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12-18-18 City Council Minutes city,cat APPROVED MINUTES ,oroId t CITY COUNCIL MEETING valley GOLDEN VALLEY, MINNESOTA December 18, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. 1 C. Presentation of Bill Hobbs Human Rights Award Mayor Harris introduced the agenda item. The Human Rights Commission came forth and provided information on the Bill Hobbs Award. Mayor Harris presented the award to Ms. Rose McGee. Council thanked her for her service to the City. Ms. McGee thanked the Human Rights Commission and the City for the award. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to approve the agenda of December 18, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to approve the consent agenda of December 18, 2018, as revised: removal of 3T-Acceptance of Donations for Ongoing Programs and the motion carried. 3A1. Approve Minutes of City Council Meeting - December 4, 2018 3B. Approve City Check Register and authorize payment of the bills as submitted. 3C1. Approve the renewal of the cigarette/tobacco licenses for Amstar Gas Station, Down in the Valley, Feist Automotive Group, Golden Valley Country Club, Holiday Store #3, Golden Valley Liquor Barrel, Holiday Stationstore, J.J.'s Clubhouse, KKS Inc. - Potpourri Gifts, Schuller's Tavern, Speedway#4443 and #4497 and Walgreens stores #13841 and #430 from January 1, 2019, through December 31, 2019. 3C2. Approve renewal of gambling licenses as follows: Chester Bird American Legion Post; Hopkins Youth Hockey Association, North Star Search and Rescue, and Crystal Lions. 3C3. Approve renewal of therapeutic massage facility licenses as follows: Artistic Urges Hair Consultants, Massage Envy Spa, Care Healing Arts and Pucon Massage from January 1, 2019, through December 31, 2019. 3C4. Approve renewal of therapeutic massage facility licenses as follows: D-Way E.T.M and True Blue Massage & Bodywork from January 1, 2019, through December 31, 2019, pending a satisfactory completion of the background investigation. 3CS. Receive and file the gambling license exemption and approve the waiver of notice requirement for Sons of American Legion. 3C6. Approve the issuance of an On-Sale Wine (including strong beer) and 3.2 Malt Liquor License to Cajun Twist, located at 1221 Theodore Wirth Parkway for the license period through June 30, 2019, subject to satisfaction of the conditions required by the City Attorney. Approved City Council Minutes -2- December 18, 2018 3. APPROVAL OF CONSENT AGENDA - continued 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - November 26, 2018 3E1. Approve purchase of a 2019 Mack Granite 42BR SA single axle cab and chassis from Nuss Truck & Equipment in the amount of $116,483, equipment purchases from Towmaster Inc. in the amount of$106,406 and trade in Unit 768 to Nuss Truck & Equipment if the $26,000 reserve is not met after auction. 3F. Adopt Resolution 18-80, supporting submittal of application to Minnesota Department of Natural Resources Conservation Partners Legacy Grant Program. 3G. Adopt Resolution 18-81, for Approval of Plat - Nelson Addition. 3H1. Adopt Resolution 18-82, providing for Public Hearing on Certain Proposed Public Improvements, Proposed Project 19-01, 2019 Pavement Management Program. 3H2. Call for a Public Hearing for Certification of Special Assessments for Tuesday, January 15, 2019, at 6:30 pm and publish the required hearing notices. 31. Approve Second Amendment to Development Agreement Liberty Crossing PUD #123. 3J. Authorize City Manager to sign Engagement Letters with the firm of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2018 audit of the City. 3K. Adopt Resolution 18-83, delegating authority for paying certain claims to the position of Finance Director and in her/his absence to the Accounting Coordinator. X. Adopt Resolution 18-84, authorizing a contract with GMH Asphalt during a local emergency and approve change order#1 to dispose of debris-impacted material at Dem- Con Landfill in Shakopee. 3M. Adopt Resolution 18-85, amending the 2018 General Fund Budget for the Brookview Facility and Staff Attorney. 3N. Receive and file the November 2018 Financial Reports. 30. Approve the City of Golden Valley 2019 Legislative Priorities. 3P. Authorize City Manager to sign the Contract with Avolve for $130,000. 3Q. Adopt Resolution 18-86, accepting the Minnesota Department of Public Safety award from the Turnout Gear Washer/Extractor/Dryer Award program. 3R. Adopt Resolution 18-87, adopting amendments to the Employee Handbook. 3S. Reset the following City Council meeting dates: January 1 to Wednesday, January 2; August 6 to Wednesday, August 7; October 1 to Wednesday, October 2, November 5 to Wednesday, November 6 and the following Council/Manager meeting from October 8 to Thursday, October 10. 3 . 31.1. Adopt Resolution 18-89, Modifying 2019 General Wages and Salary for Police Commander and Utility Billing Specialist. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3T. Acceptance of Donations for Ongoing Programs Council thanked the organizations and individuals who donated to the City's programs throughout the year. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt Resolution 18-88, accepting Donations for Ongoing Programs upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Approved City Council Minutes -3- December 18, 2018 4. PUBLIC HEARINGS 4A. Public Hearing - Preliminary Plat Approval - 4400 Sunset Ridge Planning Manager Zimmerman presented the staff report and answered questions from Council. City Attorney Cisneros and City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing. Ms. Shonalie Leville, 816 Westwood Drive, said she was concerned about her privacy because the wetlands in her back yard may be affected. She said the wetlands currently consist of dead trees and a building could change the water patterns. She asked if she had future water problems would there be mediation. Ms. Mary Brown, 824 Westwood Drive, said she was concerned about where the water would go. She said after the 2011 tornado, the City brought in 65 trucks of dirt for the park. She said if more land fill is brought in, it may change the area because every year there is more water. She added the area was dry until loads of dirt were brought in and asked if there would be mediation. Mr. Brad Brown, 824 Westwood Drive, said when they moved in, the area had big trees and it was mostly dry but now it is wet and the trees have fallen because of the water. Mr. Tony Videen, Applicant, 4400 Sunset Ridge, said a modern home will be built on the eastern lot. He added that he does care about the neighborhood and will keep as many trees as possible. Mayor Harris closed the public hearing. There was Council discussion regarding the Preliminary Plat Approval of 4400 Sunset Ridge. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the Minor Subdivision for 4400 Sunset Ridge, subject to the following conditions and the motion carried. 1. A slope stability analysis must be conducted and approved by the City Engineer prior to approval of the Final Plat. 2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3. A park dedication fee of$10,800 shall be paid before release of the Final Plat. 4B. Public Hearing - Ordinance #649 - Approval of Conditional Use Permit 119, Amendment #3 - 800 Boone Avenue North 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. There was Council discussion regarding the Conditional Use Permit for 800 Bonne Avenue North. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt Ordinance #649, Approval of Conditional Use Permit 119, Amendment #3 allowing for an adult day care center at 800 Boone Avenue North. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Approved City Council Minutes -4- December 18, 2018 4C. Public Hearing - Ordinance #651 - Zoning Map Amendment - 5530 Golden Valley Road 4D. Public Hearing - Preliminary Plat Approval - Watermark - 5530 Golden Valley Road, 5540 Golden Valley Road, 1530 Welcome Avenue North 4E. Public Hearing - Ordinance #652 - Conditional Use Permit 162 - 5530-5540 Golden Valley Road and 1530 Welcome Avenue North Items 4C, 41) and 4E were presented and discussed together. Associate Planner/Grant Writer Goellner presented the staff report and answered questions from Council. City Attorney Cisneros, City Manager Cruikshank and Planning Manager Zimmerman answered questions from Council. Mayor Harris opened the public hearing. Mr. Jacob Steen, Larkin Hoffman, representing the applicant, said earlier in the year they brought a larger plan to the Planning Commission and the Commission said it was too large so the applicant revised their plans. He said the property location is ideal because it is on the edge of a neighborhood and that residents of facilities like to live within a neighborhood. He added that the applicant did not ask for any variances because the plan complies with the City's Code and the findings for a permit. He said they would continue to work on the visual appeal. Mr. Mike Nelson 1310 Welcome Avenue, asked the Council to oppose the project because of increased noise, the visual appearance, it eliminates single family homes and it would tower over the rest of the neighborhood. He added it should not be granted because it is inconsistent with the 2030 and 2040 Comp Plans. Ms. Christine Nelson, 1310 Welcome Avenue, said that there are nine factors needed to be met and she does not believe that this project meets them. She said it would not be consistent with the Comp Plan and it effects property values and increases traffic. She asked how the overflow parking plan would be enforced and about the public safety issues because they do not have sidewalks. She added it does not fit in to their neighborhood. Mr. Mike Kuka, L & K Landscaping, said his company has been in business for 40 years and did the landscaping on the Fridley project. He said the applicant is trying to be neighborly and added they would plant larger trees and include a berm to break up the building on the site. Mr. David Palace of Columbia Heights, said he lives across the street from the Fridley building. He said a lot of the same comments were brought up at the Fridley meeting so he talked directly to the applicant and they told him what type of building and materials they would be using. He added that he does not hear sirens, or see the garbage, and that his property values have gone up. Mr. Justin Colter, 5505 Phoenix Street, asked how the mixed income levels would be regulated and how residents could apply. He said parking would be an issue and felt a study should be done regarding noise and traffic in the area. Ms. Pam Wandzel, 1220 Welcome Avenue, said she was concerned because the applicant purchased a home for twice the value and then applied for a Conditional Use Permit. She said it may be legal but felt it was back handed. She said she would like to maintain her quiet neighborhood and does not think this would fit into it because of the height of the building. Approved City Council Minutes -5- December 18, 2018 4CDE. Public Hearings - Watermark Project - continued Mr. Richard Sienko, 5800 Golden Valley Road, said he disagreed that the neighborhood was not becoming more industrial because every couple of years the area has been rezoned. He said his concern is traffic and parking because there is no parking on Golden Valley Road. He said there is already a group home in the area and questioned how parking would be controlled. Ms. Sarah Bachmann-Lane, 5630 Golden Valley Road, said she recently moved to the area and was happy to see a little shop which she hoped to buy and start a coffee shop. She said while she was researching it, the property was sold. She said she hoped a shop would be there but instead a 40 person residential unit was proposed and asked if this was what Golden Valley wanted for the neighborhood. She said she has many questions for the developer as to what the building would do for the neighborhood, would it improve the visual appearance, if the applicant realizes that because the building would be on a hill it would look down on the neighborhood which would take out the sunlight, and have they considered deliveries and visitors to the facility. Ms. Celeste Rielly, 1325 Welcome Avenue, said after her husband passed away the neighborhood watched out for her and her daughter. She said the Planning Commissioners had issues with the project because one member abstained and two voted against it. She said on a past report Planning Manager Zimmerman asked the Planning Commission what they thought should be on the property and they thought it should be a park. She said a lot of senior housing is being built in Golden Valley which would meet the guidelines needed for senior housing in the 2040 Comp Plan. She said she is not against housing for seniors but this plan does not fit in their neighborhood. Mr. Stephen Trull, 1600 Welcome Avenue, said he lives north of this project. He said looking at the three properties, his understanding of light residential would be for up to six people per unit but that this is a lot bigger and there would not be any gaps between the buildings. He said he has a split level house and it would be twice as tall so people would be looking directly into his yard. Mr. Steve Miller, 1316 Welcome Avenue, said he does not think this would meet the conditions for a CUP and added that they cannot say more noise or traffic wouldn't come to the area. He said he does not feel there is a need for more senior housing and added that this plan would not fit into his neighborhood because this would be built on a hill and is the size of more than three houses. Ms. Marilyn Miller, 1316 Welcome Circle, said her concerns are around the public safety factor because the neighborhood does not have sidewalks. She said she felt the numbers the applicant used for vehicles in the area does not consider staff shift changes and visiting vendors. She added she is concerned the cars would over flow into the streets and said that the streets are very narrow. She said the delivery vehicles will be commercial and residents would hear the beeping back up sounds and added that the structure does not fit into the neighborhood. Ms. Diane Nelson, 5600 Phoenix Street, said she has lived there 31 years and loves her neighborhood. She said the new building will change it and the project is not needed. Mr. Gary Grenzer, 1525 Welcome Avenue North, said another facility was planning to add senior housing so that Golden Valley would be well ahead of the numbers needed for the Comp Plan. He showed a drawing that illustrated how tall the proposed building would be compared to the height of the houses nearby and added it will look like a hotel so he would not be able to see the sky above the building. He said the building is not needed and asked the Council to deny it. Approved City Council Minutes -6- December 18, 2018 4CDE. Public Hearings - Watermark Project - continued Ms. Grace Reilly, 1325 Welcome Avenue, said there are a lot of kids in the neighborhood and she is concerned that there are no sidewalks so people bike and walk in the streets. She added she is concerned that cars will be going too fast and someone may get hit. Mr. Peter Lane, 5630 Golden Valley Road, said at the Fridley location the sun is not an issue because the facility was built on the west side so it does not block the sun. He said he felt his neighborhood was already getting more commercialized and added that this building would be overlooking the neighborhood because it would be built on a hill. Ms. Georgann Wobschall, 1503 Welcome Avenue North, said she lives across the street and is concerned about the traffic. She said the homes that were purchased had not been maintained. She said she did go to the Fridley facility which is on level ground and this one would be on a hill. Ms. Mary Pat Gibbs, 1113 Welcome Circle, said the City needs more low to moderately priced single family homes and that this property would be prefect. She added that this would not preserve their neighborhood. Mr. Ryan Strange, 5725 Golden Valley Road, said he loved the smaller single family homes that had been on the property and added it was a shame the houses were sold. He said he has seen the turnover of people buying the older homes and fixing them up. Ms. Ann Bennion, 1125 Welcome Circle, said she has lived there for 47 years and thinks there should be a fairness factor because this project will effect 60 homes with 200 people in them. She said that the neighborhood residents pay taxes and vote and that this proposal makes the residents feel not as important as the industry facilities. Ms. Julie Grenzer, 1525 Welcome Avenue North, said she will be effected the most because she lives across the street and the project will be like living in New York City because she will have to go outside to see the sunlight. She said her son lives in Fridley and all of the homes in the City have gone up in value. She said she doesn't want her grand kids going out into the street when she does not know who will be there because of staff shift changes and family members visiting. She is also concerned about the parking situation and asked the Council not to pass this. Mr. Bill Groschen, 1125 Welcome Circle, asked a question regarding the R1 Residential lot and whether you can only have 5 to 6 different residents live in it. Mr. Jacob Steen, Larkin Hoffman, representing the applicant, answered questions raised by the neighborhood. Mayor Harris closed the public hearing. There was much Council discussion regarding the rezoning, Preliminary Plat Approval and the Conditional Use Permit for the Watermark project. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Ordinance #651, amending the Official Zoning Map for 5530 Golden Valley Road, rezoning from Commercial to Single Family (R-1) Residential. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Approved City Council Minutes -7- December 18, 2018 4CDE. Public Hearings - Watermark Project - continued MOTION made by Council Member Schmidgall, no second was received to approve the Preliminary Plat for Watermark - 5530 Golden Valley Road, 5540 Golden Valley Road, 1530 Welcome Avenue, subject to the following conditions and the motion failed due to the lack of a second: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of$15,180 shall be paid before release of the Final Plat. 3. Only one structure may be present on a lot prior to approval of the Final Plat MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to table the item to the January 2, 2019, City Council meeting. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris and Rosenquist, the following voted against: Schmidgall and the motion carried. MOTION made by Council Member Schmidgall, no second was received to adopt Ordinance #652, approval of Conditional Use Permit 162 allowing for a Residential Facility located at 5530- 5540 Golden Valley Road and 1530 Welcome Avenue North and the motion failed due to the lack of a second. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to deny the Conditional Use Permit based on the following findings. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris and Rosenquist, the following voted against: Schmidgall and the motion carried. 1. Effect on Traffic Flow and Congestion: The applicant is planning to build a parking lot with 19 parking spaces. On an average day, the applicant expects that 12 spaces will be occupied. There are expected to be 10 employees working on an average weekday shift, leaving at least 9 spaces for professional visitors such as doctors as well as guests. While this parking may be adequate for an average weekday, the parking lot must also have capacity for deliveries and trash pick-up. It must also have capacity for special events in which several guests are invited to the property. There are concerns that overflow parking will have an impact on the neighborhood especially during shift changes, deliveries and special events. Parking is not permitted on Lilac Drive. Other than a 460 foot area for parking on the north side of Golden Valley Road west of Xenia Avenue (roughly 475 feet from the site), parking is not permitted along Golden Valley Road. Parking is permitted on Welcome Avenue. No overnight street parking is allowed between November 1 and March 31. Public street parking is also prohibited after a snowfall of at least two inches. The impact of excess parking could not be mitigated with the submittal of an overflow parking plan. 2. Effect of Increases in Population and Density: There will be a maximum of 25 residents and 10 employees on site when the facility is full. There will also be additional deliveries, professional visitors, and guests throughout the business hours. This would result in a daily density of 35 or more people on a .91 acre site. The average residential density in this location is significantly lower and the increased density is incompatible with the adjacent single family neighborhood. The applicant did not propose any conditions to mitigate this impact. There are no appropriate conditions to attach to this proposal to mitigate the impact of this increase in the population and density in the area. Approved City Council Minutes -8- December 18, 2018 4CDE. Public Hearings - Watermark Project - continued 3. Visual Appearance: The proposed 25-unit Residential Facility is 23,765 square feet. The footprint of the proposed building is 8,304 square feet. The average footprint size of principle structures within 500 feet of the proposal is 2,607 square feet (excluding properties east of Hwy 100). The height, measured from the centerline of Welcome Avenue to the highest point of the proposed building is 46 feet. Most structures within 500 feet of this proposal (excluding properties east of Hwy 100) are 1 story in height. Because the topography slopes down toward Welcome Avenue, the largest massing faces significantly smaller structures downhill to the west across from Welcome Avenue. The developer attempted to design the site and building to complement the character of the surrounding neighborhood. However, with 25 units, it is a relatively large building for this zoning district and neighborhood. Based on the third lot, the building is not on the edge of the neighborhood but is intruding into the middle of a block of single family homes and changing the visual appearance and character of the neighborhood. The applicant attempted to mitigate this factor by screening the building from view with tree plantings and landscaping. However, this does not provide enough relief from the visual impact of such a large building. It is not adequate to meet the standard. The visual impact could not be mitigated with additional screening. 4F. Public Hearing to Vacate Right of Way and Utility Easements at 701 Lilac Drive North 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 Clausen to adopt Resolution 18-90, vacating Right of Way and Utility Easements at 701 Lilac Drive North. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 5. OLD BUSINESS 6. NEW BUSINESS 6A. Approval of Plat and Authorization to Sign Amended PUD Permit - Tennant Companies 2"d Addition PUD No. 114 18-91 Planning Manager Zimmerman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 18-91, for Approval of Plat - Tennant Companies 2nd Addition PUD No. 114. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to authorize the Mayor and City Manager to sign the Amended PUD Permit for Tennant Companies 2nd Addition PUD No. 114 and the motion carried. Approved City Council Minutes -9- December 18, 2018 6B. Review of Council Calendar The City offices are closed on December 25 and December 26, 2018, in observance of the Holidays. Some Council Members may attend the Rising Tides Task Force Interviews on December 27, 2018, from 2 to 3 pm in the Council Conference Room. The City offices are closed on Monday, January 1, 2019, in observance of New Year's Day. Some Council Members may attend the Rising Tides Task Force Interviews on January 2, 2019, from 5 to 6 pm in the Council Conference Room. The next City Council meeting will be held on January 2, 2019, at 6:30 pm. 6C. Mayor and Council Communication Council Member Clausen wished the residents of Golden Valley Happy Holidays. Mayor Harris thanked staff for their assistance on the Canadian Pacific Holiday Train event. 7. ADJOURNMENT MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist and the motion carried to adjourn the meeting at 10:20 pm. i c Shep rd M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk