10-21-14 CC Minutes city OFFICIAL MINUTES
oI CITY COUNCIL MEETING
valley GOLDEN VALLEY, MINNESOTA
October 21, 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.
1B. Pledge of Allegiance
1 C. Headway Emotional Health Services
Ms. Laura McDermott of Headway Emotional Health Services gave a presentation on
Domestic Abuse for Domestic Abuse Awareness Month.
1D. Robbinsdale Area Schools - Volunteers In Partnership (VIP)
Ms. Jill Kaufman, Coordinator, from the Robbinsdale Area Schools gave a presentation on
the Volunteers In Partnership program.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Snope to
approve the agenda of October 21, 2014, as revised to remove item 3H-Acceptance of
Donations and the addition of item 3M-Receive and file correspondence regarding 6A-
Subdivision Moratorium Discussion and the motion carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve
the consent agenda of October 21, 2014 as revised to add item: 3L-Receive and file
correspondence regarding 6A-Subdivision Moratorium Discussion and removal of items: 3C1
Planning Commission Minutes, 3H- Acceptance of Donations and 3K-Approval of Kate's
Woods and the motion carried unanimously.
3A1. Approve City Check Register and authorize the payments of the bills as submitted.
3A2. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
31131. Approve Gambling License Application to Conduct Excluded Bingo - Sons of the
American Legion Post 523.
31132. Approve On-Sale Wine & Non-Intoxicating Malt Liquor License-New Bohemia Wurst &
Bier Haus.
3C. Accept for filing the Minutes of Boards and Commissions as follows:
1 DlaRRiRg GE)mm2662OR SeptembeF Q 2014
2. Human Rights Commission - September 8, 2014
3. Special Joint Water Commission - July 25, 2014
4. Bassett Creek Watershed Management Commission - August 21, 2014
3D1. Authorize Amended and Restated Easement Agreement with Minneapolis Park &
Recreation Board for Watermain and Reservoir Purposes.
3D2. Authorize Purchase of One Fire Pumper Truck.
3E. Adopt Resolution 14-83 Waiver Public Hearing and Certification of Special
Assessments - 2014 Driveways.
3F. Adopt 2nd Consideration Ordinance #531 regarding Fats, Oils and Grease (FOG)
3G. Receipt of September Financial Reports.
Official City Council Minutes -2- October 21, 2014
3. APPROVAL OF CONSENT AGENDA-continued
3H. Adopt Rese' i+inn Aonen+anne of DGRa+iens en behalf of('*
31. Adopt Resolution 14-85 Execution of revised Joint and Cooperative Agreement for
Use of Law Enforcement Personnel and Equipment with Hennepin County Chiefs of
Police Association.
3J. Board/Commission Appointment of Andrew Ramlet to Human Rights Commission.
3K. .
X. Adopt Resolution 14-86 Extending Payment Terms for Isaacson Park Improvements
by Golden Valley Little League.
3. ITEM ADDED TO THE CONSENT AGENDA
3M. To Receive and File correspondence regarding Discussion of Possible
Amendment to Moratorium on Subdivisions and Planned Unit Developments.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3C1. Accept for filing the Minutes of Boards and Commissions as follows: Planning
Commission September 8, 2014.
Planning Manager Zimmerman answered questions from Council.
MOTION made by Mayor Harris, seconded by Council Member Snope to adopt the Planning
Commission Minutes of September 8, 2014, and the motion carried unanimously.
3K. Adopt Resolution 14-85 Approval of Plat - Kate's Woods.
Planning Manager Zimmerman answered questions from Council. City Attorney Barnard
answered questions from Council.
There was much Council discussion regarding the approval of the Plat for Kate's Wood
located at 221 Sunnyridge Lane.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to adopt
Resolution 14-85 Approval of Plat - Kate's Woods upon a vote being take the following voted
in favor of: Snope, Schmidgall and Fonnest and the following voted against: Harris and
Clausen and the motion carried.
4. PUBLIC HEARING
4A. Public Hearing - Ordinance #532 - Final PUD Plan for Trevilla Complex PUD No.
72, Amendment No. 2 - 7475 Country Club Drive - Albert Miller, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
Mayor Harris opened public hearing. No one came forward. Mayor Harris closed public
hearing.
There was Council discussion regarding the Final PUD Plan for Trevilla Complex located at
7475 Country Club Drive.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall
to adopt Ordinance #532, Approval of Final PUD Plan, Trevilla Complex PUD No. 72,
Amendment No. 2, Albert Miller, Applicant and the motion carried unanimously.
Official City Council Minutes -3- October 21, 2014
4B. Public Hearing - Preliminary PUD Plan for Marie's Woods PUD No. 119 - 7200
and 7218 Harold Avenue - Peter Knaeble, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council. City Attorney Barnard answered questions from Council.
Mayor Harris opened public hearing.
Mr. Peter Knaeble, Applicant, summarized the history of the PUD plans and explained how
he arrived at the current proposal. He said he had revised the development project as to what
he heard the Council, the Planning Commission and the neighborhood request. He stated he
has had a number of neighborhood meetings and that the neighbors support the current plan
which includes five custom built homes rather than the other cul-de-sac option.
Mr. Perry Thom, 320 Louisiana Avenue N., said he struggles with the Planning Commission's
desire to have a dense population. He said he would rather not have Golden Valley be a
starter home community, but rather a community that people want to move in to and stay for
their lifetime. He said he appreciated Mr. Knaeble working with the neighborhood on the
development and the he does not want the cul-de-sac option. He said he would prefer two
large homes on the lot but he can live with this plan and would appreciate if the Council
would support it.
Ms. Mary Jane Pappas, 20 Ardmore Drive, asked what the value of the new homes being
built would be.
Mr. Knaeble stated the proposed homes will be around $450,000 each. He said the market
value of the current homes combined is approximately $322,000 and once the new homes
were built the combined value would be around $2,500,000.
Mayor Harris closed public hearing.
There was much Council discussion regarding the Preliminary PUD Plan for Marie's Woods
PUD No. 119 located at 7200 and 7218 Harold Avenue.
MOTION made by Council Member Clausen, seconded by Council Member Snope to send
the Preliminary PUD Plan back to the Planning Commission to look at a four home option,
upon a vote being take the following voted in favor of: Clausen, Snope and Fonnest and the
following voted against: Harris and Schmidgall and the motion carried.
6. NEW BUSINESS
6A. Discussion of Possible Amendment to Moratorium on Subdivisions and Planned
Unit Developments that Include Single Family Residential Components
Planning Manager Zimmerman presented the staff report and answered questions from
Council. City Attorney Barnard answered questions from Council.
There was much Council discussion regarding the moratorium on Subdivisions and Planned
Unit Developments that include a single Family Residential Component.
Council opened up the meeting for public comments.
Official City Council Minutes -4- October 21, 2014
6A. Discussion of Possible Amendment to Moratorium-continued
Ms. Linda Fisher, Fredrikson & Byron, P.A., 200 S. 6th Street representing Mark Dietz, 207
Sunnyridge Lane, said she thought the question was if Council has the authority to include
pending subdivisions in the interim moratorium. She explained the history of the 60-Day Law
or Section 15.99 which provides for Cities to act within a certain time period or find a reason
to deny a subdivision application. She stated that the Interim Ordinance Act does not prohibit
the pending development applications from being subject to the interim ordinance. She said
she felt that subdivisions should not be ruled by Sect. 15.99 that only PUD applications
should. She said if Council would like to adopt an interim moratorium it could stop the time
clock on subdivision applications but it would be the Council's decision. She said she thought
the Council could go back to the ordinance and amend it and that other cities have had a
moratorium on pending subdivision applications.
Ms. Paula Callies, Callies Law, 5500 Wayzata Blvd representing three of the parties with
pending subdivision applications, said that the law is clear that you cannot apply the
moratorium to pending subdivision applications. She said the 15.99 rule states a decision
must be made within 60 days. She gave additional history on the rule and said she felt the
law was clear and cities must follow the deadline stated. She said the law does not support a
moratorium and to protect the planning process it should not be applied to existing
applications.
Mr. Mark Thieroff, of Siegel Brill P.A., 100 Washington Ave representing the Lecy Group,
1801 Noble Drive, said he felt that PUD applications should be left out of the moratorium. He
said that there are only two PUDs in question and his client's property was never platted for
residential use. He stated his client had contacted the City regarding the moratorium before
they submitted their application and the City indicated that if the application was submitted
before the moratorium it should not be subjected to it.
Mr. Drew Dornbusch, 250 Paisley Lane, stated he is one of the pending applicants and that
the Council should recognize the other attorneys are representing their clients and only the
City Attorney would be watching out for the City.
The Council continued their discussion regarding the moratorium on Subdivisions and
Planned Unit Development that include a single Family Residential Component.
MOTION made by Mayor Harris, seconded by Council Member Clausen to direct staff to draft
an amendment to the interim ordinance so that it acts on new and existing subdivisions
applications except for those who have preliminary approval and it acts on new PUD
applications that include a single family residential component, upon a vote being taken the
following voted in favor of: Harris, Clausen and Fonnest and the following voted against:
Snope and Schmidgall and the motion carried.
6B. METRO Blue Line Extension Update
Planning Manager Zimmerman presented the staff report and answered questions from the
Council.
MOTION made by Council Member Schmidgall, seconded Council Member Snope to receive
and file the METRO Blue Line update and the motion carried unanimously.
Official City Council Minutes -5- October 21, 2014
6C. Announce of Meetings
Some Council Members may attend the Neighborhood Watch Annual Meeting on October 23,
2014.
The Fall Leaf Drop-off will be held on October 25, 2014, from 8 am to 1 pm, October 31, 2014,
from 8 am to 4 pm, and November 1 from 8 am to 1 pm at Brookview Park.
Some Council Members may attend the Hidden Lakes Neighborhood Meeting on October 28,
2014, at Regency Hospital.
The 4th Annual Valley Volunteer Day will be held on October 30, 2014, at various Golden
Valley locations.
The General Election will be held on November 4, 2014, at the various polling place locations.
The next City Council Meeting will be held on November 5, 2014, in the Council Chambers.
The Human Rights Commission Meeting will be held on November 6, 2014.
The League of Minnesota is offering a free webinar for Council regarding Zoning decisions.
6D. Mayor and Council Communication
Assistant City Manager Knauss provided an update on the property located at 2241 Legend
Drive.
7. Adjournment
MOTION made by Council Member Snope, seconded by Council Member Clausen, and the
motion carried unanimously to adjourn the meeting at 10:37 pm.
Shep rd Harris, Mayor
ATTEST:
�.-
Kri tine A. Luedke, City Clerk