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09-18-07 CC Minutes unsigned Regular Meeting of the City Council September 18, 2007 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 September 18, 2007 at 6:30 pm. 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. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of September 18, 2007 as submitted. Staff will distribute copies of the response to the issue of same-sex unions mentioned in the July 12, 2007 Human Rights Commission minutes. Citizen Input Mayor Loomis introduced the agenda item. Jamie Cochlan, 2145 Wisconsin Avenue North, stated she is moving out of the city and became aware of the seweroscopy in preparing to move, has talked to the Metropolitan Council about the I/I problem and understands the need; feels the seweroscopy is not well thought out and may not be necessary, feels it is a financial hardship on residents, saw the article in the CityNews in July but didn't think it was a big deal until she decided to move; found out is costs an average of$3,600 to fix the pipes; she saw her's being done but only saw a little water and a little tree root; talked to the City of New Hope and they don't require a seweroscopy and they seal the manhole covers; asked if Golden Valley has sealed them; feels that when it rains a lot more water went thought the manhole then her little leak; the lowest bid she got so far was $3,100 and feels that contractors know they have residents over a barrel and are taking advantage of them; feels the Council should work with the contractors to give them a decent price; and wanted to how often the city sewers are cleaned. Jeannine Clancy and Thomas Burt answered questions from the Council. The Mayor continued the meeting. Approval of Consent Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of September 18, 2007 as amended: Removal of Authorizing Installation of All- Way Stop Signs - Golden Valley Road and Wisconsin Avenue North. Regular Meeting of the City Council September 18, 2007 Page 2 Approval of Consent Aqenda - Continued Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - August 21, 2007 and Council/Manager Meetinq - September 11, 2007 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council meeting minutes of August 21, 2007 and the Council/Manager meeting minutes of September 11 , 2007 as submitted. *Bills and Claims MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City bills as submitted. *Solicitor's License - NARAL Pro-Choice Minnesota MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for NARAL Pro-Choice Minnesota. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - July 12, 2007 Environmental Commission - July 23, 2007 Joint Water Commission - July 16, 2007 Human Services Foundation - July 9, 2007 Envision Connection Project Board of Directors - July 26, 2007 *Petition Reqardinq Parkinq Restrictions on Louisiana Avenue North MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the petition and photographs from Craig Kupritz, dated August 31, 2007 regarding parking restrictions on Louisiana Avenue North near Lions Park. Authorizinq Installation of All-Wav Stop Signs - Golden Vallev Road and Wisconsin Avenue North Council Member Pentel commended staff for the detail in the summary and had questions about the medians. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council September 18, 2007 Page 3 Authorizinq Installation of All-Way Stop Signs - Golden Valley Road and Wisconsin Avenue North - Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 07-39 RESOLUTION AUTHORIZING INSTALLATION OF ALL-WAY STOP SIGNS AT THE INTERSECTION OF GOLDEN VALLEY ROAD AND WISCONSIN AVENUE NORTH 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. *Authorization to Siqn Aqreement with SEH, Inc. for Bicvcle and Pedestrian Trial and Walk System Analysis MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the City Manager to sign a contract with SEH, Inc. to prepare a Bicycle and Pedestrian Trail and Walk System Analysis for an amount not to exceed $33,200. Public Hearinq - Preliminarv Plan Approval - PUD #67 -Westwood Lake Office Park - Amendment#2 - 8401, 8421 and 8441 Wavzata Boulevard Richard Hennings, Architect, representing the applicant reviewed the plan and answered questions from the Council. Cathy Waldhauser presented the Planning Commission report and answered questions from the Council. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Jeannine Clancy, Thomas Burt and Allen Barnard 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. Susan Reid, 1114 Wisconsin Avenue South, strongly opposes the construction of the building, that is the only accessible green space in the area for her to walk her dog; stated there are only nine homes in that area and the tenants walk in the neighborhood and park in their house and eat their lunch, doesn't want to co-exist with 100 more people; if the turf is taking away and more concrete is added it will increase the already noisy area; feels her property taxes will increase; the parking garage on the west side office building is Regular Meeting of the City Council September 18, 2007 Page 4 Public Hearinq - Preliminary Plan Approval - PUD #67 -Westwood Lake Office Park - Amendment#2 - 8401, 8421 and 8441 Wayzata Boulevard - Continued completely empty and an auto dealership rents the space; doesn't want it in her neighborhood and maybe it can be built in another location. Brian Minsk, 1030 Wisconsin Avenue South, stated the neighborhood is upset and some neighbors feel it won't make a difference if they attend the public hearing and state their opposition; stated they already get some traffic from people who take the wrong exit and end up in their neighborhood; feels they are just cramming the building in the area and it could be built at another location; feels it will change the dynamics of the neighborhood; suggested tearing down the other office building since it is not rented and put the new one up in its place. The Mayor closed the public hearing. The Council reviewed the following as findings to support possible approval of the preliminary plan of the Amendment to PUD No. 67: 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 portions 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. 4. Consistency. 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. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to the effect that based on the findings discussed above the Council approves the preliminary design plan, Amendment No. 2, PUD No. 67, Westwood Lake Office Park, subject to the following conditions: 1. The plans prepared by Westwood Professional Services become a part of this approval. (Plan Sheets C-1.0, C-2.0, C-3.0, C-4.0, C-5.0, A-0.1, A-0.2, L-1.0, and A-2.0) 2. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated August 6, 2007 shall become a part of this approval. 3. The recommendations in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes and dated July 24, 2007 shall become a part of this approval. Regular Meeting of the City Council September 18, 2007 Page 5 Public Hearinq - Preliminarv Plan Approval - PUD #67 - Westwood Lake Office Park - Amendment#2 - 8401, 8421 and 8441 Wayzata Boulevard - Continued 4. A revised "Amended and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements" shall be submitted to the City with the Final Plan application for the PUD. This revision shall include language about how the new 26,000 square foot office building operates within the entire Westwood Lake Office Park. 5. The parking lot at the southeast corner of the property on Lot 4 (south of the new 26,000 square foot office building) shall meet the setback requirements for the Business and Professional Offices Zoning District. (The site plans shall be revised to indicate this change.) If additional parking is needed after construction of the building, an additional parking deck shall be required to be constructed. The parking plan shall be re-examined by the applicant and Mark Grimes to determine if any of the parking spaces shown in the plans can be eliminated. 6. A new final plat of PUD No. 67 showing four rather than three lots shall be filed by the applicant with Hennepin County within 60 days of City Council final plan approval. Proof of filing shall be provided to the City. 7. The applicant shall re-examine the north fa�ade of the proposed new building to determine if it can be made more inviting and welcoming. 8. The applicant shall enhance the landscape screening along Wisconsin Avenue and the frontage road. 9. The applicant will provide continuous sidewalk access from the front door to Wayzata Boulevard 10.Bicycle parking shall be shown on the site plan. 11.The final landscape plan shall be reviewed by a landscape architect at the cost of the applicant. Public Hearinq - Ordinance #384 - Planninq Commission Servinq as Board of Zoning Appeal Members The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 384, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.90 Allowing Planning Commissioners to Serve as Alternates on the Board of Zoning Appeals Mark Grimes, Director of Planning and Development introduced the agenda item 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. Regular Meeting of the City Council September 18, 2007 Page 6 Public Hearinq - Ordinance #384 - Planninq Commission Servinq as Board of Zoninq Appeal Members - Continued MOVED by Pentel, seconded by Scanlon and motion carried to approve Ordinance #384. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Staff will inform the Council of the date of the training session with the Planning Commission and the Board of Zoning Appeals. Public Hearinq - Street Easement Vacation - 6045 St. Croix Avenue North Jeannine Clancy introduced the agenda item 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. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 07-40 RESOLUTION VACATING A PORTION OF A STREET EASEMENT AT 6045 ST. CROIX AVENUE NORTH 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. Second Consideration - Ordinance #383 - Parade and Special Event Permits The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 383, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 8.11 of the City Code Providing for Parade and Special Event Permits Stacy Altonen, Police Chief introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Shaffer, seconded by Freiberg and motion carried to approve on Second Consideration, Ordinance #383. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council September 18, 2007 Page 7 Announcements of Meetings A Bassett Creek Water Management Commission meeting will be held on September 20, 2007 at 11:30 am. The Human Services Foundation Golf Classic will be held on September 21, 2007 at 8 am at the Brookview Golf Course. Some Council Members may attend the PRISM Golf Outing and Silent Auction on October 2, 2007 at 6 pm at Good Sheppard Church. The next City Council meeting will be held on October 2, 2007 at 6:30 pm. The next Housing and Redevelopment Authority meeting will be held on October 11, 2007 at 6:30 pm. The next Council/Manager meeting will be held on October 11, 2007 immediately after the HRA meeting. A League of Women Voters Candidate Forum will be held on October 10, 2007 at 7 pm at City Hall. Mavor and Council Communications No action and/or discussion took place. Adjournment The Mayor adjourned the meeting at 8:25 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant