02-17-04 CC MinutesRegular Meeting
of the
City Council
and
Committee of the Whole - Water Supply
February 17, 2004
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 17, 2004 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Shaffer and Tremere, and the
following was absent: Grayson. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Envision Update
Mayor Loomis stated reservations are still being accepted and invited people to attend the
Envision Summit which will be held on Monday, February 23, 2004 at 7:00 p.m. at the
Golden Valley Country Club.
Black History Committee - Families Sharing the Dream Event
Mayor Loomis introduced the agenda item. The Council viewed the seven minute
promotion video for the Families Sharing the Dream Event.
Council Member Freiberg encouraged people to attend the Families Sharing the Dream
Event, which will be held on March 13, 2004 at Armstrong Senior High at 7:00 p.m.
Approval of Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
agenda of February 17, 2004 as submitted.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
items on the consent agenda, except removal of Quotes - Fire Department Vehicle;
Approve Solicitation Letter from Human Services Foundation and Approve Solicitation
Letters for Black History Committee.
Mayor Loomis read the items listed on the consent agenda.
Regular Meeting of the City Council
February 17, 2004
Page 2
*Approval of Minutes - City Council Meeting - February 3, 2004 and Council/Manager
Meeting - February 10, 2004
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
City Council Meeting minutes of February 3, 2004 as submitted and the Council/Manager
Meeting minutes of February 10, 2004 as submitted.
*Bills and Claims
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
payment of the bills as submitted.
*Gambling Premises Permit Application - Armstrong Youth Hockey Association
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-10
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT
FOR THE CONDUCT OF LAWFUL GAMBLING
(ARMSTRONG YOUTH HOCKEY ASSOCIATION)
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, Shaffer and Tremere; and the following was absent: Grayson; 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.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the minutes received as follows:
Board of Zoning Appeals - November 25, 2003
Planning Commission - January 12, 2004
Envision Steering Committee - January 22, 2004
Quotes - Fire Department Vehicle
Council Member Tremere asked if the vehicle being purchased will replace an existing
vehicle. Robert Hernz, Director of Public Safety, answered questions from the Council.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to purchase
one 2004 Ford Expedition from the State of Minnesota Purchasing Contract from Lee
Motors for $25,699.00.
Regular Meeting of the City Council
February 17, 2004
Page 3
*Quotes - Rider Turf Sprayer
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to purchase
one riding turf sprayer from the lowest responsible bidder, MTI Distribution for $25,028.00.
The quotes were as follows:
MTI Distribution
Sun Turf
Green Image
$25,028.88
26,285.27
Incomplete quote
*Letter from Joel Wessman Regarding Resignation from Environmental Commission
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Joel Wessman, dated January 26, 2004, regarding resignation from the
Environmental Commission; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
*Receipt of January 2004 General Fund Budget Report
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the January 2004 general fund budget report.
*Approval of Additional Meetings for Council Reimbursement
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
meetings for reimbursement as listed below:
Association of Metropolitan Municipalities (AMM) - Annual Meeting, Legislative Adoption
Meeting, Regional Briefings, and Committees
League of Minnesota Cities (LMC) - Committee Meetings, Legislative Conference and
Annual Conference
National League of Cities (NLC) - Congressional City Conference in the spring, Congress
of Cities in fall and Board Meetings
TwinWest Chamber of Commerce - Mayor/Manager Meetings
Northwest Hennepin Human Services Council
District 281 Government Advisory Committee
District 270 Cities Joint Monthly Meetings
Senior Community Services Board
Minnehaha Creek Watershed District
Bassett Creek Water Management Commission
Northwest Suburbs Cable Commission
Envision Steering and/or Subcommittees
1-394 Express Lanes Community Task Force
Regular Meeting of the City Council
February 17, 2004
Page 4
Approve Solicitation Letter for Human Services Foundation
Council Member Freiberg encouraged people to register for the 5/10K Walk/Run which will
be held on April 17, 2004 at 8:30 a.m. at Meadowbrook Elementary School.
Thomas Burt and Allen Barnard answered questions from the Council.
MOVED by Freiberg, seconded by Tremere and motion carried unanimously to approve
sending the Human Service Foundation solicitation letter to residents, subject to staff
checking the tax deductible status of donations and rewording the letter appropriately.
Approve Solicitation Letters for Black History Committee
Council Member Tremere thanked staff for revising the letters and suggested that
language be added to the letters about donations being tax deductible.
MOVED by Tremere, seconded by Shaffer and motion carried unanimously to approve
Black History Committee solicitation letters as amended.
*Reset Standard Meeting Time for Council/Manager Meetings
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-11
RESOLUTION RESETTING A STANDARD MEETING TIME
FOR COUNCIL/MANAGER MEETINGS
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, Shaffer and Tremere; and the following was absent: Grayson; 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 - General Land Use Plan Map Amendment - 200, 220, 300 and 310
Turners Crossroad South
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Allen Barnard answered questions from the Council.
Les Eck, presented the Planning Commission report 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.
Regular Meeting of the City Council
February 17, 2004
Page 5
Public Hearing - General Land Use Plan Map Amendment - 200, 220, 300 and 310
Turners Crossroad South - Continued
Gary Gandrud, Faegre & Benson, representing the applicant, reviewed the history of the
revision and stated that Ted Goldman has wanted to do the project for as long as he has
owned the lot; agrees with the City Attorney and staff opinion; stated the property was sold
as M1 because everyone thought it was and it is; stated the proposed project is a good
project and will have a good impact on the City; the development meets the highest
standards of quality; it will enhance the overall housing stock options for residents who
wish to stay in the City; the developer has had neighborhood meetings and meetings with
neighboring residents; the project won't generate a lot of traffic; will add to the tax base and
feels it is sound public policy to recognize this property on the comprehensive plan for what
it has been intended.
John Dibb, 319 Turners Crossroad, distributed a copy of a petition he submitted from the
neighborhood to maintain the current planning as it is; feels it was not in the Planning
Commissions range to deal with the legalities of the zoning issued; feels that the state law
was not followed when the rezoning was done four years ago; feels there are liability
issues; feels there is no legal commitment to Mr. Goldman; feels the City could be held
libel if pedestrians in the area are injured or killed and feels a new zoning category should
be created.
Gretchen Meyer, 201 Turners Crossroad Avenue South, concerned for kids in
neighborhood; since Turners has been turned into a cul-de-sac the kids ride their bikes and
rollerblade in the street with little traffic congestion to bother them; feels all the parents like
that there is less traffic now and feels traffic will increase with this new development.
Vince Snyder, was hired by Mr. Green to find a buyer for the property, stated these
properties will not continue to be used as three single family homes and a vacant lot, some
change will occur on their property; other interested parties have suggested similar projects
with tax increment financing; one was for medium density and one a residential facility;
feels the developer will be sensitive to the neighborhood issues.
The Mayor closed the public hearing.
MOVED by Tremere, seconded by Shaffer and motion carried unanimously to continue
consideration of the general land use plan map amendment for 200, 220, 300 and 310
Turners Crossroad South until the City Council meeting of March 3, 2004 when the entire
Council is in attendance.
Regular Meeting of the City Council
February 17, 2004
Page 6
Continued Public Hearing Preliminary Design Plan Approval - PUD #97 - Sunrise
Golden Valley
Laura Hester, Sunrise Senior Living, Development Officer, reviewed the plan and
answered questions from the Council.
Les Eck, presented the Planning Commission report and answered questions from the
Council.
Mark Grimes, Director of Planning and Development introduced the agenda items and
answered questions from the Council. Jeannine Clancy 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.
Gerald Mundt, 4212 Poplar Drive, wanted to know if the developer was a for profit or non
profit corporation, wanted to know more about their corporation, asked where their other
facilities are; thinks this will be a nice facility.
The Mayor closed the public hearing.
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve
the preliminary design plan for PUD #97, Sunrise Golden Valley, subject to the following
conditions:
1. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development, dated January 7, 2004 shall become a part of
this approval.
2. The comments in the memo from Deputy Fire Marshall, Ed Anderson to Mark Grimes,
Director of Planning and Development, dated December 16, 2003 shall become a part
of this approval.
3. The Building Board of Review, as part of the building permit process, must approve the
final landscape plan. The final landscape plan must include the landscaping plan for the
Infinity office building lot.
4. The area directly west of the Infinity office building that was a part of the old White House
site shall be landscaped. If it is the intent of the owner to use it for parking, this should be
indicated on the General Plan of Development.
5. The site plan, grading plan and utility plans submitted by PAE and dated January 29,
2004 shall become a part of this approval.
6. The architectural plans submitted by Sunrise and prepared by BeeryRio Architecture and
dated July 15, 2003 shall become part of this recommendation.
7. The approval is subject to any other state, federal and local ordinance, regulations or laws
with authority over this development.
Regular Meeting of the City Council
February 17, 2004
Page 7
Public Hearing - 2003 National Pollution and Discharge Elimination System (NPDES)
Phase II, Storm Water Pollution Prevention Plan
Jeannine Clancy and Al Lundstrom, Environmental Coordinator, 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 Tremere introduced the following resolution and moved its adoption:
RESOLUTION 04-13
RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR
REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN
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, Shaffer and Tremere; and the following was absent: Grayson; 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.
Adoption of Hennepin County Hazard Mitigation Plan
Robert Hernz, Director of Public Safety introduced the agenda item and answered
questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-14
RESOLUTION ADOPTING THE HENNEPIN COUNTY HAZARD MITIGATION PLAN
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, Shaffer and Tremere; and the following was absent: Grayson; 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.
Street Improvement - 04-4 - Golden Ridge Area (North of Naper Street and
Intersection of Gettysburg Avenue North) - Ordering Certain Proposed Public
Improvements and Authorizing Advertising Bids
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Thomas Burt answered questions from the Council.
Regular Meeting of the City Council
February 17, 2004
Page 8
Street Improvement - 04-4 - Golden Ridge Area (North of Naper Street and
Intersection of Gettysburg Avenue North) - Ordering Certain Proposed Public
Improvements and Authorizing Advertising Bids - Continued
Vince Vander Top, Bonestroo, Rosene, Anderlik and Associates, Inc reviewed the
feasibility report and answered questions from the Council.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-15
RESOLUTION ORDERING CONSTRUCTION OF CERTAIN
PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING
ADVERTISING FOR BIDS
04-4
GOLDEN RIDGE AREA
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, Shaffer and Tremere; and the following was absent: Grayson; 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.
Bassett Creek Water Management Commission Appointment
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to appoint
Linda Loomis as Commissioner and David Hanson as Alternate to the Bassett Creek
Water Management Commission for a three year term which expires January 1, 2006.
Northwest Suburbs Cable Communications Commission Appointment
MOVED by Tremere, seconded by Freiberg and motion carried unanimously to appoint
Joan Russell to the Northwest Suburbs Cable Communications Commission.
Set Date for Board/Commission Interviews
MOVED by Shaffer, seconded by Tremere and motion carried unanimously to set February
24, 2004 at 5:00 p.m. and February 26, 2004 at 5:30 p.m. as the date to interview board
and commission applicants.
Announcements of Meetings
The Envision Summit will be held on February 23, 2003 at 7:00 p.m. at the Golden Valley
Country Club.
Precinct Caucuses will be held on March 2, 2004 at 7:00 p.m.
Regular Meeting of the City Council
February 17, 2004
Page 9
Announcements of Meetings - Continued
The next City Council meeting will be held on Wednesday, March 3, 2004 at 6:30 p.m.
The next Housing and Redevelopment Authority meeting will be held on March 9, 2004 at
6:30 p.m.
The next Council/Manager meeting will be held on March 9, 2004 at 6:30 p.m. or after the
Housing and Redevelopment Authority meeting.
The next City Council meeting will be held on March 16, 2004 at 6:30 p.m.
The Bassett Creek Water Management Commission will meet on March 18, 2004 at noon.
The Families Sharing the Dream Event will be held on March 13, 2004 at Armstrong Senior
High at 7:00 p.m.
The Human Services Foundation Fun Run will be held on April 17, 2004 at 8:30 a.m. at
Meadowbrook Elementary School.
Mayor and Council Communications
No action and/or discussion took place
Committee of the Whole - Water Supply
MOVED by Tremere, seconded by Freiberg and motion carried unanimously that the
Council resolve itself into a Committee of the Whole to discuss the water supply.
Mayor Loomis relinquished the Chair to Council Member Shaffer.
Pursuant to due call and notice thereof, a Committee of the Whole of the City of Golden
Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on
February 17, 2004 at 8:40 p.m.
The following members were present: Freiberg, Loomis, Shaffer and Tremere; and the
following was absent: Grayson. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Scott Harder, President, Environmental Financial Group, Consultant to Joint Water
Commission and Verne Jacobsen, Professional Engineer, TKDA; made a short
presentation about two options currently being considered by the Joint Water Commission
(JWC). The two options include continuing to purchase water from the City of Minneapolis
or development of a JWC water system; and answered questions from the Committee.
Regular Meeting of the City Council
February 17, 2004
Page 10
Committee of the Whole - Water Supply - Continued
The Chair opened the meeting for public input and persons present to do so were afforded
the opportunity to express their views thereon.
Paula Pentel, 940 Angelo Drive, stated that the water we are getting from Minneapolis is
not just surface water, feels Golden Valley is doing great things to treat water runoff; feels
the City has done a good job looking at the options; we have benefited from the
improvements from the City of Minneapolis; money spent on this infrastructure is a
duplication of services; had questions about the lime softening process; we have
businesses who have wells we could access if we needed water; and feels staying with the
City of Minneapolis is the best option.
Joanie Clausen, 2516 Lee Avenue North, urged the Councils not to rush into a decision;
there are two new Council Members who have not been involved in the process; feels we
are in economically hard times; concerned over the increased costs for the project; doesn't
think we fully understand the future costs and capital needs associated with the
maintenance and security of the facility; feels that we may lose our bargaining position with
Minneapolis if it is decided not to go forward with the project.
John Richter, 5905 Golden Valley Road, stated he has built three buildings and is speaking
against the proposed system; distributed a copy of an article in the St. Paul Pioneer Press
about wells running dry; feels it would be disastrous to drill wells here.
Joe Mastrian, 2111 Brunswick Avenue North; sees no reason to change the water supply;
wanted to know how long we will be able to get water from the aquifer; and feels there
should be a referendum on the water issue.
Gregg Priest, 6000 Duluth Lane and business at 7630 Wayzata Boulevard; stated that the
reverse osmosis system is the cutting edge technology and it removes bacteria; and
wanted to know if at some point they would mandate that systems change from using lime
to a reverse osmosis system.
Nancy Azzam, 2300 Noble Avenue North, wants to stay with the Minneapolis water system;
other people who use the aquifer have experienced brown water, appliances being ruined
and bad tasting water; doesn't like that the New Hope City Manager has stated the cities
have tentatively said they were going to change; stated we are billed a minimum charge
even though we never used the water and feels people are not encouraged to conserve
water.
Regular Meeting of the City Council
February 17, 2004
Page 11
Committee of the Whole - Water Supply - Continued
Al Halloran, 5735 Golden Valley Road, feels the issue has been dragged on and people
are discouraged; stated he likes the water; we have not had to have any watering bans as
other communities have; feels the consultants have put a bad spin about the dealings with
Minneapolis; wanted to know about the higher cost to build the plant; asked about the cost
of plant operations; wanted to know if the ballfields will be destroyed; wanted to know
about the hauling of the lime needed for the system; stated the metro area is going to
expand and there may be a shortage of water and feels we should stay with what we have.
George Martinsen, 1141 Angelo Drive, stated he used to have well water and it was bad;
stated water is the cheapest utility he pays; feels the new system may expose us to
financial hardship; feels sharing the system with Minneapolis makes it more economical;
better to have more people sharing the cost of the system; and feels we should stay with
Minneapolis.
Kathy Ricketts, 2025 Zealand Avenue North, questioned the numbers being thrown
around; feels you should not put upfront costs if you don't know what the savings will be;
and feels it would be more effective to use the system we have now.
Jerry Savage, 1132 Welcome Circle, stated that if people want to spend money like a
"drunken sailor" let them spend their own money and not of Golden Valley's citizens'
money.
Steve Sands, 1400 Sumter Avenue North, no one thinks about going in and paying $1 for a
bottle of water, why are we balking at paying $2.48 for 1,000 gallons of water; stated
Minneapolis upgraded their facilities and wanted to know why the Joint Water Commission
didn't offer to help out; thinks it is fair to let the voters decide and suggested that New Hope
and Crystal do the same.
Marti Micks, 90 Louisiana Avenue South, thanked the Council for looking into the issue,
stated that water is only a small fraction of the bill she gets and the rest is for sewer, storm
sewer, and recycling, feels that Minneapolis does want our business and have come down
in price.
Phil Zins, 2165 Zealand Avenue North, feels the new water system project will take longer,
will not perform as expected; costs more to operate and the capital costs will be greater
than expected; feels the system we have now has good water, the supply is unlimited; the
future costs can be predicted; and feels we should be very careful about a new system.
Greg Werzek, Cavel Avenue, stated he had an office in St. Louis Park and he doesn't like
the water; feels it is insane to change a good water supply for an unknown supply; and
suggested that anyone who supports the new system should be forced to drink the water
they want to give us.
Regular Meeting of the City Council
February 17, 2004
Page 12
Committee of the Whole - Water Supply - Continued
John Breczinski, 2205 Zealand Avenue North, stated when he read about the change in
the water supply he assumed it was a negotiation ploy with Minneapolis; thought that we
wouldn't go through with it until he read the last article in the newspaper; wanted to know
what the predicted wholesale water price will be for the first three years; wanted to know
the current breakeven costs based upon the new pricing from Minneapolis; and stated that
an aquifer is not a renewable resource.
Jim Liner, 8350 Julianne Terrace, stated they are now finding trillium in the aquifer water;
wanted to know what type of chlorination will be used; how will they dispose of the lime;
what the operating costs will be and wanted to know if anyone has tasted the water from
the aquifer.
Joe Pipp, 2375 Decatur Avenue North, wanted to know if alternative sources were looked
at; wanted to know if they calculated the return on investment, return on capital and return
on equity and feels we don't need any businesses to invest in.
Peggy Leppik, 7500 Western Avenue, wanted the Council to think beyond its borers and
consider the regional good if we change the system; think of the impact of drilling down the
aquifer will impact the western suburbs that develop and will need to drill wells in the future;
wanted to know if the aquifer is used up will we have to reimburse property owners for
private wells that have run dry.
Jerry Mundt, 4212 Poplar Drive, appreciates the effort to review the proposed plan and
suggested a possible merger between the agencies.
Ron Lundquist, 2125 Aquila Avenue North, stated the water quality is excellent; stated he
owns a swimming pool and pool companies have no problem servicing pools with the
water we currently have; applauds the Council for going through the process; feels we
should stay with Minneapolis.
John Giese, 5545 Golden Valley Road, asked if we could poll the residents about the water
system and not have a formal referendum; and asked if representatives from the City of
Minneapolis could attend a meeting to answer some of the questions raised.
Dean Knutson, 1109 Welcome Circle, wanted to know what the next step is.
The Chair closed the public hearing.
Jeannine Clancy and Allen Barnard answered questions from the Council.
After receiving public input and consultant presentation, the motion was made by Tremere,
seconded by Freiberg to rise and report.
Regular Meeting of the City Council
February 17, 2004
Page 13
Committee of the Whole - Water Supply - Continued
Thomas Burt stated the Joint Water Commission will wait to hear what the Legislature does
with the bill. The Joint Water Commission will meet sometime the end of March or the
beginning of April to make a recommendation to their respective City Councils. Each City
Council will decide how they want to proceed.
Adjournment
The Mayor adjourned the meeting at 10:55 p.m.
Linda R. Loomis, Mayor
ATTEST:
JONally nistrativ Assistant