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03-03-04 CC MinutesRegular Meeting of the City Council March 3, 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 March 3, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, Shaffer and Tremere. 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 the Envision Summit which was held on February 23, 2004 was a success and the Report Teams are beginning to meet to review the data and they will report back to the Council in June. Mayor Loomis thanked the participants, facilitators, and planners who attended the event and helped with the preparations. Approval of Agenda MOVED by Grayson, seconded by Tremere and motion carried unanimously to approve the agenda of March 3, 2004 as amended: Removal of City Council Meeting Minutes - February 17, 2004 and Authorization to Sign Agreements for TH 55/General Mills Boulevard/Boone Avenue Project - Participation Agreement with Northern States Power d/b/a Xcel Energy; and Addition of New Business - Council Agenda. Citizen Input Mayor Loomis introduced the agenda item. Joanie Clausen, 2516 Lee Avenue North, feels that we should not drill new wells and not change the water system that we are currently using; stated she has been going block to block and having people sign a petition against the change; stated that people in the community don't want to change the system; asked the Council to put away their personal feelings and listen to the community. Al Halloran, 5735 Golden Valley Road; stated he read the articles in the SunPost newspaper about the changes to the water system; reviewed the article written by Sue Webber and wanted to know why Golden Valley was not represented; feels that having Scott Harder negotiate is a conflict of interest because he is a consultant; feels that the City of Minneapolis should be invited to attend a meeting. The Mayor continued the meeting. Regular Meeting of the City Council March 3, 2004 Page 2 Approval of Consent Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the items on the consent agenda, except removal of Bids - Bassett Creek Pond Park Improvements and Bank Stabilization; Authorization to Sign Agreement with MnDOT Regarding Minnesota Landscape Partnership Grant for TH 169 and Support for Funding Request by Five Cities Senior Transportation Project from 2004 Consolidated Pool - Urban Hennepin County CDBG Program. Mayor Loomis read the items listed on the consent agenda. Approval of Minutes - City Council Meeting - February 17, 2004 The City Council Meeting minutes will be approved at the next meeting. *Bills and Claims MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize payment of the bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Church of Christ the King. *Gambling License Exemption and Waiver of Notice Requirement - Minneapolis PanCan, Pancreatic Cancer Action Network MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Minneapolis PanCan, Pancreatic Cancer Action Network. *Gambling License Exemption - Innocence Project of Minnesota MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption for the Innocence Project of Minnesota. Regular Meeting of the City Council March 3, 2004 Page 3 *Gambling License Application to Conduct Excluded Bingo - Sons of the American Legion Post #523 MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the gambling license application to conduct excluded bingo for the Sons of the American Legion Post #523. *Minutes of Boards and Commissions MOVED by Grayson, seconded by Freiberg and motion carried unanimously to receive and file the minutes received as follows: Planning Commission - January 26, 2004 Human Rights Commission - January 8, 2004 Joint Water Commission - January 7 and 21, 2004 Board of Zoning Appeals - January 27, 2004 Bids - Bassett Creek Pond Park Improvements and Bank Stabilization Council Member Grayson had questions regarding project costs. Thomas Burt answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to award the bid for the Bassett Creek Pond Park improvements and bank stabilization to the lowest responsible bidder, Visser Scraper Service LLC for $133,248.65. The bids are as follows: Visser Scraper Service LLC $133,248.65 Sunram Construction Inc 161,788.75 F. F. Jedlicki Inc. 162,230.00 Eureka Construction 174,967.50 Jay Brothers 209,935.21 Kevitt Excavating 221,685.75 Doboszenski & Sons Inc. 225,617.00 *Quotes - Dump Truck Body with Attachments Council Member Tremere had questions regarding the cost overrun. Thomas Burt answered questions from the Council. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to purchase a single -axle dump truck body, complete hydraulics, front snowplow, side wing and underbody scraper and sander from the MnDOT contract from Aspen Equipment for $58,171.37. Regular Meeting of the City Council March 3, 2004 Page 4 *Quotes - Pickup Trucks MOVED by Grayson, seconded by Freiberg and motion carried unanimously to purchase the following pickup trucks from the MnDOT contract: one Ford F-150 extended cab pickup from Superior Ford for $16,324.32 and one Ford F-250 regular cab pickup from Wick Ford for $15,456.37. *Authorization to Sign Agreements for TH 55/General Mills Boulevard/Boone Avenue North Project: Agreement Supplementing and Amending the P.U.D. Development Agreement for General Mills, Inc.; Easement Agreement with Brookview Condominium Owners Association; Agreement by and among BP Products North America Inc., EFP, LLC; Participant Agreement with Northern States Power d/b/a Xcel Energy; Participant Agreement between KMC Telecom 11 and affiliated companies; Participant Agreement with Qwest; and Participant Agreement with General Mills, Inc. MOVED by Grayson, seconded by Freiberg and motion carried unanimously to authorize the Mayor and/or City Manager sign the following agreements: Agreement Supplementing and Amending the P.U.D. Development Agreement for General Mills, Inc.; Easement Agreement with Brookview Condominium Owners Association; Agreement by and among BP Products North America Inc., EFP, LLC and the City; Participant Agreement between KMC Telecom II and affiliated companies and the City; Participant Agreement between Qwest and the City; and Participant Agreement between General Mills, Inc. and the City. The Participant Agreement between Northern States Power d/b/a Xcel Energy and the City was removed from the agenda. Authorization to Sign Agreement with MnDOT Regarding Minnesota Landscape Partnership Grant for TH 169 Council Member Tremere had questions regarding the project. Jeannine Clancy answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-16 RESOLUTION AUTHORIZING TO SIGN AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING THE MINNESOTA LANDSCAPE PARTNERSHIP GRANT AGREEMENT Regular Meeting of the City Council March 3, 2004 Page 5 Authorization to Sign Agreement with MnDOT Regarding Minnesota Landscape Partnership Grant for TH 169 - Continued 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, Grayson, Loomis, Shaffer and Tremere; 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. *Appointment of Commissioners for Bassett Creek Water Management Commission Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-17 RESOLUTION APPOINTING LINDA R. LOOMIS AS COMMISSIONER AND DAVID W. HANSON AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATER MANAGEMENT COMMISSION 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, Grayson, Loomis, Shaffer and Tremere; 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. Support for Funding Request by Five Cities Senior Transportation Project from 2004 Consolidated Pool - Urban Hennepin County CDBG Program Council Member Tremere had questions about the change in the program. Mark Grimes, Director of Planning and Development answered questions from the Council. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-18 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2004 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 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, Grayson, Loomis, Shaffer and Tremere; 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. Staff was requested to invite a staff person from Hennepin County to review the consolidated pool process at a future Council/Manager meeting. Regular Meeting of the City Council March 3, 2004 Page 6 Public Hearing - Ordinance #292 - Amendments Regarding Single Family Residential (R-1) Zoning District and Rounding -up Setback Requirements and Approve Publication of Summary Ordinance The following ordinance was MOVED by Tremere, and seconded by Grayson: ORDINANCE NO. 292, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 11 Repealing Section 11.21, Entitled "Residential District" and Adopting a new Section 11.21, Entitled "Single Family Zoning District (R-1)" and Amending Section 11.02 Entitled "Interpretation" Regarding Rounding -up of Setback Requirements Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. 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. Joan Halgren, 6929 Glenwood Avenue, feels the storage of recreational vehicle regulations should apply to rear and side yards also; doesn't want any "junk" yards in the neighborhood; stated she had a neighbor that had vehicles that were old and rusting sitting in their yard and all they did was just license them; feels there should be some social responsibility and consideration for aesthetics; asked if there was a penalty for violation of the ordinance and what is the timeframe for residents to respond to the complaints. Rick Mackrell, 700 Winnetka Avenue South, stated he has problems with a window cleaning home occupation which upsets the entire neighborhood; the business was gone for about one year but they are back now; the City had a cease and desist order for the business but they are now violating that; the window cleaning business has numerous work vehicles with ladders parked there all the time; there are about 25-30 workers who go back and forth to the house every day picking up supplies; wanted to know since the owner has violated the order if the fines get bigger; feels that violations of the code should have bigger consequences as it seems it is simpler and cheaper to violate the code and pay the fines and feels there should be more "teeth" to the code. Kevin Thomas, 1528 Mendelssohn Avenue North, stated his house was built before 1982 and had questions about the setback requirements; wanted to know how many homes will be impacted negatively by the new code requirements; feels a lot of homes in his neighborhood would find it hard to get a deck or addition approved; stated he got a pdf file from the City of Minneapolis about setback requirements that was very easy to read and understand and feels our codes should be simplified and easy to understand. Regular Meeting of the City Council March 3, 2004 Page 7 Public Hearing - Ordinance #292 - Amendments Regarding Single Family Residential R-1) Zoning District and Rounding -up Setback Requirements and Approve Publication of Summary Ordinance - Continued Lance Ness, 2045 Brunswick Avenue North, stated his neighbor put up a fence that encroached on his property with the "backside" of the fence faced out to the public area; he was also told the encroachment issue between him and the neighbor was a civil matter; feels the code should help alleviate neighbor encroachments issues; asked questions about the storage of fish houses and wanted a clarification of what types of home occupations are permitted. Roger McConico, 1325 Winnetka Avenue North, stated he served as a member of the Community Standards Task Force; stated he hoped this issue would be postponed so that people who are out of town would be able to participate in the discussion; wanted to know if the Task Force report was reviewed during consideration of the new ordinance; stated that on some lots within the City you would not be able to park a recreational vehicle in the rear of the lot; wanted to know why the provision regarding the parking on hard surfaces was added to the new ordinance; wanted to know how many recreational vehicles would it be if you had a trailer with two snowmobiles parked on it; and how many would you consider a pickup truck with a camper top and a boat. The Mayor closed the public hearing. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve Ordinance #292, 2nd Series, as amended: removal of Subdivision 14 entitled "Storage of Recreational Vehicles and Boats"; and removal of Subdivision 15 entitled "Driveway Requirements"; and amend Subdivision 11 B to read: B. Height Limitations. No accessory structure shall be erected in the R-1 zoning district to exceed a height of one story, which is 10 feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Staff was requested to put an article in the CityNews and prepare a handout which shows the new setback requirements. Public Hearing - Preliminary Plat Approval - Lakeview Heights Plat 2 Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Peggy Rasmussen, Planning Commissioner, presented the Commission report. Regular Meeting of the City Council March 3, 2004 Page 8 Public Hearing - Preliminary Plat Approval - Lakeview Heights Plat 2 - Continued 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. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to approve the preliminary plat of Lakeview Heights Plat 2, with a variance from the Subdivision Code, subject to the following conditions: 1. The final plat of Lakeview Heights Plat 2 will be consistent with the preliminary plat of Lakeview Heights Plat 2 prepared by Bonestroo, Williamson, Kotsmith and dated January 12, 2004. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, and dated February 2, 2004, shall become a part of this approval. 3. The City Council will determine the amount of park dedication fee for this subdivision prior to final plat approval. 4. A variance from the Subdivision Code requiring all parcels meet Zoning Code standards is granted for Lakeview Heights Plat 2 because the existing parking lot setback on Lot 1 does not meet zoning code standards for the Institutional (1-4) zoning district. Public Hearing - Preliminary Design Plan Approval - PUD #98 - Golden Ridge William Bergquist, Applicant and Ryan Karris, Twin Cities Habitat for Humanity reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development, reviewed the agenda item and answered questions from the Council. Thomas Burt, Allen Barnard and Jeannine Clancy answered questions from the Council. Peggy Rasmussen, Planning Commissioner, presented the Commission report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Tracy Anderson, 2001 Hillsboro Avenue North, stated the neighborhood requested that a homeowners association or covenants be in place for this development because there will be a mix of first time homeowners and homeowners who have owned before; stated that in her neighborhood now there is a homeowner who has a dog kennel in the front yard and a homeowner who has a freezer in the front porch and they would like to avoid those types of issues developing in the new area and she had questions regarding drainage of the site. The Mayor closed the public hearing. Regular Meeting of the City Council March 3, 2004 Page 9 Public Hearing - Preliminary Design Plan Approval -PUD #98 - Golden Ridge - Continued MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the preliminary design plan for Golden Ridge PUD No. 98, subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans consist of the following: Golden Ridge PUD No. 98 Preliminary Plat prepared by Bonestroo and dated January 12, 2004; Setback Drawing prepared by Bonestroo and dated January 12, 2004; Existing Conditions Plan prepared by Bonestroo and dated January 13, 2004; Preliminary Grading Plan dated January 13, 2004 and prepared by Bonestroo; Preliminary Utility Plan dated January 13, 2004 and prepared by Bonestroo; Preliminary Landscape Plan dated January 13, 2004 and prepared by Bonestroo; and Parking Plan dated January 13, 2004 and prepared by Bonestroo. 2. That Bylaws of Golden Ridge Homeowners' Association or covenants shall become a part of this approval and approved with the general plan. 3. All recommendations and requirements set out in the Engineering Memo from City Engineer Jeff Oliver to Mark Grimes dated February 2, 2004 shall become a part of this approval. 4. The final landscape plan shall be reviewed and approved by the City's Environmental Coordinator. 5. Only one solid waste hauler shall be used for each of the 16 housing units within Golden Ridge 6. Any signs on the property must meet the requirements of the City's Sign Code. 7. The approval is subject to any other state, federal and local ordinances, regulations or laws with authority over this development. Public Hearing - Ordinance #293 - Conditional Use Permit - 600 Boone Avenue North The following ordinance was MOVED by Tremere, seconded by Grayson: ORDINANCE NO. 293, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 04-107 600 Boone Avenue North Golden Valley BP, Applicant John Kosmas, KK Design and Dave Eastling, owner, reviewed the plan and answered questions from the Council. Peggy Rasmussen, Planning Commissioner, presented the Commission report. Mark Grimes, Director of Planning and Development introduced the agenda item and answered questions from the Council. Regular Meeting of the City Council March 3, 2004 Page 10 Public Hearing - Ordinance #293 - Conditional Use Permit - 600 Boone Avenue North - Continued 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. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve Ordinance #293, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES General Land Use Plan Map Amendment - 200, 220, 300 and310 Turners Crossroad South Allen Barnard introduced the agenda item and answered questions from the Council. Member Grayson introduced the following resolution and moved its adoption: RESOLUTION 04-12 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 200, 220, 300 AND 310 TURNER'S CROSSROAD SOUTH The motion for the adoption of the foregoing resolution was seconded by Member Tremere and upon a vote being taken thereon, the following voted in favor thereof: Grayson, Loomis, Shaffer and Tremere; 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. MOVED by Tremere, seconded by Grayson and motion carried unanimously to direct staff to, with expediency, proceed to inventory and develop recommendations for resolving discovered anomalies between the general land use plan and zoning map. Approve Participation in Phase II Dispatch Consolidation Study Bob Hernz, Director of Public Safety introduced the agenda item and answered questions from the Council. Thomas Burt answered questions from the Council. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve participation in a Phase 11 Dispatch Consolidation Study. Regular Meeting of the City Council March 3, 2004 Page 11 Administrative Hearing - MBA Enterprises LLC d/b/a/ Metropole Liquor License Thomas Burt stated the owners of the Metropole have surrendered their liquor license so there is no need for the administrative hearing. Announcements of Meetings 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 Bassett Creek Water Management Commission will meet on March 10, 2004 at 3:00 p.m. to discuss the Second Generation Plan. The City Council will interview board and/or commission applicants on March 11, 2004 at 6:00 p.m. The Families Sharing the Dream Event will be held on March 13, 2004 at Armstrong Senior High at 7:00 p.m. 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. A City Council meeting will be held on Wednesday, April 6, 2004 at 6:30 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 Mayor Loomis stated the water legislation has been passed out of committee. City Council Agenda Council Member Tremere requested that staff separate the agenda items when the agenda is copied. Regular Meeting of the City Council March 3, 2004 Page 12 Adjournment The Mayor adjourned the meeting at 10:30 p.m. Linda R. Loomis,• ATTEST: Ju Nally, fdministrative�Isistant