11-17-15 - City Council Minutes city of OFFICIAL MINUTES
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CITY COUNCIL MEETING
Ile GOLDEN VALLEY, MINNESOTA
November 17, 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, Fonnest, Schmidgall and Snope. Also
present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke.
1B. Pledge of Allegiance
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Snope, seconded by Council Member Clausen to amend
the agenda of November 17, 2015, as revised: removal of Item 3H-Call for Public Hearing to
vacate Easements and to bring it back to a future Council Meeting and the addition of an
Ordinance Summary to Item 4C-Amending Section 11 .55 Planned Unit Developments and
the motion carried.
MOTION made by Council Snope, seconded by Council Member Schmidgall to approve the
agenda of November 17, 2015, as amended and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Schmidgall to
approve the consent agenda of November 17, 2015, as revised: removal of 3E-Purchase
Galaxy Radio Transmitter Modules for Water Meter Reading System and the motion carried.
3A1. Approve Minutes of the City Council Meeting of November 4, 2015.
3A2. Approve Minutes of the Special City Council Meeting of November 10, 2015.
3B1. Approve City Check Register and authorize the payments of the bills as submitted.
3B2. Approve Housing and Redevelopment Authority Check Register and authorize the
payments of the bills as submitted.
3C. Issue an On-Sale Wine (including strong beer) and Non-Intoxicating Malt Liquor
License to The Early Bird Café dba Mort's Delicatessen located at 525 Winnetka
Avenue with a license term through June 30, 2016.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1 . Human Services Fund - October 12, 2015
2. Open Space and Recreation Commission - July 27, 2015
3. Environmental Commission - August 24, 2015
3E1. • - - - -- - - - - _. ' - - - - ••• _ 1.4
e- - -- - • ' ' • - _ . .
3F. Adopt first consideration, Ordinance #583, establishing A 2016 Master Fee Schedule.
3G. Adopt Resolution 15-88, restricting parking on portions of Douglas Drive, Sandburg
Road, Country Club Drive, and the North TH 55 Frontage Road.
34. ' eee - - e - e - - ' -- e '. e . — - e e - e • - -- - e -
Official City Council Minutes -2- November 17, 2015
3. APPROVAL OF CONSENT AGENDA - continued
31. Approve the following Board and Commission Appointments:
Human Services Fund
Aaron Black 1 year - expires 5/1/16
Scott Charlesworth-Seiler 2 years - expires 5/1/17
Sarah Meyerring 3 years - expires 5/1/18
Open Space and Recreation Commission
Andrew Bukowski 3 years - expires 5/1/18
Human Rights Commission
Nabil Pruscini 3 years - expires 5/1/18
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3E1. Purchase Galaxy Radio Transmitter Modules from Water Meter Reading System
Physical Development Director Nevinski answered questions from Council.
MOTION made by Council Member Clausen, seconded by Council Member Snope to
approve the purchase of the Galaxy Radio Transmitter Model 25 Gallon RTR with Galaxy
Modules from Metering Technology and Solutions for a cost of $45,000.00 and the motion
carried.
4. PUBLIC HEARING
4A. Public Hearing - Preliminary Plat Approval - Calderjax Addition - 7200 Harold
Avenue
Planning Manager Zimmerman stated the public hearing for items 4A and 4B will be
combined in this discussion, but would be voted on individually. He answered questions from
Council. City Attorney Garry answered questions from Council.
Mayor Harris opened the public hearing.
Mr. Peter Knaeble, Civil Engineer representing both Applicants, stated the applicant at 7200
Harold Avenue has owned the property for 67 years and the other applicant moved in last
year and has done extensive remodeling of their home. He said the properties are currently
zoned R2 and according to the Subdivision Code it would allow for single or twin homes to be
built. He stated the applicants met with the neighborhood and that the neighbors have
submitted a petition in support of these minor subdivisions. He said the proposed custom
designed homes would be in the $450,000 to $500,000 price range and that two families are
already interested in the lots. He referred to the long driveway issue and stated that these
would fit into the tradition of the current neighborhood. He referred to the fire safety concerns
and stated that the homes on the back lots would be required to include a fire suppression
system. He referred to the Police concerns regarding the subdivision and stated he has
looked through past staff reports and that this was the first time he has seen a report on this
issue. He said in their situation the homes would have frontage on Harold and on Highway 55
which could be viewed from the highway. He said that higher density for the area would be a
fine goal if the properties were available and the neighbors supported it, but in this case there
are only two property owners and the neighbors support lower density development. He said
the Council gave them a challenge to come back with a 4-lot development and felt that this
project would meet that. He answered questions from Council.
Official City Council Minutes -3- November 17, 2015
4A. Public Hearing - Preliminary Plat Approval - Calderjax Addition - continued
Mr. Scott Lucas, Attorney representing both applicants, stated the applications should be
approved because they comply with the City Code. He read Section 12:50 Subd. 3(A) of the
Code that stated that the front of each lot should abut entirely on an improved public street
and that the definition of a "Street" in Section 12.03 is a public right-of-way for vehicular traffic
and it does include a highway. He suggested the definition of "right-of-way" is the property set
aside for use as a road whether it is paved or not, and that the Code states the "right-of-way"
of a street is the area between the street curb and lot line. He added that the properties will
not be land locked because an easement agreement will be a matter of the property record.
He offered two emails for the record.
Mr. Larry Kueny, 7303 Ridgeway Road, said he and the neighborhood thinks this would be
the best option for the properties and asked that the City approve it.
Mr. Perry Thom, 320 Louisiana Avenue North, said he would encourage the City to approve
this package. He said he built his home with the understanding that it would be a single
family home in the neighborhood. He stated he preferred two, one-million dollar homes but
felt this is a good project because it keeps the density low in the neighborhood. He said that
he felt this project was consistent with what was approved in the past.
Ms. Claire Alber, 7218 Harold Avenue, said she was displaced due to Eminent Domain for
the Douglas Drive Corridor project. She said she felt this application would be good for her
family, the neighborhood, and the City and would bring new families into the neighborhood.
She asked that the City approve this.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the Preliminary Plat Approval for the Calderjax
Addition located at 7200 Harold Avenue and the Alber Addition located at 7218 Harold
Avenue.
MOTION made by Council Member Snope, seconded by Mayor Harris to deny the
Preliminary Plat for Calderjax Addition, 7200 Harold Avenue, based on the information in the
record and the following findings, upon a vote being taken the following voted in favor of:
Snope, and Harris and the following voted against: Schmidgall and Clausen and the following
abstained: Fonnest, and the motion failed.
Findings:
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(A): The front of
each lot shall abut entirely on an improved public street. While Lot 2 is proximate to
Highway 55, it does not satisfy this requirement in Subdivision 3(A) because there is no
possibility that Lot 2 can abut the improved portion of Highway 55.
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(1): Approval will be
granted to any application that meets the established conditions. As the proposal
fails to meet Subd. 3(A), it also fails to meet Subd. 3(1) by definition.
Council Member Fonnest stated he had abstained from the vote due to the fact he had
additional questions for the City Attorney. City Attorney Garry answered the questions from
Council. Council Member Fonnest stated due to his oath of office, he could not vote in favor
of this subdivision because it does not satisfy the Code's requirements.
Official City Council Minutes -4- November 17, 2015
4k Public Hearing - Preliminary Plat Approval - Calderjax Addition — continued
There was discussion among the Council on the proper procedure to proceed under and by
consensus the Council agreed to consider again a motion to deny the proposal.
MOTION made by Council Member Snope, seconded by Mayor Harris to deny the
Preliminary Plat for Calderjax Addition, 7200 Harold Avenue, based on the information in the
record and the following findings, upon a vote being taken the following voted in favor of:
Snope, Fonnest and Harris and the following voted against: Schmidgall and Clausen and
motion carried.
Findings:
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(A): The front of
each lot shall abut entirely on an improved public street. While Lot 2 is proximate to
Highway 55, it does not satisfy this requirement in Subdivision 3(A) because there is no
possibility that Lot 2 can abut the improved portion of Highway 55.
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(1): Approval will be
granted to any application that meets the established conditions. As the proposal
fails to meet Subd. 3(A), it also fails to meet Subd. 3(1) by definition.
4B. Public Hearing - Preliminary Plat Approval - Alber Addition - 7218 Harold
Avenue
MOTION made by Council Member Snope, seconded by Mayor Harris to deny the
Preliminary Plat for Alber Addition, 7218 Harold Avenue, based on the information in the
record and the following findings, upon a vote being taken the following voted in favor of:
Snope, Fonnest and Harris and the following voted against: Schmidgall and Clausen and the
motion carried.
Findings:
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(A): The front of
each lot shall abut entirely on an improved public street. While Lot 2 is proximate to
Highway 55, it does not satisfy this requirement in Subdivision 3(A) because there is no
possibility that Lot 2 can abut the improved portion of Highway 55.
• Section 12.50, Minor Subdivisions and Consolidations, Subd. 3(1): Approval will be
granted to any application that meets the established conditions. As the proposal
fails to meet Subd. 3(A), it also fails to meet Subd. 3(I) by definition.
4C. Public Hearing - Ordinance #584 - Amending Section 11.55 Planned Unit
Developments
Associate Planner/Grant Writer Goellner presented the staff report and answered questions
from Council. City Manager Cruikshank and Planning Manager Zimmerman answered
questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the
public hearing.
Official City Council Minutes -5- November 17, 2015
4C. Public Hearing - Ordinance #584 - Amending Section 11.55 - continued
There was Council discussion regarding amending the City Code's Section 11 :55 Planned
Units Developments.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
adopt Ordinance 584, amending Section 11.55 Planned Unit Development upon a vote being
take the following voted in favor of: Schmidgall, Clausen, Fonnest, Snope and Harris; the
following voted against: none and the motion carried.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve the Summary of Ordinance #584 for publication and the motion carried.
6. NEW BUSINESS
6A. METRO Blue Line Extension Update
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
There was Council discussion regarding the METRO Blue Line Extension update.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
receive and file the METRO Blue Line Extension Update and the motion carried.
6B. Announcement of Meetings
Some Council Members may attend the League of Minnesota Cities/Metro Cities Regional
Meeting on November 18, 2015, at 1 :30 pm at the Minneapolis Ramada.
The City offices will be closed November 26 and 27, 2015, in observance of Thanksgiving.
The next City Council meeting will be December 1 , 2015, at 6:30 pm.
Some Council Members may attend the retirement party of St. Louis Park Mayor Jacobs on
December 3, 2015, from 5 to 7:30 pm at the Minneapolis Marriot West.
6C. Mayor and Council Communication
No action and/or discussion took place.
7. ADJOURMENT
MOTION made by Council Member Snope, seconded by Council Member Clausen and the
motion carried to adjourn the meeting at 8:56 pm.
1-4/4i7
Sheard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk