05-05-15 - City Council Minutes ctty Of � OFFICIAL MINUTES
goldMl! LD CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
aIle May 5, 2015
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1 A. Roll Call
Present: Mayor Harris, Council Members Clausen, Schmidgall, Snope and Fonnest
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 May 5, 2015, as submitted and the motion carried unanimously.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to
approve the consent agenda of May 5, 2015, as revised: removal of items: 31-Resolution
Authorizing Submittal for Bikeway Participation Program and 3L-Approve the revised Bylaws
for the Environmental Commission, Human Rights Commission, Open Space & Recreation
Commission, and Planning Commission and the motion carried unanimously.
3A1. Approve Minutes of the Council/Manager Meeting - February 10, 2015
3A2. Approve Minutes of the City Council Meeting - April 23, 2015
3113. Approve City Check Register and authorize the payments of the bills as submitted.
3C1. Approve solicitor's license for the Budget Exteriors, Inc.
3C2. Authorize the Issuance of the License as recommended by Staff.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1 . Planning Commission - April 13, 2015
2. Human Rights Commission - March 26, 2015
3. Board of Zoning Appeals - February 24, 2015
3E. Accept Letter from Craig McDaniels regarding Resignation from Human Service Fund.
3F. Approve the requests for beer and/or wine at Brookview Park as recommended by
staff.
3G. Adopt a Proclamation for Arbor Day - May 15, 2015, and Arbor Month - May 2015 in
the City of Golden Valley.
3H. Adopt upon second consideration Ordinance #554, Amending Sections 6.34: Tobacco
and 10.67: Smoke Free Environment to prohibit sale and use of e-cigarettes in public
and work places.
31. Adept Resolution 15-37, Autherizing Submittal for the Hennepin Geunty Bikeway
3J. Adopt Resolution 15-38, Authorizing Execution of Assignment and Assumption
Agreements with Jewish Housing and Programming.
3K. Receive and file the Notice of Metropolitan Council Action regarding the General Land
Use Plan, Comprehensive Plan Amendment, for 7751-7775 Medicine Lake Road,
2430 and 2480 Winnetka Avenue North, and 2485 Rhode Island North.
Official City Council Minutes -2- May 5, 2015
3. APPROVAL OF CONSENT AGENDA - continued
3M. Approve the following Board and Commission reappointments:
Board of Zoning Appeals Environmental Commission
David Perich 1 year-expires 5/1/16 Dawn Hill 3 years-expires 5/1/18
George Maxwell 1 year-expires 5/1/16 Larry Johnson 3 years-expires 5/1/18
Nancy Nelson 1 year-expires 5/1/16 Human Services Fund
Richard Orenstein 1 year-expires 5/1/16 Kathryn Frommer 3 years-expires 5/1/18
Planning Commission Open Space and Recreation Commission
Ronald Blum 3 years-expires 5/1/18 Bob Mattison 3 years-expires 5/1/18
Andy Johnson 3 years-expires 5/1/18 Daniel Steinberg 3 years-expires 5/1/18
Civil Service Commission
Ben Peterson 3 years-expires 5/1/18
3. ITEMS REMOVED FROM THE CONSENT AGENDA
31. Adopt Resolution 15-37, Authorizing Submittal for the Hennepin County Bikeway
Participation Program.
City Engineer Oliver answered questions from Council.
MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt
Resolution 15-37, Authorizing Submittal for the Hennepin County Bikeway Participation
Program upon a vote being taken the following voted in favor: Harris, Snope, Fonnest,
Clausen and Schmidgall and the following voted against: none and the motion carried.
3L. Approve the Revised Bylaws for the Environmental Commission, Human Rights
Commission, Open Space & Recreation Commission, and Planning Commission.
MOTION made by Council Member Clausen, seconded by Council Member Snope to
approve the revised Bylaws for the Environmental Commission, Human Rights Commission,
Open Space & Recreation Commission, and Planning Commission and the motion carried
unanimously.
4. PUBLIC HEARING
4A. Public Hearing - Preliminary PUD Plan for Liberty Crossing PUD No. 123 - 7751-
7775 Medicine Lake Road, 2430 and 2480 Winnetka Avenue North, 2485 Rhode
Island Avenue North - Intuitive Investments, Applicant
Planning Manager Zimmerman stated that items 4A and 4B are related. He presented the
staff report and answered questions from Council. Physical Development Director Nevinski
answered questions from Council.
Mr. Todd Schachtman, Applicant, reviewed the plans and answered questions from Council.
Ms. Elisa Richardson, Tanek Architects, answered questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
There was Council discussion regarding the Preliminary Plan PUD No. 123 for Liberty
Crossing.
Official City Council Minutes -3- May 5, 2015
4A. Public Hearing - Preliminary PUD Plan for Liberty Crossing - continued
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the Preliminary Plan for Liberty Crossing PUD No. 123 subject to the following
conditions and the motion carried unanimously-
1 .
nanimously:1 . The plans prepared by Tanek, submitted March 12, 2015, shall become a part of this
approval.
2. The recommendations and requirements outlined in the memo from the Fire
Department, dated April 8, 2015, shall become a part of this approval.
3. The recommendations and requirements outlined in the memo from the Engineering
Division, dated April 9, 2015, shall become a part of this approval.
4. Public bicycle racks or similar facilities for the parking/storage of a minimum of 14
bicycles shall be provided, based on a calculation of 5% of the 276 parking spaces
required for the apartment building.
5. All signage must meet the requirements of the City's Sign Code (Section 4.20).
6. The Final Plat shall include "P.U.D. No. 123" in its title.
7. A park dedication fee of $60,100, or 2% of the land value, shall be paid before release of
the Final Plat.
8. A traffic, pedestrian, and safety study shall be done as a part of the Final PUD proposal.
9. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
In addition the Council makes the following findings pursuant to City Code Section 11 .55,
Subd. 5(E):
1. Quality Site Planning. 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. The applicant worked closely with the City
during a lengthy pre-application process-and has continued to refine the proposal-in
order to accommodate the unique circumstances surrounding the site. The flexibility
allowed under a PUD is necessary to achieve the outcome that will not only benefit the
applicant, but the City as a whole. Staff believes this standard has been met.
2. Preservation. 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. Given the lack of open
space or other sensitive environmental features on the site today, there is little available
for the applicant to preserve. However, the proposal does take advantage of the natural
areas of Pennsylvania Woods and Decola Pond B to the east and, in partnership with
the City, will use a constructed swale to manage stormwater more effectively and result
in the creation of additional green space within in the Rhode Island Avenue right of way.
Staff believes this standard has been met.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land. The proposal not only provides for an increase in residential
density in an underutilized area well served by transit, but the creative inclusion of
regional flood storage within the development provides a benefit to the greater area.
Staff believes this standard has been met.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and
is consistent with the Comprehensive Plan and redevelopment plans and goals. The use
of this property for higher density residential use is compatible with the neighboring
property to the east and the density being proposed is consistent with the City's revised
Comprehensive Plan. Staff believes this standard has been met.
5. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City. The potential for reduction in
Official City Council Minutes -4- May 5, 2015
4A. Public Hearing - Preliminary PUD Plan for Liberty Crossing - continued
flooding along Medicine Lake Road and within the Decola Ponds area provides great
benefit to the City and its residents. Staff believes this standard has been met.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and
all other PUD ordinance provisions. The flexibility provided by the PUD allows for a
better site layout and coordination between the two uses on the site. Staff believes this
standard has been met.
413. Public Hearing - Ordinance #556 - Rezoning 7751-7775 Medicine Lake Road,
2430 and 2480 Winnetka Avenue North, and 2485 Rhode Island Avenue North,
Intuitive Investments, Applicant
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
adopt Ordinance #556, Rezoning 7751-7775 Medicine Lake Road, 2480 Winnetka Avenue
North, and 2485 Rhode Island Avenue North from Commercial to High Density Residential
(R-4) and 2430 Winnetka Avenue North from Light Industrial to High Density Residential (R-
4), Intuitive Investments, Applicant upon a vote being taken the following voted in favor of:
Harris, Fonnest, Schmidgall, Clausen and Snope, the following voted against: none and the
motion carried.
4C. Public Hearing - Amendments to the General Land Use Plan Map - 9000 and 9050
Golden Valley Road
Associate Planner Goellner presented the staff report and answered questions from Council.
Planning Manager Zimmerman and City Manager Burt answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Jerad Ducklow, 7002 6th Street North, Oakdale, real estate broker representing the
property owner of 9000 Golden Valley Road, said he is neither opposed nor supportive of the
amendment, but asked why the City would move forward before a residential buyer asked for
it. He asked if this amendment was approved, how long the property could continue to be
marketed as a potential commercial/retail use. He said the property owner has requested the
item be tabled, because a prospective buyer is planning to move forward and if the property
is re-guided the value of it could be harmed.
Mayor Harris closed the public hearing.
There was Council discussion regarding the proposed amendment to the General Land Use
Plan Map for 9000 and 9050 Golden Valley Road.
MOTION made by Council Member Clausen, seconded by Mayor Harris to adopt Resolution
15-39, Amendment to the General Land Use Plan Map Amendment for 9000 and 9050
Golden Valley Road upon a vote being taken the following voted in favor of: Harris, Fonnest,
Clausen and Schmidgall, the following voted against: Snope and the motion carried.
Official City Council Minutes -5- May 5, 2015
5. OLD BUSINESS
5A. Authorize City Manager to Sign Contract with Hammel, Green and Abrahamson
(HGA) for Replacement of Brookview Community Center Phase II
Director of Parks and Recreation Birno presented the staff report and answered questions
from Council. City Manager Burt answered questions from Council.
Ms. Nancy Blankfard, HGA, reviewed the different phases of the proposed replacement.
There was Council discussion regarding the different replacement phases for Brookview
Community Center.
MOTION made by Council Member Snope, seconded by Council Member Fonnest to adopt
Resolution 15-40, Authorizing the City Manager to sign a Contract with Hammel, Green and
Abrahamson for Replacement of Brookview Community Center Phase II upon a vote being
taken the following voted in favor of: Clausen, Snope, Schmidgall and Fonnest, the following
voted against: Harris and the motion carried.
5B. Second Consideration - Ordinance #555 - Amending Salaries for Mayor and
Council Members
Finance Director Virnig presented the staff report and answered questions from Council.
There was Council discussion regarding the proposed amendments to the Mayor and Council
Member salaries.
MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt
upon second consideration Ordinance #555, Amending Salaries of Mayor and Council
Members upon a vote being taken the following voted in favor of: Snope, Clausen and Harris,
the following voted against: Fonnest and Schmidgall and the motion carried.
6. NEW BUSINESS
6A. First Consideration - Ordinance #557- Adoption of Chapters 1305 and 1323 of the
2015 State Building Code
Physical Development Director Nevinski presented the staff report and answered questions
from Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
adopt upon first consideration Ordinance #557, Adopting Chapters 1305 and 1323 of the
2015 State Building Code upon a vote being taken the following voted in favor of: Harris,
Snope, Clausen, Schmidgall and Fonnest, the following voted against: none and the motion
carried.
6B. Announcement of Meetings
The 2015 Bike Rodeo will be held on May 6, 2015, at 6 at the Crystal Community Center.
Open for Business will have office hours at the City of Golden Valley on May 8, 2015, from 9
to 11 am in the Council Conference Room.
Official City Council Minutes -6- May 5, 2015
6113. Announcement of Meetings - continued
Week three of the 2015 Brush Pickup Program will begin May 11 , 2015, in the area south of
Highway 55.
The next Council/Manager meeting is May 12, 2015, at 6:30 pm.
Some Council Members may attend the Golden Valley Historical Society event on Human
Trafficking Awareness on May 14, 2015, at 6:30 pm at the Perpich Center of Arts Education.
Some Council Members may attend the Cornerstone Creek Neighborhood Meeting on May
14, 2015, from 6:30 to 8 pm at the Golden Valley Byerly's Community Room.
The next City Council meeting is May 19, 2015, at 6:30 pm.
Some Council Member may attend the PRISM's 2nd Annual Gala on May 28, 2015, from 5 to
9 pm at the Metropolitan Ballroom.
6C. Mayor and Council Communication
Council Member Snope stated Xcel Energy is tree trimming in Golden Valley neighborhoods.
City Manager Burt reviewed the agenda for the Council/Manager Meeting of May 12, 2015.
Council Member Clausen stated someone may be in the Golden Valley area saying a tree
needs to be taken down due to emerald ash borer and it may be a scam. City Manager Burt
stated if residents are concerned about a tree to call the City Forester.
Council Member Snope stated there have been a lot of discussions on social media lately and
Council Members may not participate in it because they prefer to conduct their business at the
City Council meeting in a public format and asked people to stay respectful of others.
City Manager Burt updated Council on the CenterPoint - Douglas Drive construction on the
loop line through Golden Valley.
7. Adjournment
MOTION made by Council Member Schmidgall, seconded by Council Member Snope, and
the motion carried unanimously to adjourn the meeting at 9:01 pm.
Shepard Harris, Mayof
ATTEST:
Kristine A. Luedke, City Clerk