04-07-15 - City Council Minutes City of OFFICIAL MINUTES
CITY COUNCIL MEETING
voWnGOLDEN VALLEY, MINNESOTA
valleyApril 7, 2015
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Roll Call
Present: Mayor Harris, Council Members Clausen, Schmidgall, Snope and Fonnest
1 B. Pledge of Allegiance
The Boy Scouts of Troup 476 lead the Council in the Pledge of Allegiance.
1 C. Board/Commission Oath of Office and Presentation of Certificate of
Appointment
Mayor Harris administered the Oath of Office and presented a Certificate of Appointment to
Denise LaMere-Anderson who was appointed to the Human Services Fund.
1 D. Proclamation for Genocide Awareness and Prevention Month - April 2015
Members of the Human Rights Commission presented the Proclamation to the Council.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to sign
the Proclamation for Genocide Awareness Month and the motion carried unanimously.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the agenda of April 7, 2015, as submitted and the motion carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the consent agenda of April 7, 2015, as revised: removal of 3F-Ordinance #548
amending Chapter 12 on Subdivision Regulations, 3J- Resolution accepting a donation
for a memorial bench, 3M-Resolution authorizing execution of agreement with Urban
Hennepin County and for Jewish Housing and Programming and 3N-Resolution
supporting improvements to the 36-Inch pipe for water service for the Joint Water
Commission Cities and the motion carried unanimously.
3A1. Approve Minutes of the Strategic Planning Retreat - February 5, 2015
3A2. Approve Minutes of the Strategic Planning Retreat - February 23, 2015
3A3. Approve Minutes of the Strategic Planning Retreat - March 12, 2015
3A4. Approve Minutes of the Strategic Planning Retreat - March 14, 2015
3A5. Approve Minutes of the City Council Meeting - March 17, 2015
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. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Fundraising Bankers.
3C2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Sons of the American Legion Post 523.
3C3. Approve solicitor's license for James Hardie Building Products.
3C4. Authorize issuance of General licenses as recommended by staff.
Official City Council Minutes -2- April 7, 2015
3. APPROVAL OF CONSENT AGENDA - continued
3C5. Authorize issuance of Multi-Family Rental Property licenses as recommended by staff.
3C6. Authorize issuance of a Therapeutic Massage Facility License for Core Healing Arts
LLC located at 1405 North Lilac Drive, Suite 113D.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - March 9, 2015
2. Environmental Commission - February 23, 2015
3. Teen Committee - December 22, 2014
4. Human Rights Commission - February 24, 2015
5. Joint City Council and Planning Commission - February 9, 2015
6. Joint Environmental Commission and Open Space and Recreation Commission -
February 23, 2015
7. Bassett Creek Watershed Commission - February 19, 2015
3E1. Adopt Resolution 15-26, Authorizing Cooperative Construction Agreement with the
State of Minnesota Transportation Department.
3E2. Authorize a contract to Century Fence Company in the amount of $22,465.40 for the
2015 Pavement Marking Project, City Project No. 15-04.
3E3. Award a contract for the 2015 Asphalt Overlay Project to the lowest responsible
bidder, Omann Brothers Paving, Inc., for the Base Bid and Alternate Bid 1, in the
amount of $599,916.99.
3E4. Award a contract for the Twin Lake Alum Treatment Project to the lowest responsible
bidder, HAB Aquatic Solutions, in the amount of $39,340.
3E5. Approve purchase of one Dodge Charger Police Sedan from Nelson Auto Center for
the total purchase price of$30,063.71.
3E6. Approve the purchase of the E45 T4 Bobcat Compact Excavator from Tri-State
Bobcat, Inc. for the total amount of$54,600.
3E7. 1. Approve purchase of two Vehicle Maintenance Hoists from Rotary Lift in the
amount of, including freight, $17,020.83.
2. Approve installation of two vehicle maintenance hoists from Lube-Tech in the
amount of $11,600.
3. Approve engineering services for hoist installation from Environmental Process,
Inc. in the amount of $4,800.
3F. Adopt seGGRd GensideratiOR, Ordinance #548, Amending Chapter 12: Subdivision
3G. Approve issuance of an On-Sale Intoxicating Liquor License with Sunday Sale to
ShoGun Golden Valley Inc. d/b/a Sushi X, located at 6440 Wayzata Boulevard.
3H. Approve requests for beer and/or wine at Brookview Park as recommended by staff.
31. Approve an extension for submittal of the Final PUD Plan application for Golden Villas
PUD No. 118 until October 4, 2015. }�
3.Adiept Resolution 7, A---Pr� flvrnTatf8n fir�rv"r�''rrtttl. Family f R Chosen fer
3K. Adopt Resolution 15-28, Authorizing Transfer of $100,000 from the Building
Improvement Fund to the Cable Improvement Fund.
X. Adopt Resolution 15-29, Temporarily Restricting Vehicle Parking for Walk for Animals.
3M�n7.. t Resolution lutio 15_30,v Auth�♦�
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ivont to Subre inniet
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AgreerneRt with Urban Hennepin County and ARy Third Party Agreements for jewish
3N. A opt
e8e n-15-3�� er+lnrr Making improvements_te the 36 Innh Dine fnr
, ��vrnrr9�vTanT'�-i - �v�tt�c-aver rcrr-r--Tpc-rvr
Water SeWi'ee for the joint Water ('nmmissmeno (�s
30. Receive and file the February 2015 Financial Reports.
3P. Adopt Proclamation designating April 22, 2015, as Earth Day in Golden Valley.
Official City Council Minutes -3- April 7, 2015
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F. Adopt second consideration, Ordinance #548, Amending Chapter 12: Subdivision
Regulations, regarding Modifications from the 2014-2015 Subdivision Study.
Planning Manager Zimmerman gave an overview of the ordinance and answered questions
from Council.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
on second consideration, Ordinance #548, Amending Chapter 12: Subdivision Regulations,
regarding Modifications from the 2014-2015 Subdivision Study upon a vote being taken the
following voted in favor: Fonnest, Clausen and Harris and the following voted against: Snope
and Schmidgall and the motion carried.
3J. Accepting a Donation from the Family of Ron Chesen for Brookview Golf Course
Memorial Bench.
Council recognized the family of Ron Chesen for their donation of a Memorial Bench for
Brookview Golf Course.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
Resolution 15-27, Accepting a Donation from the Family of Ron Chesen for Brookview Golf
Course Memorial Bench upon a vote being taken the following voted in favor of: Harris,
Snope, Clausen, Schmidgall and Fonnest and the following voted against: none and the
motion carried.
3M. Authorize Execution of Amendment to Subrecipient Agreement with Urban
Hennepin County and Any Third Party Agreements for Jewish Housing and
Programming.
Mayor Harris recused himself from the vote because he is a member of the Advisory Board
for the Jewish Housing and Programing and excused himself from the Council Chambers.
Mayor Pro-tem Snope presided over the item.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
adopt Resolution 15-30, Authorizing Execution of Amendment to Subrecipient Agreement
with Urban Hennepin County and Any Third Party Agreements for Jewish Housing and
Programming upon a vote being taken the following voted in favor of: Snope, Fonnest,
Clausen and Schmidgall, the following voted against: none, the following abstained: Harris
and the motion carried.
3N. Support Improvements to the 36-Inch Pipe for Water Service for the Joint Water
Commission Cities.
City Manager Burt answered questions from the Council.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
Resolution 15-31, Supporting Making Improvements to the 36-Inch Pipe for Water Service
for the Joint Water Commission Cities upon a vote being taken the following voted in favor of:
Harris, Snope, Clausen, Schmidgall and Fonnest and the following voted against: none and
the motion carried.
Official City Council Minutes -4- April 7, 2015
4. PUBLIC HEARING
4A. Public Hearing - Final PUD Plan Central Park West PUD No. 121 - 1400 and 1500
State Highway 100 South, 5075 Wayzata Boulevard, 1511 Utica Avenue South —
Central Park West, LLC, Applicant
Associate Planner/Grant Writer Goellner presented the staff report and answered questions
from Council. City Engineer Oliver answered questions from Council.
Mr. David Graham, ESG Architects, reviewed the overall design vision of the project which
included details of the Central Park, the streetscape plan for Utica Boulevard, and ways they
plan to reduce traffic. He said the developers plan to create a sustainable, higher density,
green series of streets and pedestrian walkways in which the gateway through the Central
Park will be key. He answered questions from Council.
Mr. Mike Kotila, Traffic Consultant with SEH, Inc., said a neighborhood meeting was held and
the neighbors did have concerns regarding the traffic study. He explained the overall facts
and figures that were reported in the study. He showed a map of the intersection and said the
recommended action is to add turn lanes at Quentin and Wayzata Boulevard and to make it
at an all-way stop. He answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Gary Cohen, 4530 Douglas Avenue, said the traffic issues date way back and will only
continue to get worse as the development progresses. He said he appreciates the traffic
study done and recommended that traffic continue to be monitored over the next few years to
measure the impact before and after the development. He said he would like the traffic
monitoring added as a recommendation to the PUD agreement and felt the cities of Golden
Valley and St. Louis Park should work together on the traffic issues.
Mr. Dave Sussman, 1445 Fairlawn Way, said he is concerned that if a stop sign is added at
the intersection of Fairlawn and Wayzata Boulevard it will back up traffic and make it harder
to make a left hand turn. He said a stop light may make it easier to cross over the avenue.
Mr. Otis Godfrey, 4536 Douglas Avenue, said he does not agree with the engineers regarding
the fact that the threshold of concern for traffic in the area had not yet been met because he
felt it was met a while ago. He said the development will have a direct impact on his
neighborhood because 3,500 more cars will be parked 100 yards from it and he is concerned
the cars will cut through his neighborhood if drivers get frustrated with the traffic. He said the
study should continue with each phase in case the increase is more than what is expected.
Mr. Robert Lazear, 1519 Natchez Avenue S, asked whether a 3-way stop at Quentin was in
the PUD as a recommendation. He said the traffic problems will continue because of the
design of 1-394 and the design cannot be changed but it needs to be recognized as the
project moves forward. He said he would like to see the traffic study continue in case the
traffic is worse than expected because a traffic stop light may need to be installed instead.
Mr. Robert Kolasa, 117 Paisley Lane, said however the traffic problem is solved, it is
important to continue to monitor the traffic flow. He asked what would happen at the other
intersections in the area because the solution the City of Golden Valley comes up with will
only be as good as how well the other neighboring Cities' intersections are managed.
Official City Council Minutes -5- April 7, 2015
4A. Public Hearing - Final PUD Plan Central Park West PUD - continued
Ms. Marti Micks, 90 Louisiana Avenue, asked what the advance of the development would be
for Golden Valley residents and would it increase their housing valuations considering the
cost needed for extra police and fire services and would it be a connector between Golden
Valley and St. Louis Park for water. She said negotiations should be done now with Metro
Transit to provide bus service to the area to help reduce traffic.
Ms. Daon Karpan, 1400 Natchez Avenue S, said she does not believe the traffic increase will
only be 15% because she has not seen enough data showing where the numbers were
coming from. She said she is concerned the cars will realize they can cut through the
neighborhood and hoped those numbers would be considered also. She said beautification
on Lilac Drive has stopped and that the underpass was dark and dirty. She said she would
prefer to have a traffic light instead at the intersection because it is more pedestrian friendly.
Mr. Brian Walvatne, 227 Paisley Lane, said he has biked along the road and that the cars do
go fast. He asked what the standard road width is and if it would accommodate bike lanes.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the Final PUD Plan for the Central Park West
PUD located at 1400 and 1500 State Highway 100 South, 5075 Wayzata Boulevard, 1511
Utica Avenue South for Central Park West, LLC, Applicant.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt Ordinance #550, Approval of Final PUD Plan, Central Park West PUD No. 121,
Central Park West, LLC, Applicant, upon a vote being taken the following voted in favor of:
Harris, Schmidgall, Snope, Fonnest and Clausen, the following voted against: none and the
motion carried.
MOTION made by Mayor Harris, seconded by Council Member Fonnest to reevaluate the
traffic patterns after each phase of the development with engagement with the neighborhood,
to recommend the Traffic Safety Committee consider increasing patrols if it is warranted in
the area during peak times, and to direct staff to have conversations with MnDOT and the
developer about addressing public safety issues and for the potential greening of the
underpass upon a vote being taken the following voted in favor of: Harris, Snope, Fonnest
and Clausen, the following voted against: Schmidgall and the motion carried.
4B. Public Hearing - Ordinance #551 - Amending Section 11.21, Side Setbacks of
Principal Structures
Planning Manager Zimmerman presented the staff report and answered questions from
Council. City Manager Burt and City Attorney Barnard answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Roy Lecy, 1801 Noble Drive, said every plat approved should have fairness because a lot
of work goes into platting homes. He said the City has the most restrictive codes of all of the
neighboring ones and asked what the restrictions are helping because if the houses are
required to be narrower, they will be built farther back in the lots. He said he builds a lot of
ramblers but the people who will be penalized by this are those who need larger two story
houses. He said he does not know how the rules can change and what the City would gain.
Official City Council Minutes -6- April 7, 2015
4B. Public Hearing - Ordinance #551 - Amending Section 11.21 - continued
Mr. Peter Knaeble, 6001 Glenwood Avenue, said it needs to be remembered that staff said
they supported the interpretation of these side setbacks. He said the Planning Commission
made a recommendation but there was no notice sent out and the builders in the City were
not aware of the changes. He recommended sending it back to Planning Commission to
rewrite it and to take into account what was done in the past.
Ms. Kristin Pavek, 513 Meadow Lane, said she would not like to see large homes because
they are not as green, but felt there are other consequences of the rules. She said they
bought their house assuming they would be able to build a garage someday. She said it
seems the point of law is to keep the neighborhood the same and if people would like to
rebuild their home that they will not be able to. She asked if reducing the size of the homes is
worth it to keep the neighborhood the same and what effect it has if people are unable to
build garages and have to park cars outside. She said she does not think the people who
own 40 foot wide lots added input to the discussion.
Dr. Paul Olin, 6900 Harold Avenue, said he is concerned about the interpretation change
because he has empty lots next to him. He said the issue should be sent back to the
Planning Commission to review.
Mr. Casey Pavek, 513 Meadow Lane, said he echoes what his wife said earlier and he likes
the picture of the home that was shown and hoped one day to build something similar.
Mr. Steve Shapiro, 219 Meadow Lane, said people can request a variance for special
circumstances and that everyone knew the interpretation staff has been using is not the one
the Planning Commission recommended. He said this ordinance is not changing the rules but
only enforcing them. He said the 14 permits already submitted knew the interpretation was
wrong and the approval process should stop immediately. He said the laws that were passed
in 2007 should be used.
Ms. Diane Richard, 217 Paisley Lane, said she would like to know the status of the property
next door to her which has been approved but has not been built yet. She said the topic is not
about fairness but of a legal definition of the ordinances. She said there are two sides to the
issue one of the residents that live in the neighborhood, and the other of the builders who are
making money in neighborhood but not living there. She showed a picture of two homes in
her area and asked what the design guideline for height is? She said she would like a freeze
on the all plans going forward until legal counsel can address the issue.
Mr. Mark Dietz, 207 Sunnyridge Lane, asked why the innocent neighbors are being affected
by an error in the Zoning Code interpretation. He said the neighborhood is disgruntled
because the Zoning Code was not being followed and felt following it is not discretional.
Mayor Harris closed the public hearing.
There was much Council discussion regarding amending Section 11.21, Side Setbacks of
Principal Structures in the R1 Zoning District.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to adopt
Ordinance #551, Clarifying Side Setbacks of Principal Structures in the R-1 Zoning Districts
upon a vote being taken the following voted in favor of: Harris, Snope and Fonnest and the
following voted against: Clausen and Schmidgall and the motion carried.
Official City Council Minutes -7- April 7, 2015
4113. Public Hearing - Ordinance #551 - Amending Section 11.21 - continued
MOTION made by Council Member Fonnest, seconded by Council Member Snope to refer
Subdivision 11 of Section 11.21 to the Planning Commission for a more complete definition of
the side setbacks and height requirements and the motion carried unanimously.
4C. Public Hearing - Ordinance #552 - Amending Section 11.21, Subdivision 12 (E)
and (J) Single Family Zoning District (R-1), to Modify the Size of Accessory
Structures
Planning Manager Zimmerman presented the staff report and answered questions from
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 Fonnest to
adopt Ordinance #552, Amending Section 11.21, Subdivision 12 (E) and (J) Single Family
Zoning District (R-1), to Modify the Size of Accessory Structures upon a vote being taken the
following voted in favor of: Harris, Fonnest and Clausen, and Schmidgall the following voted
against: none and the motion carried.
6. NEW BUSINESS
6A. Approval of Plat - Central Park West PUD No. 121 and Authorization to Sign PUD
Permit and PUD Development Agreement - Central Park West PUD No. 117
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
adopt Resolution 15-32, Approval of Plat - Central Park West PUD No. 121, upon a vote
being taken the following voted in favor of: Harris, Snope, Clausen, Fonnest and Schmidgall,
the following voted against: none and the motion carried.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to
authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement
for Central Park West PUD No. 121 and the motion carried unanimously.
613. Announcement of Meetings
Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 11,
2015, beginning at 7:45 am at the Brookview Community Center.
The next Housing and Redevelopment Authority meeting will be held on April 14, 2015, at
6:30 pm.
The next Council/Manager meeting will be held on April 14, 2015, after the Housing and
Redevelopment Authority meeting.
Some Council Members may attend a presentation "Preventing Genocide Program" on April
18, 2015, from 10 - 11:30 am at the Crystal Community Center.
Official City Council Minutes -8- April 7, 2015
613. Announcement of Meeting - continued
A Neighborhood Watch Community Meeting will be held on April 20, 2015, at the Golden
Valley Police Department Training Room.
The next City Council meeting will be held on April 21, 2015, at 6:30 pm.
Some Council Members may attend the Golden Valley Rotary Club event on April 18, 2015,
beginning at 6 pm at Brookview Community Center.
City Manager Burt reviewed the April 14, 2015, Council/Manager meeting agenda.
6C. Mayor and Council Communication
Mayor Harris updated Council on the concern from the Sweeney Lake Association the water
levels in the lake.
Mayor Harris asked Council if they would like to schedule a team building event. Council
agreed to schedule a meeting for April 14, 2015, at 5:30 pm.
Mayor Harris updated Council on an incident that a concerned resident reported regarding the
waste hauling issue.
7. Adjournment
MOTION made by Council Member Snope, seconded by Council Member Schmidgall, and
the motion carried unanimously to adjourn the meeting at 10:44 pm.
Shepard Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk