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02-05-14 CC Minutes Regular Meeting of the City Council February 5, 2014 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 February 5, 2014 at 6:30 pm. The following members were present: Clausen, Fonnest, Harris, Schmidgall and Snope. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleaiance The Pledge of Allegiance was recited. Approval of Aqenda Mayor Harris stated the Council Assignments agenda item is amended to reflect Council Member Fonnest will serve as the City's representative on the Hopkins School District 270 Caring Youth Committee. Thomas Burt removed Council/Staff Workshop minutes of January 11, 2014 to be discussed at the Council/Manager Meeting. MOVED by Snope, seconded by Fonnest and motion carried unanimously to approve the agenda of February 5, 2014 as amended: removal of Approval of Minutes - Council/Staff Workshop minutes of January 11, 2014, and addition of Letter Regarding Conditional Use Permit for 345 Pennsylvania Avenue South. Approval of Consent Aqenda MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the consent agenda of February 5, 2014 as amended: removal of Council/Staff Workshop Minutes - January 11, 2014 to be discussed at the Council/Manager Meeting; Removal of Call for Public Hearing - Drainage and Utility Easement Vacations - Woodlawn Park and Eldridge 3rd Addition PUD 109 Plats (4824 Triton Drive) - 3/4/14; and addition of Letter from LifeSpan Client Regarding Conditional Use Permit for 345 Pennsylvania Avenue South. *Approval of Minutes - Council/Staff Workshop - Januarv 11, 2014 and Citv Council Meetina - Januarv 21, 2014 Thomas Burt removed the Council/Staff Workshop minutes of January 11, 2014 to be discussed at the Council/Manager Meeting. MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the City Council Meeting minutes of January 21, 2014 as submitted. Regular Meeting of the City Council February 5, 2014 Page 2 '�Approval of Check Reqister MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the City check register as submitted. *Solicitor's License - Better Business Consultants MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the solicitor's license for Better Business Consultants. *Solicitor's License - Clean Water Action MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the solicitor's license for Clean Water Action. *Gamblinq License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club MOVED by Clausen, seconded by Fonnest and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Optimist Club. *Gamblinq License Exemption and Waiver of Notice Reuuirement - Good Shepherd Church MOVED by Clausen, seconded by Fonnest and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Good Shepherd Church. *Minutes of Boards and Commissions MOVED by Clausen, seconded by Fonnest and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - December 19, 2013 Envision Connection Project Executive Board - November 21, 2013 Human Rights Commission - December 17, 2013 Environmental Commission - November 25, 2013 Open Space and Recreation Commission - November 25, 2013 Joint Environmental and Open Space and Recreation Commission - November 25, 2013 Joint Water Commission - December 4, 2013 Bassett Creek Watershed Management Commission - December 19, 2013 Regular Meeting of the City Council February 5, 2014 Page 3 *Asphalt Paver - Quotes MOVED by Clausen, seconded by Fonnest and motion carried unanimously to authorize the purchase of one used Mauldin Model 1550-D Asphalt Paver from Ruffridge-Johnson Equipment Co., Inc. for $76,800. The quotes are as follows: Ruffridge-Johnson Equipment Co. $76,800 Great Western Equipment Inc. $83,250 *F550 Truck Equipment - Quotes MOVED by Clausen, seconded by Fonnest and motion carried unanimously to purchase the Ford F550 hooklift system and snowplow through the Minnesota Materials Management Division for $25,531. *Letter from Helen and Jon Liss Reqardinq Conditional Use Permit for 345 Pennsvlvania Avenue South MOVED by Clausen, seconded by Fonnest and motion carried unanimously to receive and file the letter from Helen and Jon Liss, dated January 25, 2014, regarding conditional use permit for 345 Pennsylvania Avenue South. *Letter from LifeSpan Client Reqardinq Conditional Use Permit for 345 Pennsvlvania Avenue South. MOVED by Clausen, seconded by Fonnest and motion carried unanimously to receive and file the letter from a LifeSpan client, dated January 22, 2014, regarding conditional use permit for 345 Pennsylvania Avenue South. *Authorization to Siqn Master Aqreement for 2014 Pavement Manaqement Proqram Sanitarv Sewer Repair Proqram MOVED by Clausen, seconded by Fonnest and motion carried unanimously to authorize entering into Master Agreements for the 2014-2015 Sanitary Sewer Repair Program with the following companies: Gene's Water and Sewer, Highview Plumbing and Ouverson Sewer and Water. Call for Public Hearinq - Drainaqe and Utilitv Easement Vacations -Woodlawn Park and Eldridqe 3rd Addition PUD 109 Plats (4824 Triton Drive) - 3/4/14 Council Member Fonnest had questions regarding the process for notifying the neighborhood of the public hearing. Regular Meeting of the City Council February 5, 2014 Page 4 Call for Public Hearinq - Drainaqe and Utility Easement Vacations -Woodlawn Park and Eldridqe 3rd Addition PUD 109 Plats (4824 Triton Drive) - 3/4/14 - Continued Member Fonnest introduced the following resolution and moved its adoption: RESOLUTION 14-9 RESOLUTION ESTABLISHING A PUBLIC HEARING ON MARCH 4, 2014 TO CONSIDER VACATION OF A DRAINAGE AND UTILITY EASEMENT AND PLATTED OUTLOT IN THEPLATS OF WOODLAWN PARK AND ELDRIDGE 3RD ADDITION P.U.D. 109 (4824 TRITON DRIVE) The motion for the adoption of the foregoing resolution was seconded by Member Snope and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; 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. *Council Assiqnments MOVED by Clausen, seconded by Fonnest and motion carried unanimously to make the following appointments: Council Liaisons Board of Zoning Appeals Fonnest Civil Service Commission Clausen Environmental Commission Fonnest Envision Connection Project Board of Directors Harris Human Rights Commission Snope Human Services Fund Clausen Open Space and Recreation Commission Clausen Planning Commission Schmidgall Other Assiqnments Beyond the Yellow Ribbon Campaign Harris, Clausen Golden Valley Business Council Fonnest, Snope Golden Valley Historical Society Board Member Schmidgall Hennepin County Bottineau Transifinray Policy Advisory Committee Snope, Harris Hopkins School District 270 Cities Joint Meetings Harris Hopkins School District 270 Caring Youth Committee Fonnest Joint Water Planning and Governance Task Force Harris Legislative Liaison and Spokesperson Harris, Snope Metro Cities Schmidgall, Delegate Snope, Alternate Northwest Suburbs Cable Communications Commission Clausen Robbinsdale School District 281 Government Advisory Committee Fonnest Regular Meeting of the City Council February 5, 2014 Page 5 *Approval of Additional Meetinqs for Council Reimbursement MOVED by Clausen, seconded by Fonnest and motion carried unanimously to approve the meetings for Council reimbursement as listed below: Bassett Creek Watershed Management Commission Beyond the Yellow Ribbon Campaign Golden Valley Business Council Golden Valley Historical Society Hennepin County Bottineau Transitway Policy Advisory Committee Hopkins School District 270 Caring Youth Committee Hopkins School District 270 Cities Joint Meetings I-394 Joint Task Force Joint Water Planning and Governance Task Force League of Minnesota Cities (LMC) - Committee Meetings, Legislative Conference and Annual Conference Metro Cities -Annual Meeting, Legislative Adoption Meeting, Regional Briefings, and Committees Minnehaha Creek Watershed District National League of Cities (NLC) - Congressional City Conference in the spring, Congress of Cities in fall and Board Meetings Robbinsdale School District 281 Government Advisory Committee Senior Community Services Board TwinWest Chamber of Commerce - Mayor/Manager Meetings *Authorization to Sipn Aqreement with Hennepin Countv for Purchase of Wildwood Park Plav Structure MOVED by Clausen, seconded by Fonnest and motion carried unanimously to authorize the Mayor and City Manager to sign Contract No: A132333, Agreement for Golden Valley Wildwood Park Play Structure with Hennepin County for the purchase of a new structure. *Desiqnatinq Hennepin Countv as Aqent Responsible for Holdinq Public Hearinq - Multifamilv Housinq Developments and Issuance of Revenue Notes - Citv of New Hope for Homeward Bound, Inc. Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 14-10 RESOLUTION APPOINTING HENNEPIN COUNTY, MINNESOTA AS AGENT WITH RESPECT TO A PUBLIC HEARING REGARDING HOUSING DEVELOPMENTS AND THE ISSUANCE OF REVENUE OBLIGATIONS FOR THE BENEFIT OF HOMEWARD BOUND, INC. Regular Meeting of the City Council February 5, 2014 Page 6 *Desiqnatinq Hennepin Countv as Aqent Responsible for Holdinq Public Hearinq - Multifamilv Housinq Developments and Issuance of Revenue Notes - Citv of New Hope for Homeward Bound. Inc. - Continued The motion for the adoption of the foregoing resolution was seconded by Member Fonnest and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; 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. Public Hearinq - Preliminarv Desiqn Plan Approval - PUD 95 -Amendment#2 - 9191 and 9393 Wavzata Boulevard - Twin Cities Automotive d/b/a Golden Vallev TCA P, LLC, Apulicant Jason Zimmerman, City Planner, presented the staff report and answered questions from the Council. Nguyen Hoang, Baker Associates, Architect and Wayne Pisinski, Applicant, reviewed the plan 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. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Schmidgall, seconded by Fonnest and motion carried unanimously to approve the Preliminary Plan for Carousel Automobiles PUD No. 95, Amendment#2, subject to the following conditions: 1. The plans prepared by Baker Associates dated January 22, 2014, and submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from the Public Works Department to Mark Grimes, Community Development Director, dated January 6, 2014, shall become a part of this approval. 3. All signage must meet the requirements of the City's Sign Code (Section 4.20). 4. A bicycle rack shall be added to the property. 5. Additional renderings of the site, particularly the display area, shall be provided prior to Final Plan approval. 6. The final design plan shall be reviewed by the City prior to Final Plan approval. 7. The Applicant or Owner must enter into a maintenance agreement for the areas of pervious pavement. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Regular Meeting of the City Council February 5, 2014 Page 7 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD 95 -Amendment#2 - 9191 and 9393 Wavzata Boulevard - Twin Cities Automotive d/b/a Golden Vallev TCA P, LLC, Applicant - Continued In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E): 1. 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. 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. 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. 7. The PUD plan proposes a significant improvement to the parking lot and drive aisles. 8. The PUD plan proposes a new and unique use of pervious pavers. Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #114 - 701 Lilac Drive North - Tennant Companv, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Carlos Hernandez, Landscape Architect and Larry Spears, Tennant Company Corporate Facilities Manager, review the plan and answered questions from the Council. MOVED by Fonnest, seconded by Clausen and motion carried unanimously to approve the Preliminary Plan for Tennant Company PUD No. 114, subject to the following conditions: 1. The plans prepared by LHB dated September 13, 2013, and submitted with the application shall become a part of this approval. 2. The Applicant shall work with the Fire Department to create an agreement regarding the timing and triggers for critical issues, to be submitted at the time of Final Plan application. 3. The Applicant shall work with Public Works to create an agreement regarding the timing and triggers for critical issues, to be submitted at the time of Final Plan application. 4. The Applicant shall produce a Landscaping Plan at the time of Final Plan application. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Regular Meeting of the City Council February 5, 2014 Page 8 Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #114 - 701 Lilac Drive North - Tennant Company, Applicant In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E): 1. 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. 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. 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Public Hearinq - Ordinance #516 -Approval of Conditional Use Permit 136 - 345 Pennsvlvania Avenue South - LifeSpan - Fundus Praedium, LLC, Apulicant Jason Zimmerman, City Planner presented the staff report and answered questions from the Council. Mark Grimes, Community Development Director, Thomas Burt, Allen Barnard, Jeannine Clancy and Jeff Oliver, City Engineer, answered questions from the Council. Mike Whalen, Applicant, Traci Hackmann, representing LifeSpan and Rhonda Suedbeck, reviewed the plan 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. Caryl Eschweiler, 420 Pennsylvania Avenue South, reviewed the comprehensive plan which states there should be segregation between commercial and residential traffic, doesn't feel there is segregation for this project, feels the Council should look at larger picture, Pennsylvania and all of little side streets are residential or city streets, they do not have sidewalks, has not heard anyone address the pedestrian traffic, stated there are joggers, walkers and dog walkers even at 10 below, when the weather gets better you see the kids, bicycles, moms with strollers, there is a lot of pedestrian traffic, not a collector street for cars we are a collector for pedestrians, feels the entrance will cause issues with the pedestrians in the area, walkers will have to wait in the street for their opportunity to get past the parking lot entrance, feels a more appropriate entrance would be from the Laurel Avenue side, thinks changing the entrance is only a matter of grading, if on Laurel you can stop safely on the sidewalk and wait for the cars and take your turn, recommend Regular Meeting of the City Council February 5, 2014 Page 9 Public Hearinq - Ordinance #516 -Approval of Conditional Use Permit 136 - 345 Pennsvlvania Avenue South - LifeSpan - Fundus Praedium, LLC, Applicant segregating vehicle and pedestrian traffic, questions about property values would like to see more of landscape plan presentation and would like to see more of what they are planning, expressed concern for the safety of the neighborhood, auto dealerships were asked not to drive down the streets and stated there are continual violations, wants to know who will be watching LifeSpan to make sure they comply with the conditions like staff parking on Pennsylvania, what is the assurance that the City and LifeSpan can give the neighborhood does have recourse because there is no success in getting the car dealerships to stop driving in the residential area; people drive through the stop sign on Laurel and Pennsylvania, my roommate/sister could not attend and she asked that I add her voice to mine, Alison Buckland. Gill Mann, 175 Oregon Avenue South, expressed concern for the safety of children,seniors and others, volunteers with children who have had mental health issues, heart goes out to them and parents, need and deserves service but not in a residential neighborhood, showed pictures of the Shoreview and Burnsville facility and stated there are not homes in the area, there are homes near the Golden Valley proposed facility, 80 feet from residential area, all residential and parks are also in the area, most people don't know about this as residents within 500 feet get notice; there was only give a 10 day notice requirement, stated he was out of town for the Planning meeting, looked at City Code and feels it is an unusual impact and adverse effect on neighborhood; feels there will be an impact on the property values, feels LifeSpan was not real candid about the issues at the facility; stated he did research on the police calls received at the other facilities, stated the information on their website and brochures have information about some of the mental health issues service they provide and it includes severely emotionally disturbed young people which includes abuse and neglect, traumatic experiences; showed a list of police reports and reviewed the complaints, wanted to know where the kids will go if they run from the clinic; the clinic liability, showed a picture of the area sledding hill on the property and feels that no one will bring their children because they may not feel safe there; feels the property values will go down if the facility is there and that no one will buy a house in the area, feels the Council should vote no and ask the applicant to find another facility in the City. Edward Ratner, 115 Oregon Avenue South, asked what the process will be if the Council decides to approve the facility, what recourse does the neighborhood have if things are not the way they planned to be and if we encounter problems that the conditions have not been met, concern for kids out in the neighborhood, noise, evidence the program is not being run appropriately where do residents, it is not clear that this program is licensed in some way that the can complain to a licensing authority and it is not clear how the come back to the landlord or Council to say this property has been leased to an organization that we are now unhappy with how the landlord is supervising the tenant. Regular Meeting of the City Council February 5, 2014 Page 10 Public Hearinq - Ordinance #516 -Approval of Conditional Use Permit 136 - 345 Pennsylvania Avenue South - LifeSpan - Fundus Praedium, LLC, Applicant Sue Wheeler, 350 Pennsylvania Avenue South, agrees with previous speakers, a conditional use permit is for the benefit of the community, how many residents and how many children in Golden Valley are being served by this, has worked in school districts and heart goes out to parents but to you have to think about your own family, it is not in betterment to the residents, as far as traffic were told to call the police if the traffic is too heavy, no one moves into a neighborhood to police its own traffic that goes down the street, if passed a driveway from Laurel is the only solution, wanted to know how much square footage is in the building, she thought it is a lot of footage for 85 students and staff, asked about the rest of the site, stated she got hurt by a student and has a disability stated she knows how violent they can be, how out of control they can be, supports the organization does not support the location. Phillip Perl, 115 Maryland Avenue South, stated he lives in the neighborhood very comfortably, has not had any fear living in his neighborhood and thinks it is important to be aware of the good fortune he has had and others who have not had such good fortune, thinks it is the right thing to da to open the facility in the area with open arms, feels a lot of the things that he has been hearing are a little far-fetched, sounds like they are not going to run out into the street, deal drugs, feels it is natural to be a little worried but thinks that our safety is not under threat if this facility comes in, traffic is one concern but not enough to not allow them, feels it would be a moral transgression to say that this facility should not be there. Joyce Ratner, 115 Oregon Avenue South, feels it is the right thing to do but not in a residential neighborhood, had been a school social worker and worked in level 2 and 3 settings, even at Hopkins Junior High School there was a police liaison full time on site; there were numerous calls, their material talks about violent kids but not in a neighborhood. Neil Willardson, 7450 Ridgeway Road, stated it sounds like this is an experiment for residents and the applicant, the difference is that this is in a residential setting, it is much different in a residential setting with a whole new set of risks and liabilities, stated he came thinking there may be a way through how this facility could be approved and one of the items was an entrance from Laurel but now he doesn't support this issue, concerned with what he have heard about the nature of this operation, the lack of a forthcoming response from the applicant about the nature of the activity that will take place and the wide difference between the proposal and marketing materials, when asked about if there were people who left unauthorized and then was told there was none and there was a report that there was a juvenile runaway, concerned that LifeSpan will work with the neighbors, when asked if employees could park in the other lot when the busses were lining up and there was an argument on why that was not a possibility that suggests to me that it is unlikely the applicant will work with the neighbors and feels they will fight us in every turn and feels it doesn't fit the neighborhood. Regular Meeting of the City Council February 5, 2014 Page 11 Public Hearinq - Ordinance #516 - Approval of Conditional Use Permit 136 - 345 Pennsvlvania Avenue South - LifeSpan - Fundus Praedium, LLC, Applicant Jan and Brian Klein, 510 Pennsylvania Avenue South, thanked the Council and staff who they have spoken to on the phone and sent emails, think the concerns started as traffic and turned to the thought of the kids being outside and exposed to the level of the emotionally disturbed kids that are across the street from us or right on the corner, has young children and they wont be at the bus stop for a few years but if this gets approved that is what they are facing and hoped the Council denies the conditional use permit. Justin Perl, 115 Maryland Avenue South, stated he is on the fence on this issue as it is a difficult issue, wanted clarification on inconsistent evidence that he heard on the number of calls received to the other facilities and would like to get the facts on the runaways, asked what the staffing ratio is staff to kids and feels with that information the Council can make an appropriate decision. Pete Moore, 7501 Ridgeway Road, has children and stated he works with at risk kids many of which have been neglected and abused, thinks the work is commendable, doesn't think appropriate in this area, stated he works in a more tight run facility, concern the way things have been minimized when asked about suicides and the suicides attempted on site, kids are liking to have media driven suicide and kill others and themselves and run away, stated he and his family are in the yard a lot but feels that if the facility is approved it will cause his family to move inside the home, wanted to know about a lockdown plan, wanted to know the level of the kids that are coming to the facility and why they can't be served by a school. Adam Hiler, 305 Pennsylvania Avenue South, echoes what other concerns the neigbors have said, concerned for someone running away, feels they are going to run away and even if they don't get very far they can get the 80 feet to his house, thought there would be more done for landscaping plan, feels a line of bushes is not sufficient and if this would pass suggested doing something like a fence on the north side of the building, stated he looks out over property and can look down into the windows of that property, feels that there are going to be a lot of kids and staff on the site, concerned property values will take a hit and that it would not be good for resale. Debbie Mann, 175 Oregon Avenue South, stated she sits on a board for special needs kids and cares that the kids have a place but not in a residential area, has a friend who has emotionally disturbed child and she stated she wouldn't want to be in a residential area as a parent but said she should support the facility but not the location. Kristin Peterson, 330 Pennsylvania Avenue South, agrees with previous speakers, feels the conflict comes because this property is protruding into a residential area, it is a zoning error, talked to the previous planner about it feels it is an error in zoning that needs to be taken care of or we will be back here again when the next applicant comes forward, it is this awkward piece of land that sticks out there and that is why the conflict is happening and feels it does not align with the comprehensive plan. Regular Meeting of the City Council February 5, 2014 Page 12 Public Hearinq - Ordinance #516 -Approval of Conditional Use Permit 136 - 345 Pennsvlvania Avenue South - LifeSpan - Fundus Praedium, LLC, Applicant Jill Smith, 1409 Gettysburg Avenue North, stated she is a resident that works for LifeSpan, stated as a citizen of Golden Valley she wanted to let residents know that she wouldn't have any concerns about this facility being next to my house, no concerns for her personal safety, for the people around the site because of the children served, her children have been in the building she works in and she does not have any safety concerns for her children as they aren't there to hurt other people they are there to get treatment, they are coming to get help and feels it is really important that they have access to that help, stated she understands that this is scary for people who don't know the kids, the organization and is next to their house and understands that is concerning to them, stated she has done this for a long time with this agency and she doesn't have that same level of concern as she feels they have the ability to keep the kids safe and to keep the community safe. Joseph Dixon, 120 Idaho Avenue North, concerned about some of the language he has been hearing about the students, feels it is inflammatory, prejudicial and offensive, have heard a lot of rhetoric but not heard any hard statements on whether any of these students have injured anyone but themselves, asked what the number of incidents are for either intentional or unintentional, asked if that is unusual either high or low for this kind of population of children at any school facility because without a solid reason to actually think that these students are more dangerous to anyone other than themselves, which has been established, and that is why they are there receiving treatment and doesn't want to see a decision based upon emotion and a fear which is not real. Daniel Dixon, 120 Idaho Avenue North, whether or not there is an actual safety risk there is clearly a perception among current residents that this facility is a problem that may reduce their property values, if there is a perception among current residents that this is an issue there will undoubtedly be similar perception among prospective residents so he would like to see more than one quick opinion regarding property values and feels that an in-depth analysis is warranted. The Mayor closed the public hearing. MOVED by Fonnest to direct staff to approve a 60 day extension. Council Member Fonnest withdrew the motion. MOVED by Harris, seconded by Fonnest and motion failed to table consideration of Conditional Use Permit Number 136, direct staff to determine findings and determinations for consideration at the February 18, 2014 City Council meeting, and direct staff to extend the 60 day approval. Council Member Clausen, Schmidgall and Snope voted no. Regular Meeting of the City Council February 5, 2014 Page 13 Public Hearinq - Ordinance #516 -Approval of Conditional Use Permit 136 - 345 Pennsvlvania Avenue South - LifeSpan - Fundus Praedium, LLC, Applicant The following ordinance was MOVED by Schmidgall, seconded by Snope: ORDINANCE NO. 516, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 136 345 Pennsylvania Avenue South Fundus Praedium, LLC (LifeSpan), Applicant MOVED by Schmidgall, seconded by Snope and motion denied to adopt Ordinance #516, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - NO FONNEST - NO HARRIS - NO SCHMIDGALL - YES SNOPE - YES MOVED by Harris, seconded by Fonnest and motion carried to direct staff to prepare finding and determinations for denial of Conditional Use Permit Number 136 for consideration at the February 18, 2013 City Council Meeting. Council Member Clausen voted no. Some of the findings based on the discussion of the Council are: not the appropriate location next to residents, unique or unusual situation/circumstances, impact and perception of loss of property values, increase in noise and traffic from buses and vans, increase in police calls, potentially threaten the health, safety, and welfare of the City and its residents and intensity of the proposed use. Purchase of Lions Park Plavqround Eauipment Rick Birno, Director of Parks and Recreation, reviewed the Lions Park playground equipment and answered questions from the Council. MOVED by Clausen, seconded by Snope and motion carried unanimously to authorize the purchase and installation of play structure equipment at Lions Park from the neighborhood selected vendor, Flanagan Sales, Inc. for $65,000. Announcements of Meetinqs Some Council Members may attend the Seven Dreams Education Foundation Bird Bash on February 8, 2014 at 6:30 pm at the Plymouth Creek Center. The next Council/Manager meeting will be held on February 11, 2014at 6:30 pm. The City Offices will be closed on February 18, 2014 in observance of President's Day. Regular Meeting of the City Council February 5, 2014 Page 14 Announcements of Meetinqs - Continued Some Council Members may attend the West Metro Home Remodeling Fair on February 23, 2014 from 10:30 am to 3:30 pm at the Eisenhower Community Center, 1001 Highway 7. The Wildwood Park Play Structure Neighborhood Meeting will be held on February 24, 2014 from 6 to 7 pm at the Brookview Community Center. Some Council Members may attend the Golden Valley Business Council on February 27, 2014 from 7:30 to 9 am at the TwinWest Chamber of Commerce, 10700 Old County Rd 15 #170. Robbinsdale School District has various dates to make bowls for the Empty Bowls event scheduled for March 11, 2014 from 4 to 7 pm at the Sandburg Learning Center. The dates to make bowls are as follows: Robbinsdale Middle School, February 8, 2014 from 10 am to noon; February 10 from 6:30 to 8 pm; and February 24 from 6:30 to 8 pm and Plymouth Middle School on February 13 from 6 to 7 pm. The Sacred Harp singing will be held at the Golden Valley Historical Society on March 13, 2014 at 7 pm. Mavor and Council Communications Hennepin County Commissioner Linda Higgins is holding an outreach program on February 11, 3014 from 5:30 to 7 pm at the Golden Valley Davanni's. Mayor Harris stated there was an article in the StarTribune about teen activities and he was contacted by the same reporter and she is doing an article about group homes. There is also going to be an article in the StarTribune about emergency water wells. Council Member Fonnest updated the Council on the Newly Elected Officials Conference conducted by the League of Minnesota Cities he attended. Adiournment MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to adjourn the meeting at 10:45 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant