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09-16-14 CC Minutes cid OFFICIAL MINUTES , Z3"T golden CITY COUNCIL MEETING IGOLDEN VALLEY, MINNESOTA September 16, 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. National Anthem - Robbinsdale Cooper High School Chamber Singers 1C. Presentation of Awards - 2014 Photo Contest Mayor Harris presented the 2014 Photo Contest awards. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Clausen, seconded by Council Member Fonnest to approve the agenda of September 16, 2014, as revised: Amendment to Item 6A-Ordinance for Moratorium with replacement page for Ordinance 530 and addition of Items 3K- Board/Commission Appointments and 31--Receive and file correspondence regarding 6A- Ordinance #530 and the motion carried unanimously. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the consent agenda of September 16, 2014 as revised: addition of Items 3K- Board/Commission Appointments and 31--Receive and file correspondence regarding 6A- Ordinance #530 and removal of items: 3F-Resolution for Joint Powers Agreement and 3J- Resolution Acceptance of Grant and Donation and the motion carried unanimously. 3A1. Approve Minutes of City Council Meeting - August 19, 2014 3A2. Approve Minutes of City Council Meeting - September 2, 2014 313. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Approve Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Church. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - July 25, 2014 2. Human Services Fund - July 7, 2014 3E. Approve Authorization for the Mayor and City Manager to execute a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1 , 2015 through December 31, 2018. 3F. Adept Resolution 14-7-2 AppFeViRg the joint PeweFs AgreemeRt with Minneapelis and 3G. Approve an Extension for Submittal of the Final PUD Plan Application and the Final Plat for The Towers at West End, PUD No. 107 until January 14, 2015 subject to certain conditions. 31-11. To receive and file the August 2014 Financial Reports. 31. Adopt Resolution 14-73 for Approval of Plat for Golden Valley Homes. Official City Council Minutes -2- September 16, 2014 3. ITEM ADDED TO THE CONSENT AGENDA 3K. Approve the following Boards and Commission Appointments and Terms: Planning Commission Board of Zoning Appeals Andy Johnson 1 year-expires 5/2015 Richard Orenstein 1 year-expires 5/2015 Human Rights Commission Simon Gottlieb 2 year-expires 5/2016 3L. To Receive and file correspondence regarding Item 6A-Ordinance #530 imposing a six month Moratorium on Subdivisions and PUDs. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3F. Adopt Resolution 14-72 Approving Joint Powers Agreement with Minneapolis to Establish the Responsibilities for Sale of Water and Sewer Services within Golden Valley. Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt Resolution 14-72 for a Joint Powers Agreement with the City of Minneapolis and the City of Golden Valley to establish responsibilities for the sale of Water and Sewer Services by the City of Minneapolis within the City of Golden Valley and the motion carried unanimously. 3J. Adopt Resolution 14-74 Accepting Donations on behalf of City of Golden Valley Council thanked the citizens who had donated to the City of Golden Valley. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Resolution 14-74 accepting donations on by half of the City of Golden Valley and the motion carried unanimously. 4. PUBLIC HEARING 4A. Public Hearing - Ordinance No. 528 - Approval of Conditional Use Permit #137, 601 Boone Avenue North, TruStone Financial, Applicant Planning Manager Zimmerman presented the staff report and answered questions from the Council. City Attorney Schelzel answered questions from the Council. Mayor Harris opened public hearing. No one came forward. Mayor Harris closed public hearing. There was Council discussion regarding the Conditional Use Permit located at 601 Boone Avenue North from TruStone Financial. MOTION made by Mayor Harris, seconded by Council Member Fonnest to amend finding number 9 to add a condition requiring landscaping along Highway 55 upon a vote being taken the following voted in favor of: Harris, Clausen, Fonnest and Snope and the following voted against: Schmidgall and the motion carried. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to adopt Ordinance #528, Approval of Conditional Use Permit No. 137, 601 Boone Avenue North, TruStone Financial, Applicant and the motion carried unanimously. Official City Council Minutes -3- September 16, 2014 4B. Public Hearing - Ordinance #529 - Final Plan for Carousel Automobiles PUD No. 95, Amendment 3 - 9191 and 9393 Wayzata Blvd - Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant Planning Manager Zimmerman presented the staff report and answered questions from the Council. Mayor Harris opened public hearing. No one came forward. Mayor Harris closed public hearing. There was Council discussion regarding the Final Plan for Carousel Automobiles PUD located at 9191 and 9393 Wayzata Blvd from Twin Cities Automotive. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Ordinance #529, Approval of the Final Plan of Development, Carousel Automobiles PUD No. 95, Amendment #3, Twin Cities Automotive DBA Golden Valley TCA P., LLC, Applicant and the motion carried unanimously. 4C. Public Hearing - Preliminary PUD Plan for Golden Villas PUD No. 118 - 9130 and 9220 Olson Memorial Hwy - Golden Villas, LLC, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. Assistant City Manager Knauss answered questions from the Council. Mr. Bill Stoddard, the applicant, reviewed the application 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 Preliminary PUD Plan for Golden Villas located at 9130 and 9220 Olson Memorial Highway from Golden Villas, LLC. MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the Preliminary PUD Plan for Golden Villas PUD No. 118 subject to the following conditions with the addition of number 9 and the motion carried unanimously 1. The plans prepared by Gronberg & Associates, Inc., submitted with the application on July 25 and August 11, 2014, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department to Jason Zimmerman, Planning Manager, dated August 18, 2014, shall become a part of this approval. 4. The final design shall be reviewed by the City prior to Final Plan approval. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. A park dedication fee of $31,680 (2% of the estimated land value) shall be paid prior to approval of the Final Plat. 7. The Final Plat shall include "P.U.D. No. 118" in its title. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Applicant shall evaluate snow removal options for the site. Official City Council Minutes -4- September 16, 2014 4C. Public Hearing - Preliminary PUD Plan for Golden Villas PUD - continued 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. 4D. Public Hearing - Revision to Preliminary Plat - Kate's Woods - 221 Sunnyridge Lane - David Knaeble, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. Mr. David Knaeble, applicant, reviewed the application 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 revised Preliminary Plat for Kate's Woods located at 221 Sunnyridge Lane from Mr. Knaeble. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to approve the revised Preliminary Plat for Kate's Woods, 221 Sunnyridge Lane, subject to the following conditions with addition of number 5 upon a vote being taken the following voted in favor of: Snope, Fonnest and Schmidgall and the following 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 $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 5. The deck shall be modified or removed to comply with setbacks. 4E. Continued Public Hearing - Ordinance #527 - Amendments to Zoning Map - 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant Planning Manager Zimmerman presented the staff report and stated public hearing items 4E and 4F will be combined in this discussion, but voted on individually and answered questions from Council. Official City Council Minutes -5- September 16, 2014 4E. Continued Public Hearing - Amendments Zoning Map - continued Mayor Harris opened public hearing. No one came forward. Mayor Harris closed public hearing. MOTION made by Mayor Harris, seconded by Council Member Snope to table Ordinance #527, Rezoning 305 and 345 Pennsylvania Avenue South, to the City Council meeting of October 7, 2014 and the motion carried unanimously. 4F. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117 - 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. City Attorney Schelzel answered questions from the Council. Mr. Donald Jensen, applicant, reviewed the changes to the application and answered questions from Council. Mayor Harris opened public hearing. Mr. Steve Devitt, 235 Pennsylvania Ave S, questioned as to how long the association will be in place and said he felt there should be an entry point from Laurel Avenue. Ms. Caryl Eschweiler, 420 Pennsylvania Ave S, asked where the sidewalks will be and if she will be assessed. She said she is concerned about traffic in the area and receiving wall cracks in her house during construction. She said her neighborhood appreciates the communication from the developer and that they would prefer a smaller development, but realized it is not realistic so this plan would be a good choice. Mr. Edward Ratner, 115 Oregon Ave S, said he would like a sidewalk up to Western Avenue. He asked who has the right-of-way coming from Pennsylvania Avenue and if some of the new homes would be handicap accessible. Mr. Bob Held, 265 Pennsylvania Ave S, said he supports the development but stated he is concerned about not having sidewalks. Mr. Mark Friederichs, 7501 Western Ave, said he felt there should only be 10 to 12 new homes built and that he does not want this development in his neighborhood. Mr. Shawn Orr, 421 Quebec Ave, said he did not want a mixed use project across from him so he was excited about this development. Ms. Avis Held, 265 Pennsylvania Ave S, said she supports the development but would prefer fewer houses. She said she is concerned about traffic on Pennsylvania and would like a sidewalk added from Laurel to Western. Mr. Jay Hesby, Treasurer for Speak The Word Church, 515 Jersey Ave S., said the Church is interested in selling their property and would like to see the project keep move along. Mr. Ronald Hunter, 7500 Ridgeway Rd, said he is concerned about three things: parking, more night noise, and traffic. Mr. Devitt stated he is concerned about financing of the units and stated he heard earlier that the developer may help with the cost for the sidewalks. Official City Council Minutes -6- September 16, 2014 4F. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds - continued Mayor Harris closed public hearing. There was much Council discussion regarding the Preliminary PUD Plan for Laurel Ponds located at 305 and 345 Pennsylvania Avenue South from Lake West Development, LLC. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to approve the Preliminary Plan for Laurel Ponds PUD No. 117 subject to the following conditions upon a vote being taken, following vote in favor of: Snope, Fonnest and Schmidgall and the following voted against: Harris and Clausen and the motion carried. 1. The plans prepared by EVS, dated 6/13/14, submitted with the application and the revised plan prepared by EVS, dated 9/10/14, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Engineering Division to Mark Grimes, Community Development Director, dated July 10, 2014, shall become a part of this approval. 3. The recommendations and requirements outlined in the memo from the Fire Department to Mark Grimes, Community Development Director, dated July 7, 2014, shall become a part of this approval. 4. The Applicant shall submit a lighting plan as part of the Final PUD Plan set. 5. All principal buildings shall conform to the rear and side property setbacks when adjacent to a single family zoning district as outlined in Section 11.55, Subd. 3(C)(1). 6. No buildings shall be located less than fifteen feet from the back of the curb line for roads that are part of the internal road system as outlined in Section 11.55, Subd. 3(C)(2). 7. Unless a wavier is granted by the City, any streets constructed within the development shall be public streets as required in Section 11.55, Subd. 6(A)(6). 8. The Applicant shall install sidewalks along Pennsylvania Avenue running the length of the property and on the east side of the property south to Laurel Avenue. 9. The easement reduction request from 55 feet to 45 feet will be considered pending review of an enhanced landscaping plan. 10. The Applicant shall prohibit the installation of fences within the development. 11. The Applicant is encouraged to explore a range of housing types and designs. 12. Building materials shall be reviewed by the City prior to Final Plan approval. 13. Permits to construct parking bays on the property at 7400 Laurel Avenue shall be obtained by that property owner and shall not be located closer than fifteen feet to the side property line, as required in Section 11.47, Subd. 6(B), unless a variance is obtained. 14. Any cross parking agreements that are created shall be submitted to the City for review and shall be recorded with the Final Plat. 15. The Final Plat shall include "P.U.D. No. 117" in its title. 16. The City Attorney shall determine if a park dedication fee is required for this project prior to Final Plan approval. 17. All signage must meet the requirements of the City's Sign Code (Section 4.20). 18. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 19. A stop sign shall be installed on the Applicant's property at Pennsylvania and Quebec. 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. Official City Council Minutes -7- September 16, 2014 4F. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds - continued 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. 6A. Ordinance #530, Imposing a Six Month Moratorium on Subdivisions and Planned Unit Developments that include Single Family Residential Components Planning Manager Zimmerman presented the staff report and answered questions from the Council. City Attorney Schelzel answered questions from the Council. MOTION made by Mayor Harris, seconded by Council Member Clausen to allow public comments regarding the moratorium upon a vote being taken, following vote in favor of: Harris, Fonnest, Snope and Clausen and the following voted against: Schmidgall and the motion carried. Mr. Norman Abramson, 212 Sunnyridge Circle, said he submitted one of the petitions. He read state statute 426.355 and said he felt it did not bar existing applications from the moratorium. He said he felt it would be silly to pass an application and later deem it should not have been passed. He encouraged Council to get an objective written legal opinion whether the moratorium could extend to existing applications. Ms. Ann Cooper, 316 Meander, said she lives in Golden Valley because of the great neighborhoods. She said she felt that the City values trees but added with the current construction practices the trees are no longer being taken care of. She said she felt some of the houses being built were not keeping with the architecture of the neighborhoods. She said the Council has an opportunity for stewardship and they should embrace it. Ms. Lois Lenarz, 117 Paisley Lane, read the letter that she submitted earlier which became part of the consent agenda under item 3L. Mr. Robert Kolasa, 117 Paisley Lane, asked what guidelines were used for the moratorium as to what percentage of a neighborhood can be subdivided and if the applications submitted in last few days are a matter of public record. Mr. Mark Dietz, 207 Sunnyridge Lane, said he submitted one of the petitions and stated the neighbors are concerned about the trees in their neighborhood. He said he attended the Planning Commission Meeting regarding 200 Meadow Lane where it was discussed that they would wait to make a decision until after Council discussed the moratorium even though they did not want to make the builder wait. He said he supports the strategic planning process. Ms. Diane Richard, 217 Paisley Lane, said many residents have concerns about the wild life, architectural style and water runoff in their neighborhood. She said she felt the Council should create a brand for the City and would like everyone to vote in favor of the moratorium. Mr. Mike Lougee, 206 Sunnyridge Lane, said he was late with his letter and he handed it to the Clerk to be added to the record and added he would like a definite legal opinion. Official City Council Minutes -8- September 16, 2014 6A. Ordinance #530, imposing a Six Month Moratorium on Subdivisions - continued Ms. Bonnie Hoffman, 4020 Roanoke Circle, asked if she could see the neighborhood map as the item was discussed. Ms. Eva Lund, 4010 Roanoke Circle, said she supports the moratorium and felt that property rights should be monitored by the public entity. She said she would like these rights to be protected and defined within relationships. She said the reason she submitted the petition is she felt there should be an in-depth, thoughtful community process to identify the neighborhoods and protecting their rights not only as individual but collectively. Mary Jane Papas, 20 Ardmore Drive, said she speaking for herself and her husband. She said she is not against development, just irresponsible development. She said she agrees with what was said earlier and she appreciates the Council looking at a moratorium. Mr. Mark Friederichs, 7501 Western Ave, said he is concerned that the Laurel Ponds planned development in his neighborhood is for 30 homes. There was much Council discussion regarding the moratorium on Subdivisions and Planned Unit Developments containing residential and the possibility of adding existing subdivision applications under the moratorium. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Ordinance #530, Imposing a Six Month Moratorium on Subdivisions and Planned Unit Developments that include Single Family Residential Components upon a vote being taken the following voted in favor of: Harris, Fonnest and Clausen and the following voted against: Schmidgall and Snope and the motion carried. 613. Bottineau Transitway Update Planning Manager Zimmerman presented the staff report and answered questions from the Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen, to receive and file Bottineau Transitway Update and the motion carried unanimously. 6C. Authorization to Sign First Amendment to Addendum to Purchase Agreement with The Investor Group, LLC for 2241 Legend Drive Assistant City Manager Knauss presented the staff report and answered questions from Council and stated there was an error on the purchase agreement under number 6 the word "miss" should be changed to "meet." There was Council discussion regarding the addendum to the purchase agreement for 2241 Legend Drive from The Investor Group. MOTION made by Council Member Fonnest, seconded Council Member Clausen to Authorize the City Manager to sign the First Amendment to Addendum to Purchase Agreement with Investor Group, LLC for 2241 Legend Drive with the word change on number 6 upon a vote being taken the following for: Harris, Snope, Clausen and Fonnest and following voted against; Schmidgall the motion carried. Official City Council Minutes -9- September 16, 2014 611). Announce of Meetings The 2015 - 2016 Pavement Management Program Open House No. 1 will be held on September 17, 2014, from 4:30 to 7 pm in the Council Chambers. The 2015 - 2016 Pavement Management Program Open House No. 2 will be held on September 18, 2014, from 4:30 to 7 pm in the Council Chambers. The Golden Valley Human Services Foundation Golf Event will be held on September 19, 2014, starting at 8 am at Brookview Golf Course. The 7t" Annual Lilac Party will be held on September 27, 2014, from 9 am to 1 pm at the Welcome Center located at 6681 Country Club Drive. A Council Neighborhood Meeting will be held on September 30, 2014, from 7 to 8:30 pm at the Chester Bird American Legion. The next City Council meeting will be held on October 7, 2014, at 6:30 pm in the Council Chambers. 6E. Mayor and Council Communication A letter was received from The Hidden Lakes Association to host a neighborhood meeting on October 28 at 7 pm at Regency Hospital. Council thanked the Golden Valley Days planning committee for a great event this year. Council recognized the retirement of Nate Gove, Police Commander, from the Golden Valley Police Department. Council acknowledged the September 11 National Day of Service & Remembrance sponsored by Human Rights Commission. 7. Adjournment MOTION made by Council Member Snope, seconded by Council Member Fonnest, and the motion carried unanimously to adjourn the meeting at 11:39 pm. Shepar Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk