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04-07-04 CC MinutesRegular Meeting of the City Council April 7, 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 April 7, 2004 at 6:30 p.m. The following members were present: Freiberg, Grayson, Loomis, Shaffer and Tremere (arrived 6:46 p.m.). Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Grayson, seconded by Freiberg and motion carried unanimously to approve the agenda of April 7, 2004 as submitted. Citizen Input Mayor Loomis introduced the agenda item. Thomas Burt answered questions from the Council. Joanie Clausen, 2516 Lee Avenue North; John Breczinski, 2205 Zealand Avenue North; and Gregg Prest, 6000 Duluth Lane (spokesperson for the petition drive); stated that people from Crystal, New Hope and Golden Valley got together and collected 1,521 signatures on a petition opposing the development of the proposed water system; stated they are glad the Joint Water Commission went through the process but felt that was a negotiation tactic; stated that 9 out of the 10 people they spoke with opposed the new system; people are opposed because they think the information is incomplete; because there are changes or inaccuracies; feels there wasn't enough information to feel confident to make a decision, didn't think there was fair or balanced enough information; stated that some people just didn't want to change the system or were worried about the taste; feel that some Council Members and citizens have had only a short period of time to review the issue; some thought there were not enough informational meetings at the beginning of the process; suggested slowing down the process down and take the time to answer questions raised; outline the negatives and positives; get the public involved; form a citizen advisory group; suggested delaying action on the item until fall and presented a petition opposing the Joint Water Commission's proposal to develop their own water system. John Giese, 5545 Golden Valley Road, thought the water fair was good; stated he was glad the City of Minneapolis was there; wanted to know who authorized the lobbyist to speak to the Legislature; wanted to know why the public wasn't informed about the lobbyist activities; wanted to know how long they have been lobbying, when they started, if the Council was aware the lobbyist was working the Legislature; and wanted to know what the Joint Water Commission is spending their money on. Regular Meeting of the City Council April 7, 2004 Page 2 Citizen Input - Continued Al Halloran, 5735 Golden Valley Road, wanted to know how the costs are divided between the three cities; compared each cities population and wanted to know why Golden Valley pays the higher percentage; had questions regarding how we will be compensated for the land the water treatment plant will be built on; stated that when he has visited Florida some cities provide a locked parking lot for the parking of motor homes and suggested that the proposed site for the water treatment plant could be used for that purpose. Gerald Savage, 1132 Welcome Circle; stated the Joint Water Commission budget for consultants was $200,000 and now they are $100,000 over budget; wanted to know who authorized the extra expense; wanted to know why they can't stay within the budget; feels that we don't need a sales program to convince people to support the change; stated a number of people feel that we don't need to change the system as long as we have service from the City of Minneapolis; suggested delaying the decision to allow the Council and citizens to review the information provided; and wanted to know how each Council Member stands on the issue. Jim Langer, 8320 Julianne Terrace, had questions regarding compensation for the use of the land where the proposed plant will be located; wanted to know if anyone has reviewed the pollution problems of the site; and asked if New Hope and Crystal will be paying for road maintenance for the hauling of lime on Golden Valley roads. Tim Bauer, 222 Hanley Road, stated he has worked as a petroleum geologist, stated you don't always know what you are going to find when you drill; concerned about the wells wearing out; stated there was a well on his property before he purchased it and the Pollution Control Agency made them cap the well because of potential water contamination; expressed concern about contamination of underground water; costs; health and welfare and feels it doesn't make sense to duplicate services we could get from the City of Minneapolis. Muriel Sterne, 200 Hanley Road, feels the process may be going too fast for residents; wanted to know if the water will be chlorinated and fluoridated; expressed concern about the transport of pressured containers of chlorine; plant being too close to a school; wanted to know about water quality, safeguards against contaminations; what would residents do if the wells get contaminated; wanted to know how often the water is tested; wanted to know what happens in the interim in-between construction and wanted to know when is the breakeven point. Ole Aho, 5631 St. Croix Avenue, stated he has daughters who live in other cities where they have to have water softeners; likes the Minneapolis water and feels we should save the other water resources for the future. Regular Meeting of the City Council April 7, 2004 Page 3 Citizen Input - Continued Joe Pipp, 2375 Decatur Avenue North; wanted to know what is the current price from the City of Minneapolis and what is quote for after the five year cap; and suggested the Council wait until fall before they decide the issue. The Mayor continued the meeting. Approval of Consent Agenda MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve the items on the consent agenda, except removal of Board/Commission Appointments and Reappointments, Acceptance of Envision Donations and Authorization to Sign Contract with Short Elliott Hendrickson Inc. for Douglas Drive Concept Study. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - March 3, 2004 MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes of March 3, 2004 as submitted. *Bills and Claims MOVED by Tremere, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Tremere, seconded by Freiberg and motion carried unanimously to authorize payment of the bills as submitted. *City Gambling License - Armstrong Hockey Association MOVED by Tremere, seconded by Freiberg and motion carried unanimously to approve the city gambling license for Armstrong Hockey Association. *Gambling License Exemption and Waiver of Notice Requirement - The Storefront Group MOVED by Tremere, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for The Storefront Group. Regular Meeting of the City Council April 7, 2004 Page 4 *Minutes of Boards and Commissions MOVED by Tremere, seconded by Freiberg and motion carried unanimously to receive and file the minutes received as follows: Environmental Commission - February 9, 2004 Planning Commission - March 8, 2904 Building Board of Review - January 21, 2004 Board of Zoning Appeals - February 24, 2004 Human Services Foundation - March 8, 2004 Joint Water Commission - March 4, 2004 Families Sharing the Dream Committee - January 6, 2004 *Bids - Brush Pick -Up 15, 22; February 19 and March 4, MOVED by Tremere, seconded by Freiberg and motion carried unanimously to award the bid for brush pick-up to the only bidder, Tim's Tree Service in the amount of $59,740. *Street Maintenance and Construction Materials MOVED by Tremere, seconded by Freiberg and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders. The bids are as follows: Class 2 Crushed Limestone Bryan Rock Products, Inc. $11.98/ton Sand FA -1 SA -AG, Inc. 6.49/ton Crushed Rock Aggregate Industries 15.98/ton Type 41A Wearing Mix Course Mix Bituminous Roadways, Inc. 27.50/ton Type 41A Wearing Mix Course Mix C. S. McCrossan 28.00/ton Ball Diamond Mix Bryan Rock Products 16.37/ton The bid tabulation is attached to the minutes as Exhibit A. Board/Commission Appointments and Reappointments Mayor Loomis introduced the agenda item. MOVED by Shaffer, seconded by Grayson and motion carried unanimously to make the following appointments: Environmental Commission: Christopher Kaisershot 3 year term term expires - 3/1/07 Jon Pawluk 2 year term term expires - 3/1/06 Tracy Anderson 1 year term term expires - 3/1/05 Regular Meeting of the City Council April 7, 2004 Page 5 Board/Commission Appointments and Reappointments - Continued Plannina Commission: Steve Schmidgall 3 year term term expires - 3/1/07 Cathy Waldhauser 2 year term term expires - 3/1/06 Open Space and Recreation Commission: James Heine 3 year term term expires - 3/1/07 Human Rights Commission: Nicole Zimmerman 3 year term term expires - 3/1/07 Bruce Pappas 3 year term term expires - 3/1/07 Mike Gosz 3 year term term expires - 3/1/07 Board of Zoning Appeals: Dean McCarty 1 year term term expires - 4/1/05 MOVED by Shaffer, seconded by Grayson and motion carried unanimously to make the following reappointments: Human Services Foundation: Karen Neis 2 year term Steve Schumacher 2 year term Elissa Heilicher 2 year term Hilmer Erickson 1 year term Mike Freiberg 1 year term Board of Zoning Appeals: Dave Cera Mike Sell Don Hughes Planning Commission: Peggy Rasmussen Buildina Board of Review: term expires - 4/1/06 Citizen -at -large term expires - 4/1/06 Citizen -at -large term expires - 4/1/06 Community organization term expires - 4/1/05 Human Rights Commission term expires - 4/1/05 Council Member year term term expires - 4/1/05 year term term expires - 4/1/05 year term term expires - 4/1/05 3 year term term expires - 3/1/07 Jack Stratton 3 year term term expires - 3/1/07 Ed Chesen 3 year term term expires - 3/1/07 Environmental Commission: Alan Kuentz 3 year term term expires - 3/1/07 Open Space and Recreation Commission: Jim Vaughan 3 year term term expires - 3/1/07 Tom Zins 3 year term term expires - 3/1/07 Alternate Regular Meeting of the City Council April 7, 2004 Page 6 Board/Commission Appointments and Reappointments - Continued Human Rights Commission: Scott Charlesworth -Seiler 3 year term term expires - 3/1/07 *Call for Public Hearing - Platted Drainage and Utility Easement Vacation - Room and Board - 4/20/04 Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-22 RESOLUTION ESTABLISHING A PUBLIC HEARING ON APRIL 20, 2004 TO CONSIDER VACATION OF PLATTED DRAINAGE AND UTILITY EASEMENTS FOR ROOM AND BOARD 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. *Call for Public Hearing - 02-5 - TH 55/General Mills Boulevard/Boone Avenue North Flood Control Project - 4/20/04 Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-23 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENT 02-5 TH 55/13OONE AVENUE NORTH/GENERAL MILLS BOULEVARD FLOOD CONTROL PROJECT 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. Acceptance of Envision Donations Council Member Tremere wanted to know if thank you letters were sent to those who donated products or services. Mayor Loomis stated that thank you letters were sent and read the names who donated. Regular Meeting of the City Council April 7, 2004 Page 7 Acceptance of Envision Donations - Continued MOVED by Grayson, seconded by Freiberg and motion carried unanimously to accept the following donations: Cash TwinWest Chamber Golden Valley Business Council ($250) CenterPoint Energy ($250) Facilities Golden Valley Country Club (Envision Summit) Golden Valley Historical Society (Envision -in -a -Box) Meadowbrook School (day care) Perpich Center for Arts Education (facilitator training) Ridgedale Library (Envision -in -a -Box) Freestyle Productions (audio-visual equipment for Summit) Goods A Sign Company (banners) Apple Jack Orchards (Envision Launch refreshments) Byerly's (Envision Launch refreshments) Calvary Church (Summit centerpiece flowers) Clearr Corporation (illuminated signs) Cub Foods (Envision Launch refreshments) D'Amico & Partners (Envision Launch refreshments) Einstein Bros Bagels (Envision Launch refreshments) General Mills (Envision Summit refreshments) Merwin Drug (Envision Launch refreshments) Papa John's Pizza (Envision -in -a -Box refreshments) Rainbow Foods (Envision Launch refreshments) Valley Mills Bread Co (Envision Launch refreshments) Spirit of Hope Methodist Church (flower arrangement) Authorization to Sign Contract with Short Elliott Hendrickson Inc. for Douglas Drive Concept Study Council Member Freiberg wanted to know the process for hiring the consultant for conducting this study. Thomas Burt answered questions from the Council. MOVED by Freiberg, seconded by Grayson and motion carried unanimously to authorize the Mayor and City Manager to sign an agreement with Short Elliott Hendrickson Inc. to conduct a concept study on Douglas Drive between Trunk Highway 55 and Golden Valley Road for an amount not to exceed $34,200. Regular Meeting of the City Council April 7, 2004 Page 8 *Sunnyridge Lane: Authorization to Sign Environmental Fund Grant Agreement with Hennepin County and Authorization to Sign Agreement with Short Elliott Hendrickson Inc. to Perform the Contaminated Soil Assessment in the Right -of -Way Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-24 RESOLUTION AUTHORIZING EXECUTION OF AN ENVIRONMENTAL FUND GRANT AGREEMENT WITH HENNEPIN COUNTY FOR 2002 PAVEMENT MANAGEMENT PROJECT - MEADOW LANE AREA NORTH SUNNYRIDGE LANE 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. MOVED by Tremere, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager to sign an agreement with Short Elliott Hendrickson Inc. for services related to the contaminated soil assessment adjacent to 220-303 Sunnyridge Lane. *Authorization to Sign Environmental Fund Grant Agreement with Hennepin County Sunrise Development Inc. Member Tremere introduced the following resolution and moved its adoption: RESOLUTION 04-25 RESOLUTION AUTHORIZING EXECUTION OF AN ENVIRONMENTAL FUND GRANT AGREEMENT WITH HENNEPIN COUNTY SUNRISE DEVELOPMENT, INC. 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. Public Item - Appeal of Board of Zoning Appeals Decision - 2405 Vale Crest Road Fred Bruning, Sawhorse Designers and Builders, reviewed the reasons for appealing the decision and answered questions from the Council. Regular Meeting of the City Council April 7, 2004 Page 9 Public Item - Appeal of Board of Zoning Appeals Decision - 2405 Vale Crest Road - Continued David Cera, Board of Zoning Appeals (BZA) member, reviewed the discussion and action at the BZA meeting and answered questions from the Council. Mark Grimes, Director of Planning and Development answered questions from the Council. 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. MOVED by Tremere, seconded by Grayson and motion carried to reaffirm the action of the Board of Zoning Appeals approved on February 24, 2004, and presented the following findings for denial: 1. The lack of a three -stall garage is not considered a hardship. In this case, a large, two - stall garage could be constructed on the property that would meet all side and front yard setback requirements. A much deeper garage than proposed by the applicant could also be constructed that would meet side setback requirements and provide additional storage. 2. The petitioner has not demonstrated a hardship as defined in the City Code. 3. There are options available to the applicant for an addition and garage space without a variance. Council Member Freiberg voted no. Council Member Freiberg thinks, at times, the City is unnecessarily hard on homeowners requesting variances and in particular, that third stall car garages should not automatically preclude a variance. Public Hearing - Preliminary Plat Approval - 808 Westwood Drive South Dave Allen, Applicant, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas 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. Regular Meeting of the City Council April 7, 2004 Page 10 Public Hearing - Preliminary Plat Approval - 808 Westwood Drive South - Continued Jerry Jeschke, 816 Westwood Drive, wanted the Council to add a condition that the placement of the homes not be allowed to be so far back on the lots that it destroys the privacy of the two adjoining properties. The Mayor closed the public hearing. MOVED by Shaffer, seconded by Tremere and motion carried unanimously to approve the preliminary plat for 808 Westwood Drive South, subject to the following conditions: 1. The final plat of 808 Westwood Drive South will be consistent with the Certificate of Survey prepared by Survey Specialists. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated February 27, 2004 shall become a part of this approval. The memo includes the requirement to dedicate certain easements. 3. The fences that are not correctly located on the property owned by Dave Alan shall be removed prior to the final plat approval. 4. A park dedication fee shall be paid in the amount of $1,000 prior to the approval of the final plat. Public Hearing - Preliminary Design Plan Approval - PUD #46 - Amendment #5 - Calvary Lutheran Church Richard Stuerman, BWBR Architects, Inc. representing the applicant, 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 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. MOVED by Tremere, seconded by Grayson and motion carried unanimously to approve the preliminary design plan for Calvary Lutheran Church, PUD No. 46, Amendment #5 subject to the following conditions: 1. The plans submitted with the application and prepared by BWBR Architects shall become a part of this approval. The plans are dated February 2, 2004. 2. The findings and recommendations found in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes and dated March 1, 2004, shall become a part of this approval. 3. The memo and comments from Ed Anderson, Deputy Fire Marshal, to Mark Grimes and dated February 19, 2005 shall become a part of this approval. Regular Meeting of the City Council April 7, 2004 Page 11 Public Hearing - Preliminary Design Plan Approval - PUD #46 - Amendment #5 - Calvary Lutheran Church - Continued 4. The conditions of the PUD approval for Amendment No. 4 shall remain in place and be included in the final approval of Amendment No. 5. 5. The parking lot signage be installed prior to general plan approval. Public Hearing - General Plan Approval - PUD #97 - Sunrise of Golden Valley Mayor Loomis stated the applicant has requested the item be continued until the next City Council meeting. 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 Freiberg, seconded by Tremere and motion carried unanimously to continue the public hearing for consideration of the general plan for Sunrise of Golden Valley, PUD No. 97 until May 4, 2004. First Consideration - Ordinance #294 - Amendment to Chapter 4, Swimming Pool Construction and Demolition and Amendments to Chapter 6, Swimming Pool Licensing The following ordinance was MOVED by Grayson, seconded by Shaffer: ORDINANCE NO. 294, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 4, "Construction, Signs, and Land Reclamation Permits and Regulations" Adding Section 4.08, "Swimming Pool Construction and Demolition" and Chapter 6 "Other Business Regulation and Licensing" Adding Section 6.48, "Swimming Pool Licensing" Mark Kuhnly, Chief of Fire and Inspections reviewed the ordinance and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve on first consideration Ordinance #294, 2nd Series, as amended: Subdivision 3, Health and Safety, delete B, Subdivision 4, Construction Requirements, staff review the height designation. Upon a roll call vote, the vote was as follows: FREIBERG - YES GRAYSON - YES LOOMIS - YES SHAFFER - YES TREMERE - YES Regular Meeting of the City Council April 7, 2004 Page 12 Announcements of Meetings The next Housing and Redevelopment Authority meeting will be held on Wednesday, April 14, 2004 at 6:30 p.m. The next Council/Manager meeting will be held on Wednesday, April 14, 2004 at 6:30 p.m. or after the Housing and Redevelopment Authority meeting. The next Bassett Creek Water Management Commission will meet on April 15, 2004 at noon. The 1-394 Express Lanes Community Task Force will meet on April 15, 2004 at the Double Tree Inn in St. Louis Park at 7:00 p.m. The Human Services Foundation Fun Run/Walk will be held on April 17, 2004 at 8:30 a.m. at Meadowbrook Elementary School. The next City Council meeting will be held on April 20, 2004 at 6:30 p.m. The Board of Review will be held on April 28, 2004 at 7:00 p.m. A City Council meeting will be held on May 4, 2004 at 6:30 P.M. Mayor and Council Communications Mayor Loomis stated she attended the Hennepin County Bicycle Advisory Committee and updated the Council on the discussion of the Luce Line Trail. Council Member Freiberg stated he toured PRISM. Adjournment The Mayor adjourned the meeting at 9:35 p.m. A 2 44: zec •. R. Loomis,Mayor ATTEST: dy Nall , AdministrativeAssistant