CITY COUNCIL MEETING MINUTES February 3, 2014 7:00pm 1) Call to Order Fischer called the meeting to order at 7:09pm In attendance: Mayor Cheryl Fischer, City Council members Mark Vanderlinde, Anne Hunt, Arlene Donahue and Bob Christians, Director of Public Safety Paul Falls, Assistant Administrator Mike Barone, Community Development Director David Abel, City Attorney Ron Batty, Kennedy and Graven, City Administrator Mike Funk, Finance Director Brian Grimm, City Engineer Mark Erichson and City Clerk Terri Haarstad Absent: None a) Approval of Agenda Motion by Hunt second by Donahue to approve the agenda as presented with the reminder that the EDA meeting scheduled for 6:30pm was continued until immediately following the regular meeting. Motion carried 5 – 0.
2) Persons to Be Heard Crystal Jensen (4729 Merganser) spoke as a representative of the Hunter’s Crest neighborhood. She stated that more than 80 homeowners have complained about water issues on a non-HOA Hunter’s Crest neighborhood Facebook page. She had her home tested on December 3, 2013 and levels of arsenic were found to be seven times higher than the maximum allowable EPA level were present in her home. She feels it is more than an aesthetic issue and is frustrated that the Council feels hydrant flushing is a solution when all it does is push radon and arsenic further into homeowner pipes. Homeowners can purchase drinking water but have no other option for washing their clothing, washing their dishes or bathing and people do not feel safe in their own homes. She requested that in addition to construction of a water treatment plant, additional research could be done on the condition and safety of the water pipelines bringing water to people’s homes. Erichson explained the City Council would be further discussing water issues later in the meeting and encouraged homeowners who are concerned about water quality issues to visit the City website and sign up to receive email alerts about hydrant flushings and other water quality information as it unfolds. Emily Antolick (9275 Hunters Court) spoke about her concerns about the water in Hunters Crest especially issues with making bottles for her baby and giving her children baths, feeling nauseous from strong odors emanating from the water and about the potential future impacts on children in the area.
3) Special Presentations - None 4) Consent Agenda
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a) Approve January 21, 2014 Special Meeting Minutes b) Approve January 21, 2014 Regular Meeting Minutes c) Approve Memorandum of Understanding- LELS, Supervisor’s Contract d) Approve Memorandum of Understanding-LELS, Officer’s Contract Motion by Vanderlinde second by Donahue to approve the consent agenda as presented. Motion carried 5 – 0.
5) Public Hearings - None 6) Business Items a) Resolution No. 07-14 Approving Plans and Specifications and Authorizing the Advertisement of Bids for the SCADA System Rehabilitation Project (City Project No. 01-12) Erichson introduced the Paul Kaeding, WSB Engineering, who presented the staff report as found in the City Council packet dated February 3, 2014. Discussion included: Which other cities have this system Whether or not fiber optics are being utilized Whether or not it is budgeted (yes) Anticipated timeline Motion by Vanderlinde second by Hunt to approve Resolution No. 07-14 Approving Plans and Specifications and Authorizing the Advertisement of Bids for the SCADA System Rehabilitation Project (City Project No. 01-12). Motion carried 5 – 0. b) Consider Re-development of Red Oak Golf Course located at 855 Red Oak Lane, R-2(a) Low Medium Residential, PID# 12-117-24-11-0004. Abel provided the City Council with a brief history and explanation of the requirements established by the 1976 Metropolitan Planning Act, explained the role of the Met Council in development and explained the Comprehensive Plan process. He presented the portion of the staff report pertaining to density and parks, presented the recommendations made by the Parks Commission, the Planning Commission and City Staff. Erichson provided the portion of the staff report pertaining to streets, traffic, trails and drainage. Pat Hiller (Source Land Capital) summarized the preliminary plat application, the anticipated home design, the tree/landscape plan and how they addressed the concerns received from the attendees of the neighborhood meeting held October 2013. He provided a description of anticipated traffic impacts from the closure of the golf course and the construction of the new development and described proposed improvements to Grandview Avenue. Dave Nash (EVS Engineering, Project Engineer) described the requirements for stormwater runoff and explained how the proposed development exceeds them.
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Jodie Youngquist (950 Red Oak Lane) expressed concerns about maintaining the rural character of the neighborhood, about how the proposed development fits with the City Mission Statement and about the impact of the PUD process on lot sizes. She asked that the City use money paid by the developer towards the tree replacement requirement to give grants to homeowners to replant trees on their private properties to provide buffering and improve views, that a requirement be added to the developer’s agreement and the HOA documents requiring future homeowners to maintain the trees and buffers and that the developer be required to build the minimum number of houses and be required to include an HOA park on the rear (elevated) portion of the larger proposed lot in the northeast corner of the Red Oak property. She also requested sidewalks and a full traffic study. She asked that Grandview Avenue not be connected and that a breakaway entrance be constructed to satisfy emergency requirements while limiting through traffic. Abel informed the City Council that the issuance of grants from the environmental enhancement fund is an allowable use should it please the Council. He also stated that conservation easements could be placed on certain areas but outside of that, it would be very difficult for the City to enforce. Batty explained the park dedication requirement for developers. Sue Harrison (4935 Grandview Avenue) expressed doubt that the City Council, City staff or engineers understand safety issues on Grandview Avenue. She expressed her feeling that Grandview Avenue is too narrow to be made a through street. She claimed it does not have sufficient width for two cars and is concerned about the safety of neighborhood children. She also does not feel widening the road two feet and having an entrance onto County Road 19 is safe. She would prefer a cul-de-sac with an emergency breakaway barrier. Erichson stated the importance of dual entrances in regard to safety, emergency access, road maintenance and construction and provided examples of difficulties with single access points on Kings Point Road (reconstruction) and Minneapolis Avenue (storm damage). He also explained sidewalks would need to fit in the right-of-way and would leave only a four-foot boulevard which would be an insufficient width for trees to grow successfully. Falls informed the Council that multiple access points are critical for timely emergency response. He pointed out that the developer was planning to widen Grandview Avenue and that while traffic will increase on Grandview Avenue, it will not be a primary access for residents. He stated that breakaway entrances are not efficient. They cause damage to emergency vehicles and are nearly impossible to use in the winter due to difficulty with snow removal. Abel stated that Hennepin County conducts yearly traffic studies on county roads and that the memo from the Hennepin County Department of Transportation states that the proposed changes by the developer will help alleviate a currently unsafe condition on Grandview Avenue.
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Ralph Harrison (4935 Grandview Avenue) challenged the City Council and staff to answer a variety of questions about density, information in the staff report regarding park dedication, staff interpretation of City Code and commonly accepted municipal planning standards. Fischer and Funk informed Harrison that his questions have been addressed numerous times. Harrison asked the Council to take park land instead of cash in lieu, to increase the size of the existing park, change the nature of the park and add a parking lot. City Council discussion included: Whether or not the developer could construct ponds for landscape irrigation in the subdivision (Not without significant cost as it would require an additional well to supplement stormwater in the ponds) How a land donation could be utilized if it was required. (With the addition of play equipment or expanded wooded area. The land required is not large enough for ball fields.) The criteria used by the Parks Commission to make their recommendation (The City Council approved Parks Trails and Open Space Plan) Whether or not the Woods of Saga Hill park improvements scheduled for 2019 could be stepped up and done earlier to meet neighborhood needs (The Council could choose to direct the Parks Commission to add improvements to the Woods of Saga Hill Park to their 2015 CIP recommendation.) Lot sizes (The developer needs the additional lots over the minimum to help pay for the additional stormwater ponding and does not feel that eliminating a lot or two would substantially change the look of the development.) The width of Grandview Avenue The possibility of sidewalks, water gardens along the roadways and having front yard trees instead of boulevard trees Cul-de-Sacs vs through streets By unanimous consent the City Council took a short break at 9:08pm. Fischer reconvened the meeting at 9:18pm. (1) Ordinance 416 approving a ZONING AMENDMENT: Application from Source Land Capital, LLC to adopt Ordinance 416 to rezone the property located at 855 Red Oak Lane from R-2(a) to PUD (Planned Unit Development) Motion by Hunt second by Christians to approve Ordinance 416 approving a ZONING AMENDMENT: Application from Source Land Capital, LLC to adopt Ordinance 416 to rezone the property located at 855 Red Oak Lane from R-2(a) to PUD (Planned Unit Development). Motion carried 5 – 0. (2) Resolution No. 08-14 Authorizing Publication of Ordinance 416 by Title and Summary
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Motion by Vanderlinde second Hunt to approve Resolution No. 08-14 Authorizing Publication of Ordinance 416 by Title and Summary. Motion carried 5 – 0. (3) Res. No 09-14 Granting Preliminary Approval of the Plat of Red Oak for the property located at 855 Red Oak Lane Batty reminded the City Council that denial of a preliminary plat application or of a portion of the preliminary plat application requires a reason to be articulated. Vanderlinde would like to see the lots as large as possible and would like to reduce the number of lots from 61 units to 59 units. Fischer would like more green space and would like to take a portion of the park dedication in land and a portion in cash in lieu Christians stated that he appreciates the stormwater ponding and the oversized ponds and does not wish to do anything to alter that. Hiller stated that the extra couple of lots will pay for the ponding. If the City Council requires there to be fewer lots in the development, they may have to reassess the proposal for financial reason. Motion by Christians second by Donahue to approve Res. No 09-14 Granting Preliminary Approval of the Plat of Red Oak for the Property located at 855 Red Oak Lane. Motion carried 3 – 2. (Vanderlinde and Fischer). c) Resolution No. 10-14 Authorizing Preparation of Plans and Specs for the Lisle Park Tennis Court Improvements Abel presented the staff report as found in the City Council packet dated February 3, 2014. Motion by Christians second by Vanderlinde to approve Resolution No. 10-14 Authorizing Preparation of Plans and Specs for the Lisle Park Tennis Court Improvements. Motion carried 5 – 0. d) Water Treatment Plant Discussion Funk stated that this item had been discussed during the special meeting and that staff is looking for direction from Council to proceed with the Final Design of the Water Treatment Plant. Erichson explained that the City Council had authorized WSB to move forward with the design of a water treatment facility using a gravity filtration system. However, Council members had questions about other filtration systems and directed WSB to discontinue the design process in order to examine other filtration systems. He explained that staff addressed the feasibility of using these filtration systems at the special meeting held at 5:30pm on February 3, 2014 and is now looking for direction from the Council regarding how to proceed in the design process. City Council discussion included the status of the potential land donation by Westonka Schools, the status of the School Resource Officer Contract, whether
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or not the land could just be purchased and whether or not the project could be delayed for six months or so to give the City Council time to conduct more independent research. Funk explained that the land donation request is one issue and that the proposed reimbursement increase associated with the School Resource Officer contract is another issue. Unfortunately, while these issues are not dependant on one another, they have come up at the same time and the net result is that one issue will not likely be resolved until the other issue is also resolved. He explained this is normal as each body is simply looking out for their own best interests. He recommended the Council make a motion to support the concept of a two year agreement for the school resource officer with an annual increase of $4000 contingent on the donation of the land. Motion by Christians second by Donahue to support the concept of a two year agreement for the school resource officer with an annual increase of $4000 contingent on the donation of the land. Motion carried 4 – 1. (Hunt) Funk reiterated that water treatment is a huge issue in the community. He stated that staff has given the Council all the information needed to make a decision, including timelines and expected costs. He reminded them that design takes approximately three months, that an RFP will have to be constructed and a bidding process will need to be followed. Construction would not be likely to begin until spring of 2015 and construction will take approximately 11 months. Staff would like to answer Council questions tonight in order to move forward as a delay of even a few months could result in the project being delayed an entire construction season. Barone stated that staff feels the City has an obligation to its residents. He reminded the Council that there is a proposal on the table to build the water treatment plant using a gravity filtration system with the possibility of upgrading it to integrate new technology in the future. He reminded them that no matter what solution they ultimately end up with, this project would still be required and he recommended that City Council authorize WSB to continue in the design process. Discussion included: The cost of Minnetrista’s proposed water treatment plant project and the preliminary projected costs of a similar proposed project in Mound Current and anticipated maintenance and operation costs for Gravity Filtration Systems and Membrane Filtration Systems Whether the City is willing to spend an additional four million dollars for a reverse osmosis filtration system Whether Met Council and Statutory rules could be changed in the next year to make the installation and operation of a Membrane Filtration System more feasible Public Finance Authority (PFA) is optimistic that they may be able to contribute to the funding of the treatment plant which, if able to happen, would reduce costs
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Erichson reminded the Council that if regulations are changed in the future and the City is found to be out of compliance, there would likely be funding available to assist the City get into compliance whether by the upgrade to a membrane filtration system or other improvement. Motion by Vanderlinde second by to direct WSB to continue their work with the final design process for a water treatment plant using a gravity filtration system. Motion died for lack of a second. Motion by Donahue second by Vanderlinde to schedule a special meeting at noon on February 18, 2014 for the purposes of further discussing this issue. Motion carried 5 – 0. e) Authorize Sale of Motor Grader Motion by Hunt second by Christians to authorize the sale of the motor grader for not less than $100,000 with the money to be returned to the Capital Improvement Fund. Motion carried 5 - 0.
7) Administrative Items a) Res. No. 11-14 Approving Claims Motion by Donahue second by Christians to approve Resolution No. 11-14 approving the claims as presented. Motion carried 5 – 0. b) Council Reports i) Mayor Fischer – Attended meetings ii) Mark Vanderlinde – None iii) Anne Hunt – Save the Lake is Wednesday iv) Arlene Donahue - None v) Bob Christians – None c) Staff Reports i) Strategic Plan Review Workshop February 18, 2014, 2:00 pm Motion by Vanderlinde second by Fischer to schedule a special meeting for 2:00pm on February 18, 2014. Motion carried 5 - 0. d) Set Next Meeting Agenda – Regular Meeting for February 18, 2014
8) Adjournment Motion by Vanderlinde and second by Hunt to adjourn the meeting at 10:41pm. Motion carried 5 – 0. Respectfully Submitted, Terri Haarstad City Clerk
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