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08-02-06 CC MinutesRegular Meeting of the City Council August 2, 2006 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 August 2, 2006 at 6:30 pm. The following members were present: Freiberg, present were: Thomas Burt, City Manager; Allen Administrative Assistant, Presentation of Certificate of Appointment Loomis, Pentel, Scanlon and Shaffer. Also Barnard, City Attorney; and Judy Nally, Mayor Loomis stated that Linda Morrissey, Board of Zoning Appeals, was unable to attend. Presentation of Awards to 2006 Photo Contest Winners Cheryl Weiler, Communications Coordinator, thanked the judges who were Cindy Kim of Great Photos Fast and Cindy Kim Photography; Jerry Beck, City of New Hope Communications Coordinator; Pat Brink, City of Eden Prairie, Communications Coordinator; and Ellen G. Anderson, a former winner. Winners in attendance were presented with a Certificate of Appreciation and cash award. The winners are: Enhanced Third Place, Rich Smith, 5601 Glenwood Avenue; Enhanced Second Place, Adam Buttress, 30 Lawn Terrace; Enhanced First Place, Tim Erickson, 2250 Orkla Drive; Lifestyle Third Place, Tom Eklo, 8064 Golden Valley Road; Lifestyle Second Place, L. J. Linehan, 4820 East Marie Lane; Lifestyle First Place, Richard Gunderson, 216 Winnetka Avenue North; Natural Third Place, Lyn Hamlin, 1510 Maryland Avenue North; Natural Second Place, Carole Beach, 2510 Parkview Boulevard; and Natural First Place and Overall Grand Prize Winner, Shawn Dooley, 2701 June Avenue North. The Council congratulated the winners and thanked the photographers who participated. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of August 2, 2006 as amended: Addition of Letters from Barb Vogel, Patrick and Katie Duffy and Brad and Pam Koene Regarding Preliminary Plat Approval for 4736 Glenwood Avenue. Citizen Input Mayor Loomis introduced the agenda item. Regular Meeting of the City Council August 2, 2006 Page 2 Citizen Input - Continued Shar Jesse, 743 Winnetka Avenue South, stated the stadium tax bill is waiting for final approval from the Hennepin County Board of Directors and it is up to them if the bill stands as is with a referendum; feels that the public should be allowed to vote on the tax bill; feels a majority of the people want to vote on the tax; stated there has not been an exemption granted to a law concerning local sales tax and this would be the first time it was allowed to happen; feels that the owner of the businesses can afford to build the stadium; stated she supports the activist group fighting for a referendum for the stadium tax; feels that the 46 cities within the County deserve to vote on the stadium and asked the Council to adopt a resolution in support of the law and support a county -wide referendum and distributed copies of the resolution. Janet Nye, stated she supported the comments made by the previous speaker. Kathy Mucha, 236 Janalyn Circle, regarding the "McMansion" issue, stated petitions were submitted a few weeks ago and she requested a clarification of the "McMansion" issue; requested a public discussion at a future date to allow the public to be notified and involved in the issue of concern to the character of the City as stated in the petitions. The Mayor continued the meeting. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the consent agenda of August 2, 2006 as amended: Addition of Letters from Barb Vogel, Patrick and Katie Duffy and Brad and Pam Koene Regarding Preliminary Plat Approval for 4736 Glenwood Avenue; and Removal of Approval of Plat - Brakins Addition. *Approval of Minutes - City Council Meetings - July 5 and July 18, 2006 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of July 5 and July 18, 2006 as submitted. *Bills and Claims MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Regular Meeting of the City Council August 2, 2006 Page 3 *Minutes of Boards and Commissions - Continued Election Task Force - June 26, 2006 Building Board of Review - March 20, 2006 Board of Zoning Appeals - June 26, 2006 Planning Commission - July 10, 2006 Joint City Council and Planning Commission Meeting - July 17, 2006 *Letter from Larry Kennebeck Regarding Resignation from Human Services Foundation MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the letter fro Larry Kennebeck, dated July 20, 2006, regarding resignation from the Human Services Foundation and request the Mayor send him a letter of appreciation in recognition of his service to the community. *Petition from Citizens for Neighborhood Compatibility Regarding Residential Compatibility Standards - "McMansions" MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the petition from the Citizens for Neighborhood Compatibility, received July 17, 2006, regarding residential compatibility standards - "McMansions". Letters from Barb Vogel, Patrick and Katie Duffy and Brad and Pam Koene Regarding Preliminary Plat Approval for 4736 Glenwood Avenue MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the following letters regarding preliminary plat approval for 4736 Glenwood Avenue: Barb Vogel dated July 28, 2006; Patrick and Katie Duffy dated July 27, 2006 and Brad and Pam Koene dated July 27, 2006. *Quotes - Tennis Court/Hard Surface Area Resurfacing MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the resurfacing of the three tennis courts at Wesley Park and the hard surface areas at Stockman, South Tyrol and Golden Oaks Parks to the lowest responsible bidder, Court Surfaces and Repair for $21,160. The quotes are as follows: Court Surfaces and Repair, Inc. $21,160 Finley Bros. Inc. 27,950 Regular Meeting of the City Council August 2, 2006 Page 4 *Approving Appointment of Election Judges for State Primary Election Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-49 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD ON SEPTEMBER 12, 2006 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. Approval of Plat - Brakins Council Member Freiberg stated he would not be able to support the plat because of the strain on public utilities and drainage issues. Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 06-50 RESOLUTION FOR APPROVAL OF PLAT - BRAKINS ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: Freiberg, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Acceptance of Donation for Envision Bridge Builder Workshop from Marshall Tanick Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 06-51 RESOLUTION ACCEPTING DONATION FROM MARSHALL TANICK FOR ENVISION BRIDGE BUILDER WORKSHOP 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 August 2, 2006 Page 5 *Receipt of June 2006 General Fund Budget Report MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the June 2006 General Fund Budget Report. Public Hearing - Revenue Bonds - Multifamily Rental Housing Development - Calvary Center Apartments Limited Partnership Sue Virnig, Finance Director, introduced the agenda items and answered questions from the Council. John Uttley, Kennedy & Graven, 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. Hearing and seeing no one, the Mayor closed the public hearing. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 06-52 RESOLUTION RELATING TO A MULTIFAMILY HOUSING DEVELOPMENT TO BE ACQUIRED, OWNED AND OPERATED BY CALVARY CENTER APARTMENTS LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP, AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AND REFINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO, ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO The motion for the adoption of the foregoing resolution was seconded by Member Shaffer 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. Public Hearing - Preliminary Plat Approval - 4736 Glenwood Avenue Peter Knaeble, Applicant, reviewed the preliminary plat and answered questions from the Council. Dave Cera, Planning Commissioner, presented the Commission report and answered questions from the Council. Regular Meeting of the City Council August 2, 2006 Page 6 Public Hearing - Preliminary Plat Approval - 4736 Glenwood Avenue - Continued Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Allen Barnard and Tom Burt 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. Wellington Tully, Henson & Efron Attorney representing Berk Nelson, distributed additional information regarding the plat; stated his client objects to the lot split; stated if the split is approved this will be one of the smaller lots in the area; the new home will be different than the other homes in the area; the lot itself is taken up by utility easements; feels the lot is not appropriate for a lot split, expressed concern about the drainage in the area; stated there are ponds every spring; the water has no where to go and stays until it gets absorbed into the ground; wanted to know if the lot is filled, where the runoff will go; requested to see a copy of the drainage plan; wanted to know if there is a drainage guaranty; stated he has already reinforced his basement so it is not wet; expressed concern about the Chinese elm trees on the property; feels that the property owner should not impose a risk to the neighborhood; feels the problems should be solved first and the request should be denied. Eugene Epstein, 30 Ottawa Avenue South, expressed concern about the drainage, stated he doesn't get rain in his basement but his neighbors sump pumps run all the time; doesn't want any more water than he already gets; stated when it rains his backyard ponds until the water gets absorbed; doesn't want a "McMansion" or the character of the neighborhood to change. Kathy Mucia, 236 Janalyn Circle, stated that because of the drainage, runoff, and potential house volume, she requested a moratorium on the split of the lot and any additional building permits until the Council has a chance to revisit the building codes. Ben Vogel, 4736 Glenwood Avenue, stated he is trying to obey the rules of the City, he is going to be living there and he doesn't want a "McMansion"; stated there are other two story homes in the area; stated this was the original farm house in the area; ponds don't form every year; stated he mows the area in the back and it is not a wetland; feels that all nine lots in the area cause water runoff; stated he would work with the Council to meet any stipulations; and submitted a plan for tree protection for the Siberian elm located on part of his property. Berk Nelson, 717 Westwood Drive, stated he installed drain tile in his basement the first year he moved in; and stated even though he has made improvements, he gets water every year; stated it is a bad situation after the snow melts and the water ponds; stated he has tired to siphon the water out of the area. The Mayor closed the public hearing. Regular Meeting of the City Council August 2, 2006 Page 7 Public Hearing - Preliminary Plat Approval - 4736 Glenwood Avenue - Continued MOVED by Shaffer, seconded by Pentel and motion carried to approve the preliminary plat of the minor subdivision of the property at 4736 Glenwood Avenue subject to the following conditions: 1. The three plans prepared by Terra Engineering and dated June 9, 2006 shall become a part of the approval (Preliminary Plat/Preliminary Utility Plan, Existing Conditions Plan and Preliminary Grading Plan/Erosion Control Plan). 2. The preliminary tree preservation mitigation plan shall become a part of this approval with the understanding that additional information may be required prior to final plat approval. 3. The recommendations found in the memo from City Engineer Jeff Oliver, PE, dated July 3, 2006 to Mark Grimes, Director of Planning and Development shall become a part of this approval. 4. At the time of final plat approval, the subdivision shall be subject to a park dedication fee. The amount of the fee shall be determined by the City Council at time of final plat approval. 5. The City Attorney shall determine if title review is needed for this subdivision. If so, the cost of the title review shall be paid by the applicant. 6. If requested by Hennepin County, additional road dedication or easement dedication shall be made and shown on the final plat. 7. The existing garage located on the property shall be relocated to a conforming location prior to final plat approval. 8. The final tree preservation plan shall include the protection of the root zones during and after construction for the two Chinese elm trees located along the north property line of proposed Lot 2 of the Vogel subdivision. These trees are located on the property of the house at 18 Ottawa Avenue North; however, the root zone is partially located on the Vogel property. 9. An agreement, as recommended by the Public Works Department regarding the maintenance of a drainage plan, shall be implemented which may include performance bonds or financial guarantees. 10. At the Developer's expense a development agreement be prepared to provide for the above requirements as well as setbacks for Lots 1 and 2 of the new subdivision to be recorded with the County Recorder. Council Member Freiberg voted no. Authorization to Sign Amended PUD Permit - General Mills (James Ford Bell) - PUD #83 - Amendment #1 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council Regular Meeting of the City Council August 2, 2006 Page 8 Authorization to Sign Amended PUD Permit - General Mills (James Ford Bell) - PUD #83 - Amendment #1 - Continued MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for General Mills JFB Campus, PUD No. 83, Amendment #1, adding the following condition: Request a noise analysis be conducted prior to the installation of the new equipment to insure that there is no increase in noise. Announcements of Meetings Some Council Members may attend the Employee Appreciation Lunch on August 8, 2006 at 11 am. Some Council Members may attend the Park Planning Open House on August 8, 2006 at 5 pm at the Brookview Park Large Shelter. The next Council/Manager meeting will be held on August 8, 2006 at 6:30 pm. Some Council Members may attend the Park Planning Open House on August 10, 2006 at 5 pm at Hampshire Park. The next City Council meeting will be held on August 15, 2006 at 6:30 pm. A Bassett Creek Water Management Commission meeting will be held on August 17, 2006 at 11:30 am. The Council will set a meeting to interview board/commission applicants in the near future. The Council will set a Special Council/Manager meeting to discuss the budget. Mayor and Council Communications Mayor Loomis received the Wellhead Protection Plan for the City of Plymouth and the Plan will be available at City Hall for review and comment. Regular Meeting of the City Council August 2, 2006 Page 9 Adjournment The Mayor adjourned the meeting at 8:32 pm. Linda R. Loomis, Mayor ATTEST: *dNally dmin istrative ssistant