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09-02-14 CC Minutes cit of OFFICIAL MINUTES eoldbi CITY COUNCIL MEETING Salle GOLDEN VALLEY, MINNESOTA September 2, 2014 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Fonnest, Clausen, Schmidgall and Snope. 1 B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the agenda of September 2, 2014, as revised: Amendment to 3M-Approve one-year extension for 1315 Angelo Drive to change extension date to 2015 and addition of 3N- Receive and file application for Minor Subdivision for Hanson Wood Shores and the motion carried unanimously. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Snope, seconded by Council Member Schmidgall to approve the consent agenda of September 2, 2014, as revised to amend item: 3M-Approve one-year extension for 1315 Angelo Drive, addition of 3N-Receive and file application and removal of 3F-Award 2014 Winnetka Avenue Streetscape Paver Rehabilitation Project, and 3F-Letter, Emails and/or Petitions and the motion carried unanimously. 3A1. Approve the Minutes of City Council Meeting - August 6, 2014. 3A2. Approve the Minutes of Special Council/Manager Meeting - August 6, 2014. 3131. Approve City Check Register and authorize the payments of the bills as submitted. 3132. Approve Housing and Redevelopment Authority Check Register and authorize the payments of the bills as submitted. 3C1. Approve Solicitor's License for NARAL Pro-Choice Minnesota. 3C2. Approve General Business License. 3C3. Approve Temporary On-Sale Malt Liquor Special Event Permit - Hire A Host/Rudolph's BBQ Catering for Golden Valley Days Art & Music Festival. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - July 14, 2014 2. Open Space and Recreation Commission - June 30, 2014 3E. Bids and Quotes: Award contract to Flag Builders of Minnesota, Inc. in the amount of $112,450 for the 2014 Hampshire Park Shelter Roof Replacement Project. '2PCSruhaper PGRd fliVp"�j�"��i a. AutheFize Cooperative AgFeemeRt with the Bassett Greek WateFshed Management �r\mmicci�n " �"� SeFVino Offinor Anr emont With BreGk Cnhr`nl fer 2014 201 5 ��vrv�v-rrry � ..7�e•cr'rrcnrv'v'rrrrvr vrr�v� . 3H. Approve Requests for beer and/or wine at Brookview Park as recommended by staff. 31. To call for public hearing for certification of special assessments for October 7, 2014. 3J. To set the date of the Truth-in-Taxation public hearing for Tuesday, December 2, 2014 at 7 pm. Official City Council Minutes -2- September 2, 2014 3. APPROVAL OF CONSENT AGENDA-Continued 3K. To receive and file the July 2014 Financial Reports. X. Adopt Resolution 14-70 for Approval of Plat - Fretham Twenty-Five. 3M. Approve a one-year extension for approved Zoning Code Variances for 1315 Angelo Drive to November 3, 2015. 3. ITEM ADDED TO THE CONSENT AGENDA 3N. To Receive and file a Letter regarding Application for Minor Subdivision for Hanson Wood Shores. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3F. Schaper Pond Diversion Project a. Authorize Cooperative Agreement with the Bassett Creek Watershed Management Commission. b. Authorize Professional Engineering Services with Barr Engineering Company. City Engineer Oliver presented the staff report and answered questions from the Council. MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the Cooperative Agreement for the design and construction of water quality improvements at Schaper Park and the motion carried unanimously. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to authorize entering into an agreement with Barr Engineering Company for the design and construction coordination of the Schaper Park Improvements in an amount not to exceed $142,400 and the motion carried unanimously. 3G Authorize the Mayor, City Manager and Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2014-2015. Mayor Harris stated a typo was found in the contract which should read forty instead of forth. MOTION made by Mayor Harris, seconded by Council Member Fonnest to authorize the Mayor, City Manager and Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2014-2015 and the motion carried unanimously. 4. PUBLIC HEARING 4A. Continued Public Hearing - Ordinance No. 527 - Amendments to the Zoning Map for 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant Planning Manager Zimmerman presented the staff report and stated public hearing items 4A and 4B will be combined in this discussion, but voted on individually. He answered questions from the Council. City Manager Burt answered questions from the Council. City Attorney Barnard answered questions from the Council. MOTION made by Council Member Snope, seconded by Council Member Clausen to table Ordinance No. 527, Rezoning 305 and 345 Pennsylvania Avenue South, to the City Council meeting of September 16, 2014, upon a vote being taken, the following voted in favor: Harris, Snope, Clausen and Fonnest and the following voted against: Schmidgall and the motion carried. Official City Council Minutes -3- September 2, 2014 413. Continued Public Hearing - Preliminary PUD Plan for Laurel Ponds PUD No. 117 for 305 and 345 Pennsylvania Avenue South - Lake West Development, LLC, Applicant MOTION made by Council Member Snope, seconded by Council Member Clausen to table the Preliminary Plan for Laurel Ponds PUD No. 117 to the City Council meeting of September 16, 2014, upon a vote being taken, the following voted in favor: Harris, Snope, Clausen and Fonnest and the following voted against: Schmidgall and the motion carried. 4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - Wessin Property Planning Manager Zimmerman presented the staff report and answered questions for the Council. City Manager Burt answered questions from the Council. City Attorney Barnard answered questions from the Council. Mayor Harris opened the public hearing. Ms. Jacqueline Day, 1334 Spring Valley Road, said she lives on Sweeny Lake and was there to represent the applicants, Mr. and Mrs. Wessin. She stated she had two important points to make regarding the application. She stated the first point was Mr. Wessin has a plan for his parcels which does not require a new street to be built and added his plan answers all of the future development questions in a legal and environmentally friendly manner. She said the second point is, the City does not have a right to prevent the proposal from happening and added city staff should not have their own plan for his land. She reviewed the description of the property and reviewed the history. She said Mr. Wessin realized if he were to develop the land, there are only two ways to make it work, the first being to sell it to a big developer with deep pockets who would shoot for maximum density, or to approve the application being presented with only two new homes on it. Any other plan, she added including what the City is offering, would not work. She said recently Mr. Wessin has reviewed plans from different developers, who felt they could redevelop the property in an environmentally friendly way with medium density, but after reviewing the costs associated with it, their plans changed to maximum density, or they decided not develop it. She said she felt city staff is ignoring the cost of developing the land that would work best financially and environmentally and explained the process Mr. Wessin used to develop his plan. She provided pictures and gave an overview of each of the owners and their property in the area and read a letter in favor of Mr. Wessin's proposal from a neighbor who was not able to attend. She said that last year, Mr. Wessin brought an application to the City which included three house, but it would require a variance. She added at the time, he was told that nothing would prevent him from subdividing the land into two lots and therefore he submitted an application for a Minor Subdivision that met the requirements needed without a variance. She said the property at 1801 Noble and how it was marketed as a single family home but was sold to Lecy Brothers Homes who planned to tear down the home and build three new ones. She stated Mr. Lecy would be unable to redevelop the land because City Code requires 80 feet of road frontage for every single family home and added he had full knowledge of this when the sale was done but after he went to City Staff to demand a road. She said this issue is causing the Planning Commission and City staff to require Mr. Wessin to dedicate his land for right-of- way purposes for a new street extension to Noble Road which would end in a cul-de-sac where the homes would be built. She said the estimated cost of would be a minimum of $550,000 which would be assessed to the owners who abut the street and since the measurement for the assessments is linear footage Mr. Wessin, who has the majority of it, would bare most of the cost but the main benefiter would be the developer, Mr. Lecy. Official City Council Minutes -4- September 2, 2014 4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued Ms. Day stated she has presented three legal reasons why Mr. Wessin should not have to dedicate right-of-way for a future street and read a letter from Mr. Tannick who is in support the application. She said at the last Planning Commission meeting, Mr. Lecy stated he would pay for the street but after meeting, Mr. Wessin realized he would not, which has caused another delay and more expense to Mr. Wessin. When asked by Mayor Harris if Ms. Day was representing Mr. Wessin, she stated she was representing him as a friend and home owner on Sweeny Lake. The Mayor then asked if she was representing him in any particular business. She replied she has in the past, but not for this application. Ms. Day added she was here because she is familiar with the process and that questions regarding this could be addressed to her. Ms. Shanna Hanson, 4800 Killarney Drive, stated she was a new resident on Sweeny Lake and she supports everything Ms. Day said. She said she felt the required dedication would be a land grab. Mr. Roy Lecy, 1801 Noble Drive, stated he is part owner of the property and was working with the City on developing the land, but the only alternative they would agree to was with the addition of a road with a cul-de-sac and to assess the surrounding parcels. He said he proposed to build three homes, two new ones and one to replace the current home being torn down. He said whenever land is developed by a lake it could have an impact the lake and when his company is done developing it the impact would be a positive one. He added that he has submitted a PUD application that solves everybody's problem. He said it asks for a variance so that he can access the lots from the existing property driveway and he would run water from Noble Drive to connect city sewer to the property. He said then Mr. Wessin would not have to give up 30 feet of his property and be assessed for a future road. Mr. Lecy indicated he would dedicate 20 feet of his property to the City. He stated the variance needed would be similar to the one granted on St. Croix Circle earlier and added he does not want to put in a public road if it is not necessary. Mr. Scott Lucas, Olson & Lucas, Applicant's Attorney, stated he submitted one of the letters the Council received in their Council packet. He said he would like to clarify a statement made earlier regarding there being an obligation to plan for future development on the south end of the property. He said he thought this statement refers to City Ordinance Section 12.20 which in part reads "where adjoining areas are not subdivided the arrangement or streets in new subdivisions shall make provisions for streets." He said this subdivision would not fall under Section 12.20 because it is a minor one and added minor subdivisions are governed by Section 12.50. He said this has a variety of important implications with the first being Section 12.50 expressly provides that 12.20 is the street plan ordinance that would be superseded by Section 12.50. He questioned if a street should be a required in a minor subdivision application. He read Section 12.50, Subdivision 1 and said somehow we have gotten into a big discussion of streets which he felt was not appropriate with this ordinance. He said there are provisions for easements to be required in a minor subdivision application, but it must service a "necessary public purpose" and this one does not. He said "public purpose" was not defined in the City Code but is in Minnesota State Statute which he read. He said earlier it was stated that the property owners did not reach an agreement and added this is inaccurate because they all did except for Mr. Lecy which he felt changed tonight because Mr. Lecy said he will go along with the plan. He gave a history of his client's background regarding the property and respectfully requested the City grant the application without the road dedication. Official City Council Minutes -5- September 2, 2014 4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued Mr. Joel Mintz, 1535 St. Croix Circle, said he lives across the street from the proposed development. He said that he heard tonight that Mr. Lecy would be ok with the plan that Mr. Wessin has and he would be willing to use the road that he currently has which is 20 ft. wide and in the future look for a variance. He said he felt there should no longer be an objection to Mr. Wessin's plans. Ms. Amanda Cialkowski, 1040 Angelo Drive, said she is on the Board for Sweeny Lake Association and has reviewed the materials being presented tonight. She said section 12.50 should be what applies here and the only issue is if this is necessary for a public purpose. She said she agrees Mr. Wessin should not have to continue to wait because his application meets the guidelines. Mr. Gerald Dahl, 4720 Killarney Drive, said he lives on the other side of the lake and that it is very important to keep Sweeny Lake as it is. He supported what has been said and Mr. Wessin's proposal. Mr. David Hanson, 1030 Angelo Drive, said he has lived on the lake for 49 years and that what is being purposed does not sound too wonderful. He stated the Sweeny Lake Association voted in favor of Mr. Wessin's application and wished the City would see it the Association's way. Mr. Bill Wilson, 1840 Major Drive, said he is the president of Sweeny Lake Association and that the Council has already received a resolution from them. He stated the Board would discuss future subdivisions, but for now the issue is Mr. Wessin's application and asked that the application be granted without any land dedication. Mr. Stephen Mahle, 1410 Spring Valley Road, said he does not see any reason to delay the approval of Mr. Wessin's request because it is fair and legal. Ms. Jane McDonald Black, 924 Adeline Lane, said she serves as an alternate on The Bassett Creek Watershed Commission but was not representing them today. She said she hopes the City would consider the good of the lake and environment for the public. Mr. Peter Mayer, 4800 Killarney Drive, said he was a new resident on the lake and he supports Mr. Wessin's application. He said the applicant is responsible for the water quality and the environment. Mayor Harris closed the public hearing. There was much Council discussion regarding the Preliminary Plat Approval for Hanson Wood Shores the Wessin Property. MOTION made by Council Member Fonnest, seconded by Mayor Harris to table the item until the October 7, 2014 Council meeting, upon a vote being taken, the following voted in favor thereof: Fonnest and Harris and the following voted against: Snope, Schmidgall and Clausen and the motion failed. Official City Council Minutes -6- September 2, 2014 4C. Public Hearing - Preliminary Plat Approval - Hanson Wood Shores - continued MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the Preliminary Plan for Hanson Wood Shore development without the land dedication with the following conditions, upon a vote being taken, the following voted in favor thereof: Fonnest, Snope, Schmidgall and Clausen the following voted against: Harris and the motion carried. 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of $ 26,400 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 17, 2014, shall become part of this approval. 4. The Fire Chief's memorandum, dated March 14, 2014, shall become part of this approval. 5. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 6. All applicable City permits shall be obtained prior to the development of the new lots. 6. NEW BUSINESS 6A. Approve Resolution 14-71 Adopting a Proposed 2015 - 2016 Budget and Tax Levies Payable in 2015. Finance Director Virnig presented the staff report and answered questions from the Council. There was much Council discussion regarding the proposed 2015 - 2016 budget and tax levies payable in 2015. MOTION made by Council Member Fonnest, seconded by Mayor Harris to table the adoption of the resolution until the September 16, 2014, Council meeting upon a vote being taken, the following voted in favor thereof: Fonnest and Harris and the following voted against: Snope, Clausen and Schmidgall and the motion failed. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 14-71 Adopting a Proposed 2015 Budget and Proposed Tax Levies Payable in 2015, upon a vote being taken, the following voted in favor thereof: Snope, Schmidgall and Clausen and the following voted against: Fonnest and Harris and the motion carried. 6B. Announcements of Meetings. The next Council/Manager meeting will be held on September 9, 2014, at 6:30 pm in the Council Conference Room. The Human Rights Commission Conversations: September 11th National Day of Service and Remembrance will be held on September 11, 2014, from 6 to 8 pm at Second Harvest Heartland West. The Golden Valley Arts and Music Festival will be held on September 13, 2014, from 9:30 am through 9:30 pm on the City Hall Campus. The next City Council meeting will be held on September 16, 2014, at 6:30 pm in the Council Chambers. The Golden Valley Human Services Golf Classic will be held on September 19, 2014, starting at 8 am at Brookview Golf Course. Official City Council Minutes -7- September 2, 2014 6C. Mayor and Council Communications. Council discussed revisiting the winter parking ordinance at the next Council/Manager meeting on September 9, 2014. City Manager Burt reviewed the agenda for the September 9, 2014, Council/Manager meeting. Mayor Harris gave an update on a proposed development in the City. 7. Adjournment MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest and the motion carried unanimously to adjourn the meeting at 10:32 pm. X, hep rd Harris, Ma or ATTEST: Kristine A. Luedke, City Clerk