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03-06-12 CC Minutes Regular Meeting of the City Council March 6, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council af the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said Gity on March 6, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Chantell Knauss, Assistant, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attarney; and Judy Nally, Administrative Assistant. Pledpe of Alleqiance The Pledge of Allegiance was recited. Approval of Aqenda MOVED by Scanlon, seconded by Freiberg and mation carried unanimously to approve the agenda of March 6, 2012 as submitted. Approval of Consent Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of March 6, 2012 as submitted. Approval of Minutes - Citv Council,Planninq Commission� Environmental Commission and Open Space and Recreation Commission - Januarv 30, 2012 and Citv Council Meetinq - Februarv 6, 2012 M4VED by Scanlon, seconded by Clausen and motion carried unanimously to approve the City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission of January 30, 2012 and City Council Meeting of February 6, 2012 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council March 6, 2012 Page 2 *Rental Propertv Licenses MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Solicitor's License - Clean Water Action MOVED by Scanlon, seconded by Glausen and motion carried unanimously to approve the solicitor's license for Clean Action Water. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows; Human Services Fund - January 9, 2012 Environmental Cammission - January 23, 2012 Board of Zoning Appeals - December 27, 2011 Open Space and Recreation Commission - January 30, 2012 Authorization to Siqn Contract with Prairie Restorations, Inc. for Restoration and Maintenance of Native Plant Communities Council Member Pentel complimented Prairie Restoration, Inc. on the restoratians they have completed in areas of the City. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the Contract for Prafessional Services with Prairie Restoration, Inc. for the 2012 Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of$26,275. *Adoption of Traffic Siqn Manaqement Policv Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-13 RESOLUTION ADOPTING CITY'S TRAFFIC SIGN MANAGEMENT POLICY The motion for the adoption af the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resofution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting af the City Council March 6, 2012 Page 3 *Authorization to Siqn Agreement with Missions Inc./Home Free for pomestic Assault Intervention Services MOVED by Scanlon, seconded by Clausen and mation carried unanimously to authorize the City Manager sign the agreement with Missions Inc./Home Free for domestic assault intervention services. *Authorization to Submit Communitv Development Block Grant Application for Pesch Place Rehabilitation Proiect - 2000 Marv Hills Drive Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-14 RESOLUTION APPROVING PROPOSED APPLICATION FOR 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization to Siqn Amended Joint Powers Aqreement with Minnesota Bureau of Criminal Apprehension for eCharqinq Court Data Services Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-15 RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TQ SIGN THE COURT DATA SERVICES SUBSCRIBER AMENDMENT WITH THE BUREAU OF CRIMINAL APPREHENSION (BCA) FOR ACCESS TO COURT DATA SERVIGES THROUGH eCHARGING The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the follawing voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. � Regular Meeting of the City Council March 6, 2012 Page 4 *First Consideration - Ordinance #481 -Amendinq Section 10.84, Providinq for Appeal Process for Disqualified Applicants The following ordinance was MOVED by Scanlon, seconded by Clausen: ORDINANCE NO. 481, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants MOVED by Scanlon, seconded by Clausen and motion carried to adopt on First Consideration Ordinance #481, 2nd Series. The vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES Public Hearinq - Preliminarv Desiqn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants Allen Barnard reviewed the law regarding quasi-judicial hearings and recommended that Council Members should disclose for the record who they had contact with regarding the proposal before the hearing and indicate generally the substance of the contact and whether the Council Member had an open mind about the proposal and answered questions from the Council. Mayor Harris stated his contact list is not readily available and asked if it could be filed at a later date and since the law is still evolving suggested the Council discuss the item at a future Council/Manager meeting. He did state that he did attend a meeting with same of the neighborhaod residents near the Triton Drive neighborhoad and had conversations with other residents and spoke with people on both sides af the issue. He also stated he did have calls where people requested their names be kept confidential, and stated he has yet to make up his mind on the proposal. Council Member Pentel disclosed for the record that she responded to three emails with a generic response, had one conversation with former Council Member Bob Shaffer and that she has not made a decision on the project. Council Member Freiberg stated he felt confident that the Council had not made up their mind on the issue, stated he is a little uncomfortable with disclosing who he has had contact with as he feels residents assume that any �email and/or conversation will remain private, agreed it should be discussed at a Council/Manager meeting and requested staff contact the League of Minnesota Cities to get a legal opinion. Council Member Clausen fielt residents may feel intimated in letting the Council know how they feel about proposals and it is important to communicate with residents and stated that Council decisions cannot be made prior to the public hearings on proposals. Regular Meeting of the City Council March 6, 2012 Page 5 Public Hearinq - Preliminarv Desiqn Plan A�proval - PUD No. 109 - Eldridqe 3rd Addition -4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants - Gontinued Council Member Scanlon stated she spoke with Ray Anderson, Lynn Mattson, Bob Shaffer and Linda Loomis, responded to three emails, two of which were generic and have not responded to any other emails. Mark Grimes, Director of Planning and Development, reviewed the PUD process, presented the staff report and answered questions from the CounciL Curt Fretham, Lakewest Development, applicant, reviewed the plan and answered questions from the Council. Peter Knaeble, Terra En�ineering, and Rob Eldride, A.K.A.R.E. Companies, answered questions from the Council. Chuck Segelbaum, Planning Commissioner presented the Commission report and answered questions from the Council. Jeff Oliver, City Engineer, Allen Barnard, Jeannine Clancy, AI Lundstrom, Park Supervisor; and Chantell Knauss answered questions from the Council. The Mayor opened the meeting fior public input and persons present ta do so were afforded the opportunity to express their views thereon. Matt Stockhaus, 4825 Lowry Terrace, distributed a petition and material and spoke on behalf of the residents who signed the petition; stated they are not just against the project because they don't like change, they plan on living in the neighborhood long-term; feels the development is in contrast to the comprehensive plan and PUD purpose; wants to protect and respect the traditional neighborhood; feels the new homes will loom over the current homes; would tike to see environmentally sustainable green building practices; follow tree preservation and grading ordinance, restore native vegetation, reduce light in the night sky, preserve and protect desirable site characteristics, open space including steep slopes, trees, scenic view, water ways, wetlands, and wildlife. Ray Anderson, 3142 Quail Avenue North, distributed material and showed pictures of developments in St. Louis Park, pointed out the differences in size and contrast to the older homes in the block, feels there is not much congruity between the new houses being built, there was no consistency between the newer homes being builfi and the older homes in the area; stated he didn't want what happened in St. Louis park to happen in his neighborhood, and stated he talked to a resident who lived there and the new homes replaced the woods filed with wildlife which he does not see anymore. Regular Meeting of the City Council March 6, 2012 Page 6 Public Hearinp - Preliminarv Desiqn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition -4900 Triton Drive -A.K.A.R.E. Companies LLC, Applicants - Continued Barbara Gaasedelen, 3026 Perry Avenue North, submitted a petition; stated people moved into a well-established neighborhood because of the short streets, children can play in the street, minimal traffic; feels the addition of the cul-de-sac will change the character of the neighborhood; add additional car trips; wants to see the current street architecture maintained; suggested only twa homes be allowed to be built on Triton Drive; would like to see the side and front setbacks maintained; feels additional setbacks in the rear of the property should protect the trees; feels they should build fewer homes with less infrastructure. Dana Zuraff, 4840 Lowry Terrace, expressed concern about safety of children; feels the retention pond will be a breeding ground for mosquitos' and West Nile virus; concern for heavy machinery using the utility easement and causing damage to established trees and landscaping; suggested trenched or French drains be used at the end of the driveways for water run-off or detention barrels underground; wanted to know about the sentiment, cantaminants and pollution in the ponds, asked if the debris fram the pond will be removed prior to residents moving into the homes; concerned about how much water is in the pond and about children drowning in the pond. Timothy Shallbetter, 9141 Xylite, Blaine, stated he is the former owner af 4900 Triton Drive, suggested the Council walk the property; stated that when he lived their he never saw neighbors as there are very high hedges; stated he had to chase the kids from the woods because they would build attractive nuisances; suggested the parents keep watch on their children; stated he is not for or against the project; stated it is one of the original farm houses in the City; thinks the PUD is a good plan; stated a lot of the trees will be remaining on the lot; stated he has no stake in the property. Mary Fontana, 4845 33rd Avenue Narth, had questions regarding the tree preservation plan, what happens after the project is complete; asked how the trees will be taken care of during the construction process; what happens to the remaining trees and what the best management process is; feels the root zone around the trees should be bigger, stated some of the best trees on the praperty will be removed; stated some of the trees on the survey were mismarked; asked about tree after care and who monitors the trees after the project is completed. Jack Terrio, 3139 Orchard Avenue North, expressed concern that people have not looked at the property and nat aware of the steep layout of the land; had questions about sewer lines to the home; haw will they work and where they will be located; grading of the site and location of power lines, had questions regarding wells and septic tanks on the site. Regular Meeting of the City Council March 6, 2012 Page 7 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants - Continued Bob Hagen, 4815 Culver Road, feels aesthetics are part of the price af a home and the fabric of the neighborhood; doesn't want to see fifteen garage doors stacked up against each other; doesn't want to see nothing but paving, feels there should be a conservation easement for the wooded area of the lots, suggested that only four of fewer homes be built on the site. Mike Ernst, 4845 Lowry Terrace, expressed concern over the safety of the kids in the neighborhood, stated his five year old doesn't understand property lines; feels there should be a bio filtration system far the water issues, opposed to a fence around the pond as it would be a trapping hazard, wanted to know if a neighborhood meeting was held who would conduct the meeting, doesn't feel it would be productive as all the cancerns have been expressed at the public hearing. Fred Reiter, 3146 Quail Avenue North, wanted to know how long the developer has been meeting with the city, feels the decisian should be postpaned for eight week in order to give the neighborhood more time to review the proposal; feels the neighborhood doesn't have all the fact about the site, wanted to know if it is in a wetland, asked if a rain garden is feasible; stated the site has had water issues; stated he realizes the developer has rights but want the neighborhood and the developer to come to an agreement; expressed concern for the trees on the perimeter, amount of pervious surface; asked if other water plans were considered; suggested a conservation easement, asked if a non-profit could take over the easement. Bob Gullick, 30Q0 Perry Avenue North, asked if there was a compromise, could 2, 3 or 4 homes be built, would like a discussion with the neighborhaod on the number of homes. Bob Shaffer, 3125 Quail Avenue North, stated he feels this is a fairly decent development; feels the developer has tried to do what is best for the site; does think the woods are an amenity but it is someone else's land and they shauld have to right to do what they want on their own property just as he has the right to do what he wants on his property; suggested taking a look at the area long-term like 25-50 years; stated some of the area was �uilt in the 1950's and at one time the area was farm land, stated that in the past some of the homes built then were also considered an imposition to the someone in the past; stated if the lots get bigger the homes on the lot's will be bigger and they may seem out of character in the neighborhood, the small the lot the smaller the home being built. The Mayor closed the public hearing. Regular Meeting of the City Council March 6, 2012 Page 8 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition - 4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants - Continued MOVED by Scanlon, seconded by Clausen and motion carried unanimausly to approve the preliminary PUD plan for Eldridge 3rd Addition PUD No. 109, subject to the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2Q11, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated February 8, 2012, shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Preliminary PUD Design Plan packet for Eldridge 3rd Addition PUD Na. 109 prepared for A.K.A.R.E. Gompanies LLC by Terra Engineering, Inc., Sheets 1-10 shall become a part of this approval subject to amendments required by the City Engineer as noted in his memo to Mark Grimes dated February 8, 2012. 5. The five lots within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 feet as stipulated in the zoning code. However, the side setback noted on the plan shall not increase with the increase af house height. 6. The Planning Commission finds that Eldridge 3rd Addition PUD No. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit Development, Subd. 1; and other PUD requirement and principles and development standards adhered to by the Gity. 7. If the developer would like to construct a model home and have public access ta it prior to completion of the street, it must be d4ne in a manner approved by the Building Official and Director of Inspections. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Direct staff to work with the developer to reduce the size of the rear housing envelope. 10,A neighborhood meeting with the residents, developer and staff will be held prior to Planning Commission consideration of final plan approval. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E)(1): 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. 2. Preservation. The PUD plan preserves and protects substantial desirable partions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. Regular Meeting of the City Council March 6, 2012 Page 9 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD No. 109 - Eldridqe 3rd Addition - 4900 Triton Drive -A.K.A.R.E. Companies LLC, Applicants - Continued 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 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. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Letter to Minneapolis Park Board Reqardinq Natural Area and Stormwater Manaqement in Theodore Wirth Park Mayor Harris introduced the agenda item. Rich Baker, Chair, Environmental Commission, presented the Commission report and answered questions from the Council. MOVED by Scanlon, seconded by Freiberg and motian carried unanimously to authorize the Mayor to sign the letter regarding Wirth Park storm cleanup to the Minneapolis Park and Recreation Board. Reinstatement of the Deputv Reqistrar Mayor Harris introduced the agenda item and answered questions from the Council. Chantell Knauss and Allen Barnard answered questions from the Council. MOVED by Freiberg, seconded by Scanlon and motion carried unanimausly tv receive and file the draft bill, as amended, add "preliminary" before recommendations in (2), pertaining to the reinstatement of the City's deputy registrar office. Announcements of Meetinqs Some Council Members may attend the Golden Valley Historical Society Meeting on March 8, 2012 at 7 pm at the Golden Valley Historical Society. The City Council will conduct board/commission interviews on March 13, 2012 beginning at 6 pm. A Special Housing and Redevelopment Authority Meeting will be held an March 13, 2012 at 6:30 pm. The next Gouncil/Manager meeting will be held on March 13, 2012 at after the Special Housing and Redevelopment Authority Meeting. Regular Meeting of the City Council March 6, 2012 Page 10 Announcements of Meetinqs - Continued A Skywarn Awareness Glass will be held on March 13, 2012 at 6:30 pm at the Brookview Community Center. A Bassett Creek Watershed Management Commission meeting will be held on March 15, 2012 at 11:30 am. Some Council Members may attend the Caring Youth Recognition on March 15, 2p12 at 7 pm at the Minnetonka Community Center. The next City Council meeting will be held on March 20, 2012 at 6:30 pm. Mavor and Council Communications Mayor Harris congratulated staff on maintaining the ice rinks at the City parks and snowplowing of streets. The Golden Valley Women's Club "Spring Fling" will be held on April 28, 2012. Mayor Harris updated the public on the community notification meeting held on March 5, 2012 and commended staff on the meeting. Adiournment MOVED by Freiberg, seconded by Pentel and motion carried unanimously to adjourn the meeting at 11:31 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant