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10-20-09 CC Minutes Regular Meeting of the City Council October 20,2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on October 20, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Oath of Office - Police Officer Daniel Wilcox Stacy Altonen, Police Chief, introduced the newest Police Officer Daniel Wilcox. Mayor Loomis gave the oath of office to Police Officer Daniel Wilcox. The Council congratulated the Police Officer Wilcox. Presentation of Envision Award - Golden Valley Arts and Music Festival - Scott Grayson, Don Keysser, Peter Knaeble, Anna Silverman and Luke Weisberg Mayor Loomis introduced the agenda item. Council Member Scanlon reviewed her nomination for their work of originating and carrying out the first Golden Valley Arts and Music Festival in 2003 and expanding the event each year. MOVED by Pentel, seconded by Freiberg and motion carried to award the second Envision Award to Scott Grayson, Don Keysser, Peter Knaeble, Anna Silverman and Luke Weisberg for establishing the Golden Valley Arts and Music Festival which has occurred annually since 2003. Mayor Loomis presented an Envision Award to Scott Grayson, Don Keysser, Peter Knaeble and Anna Silverman. Luke Weisberg was unable to attend. Don Keyesser thanked the Council, Staff and other volunteers who participated in the Golden Valley Arts and Music Festival. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of October 20,2009 as amended: Authorization for Submittal of Application for Hennepin Youth Sports Program Grants, distribution of amended resolution; Addition of Letter from Daria Heiden Regarding Appeal from Board of Zoning Appeals Denial, 316 Meadow Lane North. Regular Meeting of the City Council October 20, 2009 Page 2 Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the agenda of October 20,2009 as amended: Removal of 2011 Pavement Management Program, Authorization to Sign Agreement with Short Elliott Hendrickson for Engineering Services; Proclamation for Toastmasters Month; Proclamation for Minnesota Manufacturer's Week and Authorization for Submittal of Application for Hennepin Youth Sports Program Grants; and Addition of Letter from Daria Heiden Regarding Appeal from Board of Zoning Appeals Denial, 316 Meadow Lane North. *Approval of Minutes - City Council Meeting - September 15,2009 and Council/Manager Meeting - October 13,2009 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of September 15, 2009 and Council/Manager Meeting of October 13, 2009 as submitted. *Bills and Claims MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Second Harvest Heartland MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Second Harvest Heartland. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Services Foundation - September 14, 2009 Envision Connection Project Board of Directors - September 17, 2009 *Bids - Refurbish Aerial ladder Truck MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to award the base bid and Option 5.1.12 for refurbishing the 1993 Pierce aerial ladder truck to the lowest responsible bidder, Pierce Manufacturing, Inc. for a total of $202,154. The bids are as follows: Pierce Manufacturing, Inc. General Safety Base bid and Option 5.1.12 rear steps Base bid and Option 5.1.12 rear steps $202,154 215,658 Regular Meeting of the City Council October 20, 2009 Page 3 2011 Pavement Management Program: *Call for Feasibility Study and Authorization to Sign Agreement with Short Elliott Hendrickson for Engineering Services Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-51 RESOLUTION ORDERING PREPARATION OF REPORT FOR 2011 PAVEMENT MANAGEMENT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof; Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Council Member Pentel requested staff review the item. Jeannine Clancy reviewed the item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign an agreement Short Elliott Hendrickson for engineering services for $388,400. *Waiver of Public Hearing and Certification of Special Assessments: 2009(A) Pavement Management Program Driveways; 2009(A) Pavement Management Program Sanitary Sewer Repairs Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-52 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2009(A) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council October 20, 2009 Page 4 *Waiver of Public Hearing and Certification of Special Assessments: 2009(A) Pavement Management Program Driveways: 2009(A) Pavement Management Program Sanitary Sewer Repairs - Continued Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-53 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2009(A) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Acceptance of Donation of Camera Equipment from Fireman's Fund Fire Department Grant Designation Program Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-54 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2009(A) CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Sale of 1986 Ford L-9000 Fire Pumper and Miscellaneous Equipment Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 09-55 RESOLUTION AUTHORIZING SALE OF EXCESS EQUIPMENT (1986 FORD L-9000 FIRE PUMPER AND MISCELLANEOUS FIRE EQUIPMENT) The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council October 20, 2009 Page 5 Proclamation for Toastmasters Month and Minnesota Manufacturer's Week Council Member Pentel highlighted the Toastmasters and Minnesota manufacturers. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt the Proclamation for Toastmasters Month - October 2009, and proclaim October 26~30, 2009 as Minnesota Manufacturer's Week. Authorization for Submittal of Application for Hennepin Youth Sports Program Grants Council Member Shaffer had some concerns about the issue and wanted the Council to discuss the item prior to a vote. Jerry Sandler, Chair, Open Space and Recreation Commission, answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption, as amended: RESOLUTION 09-56 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR HENNEPIN YOUTH SPORTS PROGRAM GRANT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and; and the following voted against the same: Shaffer, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Letter from Daria Heiden Regarding Appeal from Board of Zoning Appeals Denial - 316 Meadow Lane North - Maggie Bostrom, Applicant. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the letter from Daria Heiden, dated October 19, 2009 regarding appeal from Board of Zoning Appeals denial, 316 Meadow Lane North. Appeal from Board of Zoning Appeals Denial- 316 Meadow Lane North - Maggie Bostrom, Ap{llicant Council Member Pentel stated that due to a potential conflict of interest she is not participating in the discussion and vote of this item. Joe Hogeboom introduced the agenda item and answered questions from the Council. Allen Barnard, Mark Grimes, Director of Planning and Development; and Thomas Burt answered questions from the Council. Regular Meeting of the City Council October 20, 2009 Page 6 Appeal from Board of Zoning Appeals Denial - 316 Meadow Lane North - Maggie Bostrom, Applicant - Continued Chuck Segelbaum and Mike Kirsch, Board of Zoning Appeals members reviewed the discussion and action taken by the Board of Zoning Appeals and answered questions from the City Council. Brian Dillon, representing Maggie Bostrom, reviewed the history of the site, Board of Zoning Appeals denial and the reasons for the appeal and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Linda Martineau, 315 Meadow Lane North, stated she lives across the street but usually stays out of the neighborhood issues and tries to keep peace; in this case she decided to speak because of the principle involved; feels this will positively impact property values in the area; stated because she has gotten involved one of her neighbors spit at her; stated the property owner at 316 Meadow Lane North has done a lot of improvements to her property; prior to her moving in she thought the property would not sell because it was ugly and run down; now people like to come and look at her garden; thinks that the improvements to 316 Meadow Lane would only increase the value of the property at 312 Meadow Lane; feels it looks better now instead of looking at the concrete slab that was there before; because of the improvements to the house at 316 Meadow Lane she doesn't feel the house would be a "tear down" any longer; agrees there is strife in the neighborhood and a grave injustice and mistake has been made. Avis Veselka, 320 Meadow Lane North, stated she is also speaking on behalf of her neighbor, Daria Heiden, 312 Meadow Lane North; she couldn't be there because of health issues; stated that it is not a matter of beauty and that she is breaking the law as she didn't have a permit to put the deck up; feels all of this could have been avoided if she had only gotten a permit; feels it has been very difficult for her neighbor as she is in poor health and has no family; stated Ms. Heiden is concerned that if and when she does sell her house she doesn't know what kind of effect the deck will have on the sale of her property. Gayle Kisling, 303 Meadow Lane North, stated that the property owner at 316 Meadow Lane has caused her own hardship; feels she has other ways of getting onto her property from the front to the back; showed a picture of her going on other property to get to her house; stated she has a garden and junk on the side of the house that could be moved which would allow her a way to get to her house. Regular Meeting of the City Council October 20, 2009 Page 7 Appeal from Board of Zoning Appeals Denial- 316 Meadow Lane North - Maggie Bostrom, Applicant - Continued Maggie Bostrom, 316 Meadow Lane North, stated she sent the property owner at 312 Meadow Lane a letter explaining what she was going to be doing but did not get a response from her; stated she had a good relationship with the property owner in the past and doesn't know why things changed; she doesn't come to the door or answer the phone; stated she was using the wheel barrow to put dirt and grass seed at 312 Meadow Lane to restore it; stated she pushes her lawn mower around the block in order to get to her front yard to mow; stated it is her fault and her issue that the deck was done without a permit but she misunderstood what was said by a city inspector; stated she did try to fix the deck and requested that it be allowed to stay. Todd Ereth, 240 Meadow Lane North, stated that because of the steep slopes in the front of the yards in the areas that the back door becomes the front door when you don't have any parking available in the front yard; stated he does understand the reasoning for a door that swings both ways was installed on the side of her house to get easy access into the home; stated he has personally seen the homeowner at 316 Meadow Lane walk around the block with her lawn mower to be able to mow the front of her yard; stated that when the chain link fence was there in the past there was still privacy issues between the yards; feels the deck adds value to the property; there are a few vacant lots in the area, as well as homes that are not very well maintained and foreclosed homes; stated he feels she takes pride in her home and asked the Council to consider and approve her request. Leo Furcht, 221 Meadow Lane North, feel the case is complicated because of the small lots and how the homes were placed on the lots; feels anything that would have been done to the home would have gotten complaints; feels you can't appreciate the grade of the lot and how difficult it is to get up the front area when there is snow and ice; feels what is there now is an aesthetically pleasing solution and softens the north side of the house; feels the absence of the deck would cause tremendous hardship; expressed concern about the safety factor without a deck; feels that the homeowner wanted to make an improvement to her home and the neighbor wants to get back at her and is disgruntled. Joe Martineau, 315 Meadow Lane North, stated the level of spite in the neighborhood surrounding this issue is disturbing; feels a big issue is that the house was built where it was built in the first place and shouldn't have been allowed to be built; feels that because the house was cited where it is the homeowner should get an exception because of the mistake that was made in the past; feels she has taken a difficult situation and made it better; feels the landing shouldn't turn out to be a monument to concrete that is not as usable and not as aesthetically pleasing; stated most people think it is quite an improvement and has had minimal impact on the neighborhood. Regular Meeting of the City Council October 20, 2009 Page 8 Appeal from Board of Zoning Appeals Denial - 316 Meadow Lane North - Maggie Bostrom, Applicant - Continued Laurie Edling, 428 Sunnyridge Lane, stated she has lived in the area since she was a child and the houses being discussed were where they played baseball and the rest of the area was farmland; stated she loves the area and the neighbor at 316 Meadow Lane is a great neighbor and everyone likes to look at her garden and hopes the Council votes in her favor. Denny Gilbert, 321 Sunnyridge Lane, stated he has seen the neighborhood rise and sink; stated there are several homes in the neighborhood that could be considered "tear downs" feels that the homeowner at 316 Meadow Lane has taken a house that was border line and has really improved it; feels the deck is a improvement to the situation, stated he has tried to snow blow in the area and you can't get up to the front of the house and has to be shoveled by hand; and feels the deck should not be torn down. Kim Linden, 3030 Sunnyridge Lane, feels that aesthetically what she has done will not deter the neighborhood property values; in fact she feels it has helped; feels it has softened the area; what was at 316 Meadow Lane was just a blank wall prior to the improvements; feels the improvements made to the house at 316 Meadow Lane have improved over time and the Council should consider allowing her to keep the deck. Rose Burnet, stated she is the letter carrier in the area and feels the homeowner at 316 Meadow Lane has transformed the house into the gem of the area; people on the route comment about how beautiful the house, yard and deck is and how it has enhanced the area; feels the deck is beautiful, increase safety and functionality and helps her access her house to deliver mail; stated there are a number of vacant lots, tear down in the area Jean Ocken, 405 Sunnyridge Lane, feels the row of houses in that block are lovely; there is nothing but wall space next to 316 Meadow Lane, there is only one window that looks out to the street and there is nothing to interfere with appearances and safety; each property owner has put up their own fence and there is no bad appearance on that block; feels the deck adds to the appearance and can't image loosing the deck. The Mayor closed the public hearing. Member Shaffer introduced the following resolution and moved its adoption, as amended: RESOLUTION 09-57 RESOLUTION OF FINDINGS AND DETERMINATION WITH RESPECT TO VARIANCE APPEAL 316 MEADOW LANE NORTH MAGGIE BOSTROM, APPLICANT Regular Meeting of the City Council October 20,2009 Page 9 Appeal from Board of Zoning Appeals Denial - 316 Meadow Lane North - Maggie Bostrom, A~plicant - Continued The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Scanlon and Shaffer; and the following voted against the same: none, and the following abstained; Pentel; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Announcements of Meetings Some Council Members may attend the Retirement Party for Bob Strandquist on October 29, 2009 at 9:30 am in the Park Maintenance Garage. The City General Election will be held on November 3, 2009. The Canvassing Board Meeting will be held on Wednesday, November 4,2009 at 6 pm. The next City Council meeting will be held on Wednesday, November 4, 2009 at 6:30 pm. The Douglas Drive Planning Commission/Council Workshop will be held on November 9, 2009 after the Planning Commission, approximately 7:15 pm. The next Council/Manager meeting will be held on November 10, 2009 at 6:30 pm. The City Offices are closed on Wednesday, November 11, 2009 in observance of Veteran's Day. Some Council Members may attend the Taste of Golden Valley on November 11,2009 at 5:30 pm at the Metropolitan Ballroom. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 8:53 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant