supports what his wife had said earlier. He reminded the Council that the decision made on this item would affect the next item. He stated that he would like to know where the evidence was to support that the strike outs from the past code were a mistake. He recommended that Council not approve the ordinance at this time and send the item back to the Planning Commission. Mr. Rich Baker, 224 Janalyn Circle, stated he was representing himself, not a body that he is involved with. He felt that what the Council was looking at was not just a cleanup, but a bigger change to the code. He heard earlier in the report that the changes were made to make it easier for Staff, but he felt the current language was not complicated. He felt that development was moving too rapidly and just because neighboring communities were doing it one way, it may not be the best way. Mr. Matt Pavek, 510 Cloverleaf Drive, stated that he is a civil engineer and felt that good ordinances should be easy to understand. He quoted the definition from the League of Minnesota Cities as to what makes a good ordinance. Official City Council Minutes -4- July 15, 2014 4A. Public Hearing - Ordinance #523 - Amending Section 11.03 and 11.21 - continued Mr. Harry Pulver, 105 Meadow Lane N., stated he attended the Planning Commission meetings regarding this issue. He felt a mistake had been made and that the Council was attempting to fix it too quickly. He thought the City should look at other types of perimeter measurements when reviewing this issue. Mr. Ralph Jacobson, 515 Parkview Terrace, stated he felt that the Council is voted into office to uphold the spirit of the law in Golden Valley. He added that he thought that developers who come to the City do not understand the spirit of law only the letter of the law. He added that he would like to see the Council work with the neighbors and their neighborhood vision. Mr. Casey Pavek, 513 Meadow Lane N., stated he purchased a small home in the area and that a new family moved into his neighborhood. He stated that the new neighbors have a big house on a small lot and that he was fine with that. Ms. Eva Jansen, 4010 Roanoke Drive, stated she would like to affirm the value of the neighborhood and said the ecosystem of the large lot should be sustained. She asked the Council to be mindful of that as they make their decision. Mayor Harris closed the public hearing. Mr. Zimmerman and Mr. Grimes answered questions from the Council and the residents that had appeared at the public hearing. City Attorney Barnard answered questions from the Council. There was much Council discussion regarding the purposed amendment changes to section 11.03 and section 11 .21 of the Zoning Code. MOTION made by Mayor Harris to table the proposal until the first meeting in December, seconded by Council Member Clausen upon a vote being taken, the following voted in favor thereof: Harris and Clausen and the following voted against: Fonnest, Snope and Schmidgall and the motion failed. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to adopt Ordinance #523, Amending Section 11 .03 Definitions, and Section 11.21, Subd. 6, Buildable Lots, Single Family Zoning District (R-1), to Modify Definition of Lot Width, upon a vote being taken, the following voted in favor thereof: Schmidgall, Snope and Fonnest and the following voted against: Harris and Clausen and the motion carried. 4113. Public Hearing - Preliminary Plat Approval - Kate's Woods - 221 Sunnyridge Lane City Planner Zimmerman presented the staff report and answered questions from the Council. Community Development Director Grimes answered question from the Council. City Engineer Oliver answered questions from the Council. City Attorney Barnard answered questions from the Council. Mr. David Knaeble, 221 Sunnyridge Lane, applicant, reviewed the plans and answered questions from the Council. Mayor Harris opened the public hearing. Official City Council Minutes -5- July 15, 2014 413. Public Hearing - Preliminary Plat Approval - 221 Sunnyridge Lane - continued Ms. Tammy Pulver, 105 Meadow Lane N., stated she would have to view the property every day and she would not want to live on the lot. She also stated that she felt her question was not addressed regarding the memo dated June 23 to the Planning Commission concerning the addition of an "irregular lot test" being added to the Code. She felt the lot was too irregular and that it would have water issues. Ms. Angelique Struyk, 235 Sunnyridge Lane, questioned whether there have been any subdivisions that had not been recommended for approval or approved in the past and on what grounds did it not pass. She also questioned as to whether the City Engineer made a site visit to the lot because she felt he may have seen a different picture than what was presented in the plans. She stated the first revision to the plans were approved by the Planning Commission, but the second set presented were not. She felt the Council should not approve this plan. She added with this plan there was more of a curve to the back of the house and with the short rear setback with the first home it barely met the requirements. She felt the back corner of the garage should be the rear setback line, and was not sure if using that line the plans would met the requirements. She added that she felt if this is taking so much time to decide and if the calculations are too difficult, maybe it should not be allowed. Mr. Bruce Pappas, 20 Ardmore Drive, felt because the plans had been changed after a notice was sent to the neighbors that a new notice should have been sent. He added that the process was difficult because the neighbors were having to make the challenges. He felt it should have been the City Staff's job to challenge the measurements. Mr. Peter Knaeble, 6001 Glenwood Avenue, stated he was the engineer on record for the project. He added with any plans, a preliminary grading plan is done to establish if a project works. He felt that City Staff was doing their job in regard to the project. Ms. Mary Jane Pappas, 20 Ardmore Drive, stated she felt there was a collaboration of the numbers, and that City Staff relied solely on the developer's numbers. She added that the neighbors had requested the CADD drawings. But were not able to get the drawings, so she did not know if the calculations were correct. Mr. Harry Pulver, 105 Meadow Lane N., stated he did not want to hear that the City did not like the plans, but their hands were tied. He felt this change was more than a housekeeping item, and felt that there would be water problem later. Mr. Matt Pavek, 510 Cloverleaf Drive, stated he would support any subdivision that meets the rules. The odd shape of the proposed lot was forced by the rules. He felt the issue is not the shape of the lot, but the fact that a house is to be built on it. Mr. Tom Hanson, 4116 Lancaster Road formerly of Triton Drive, questioned when the City would be reviewing the Comprehensive Plan, and when the density is enough for an area. He added he did not want to hear that the City's hands were tied, and asked what it would take for the Council to do something. Mr. Casey Pavek, 513 Meadow Lane, stated he is a fan of density, and that change is not always a bad thing so long as it abides by the rules. Ms. Tammy Pulver, 105 Meadow Lane N, felt the Council does not know if this lot meets the requirements, and if they do not know for sure, the item should not be voted on. Official City Council Minutes -6- July 15, 2014 4B. Public Hearing - Preliminary Plat Approval - 221 Sunnyridge Lane - continued Mr. Peter Knaeble, 6001 Glenwood Avenue, stated the lot does meet the City Code and in fact exceeds it. He added he made sure it met the requirements, because he did not want to come to the Council to ask for a variance. He added in regard to future water issues that the lot was a dry lot, and the run off would be diverted away from neighboring houses. Mayor Harris closed the public hearing. Mr. Peter Knaeble answered questions from the Council. Mr. Zimmerman and Mr. Grimes answered questions from the Council. There was much Council discussion regarding the purposed Preliminary Plat for Kate's Woods located at 221 Sunnyridge Lane. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to approve the Preliminary Plat for Kate's Woods, 221 Sunnyridge Lane, subject to the following conditions, upon a vote being taken, the following voted in favor thereof: Harris, Schmidgall, Snope and Fonnest and the following voted against: Clausen and the motion carried. 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 $2,930 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 17, 2014, shall become part of this approval. 4. All applicable City permits shall be obtained prior to the development of the new lots. 4C. Public Hearing - Ordinance #524 - Final Design Plan Approval - Tennant Company PUD #114 - Tennant Company, Applicant City Planner Zimmerman presented the staff report and answered questions from the Council. City Attorney Barnard answered questions from the Council. City Manager Burt answered questions from the Council. Mr. Carlos Fernandez, representing the Applicant, reviewed the plans and answered questions from the Council. Mr. Larry Spears, Tennant Company, answered questions from the Council. Mayor Harris opened the public hearing. No speakers were present. Mayor Harris closed the public hearing. There was much Council discussion regarding the final design of the plan being presented and the PUD development agreement. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Ordinance #524, Approval of Final Plan of Development, Tennant Company P.U.D. #114, Tennant Company, Applicant and the motion carried unanimously. MOTION made by Mayor Harris, seconded by Council Member Fonnest to direct staff to include in the PUD permit a condition that the applicant evaluate options to access the Luce Line trail and increase usage of mass transit to reduce automobile traffic and the motion carried unanimously . Official City Council Minutes -7- July 15, 2014 6. NEW BUSINESS 6A. First Consideration - Ordinance #525 - Amending City Code Sections 2.30 - 2.36 - City Departments City Manager Burt presented the staff report and answered questions from the Council. City Attorney Barnard answered question form the Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to table the item, upon a vote being taken, the following voted in favor thereof: Snope and Clausen and the following voted against: Harris, Schmidgall, and Fonnest and the motion failed. MOTION made by Council Member Fonnest, seconded by Council Member Snope to amend the wording in section 2.30 table of organization to read: The City Council m-ay shall by resolution establish, amend, and from time to time revise the Departments of the City, in consultation with the City Manager, upon a vote being taken, the following voted in favor thereof: Fonnest, Snope, Harris and Clausen and the following voted against: Schmidgall, and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Ordinance 525, 2nd Series, An Ordinance Amending Sections of City Code relating to the Departments of the City on first consideration with the amendment to Section 2.30, upon a vote being taken, the following voted in favor thereof: Fonnest, Snope, Harris and Schmidgall and the following voted against: Clausen, and the motion carried. 6113. First Consideration - Ordinance #526 - Amending the City Code, Amending Section 9.07, Winter Parking Regulations Street Maintenance Supervisor Ray presented the staff report and answered questions from the Council. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Ordinance 526, 2nd Series, An Ordinance Amending the City Code, Amending Section 9.07, Winter Parking Regulations on first consideration, upon a vote being taken, the following voted in favor thereof: Fonnest, Snope, Harris and Schmidgall and the following voted against: Clausen, and the motion carried. 6C. Resolution 14-59 Authorizing Interfund Loan from the Storm Utility Fund to the Water and Sewer Fund to Help Finance the Emergency Water Supply Finance Director Virnig presented the staff report and answered questions from the Council. MOTION made Council Member Schmidgall and seconded by Council Member Clausen to adopt Resolution 14-59, Authorizing Interfund Loan from the Storm Utility Fund to the Water and Sewer Fund to help Finance the Emergency Water Supply and the motion carried unanimously. 6D. Bottineau Transitway Update. City Planner Zimmerman presented the staff report and answered questions from the Council. MOTION made by Council Member Snope, seconded by Council Member Clausen to receive and file Bottineau Transitway Update and the motion carried unanimously. Official City Council Minutes -8- July 15, 2014 6E. Announcements of Meetings. An Executive Session of the HRA regarding: Webb Golden Valley vs Global One Golden Valley on July 15, 2014, immediately following the City Council meeting. A Concert in the Park featuring The Castaways will be held on July 21 , 2014, at 7 pm at Brookview Park. The League of Women Voters will host a Candidate Forum for the Judicial District Seat on July 23, 2014, from 7 pm to 9 pm at Golden Valley City Hall. A Workshop-on-the-Water will be held on July 23, 2014, from 5 pm to 9 pm at Lake Minnetonka on the Queen of Excelsior. A Penny Carnival will be held on July 25, 2014 from 10:30 am to 12:30 pm at Brookview Park. A Concert in the Park featuring the Mu Daiko will be held on July 27, 2014 at 7 pm at Brookview Park. Coffee with a Cop will be held on July 29, 2014, from 8 am to 10 am at Einstein Bros. Bagels. A Picnic and Music in the Park featuring The Flyers will be held on July 20, 2014, from 11 :15 am to noon at Brookview Park. A Golden Valley Police Department Promotion Ceremony honoring Christine Sloat will be held on July 25, 2014, at 4:30 pm in the Council Chambers. A quarterly neighborhood meeting will be held on July 29, 2014, at the Golden Valley VFW Post 7051. A retirement party for Community Development Director Mark Grimes will be held on July 30, 2014, from 3:30 pm to 5:30 pm at Brookview Community Center. A Concert in the Park featuring the Calhoun Brass will be held on August 4, 2014 at 7 pm at Brookview Park. A Special City Council Meeting will be held on August 5, 2014 at 9 am in the Council Conference room. The Minnesota Night to Unite Celebrations will be held on August 5, 2014, at various times and locations. The next City Council Meeting will be held on August 6, 2014, at 6:30 pm. A Special Council/Manager Meeting will be held on August 6, 2014, to discuss economic development for the Winnetka and Medicine Lake area immediately following City Council meeting in the Council Conference room. 6E. Mayor and Council Communications. No action and/or discussion took place. Official City Council Minutes -9- July 15, 2014 Adjournment MOTION made by Council Member Fonnest, seconded by Council Member Snope and the motion carried unanimously to adjourn the meeting at 11:18 pm. } Shep rd Hard , May r ATTEST: Kristine A. Luedke, City Clerk