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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