08-19-14 CC Minutes city 01
OFFICIAL MINUTES
golden
valleyCITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
AUGUST 19, 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
1 C. Proclamation for Hunger Action Month
Ms. Carla Johnson, Executive Director Northwest Hennepin Human Services Council,
reviewed the programs and services they offer.
The City Council thanked the Human Services Council and their staff for the presentation and
continued hard work.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Snope, seconded by Council Member Clausen to
approve the agenda of August 19, 2014, as submitted and the motion carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Schmidgall to
approve the consent agenda of August 19, 2014, as revised to remove items: 3E-Award 2014
Winnetka Avenue Streetscape Paver Rehabilitation Project, and 3F-Letters, Emails and/or
Petitions and the motion carried unanimously.
3A1. Approve of the Minutes of City Council Meeting - July 15, 2014.
3A2. Approve of the Minutes of Special City Council Meeting - August 5, 2014.
3131. Approve City Check Register and authorize the payments of the bills as submitted.
3132. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
3C1. Approve Gambling License Exemption and Waiver of Notice Requirement - Saint
Therese Foundation.
3C2. Approve Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to
the Veterans of Foreign Wars Post #7051.
3C3. Approve General Business License.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1 . Planning Commission - June 23, 2014
2. Open Space and Recreation Commission - April 28, 2014
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3. Bassett Creek Watershed Management Commission - June 19, 2014
3E. Birk and Q ie+oc.
Award GeRtFaGt feF 2014 VV!RRetka AveRUe StreetSGape Paver Walk Rehabilltatim�,
PFejeGt Ne. 13 19 and Approve Resolution 14-67 AutheriZiRg Cooperative AgreemeRt
with HeRRe min GG Rt4
Rights GE)MM*cciE)R
Official City Council Minutes -2- August 19, 2014
3. APPROVAL OF CONSENT AGENDA-Continued
3G Adopt Resolution 14-68 Approval of Plat - Tennant Companies PUD No. 114 &
Authorization to Sign PUD Permit & PUD Development Agreement - Tennant Company
PUD No. 114.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3E. Award Contract for 2014 Winnetka Avenue Streetscape Paver Walk
Rehabilitation Project No. 13-19 Resolution 14-67
City Engineer Oliver presented the staff report and answered questions from the Council.
MOTION made by Council Member Fonnest, seconded by Council Member Snope and the
motion carried unanimously to:
1. Award contract for 2014 Winnetka Avenue Paver Walk Rehabilitation Project to the lowest
responsible bidder, Blackstone Contractors, LLC for the Base Bid and alternate bids 2 and
3, in the amount of$521,829.45.
2. Approve Resolution 14-67 authorizing the Cooperative Agreement with Hennepin County
for ADA Compliant Pedestrian Ramp Construction as part of the Winnetka Avenue
Streetscape Paver Rehabilitation Project.
3. Authorize the Hennepin County Cooperative Agreement No. PW 27-13-14 for Pedestrian
Ramp funds.
3F. Accept for filing an email from Jason Boudreau-Landis regarding resignation
from Planning Commission and an email from Brian Cook regarding resignation
from Human Rights Commission.
The Council expressed their appreciation and thanked the Commissioners.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to receive
and file the resignations and the motion carried unanimously.
4. PUBLIC HEARING
4A. Public Hearing - Preliminary PUD Plan for Marie's Woods PUD No. 116 - 7200 and
7218 Harold Avenue - Peter Knaeble, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from the
Council. City Manager Burt answered questions from the Council. City Attorney Schelzel
answered questions from the Council.
Mr. Knaeble, applicant, reviewed the application and answered questions from the Council.
Mayor Harris opened the public hearing.
Mr. Larry Kueny, 7303 Ridgeway Road, stated Mr. Knaeble has bent over backwards for their
neighborhood, he said the neighbors feel Mr. Knaeble's plan is the best possible solution for
their area and added the proposed cul-de-sac would only be a half cul-de-sac, because the
neighbors on the left side do not intend to sell their property, and the homes on the right of it
would be looking into the property's backyard. He added if a cul-de-sac was proposed
between the lots and the homes were built around it, that it could be a different possibility. He
stated he and his wife support Mr. Knaeble's plan.
Official City Council Minutes -3- August 19, 2014
4A. Public Hearing - Preliminary PUD Plan for Marie's Woods - continued
Mr. Perry Thom, 320 Louisiana Ave, stated his home is relatively new in the neighborhood.
When he was in the process of building it, the builder at the time informed him there would
not be variations to easements and property builds in his area. He said at one time a
developer proposed to build townhomes on his and the neighbor's lot, but the City said no
because the City was very specific as to not allow heavy density in his neighborhood which
kept the lots with single family homes. He added he is against the cul-de-sac plan and would
prefer to see two single family homes, but he would support Mr. Knaeble's plan for six homes.
He added he felt there would be fewer trees lost, less density, less encroachment on smaller
properties and would not lower the value of their homes. He said a couple of meetings
regarding this lot process were held, and no one outside of the Planning Commission
supported the cul-de-sac plan.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the proposed Preliminary PUD plan for Marie's
Woods located at 7200 and 7218 Harold Avenue.
MOTION made by Mayor Harris, seconded by Council Member Schmidgall to direct staff to
take the findings and turn the negatives into positives, add a condition for sprinklers in the
homes on the back lots, and a shared maintenance agreement for the driveways, upon a vote
being taken, the following voted in favor thereof: Harris and Schmidgall and the following
voted against: Snope, Fonnest, and Clausen and the motion failed.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to deny
the Preliminary Plan for Marie's Woods PUD No. 116 with the following findings upon a vote
being taken, the following voted in favor thereof: Fonnest, Snope, and Clausen and the
following voted against: Harris and Schmidgall, and the motion carried.
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 but does not achieve 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 does not include efficient and effective use (which includes preservation) of
the land.
4. The PUD plan does not result in development compatible with adjacent uses and is not
consistent with the Comprehensive Plan and redevelopment plans and goals.
5. The PUD plan is not consistent with preserving and improving the general health, safety
and general welfare of the people of the City.
6. The PUD plan does not meet the PUD Intent and Purpose provision and all other PUD
ordinance provisions.
4B. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - 221 Paisley
Lane
Planning Manager Zimmerman presented the staff report and answered questions from the
Council. City Engineer Oliver answered questions from the Council. City Attorney Schelzel
answered questions from the Council.
Official City Council Minutes -4- August 19, 2014
413. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - continued
Mr. Pavek, Civil Site Group, engineer on the project presented background information on the
application and answered questions from the Council. Mr. Kuperus, the builder on the project,
answered questions from the Council.
Mayor Harris opened the public hearing.
Ms. Diane Richards, 217 Paisley Lane, stated she lives in the property east of the proposed
development. She indicated the neighborhood has had several meetings regarding the plans
and she was attending on behalf of her neighbors who were unable to. She presented a map
of what the neighborhood currently looks like, gave a brief historical review, and added it is
referred to as the "Tralee Neighborhood." She said the neighbors have reviewed the City's
Comprehensive Plan and felt the City should uphold the standards of development that foster
urban style and suburban tranquility. She added that the neighbors would like to preserve the
integrity of their neighborhood and with this proposal there would be a total of six new homes
in their area. She said the homes include the two already built, the two approved earlier, and
the two proposed tonight which represents 17% of the houses in their neighborhood. She
presented a map of the current homes and said each one has a large, wooded lot, set back
from the street with a mostly mid-century design. She then presented a drawing with houses
similar in style and design of those being built by LDK Builders. She said the garage is the
prominent feature, there are fewer trees, a different house color palette and they are set
closer to the street. She presented a view of what the area would resemble with the new
homes, and added that they would not blend into the current style of the neighborhood. She
said the neighbors are watching what is happening with lots in their area because as current
residents move out their lots may be subdivided. She inquired as to when the City will stop
subdividing lots. She asked if the Comprehensive Plan would maintain the integrity and
preserve the quiet, peacefulness of neighborhoods.
Mr. Jerry Kassanchuk, 235 Paisley Lane, stated he reviewed the definition of the Housing and
Redevelopment Authority which in part states its function is to increase the City's taxable
valuation. He said at a meeting with the developer, when asked why build two homes instead
of one, the builder's response was they would not make as much money because it costs
more to build just one house. He said that spoke to other architects regarding this answer and
they felt there was no merit to the profitably of just one house being built and the only
explanation would be the builder was using stock plans. He stated the home currently on the
property has a flat roof and the two proposed homes would have slanted roofs, he felt this
could cause run-off problems for the homes located in the back lots. He stated under the
Comprehensive Plan section regarding land use and minimized conflicts, it states traditional
neighborhoods should be protected and respected. He said part of the definition of traditional
is long standing, and of neighborhoods it is a community within a town, or city, and he
believes his neighborhood is a traditional one. He said where the two new houses were built,
a swamp was created with many trees falling into it and the developer has not done anything
to take care of this. He added he would not want to live with a swamp in his backyard and
asked who will pay for the fallen trees. He stated he felt that the good of Golden Valley could
be served with only one house being built.
Mr. Brian Walvatne, 227 Paisley Lane, said he lives across the street from the proposed
development and he signed the resident's petition submitted from the neighborhood. He
asked to stop the building of cookie cutter track houses in his neighborhood. He said the
residents have not changed their minds and accepted this plan and are saying no to LDK-
type houses in their neighborhood.
Official City Council Minutes -5- August 19, 2014
4B. Public Hearing - Preliminary Plat Approval - Paisley Lane Woods - continued
Mr. John Rode, 205 Paisley Lane, stated he lives directly behind the proposed development.
He said there is a big hill in the neighborhood and he feels it will create a big mess with storm
drainage. He said that adding more than one house to a lot is not right, and added that there
is a lot of unanswered question regarding this issue.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the Proposed Preliminary Plat for Paisley Lane
Woods located at 221 Paisley Lane.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
approve the Preliminary Plat for Paisley Lane Woods, 221 Paisley Lane, subject to the
following conditions upon a vote being taken, the following voted in favor thereof: Fonnest,
Snope, and Schmidgall and the following voted against: Harris and 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 $1 ,540 shall be paid before final plat approval.
3. The City Engineer's memorandum, dated July 7, 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 #519 - Rezoning from Single Family Residential
Zoning District (R-1) to Moderate Density Residential Zoning District (R-2) - 1001
Lilac Drive North - Max Zelayaran, Applicant
Planning Manager Zimmerman presented the staff report and answered questions for the
Council.
Mr. Zelayaran, applicant, answered questions from the Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris the closed
public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
adopt Ordinance No. 519, Rezoning from Single Family Residential Zoning District (R-1) to
Moderate Density Residential Zoning District (R-2), 1001 Lilac Drive North, Max Zelayaran,
and the motion carried unanimously.
Mr. Michael Garnet, 5554 Lindsey Street, arrived after the motion was made. He stated that
the neighborhood is upset because they did not get notice of the public hearing bring held
tonight. He said he thought that the neighborhood would get another notice on the public
hearing.
4D. Public Hearing - Preliminary Plat Approval - Golden Valley Homes - 1001 Lilac
Drive North
Planning Manager Zimmerman presented the staff report and answered questions for the
Council.
Official City Council Minutes -6- August 19, 2014
4D. Public Hearing - Preliminary Plat Approval - Golden Valley Homes - continued
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
There was Council discussion regarding the preliminary plat for Golden Valley Homes located
at 1001 Lilac Drive North.
MOTION made by Council Member Snope, seconded by Council Member Clausen to
approve the Preliminary Plat for Golden Valley Homes, 1001 Lilac Drive North, subject to the
following conditions and the motion carried unanimously.
1 . The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. The "Declaration of Covenants, Restrictions, and Conditions" shall be approved by the
City Attorney prior to the issuance of any building permits.
3. A park dedication fee of $1,600 shall be paid prior to approval of the Final Plat.
4. The City Engineer's memorandum, dated June 2, 2014, shall become part of this approval.
5. A Subdivision Development Agreement may be required.
6. 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, Subd. 5(B) of City Code,
finding that:
• The proposed Lot 2 would measure 116.43 feet in width along the east front setback line.
• A required 5 foot right-of-way dedication would reduce that width to 111.43 feet.
• Section 12.20, Subdivision 5(B) of City Code requires that corner lots in the R-2 zoning
district measure at least 120 feet in width along the front setback lines.
• Reducing the corner lot width requirement by 8.57 feet allows for the construction of a twin
home which is consistent with other uses in the area and would not be detrimental to the
public welfare.
4E. Public Hearing - Preliminary Plat Approval - Fretham Twenty-Two - 4XXX Harold
Avenue
Planning Manager Zimmerman presented the staff report and answered questions from the
Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
approve the Preliminary Plat for Fretham Twenty-Two, 4XXX Harold Avenue, subject to the
following conditions and the motion carried unanimously.
1. The City Attorney will determine if a title review is necessary prior to approval of the final plat.
2. The City Engineer's memorandum, dated July 7, 2014, shall become part of this approval.
3. All applicable City permits shall be obtained prior to the development of the new lots.
4F. Public Hearing - Amendments to the General Land Use Plan Map - 305 and 345
Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Planning Manager Zimmerman presented the staff report and stated public hearing items 4F,
4G, and 4H will be combined in this discussion, but voted on individually and answered
questions from the Council. City Engineer Oliver answered questions from the Council.
Official City Council Minutes -7- August 19, 2014
4F. Public Hearing - Amendments to the General Land Use Plan Map - continued
Mr. Don Jensen, applicant, Lake West Development, LLC, outlined the application plans and
answered questions from the Council.
Mayor Harris opened the public hearing.
Ms. Anne Devitt, 235 Pennsylvania Avenue, stated she is concerned about the traffic on
Pennsylvania Avenue. She said few people stop at the four way stop sign at Laurel and
Pennsylvania and that the intersection ice collects, and people have problems getting up the
hill. She said she is also concerned about parking in the area. She said she is against the
sidewalk being built in front of her house because it would take a big part of her yard. She
said her street had recently had curb and gutter work done, and if the sidewalk was a priority
why it was not address at that time.
Mr. Mark Friederichs, 7501 Western Avenue, stated he is concerned about changing the
character of his neighborhood. He stated he is concerned about parking. He felt this area
would be a good location for 10 new home, not 30 homes. He said one of the City's wealth is
low density, and asked why the wealth needs to be spent. He asked that the Council not sell
them out.
Mr. Adam Hiler, 305 Pennsylvania Avenue, stated he was for the proposed plan because one
of the lots involved was his. He felt this plan would be the best of the worst of what the
neighborhood has seen.
Ms. Delores Jensen, 150 Oregon Avenue, stated she thinks the houses being built are similar
to her grandson playing with Legos. She stated she is concerned by the impact of cutting
down the hill and does not think it will be pretty.
Mayor Harris closed the public hearing.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt Resolution 14-69 for Amendment to the General Land Use Plan Map for 305 and 345
Pennsylvania Avenue South and the motion carried unanimously.
4G. Public Hearing - Ordinance No. 527 - Amendments to the Zoning Map - 305 and
345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
Planning Manager Zimmerman answered questions from the Council. City Manager Burt
answered questions from the Council.
Mr. Jensen, applicant, answered questions from the Council. Mr. Fretham answered
questions from the Council.
There was Council discussion regarding the amendments to the Zoning Map in regards to
305 and 345 Pennsylvania Avenue South.
MOTION made by Council Member Fonnest, seconded by Council Member Snope to table
the Ordinance amendments to the Zoning Map for 305 and 345 Pennsylvania Avenue South
until the September 2, 2014, City Council meeting and the motion carried unanimously.
Official City Council Minutes -8- August 19, 2014
4H. Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117 - 305 and
345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant
MOTION made by Council Member Fonnest, seconded by Council Member Snope to table
the Preliminary PUD Plan for Laurel Ponds PUD No. 117 located at 305 and 345
Pennsylvania Avenue South to the September 2, 2014, City Council meeting and the motion
carried unanimously.
6. NEW BUSINESS
6A. Bottineau Transitway Update
Planning Manager 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 the Bottineau Transitway Update and the motion carried unanimously.
6B. Announcements of Meetings.
The Battle of the Badges Community Blood Drive will be held on August 20, 2014, from 1 to 5
pm at Public Safety Building.
The next Council/Manager Meeting will be held on August 21, 2014, at 6:30 pm in the Council
Conference Room.
The Golden Valley Rotary Club fundraiser for PRISM will be held on August 23, 2014, at 6 pm
at Brookview Park.
A Neighborhood Meeting for the 200 Meadow Lane Subdivision will be held on August 27,
2014, at 7 pm at the Golden Valley Library.
The City Offices will be closed on September 1, 2014, in observance of Labor Day.
The next City Council Meeting will be held on September 2, 2014, at 6:30 pm.
6C. Mayor and Council Communications.
The Council thanked staff for organizing the grand opening event of lawn bowling at the
Brookview Golf Course.
7. Adjournment
MOTION made by Council Member Snope, seconded by Council Member Fonnest and the
motion carried unanimously to adjourn the meeting at 10:38 pm.
Shep rd Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk