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09-16-08 Regular Meeting of the City Council September 16, 2008 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 September 16, 2008 at 6:39 p.m. The following members were present: Freiberg, Pentel, Loomis, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of September 16, 2008 as amended: addition of Authorization to Sign Professional Services Agreement with Hennepin County for Reimbursement of Active Living~Related Staff Expenses. Approval of Consent Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the items on the consent agenda as amended: addition of Authorization to Sign Professional Services Agreement with Hennepin County for Reimbursement of Active Living~Related Staff Expenses. Mayor Loomis read the items listed on the consent agenda. *Approval of Minutes - City Council Meeting - August 6,2008 and Council/Mana~er Meeting - September 10, 2008 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of August 6, 2008 and Council/Manager Meeting of September 10, 2008 as submitted. *Bills and Claims MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council September 16, 2008 Page 2 *Gamblina License Exemption and Waiver of Notice ReQuirement - Community of Recoverina People dba The Retreat MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Community of Recovering People dba The Retreat. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - June 12, 2008 Joint Water Commission - July 2, 2008 Human Services Foundation - August 11, 2008 Bassett Creek Water Management Commission - July 17, 2008 *Petition Reaardina Enforcement of Residential Property Maintenance Code at 2430 Quail Avenue North MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the petition dated August 22, 2008 regarding enforcement of residential property maintenance code at 2430 Quail Avenue North. *Memorandum's Reaardina 2008 Leaaue of Minnesota Cities Leaislators of Distinction - Senators Ron Latz and Ann Rest MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the memorandum, dated August 22,2008, regarding 2008 League of Minnesota Cities Legislators of Distinction, Senators Ron Latz and Ann Rest. *Letter from City of New Hope Reaardina New Hope Ice Arena MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the letter from City of New Hope, dated September 8, 2008 regarding the New Hope Ice Arena. *Approval of Deadline Extension for Final PUD - PUD #105 - Xenia Ridae MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an extension until May 1, 2009 to submit the Final PUD Plan for PUD No.1 05, Xenia Ridge. Regular Meeting of the City Council September 16, 2008 Page 3 *Approval of Extension for Filing of Plat -1017 Ravine Trail MaVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an extension until April 1, 2009 to submit the final plat for the property located at 1017 Ravine T ra i I. *Call for Public Hearing - Special Assessments - Pavement Management Program - 10/21/08 MaVED by Pentel, seconded by Scanlon and motion carried unanimously to call a public hearing for special assessments the 2008 and 2009 Pavement Management Program for actober 21,2008 at 7 pm. *Authorization to Sign Agreement with MnDOT for Safe Routes to School Program Member Pentel introduced the following resolution and moved its adoption: REsaLUTlaN 08-39 RESaLUTlaNAPpo.lNTING CaMMISSlaNER aF TRANSpaRTATlaN AS AGENT FaR THE CITY aF GaLDEN VALLEY TO. RECEIVE FEDERAL FUNDING UNDER THE SAFE RaUTES TO. SCHaaL PRaGRAM The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; 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 to Human Rights Commission MaVED by Pentel, seconded by Scanlon and motion carried unanimously to appoint Robert Hoyt to the Human Rights Commission for a two year term which expires May 1, 2010. *Call for Administrative Hearing - Appeal of Administrative Citation - 2560 Brookridge Avenue North - 10/7/08 MaVED by Pentel, seconded by Scanlon and motion carried unanimously to call for an Administrative Hearing on an Appeal of Administrative Citation for 2560 Brookridge Avenue North for actober 7, 2008 at 6 pm. Regular Meeting of the City Council September 16, 2008 Page 4 *Authorization to Sian Professional Services Aareement with Hennepin County for Reimbursement of Active Livina-Related Staff Expenses MOVED by Pentel, seconded by Scanlon and motion carried to authorize the Mayor and City Manager sign the Professional Services Agreement with the Hennepin County Human Services and Public Health Department for reimbursement for work pertaining to active living. Council Member Freiberg abstained from voting due to a potential conflict of interest. Public Hearina - Ordinance #409 - Rezonina to Hiah Density Residential Zonina District (R-4) - 11 00 Dou~las Drive North, 1170 Doualas Drive North, 1200 Doualas Drive North. 1300 Doualas Drive North, 6200 Golden Valley Road and 6212 Golden Vallev Road Public Hearina - Preliminary Plan Review - PUD #106 - Apl)lewood Pointe - Northeast Corner of Doualas Drive and Golden Vallev Road The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 409, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning 1100 Douglas Drive North, 1170 Douglas Drive North, 1200 Douglas Drive North and 1300 Douglas Drive North from Single Family Zoning District (R-1) to High Density Residential Zoning District (R-4) and Rezoning 6200 Golden Valley Road and 6212 Golden Valley Road from Medium Density Residential Zoning District (R-3) to High Density Residential Zoning District (R-4) City of Golden Valley, Applicant Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard, Thomas Burt, Jeannine Clancy and Mike Kotila, SEH, answered questions from the Council. Cathy Waldhauser, Planning Commissioner, presented the 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. Roxanne Sienko, 5800 Golden Valley Road, opposed to the R-4 rezoning because she thinks the designation is too large for the area; stated she would like it to stay at R-3; stated that now they are doing a corridor study and thinks if the property is rezoned now they are putting the cart before the horse, feels that if the area rezoned now the Council may regret the decision in the future; would like to keep the area residential to bring in new younger families into the neighborhood to keep it a small tight nit area; if the area changes it will take away from the neighborhood and requested the Council to reconsider changing the zoning. Regular Meeting of the City Council September 16, 2008 Page 5 Public Hearing - Ordinance #409 - Rezoning to High Density Residential Zoning District (R-4) - 1100 Douglas Drive North, 1170 Douglas Drive North, 1200 Douglas Drive North, 1300 Douglas Drive North, 6200 Golden Valley Road and 6212 Golden Valley Road Public Hearing - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Douglas Drive and Golden Valley Road - Continued Carol Harbison, 6038 Golden Valley Road, concerned about the traffic generated from this development; wants to know what the level of service is and what you expect it to be; what it will be for R-4; asked if there is a trip cap in place and what it is now and what it is expected to be for R-4; had questions about the lack of curb cuts on Douglas Drive and why there is only one entrance/exit on Golden Valley Road. Marge Haug, 6038 Golden Valley Road, stated there is no sidewalk on Douglas Drive and wanted to know if ths plan would include sidewalks; stated they have to cross the street to get to sidewalks when they want to walk and get to shops; expressed concern about the traffic; had questions about the setbacks, installation of trees and bushes and wants to the Council to consider aesthetics while making their decision. Patty Burrets, 6414 Golden Valley Road, stated a development they did in Bloomington is the same size as the Golden Valley location but in Bloomington the numbeLof units is less; thinks it is overkill for the site and way too big; if it is developed with 4-5 stories it will be the tallest buildings on Douglas Drive and feels it is too close to the street. Mike Broughten, 6058 Golden Valley Road, concerned about the height of the building; asked that if it is rezoned will that set up other buildings in the area to be rezoned; concerned about density in the area; feels the entrance/exit is too close to the bridge; feels it will be hard for delivery trucks, food service and garbage vehicles to get into the area; concerned about the traffic flow and patterns on Douglas Drive and Golden Valley Road; concerned about the walkways; had questions about the entrance and exit points; and wants the area to remain as residential as possible. Eleanor Kolar, 6186 Golden Valley Road, asked why do you want to do this; what does Golden Valley get out of this; she thinks the open spaces within the city are disappearing and would not want to live in a city without open spaces. Mona Peck, 6006 Golden Valley Road, opposed because of the height and number of units in that area; stated she lives in a quiet area, the homes are kept up nicely, its pleasant and a safe place to live; concerned about the added traffic and feels the monster building dwarfs everything in sight; requested the Council reconsider and make it smaller and lower in height and would like to see it no higher than 48 feet, if that. Regular Meeting of the City Council September 16, 2008 Page 6 Public Hearing - Ordinance #409 - Rezoning to High Density Residential Zoning District (R-4) - 1100 Douglas Drive North, 1170 Douglas Drive North, 1200 Douglas Drive North, 1300 Douglas Drive North, 6200 Golden Valley Road and 6212 Golden Valley Road Public Hearing - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Douglas Drive and Golden Valley Road - Continued Jean Shannon, Calvary Center Cooperative Vice President, 7600 Golden Valley Road, stated there are currently six senior living facilities in a small area of the city; stated that if Applewood is built in the area it will over saturate the senior services in the area and provide competition for senior facilities; feels they can't afford the competition; it means that their units will stay vacant for much longer and during that period the people who want to sell have to pay association fees even if they are not living there and the units are sold; it is a high priority of the Board to sell the units as soon as possible; stated they spend a great deal on marketing and are always looking for new ways to attract buyers; feels it would be harder to sell the units when new, larger units are in the same area; stated they update and remodel the facilities; stated the Board formally objects to the building of Applewood Pointe and suggests that something other than a senior living facility be built on the site. Jana Solenran, 6040 Golden Valley Road, stated her neighbor AI Halloran, 5735 Golden Valley Road, is unable to attend the meeting but wanted the Council to know that the new bridge is on an angle and it makes a blind exit to see who is coming and going and doesn't think it is safe; she stated she feels that there are so many senior living facilities that no more are needed; it is expensive to live at Applewood Point and wanted to know if the buildings will be subsidized; concerned about traffic at the corner of Golden Valley Road and Douglas Drive; distributed a letter for the Council to review; stated that senior like to come and go and is concerned about the deliveries, workers, ambulances, police and file using the same driveway; wanted to know how this development will impact the city budget; suggested other areas be considered for this development; wanted to know if they will be taxed and assessed for the roads and sewage; asked if there will be tax abatements for this development and will they affect future taxes; and feels it is over kill for the neighborhood. Stacy Hoschka, 6400 Golden Valley Road, is concerned about traffic and pedestrian safety for seniors in the area; asked how this development will affect the west side of Douglas Drive; concern for seniors and kids getting t the bus; asked what height is good for the area; feels that the area may be better if the project is scaled down to R-3. Stan Kolden, 6026 Golden Valley Road, wants the Council to consider the impact of the quality of life for the seniors in the area; had questions about the landscaping; feels in 20 years from now the development will look tired; and feels that zoning can facilitate better buildings for the city. Regular Meeting of the City Council September 16, 2008 Page 7 Public Hearing - Ordinance #409 - Rezoning to High Density Residential Zoning District (R-4) - 1100 Douglas Drive North, 1170 Douglas Drive North, 1200 Douglas Drive North. 1300 Douglas Drive North. 6200 Golden Valley Road and 6212 Golden Valley Road Public Hearing - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Douglas Drive and Golden Valley Road - Continued Ric Lager, 6306 Golden Valley Road, feels this is an opportunity for the City and that a company who has several of these facilities throughout the metro area and with their financial strength and track record has made a decision that they are proposing the development is good for the City; feels the city needs a development like this; feels they are a well managed company and the neighborhood concerns have been address by their staff. The Mayor closed the public hearing. . MOVED by Pentel, seconded by Shaffer and motion carried unanimously to refer this back to Planning Commission to think about a maximum height allowable in the R-4 District with additional height to be determined by a conditional use permit and making sure there is consistency across the R-4 zoning code in terms of other places where there is high density. Public Hearing - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Douglas Drive and Golden Valley Road Alex Hall, United Properties and Kevin Teppen, MFRA, reviewed the plan and answered questions from the Council. Mark Grimes, Director of Planning and Development, Allen Barnard, Thomas Burt, Jeannine Clancy answered questions from the Council. Cathy Waldhauser, Planning Commissioner, presented the 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. Roxanne Sienko, 5800 Golden Valley Road, opposed to the project, feels the size of the building is too much for such a small parcel of land; wanted to know what the sizes of the buildings will actually be; stated she looked at the plans and reviewed the sizes of the buildings; she compared the Golden Valley and Bloomington sites and other locations; stated some of their sites had buildings from three to five stories; feels the rendering showed trees that must be 60 feet but it will take years before the trees become that large; feel this building will forever change the dynamics of the neighborhood; feels it is a nice looking building but it is too big and sticks out like a sore thumb; wanted to know why they Regular Meeting of the City Council September 16,2008 Page 8 Public Hearina - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Doualas Drive and Golden Vallev Road - Continued can't just build a cooperative building and forget the assisted living building; feels that would make the site more earth friendly, more green space and less building and stated residents won't ever see the courtyard and fountain as they will only see the back and side. John Paulson, 320 Edgewood Avenue North, wanted to know how much subsidy is being asked for by the developer, asked if the City will contribute funds to this property; will tax increment financing be used and if so how m'uch; stated he was a builder and he never asked any funding; wanted to know how much will he have to pay for subsidizing the project and stated he does not object to the development but feels that before the decision is made to approve the project everyone should know how much it will cost residents. Carol Harbison, 6038 Golden Valley Road, stated that older citizens still go to work and drive, she realizes that the assisted living people won't drive much but there will be delivery trucks, service vehicles, food delivery and wanted to know about the parking ratios for the units. Shelby Andress, 8020 Wynnwood Road, stated that she and her friends are inquiring about different types of housing for senior citizens; appreciates the comments that were made; stated she is here to listen and learn; also stated there are a number of people who might not agree with some of the previous speakers and feels that based on the demographics heard tonight this type of housing will be needed in the future. Jeanne Wyatt, 1350 Douglas Drive, Villas on Bassett Creek Board Member, stated that United Properties has been forthcoming with the homeowners association and explained and addressed the concerns of the Board; stated they wanted to make sure that both of the sites were complementary so that the corner and the Douglas Drive corridor continues to improve its looks, stated the majority of the homeowners association members think this development will make the area better, not worse; and feels that the taxes that will be paid by this development will be a plus for the City. Dean McCarty, 1895 Hampshire Lane, stated he is on the Planning Commission but is speaking as a citizen not a Commissioner, stated he was a descending voter but didn't feel his concerns were addressed; want the Council to consider the corriaor study is just taking place and feels that if this project takes place before the study is completed it will set the tone for the rest of the corridor and cautioned the Council in how you vote on this, and what you are voting for and use that in looking into the future development of Douglas Drive as the rest of the city will grow, feels the facility is a worthwhile project, feels the demographics show that we can use this type of facility but that it is not cited properly and is too bulky for the site; feels that a higher building at the back of the property would work better. Regular Meeting of the City Council September 16,2008 Page 9 Public Hearina - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Doualas Drive and Golden Valley Road - Continued Stacy Hoschka, 6400 Golden Valley Road, had questions about tax increment financing, how it works and the timing of the process; feels the environmental concerns are being handled by the developer, doesn't oppose the project and understands the need for this type of facility; expressed concern about the pedestrian safety, had questions about evacuating the assisted living facility in an emergency; asked if there is a need for balconies for assisted living; feels it is too massive; asked the Council to think about the neighborhood on the other side of Douglas Drive and is concerned about how this development will impact the neighborhood across the street and not encroach into their neighborhood. Patty Burrets, 6414 Golden Valley Road, expressed concern about the setback requirements and wanted to know why the setback is only 40 feet when the development in Bloomington is 80 feet. The Mayor closed the public hearing. MOVED by Shaffer and seconded by Pentel and motion carried to approve the preliminary design plan, Applewood Pointe, PUD No.1 06, subject to the following conditions: 1. The "Preliminary Site Development Plans for Applewood pointe" prepared by MFRA Associates and dated 7/25/08 shall become a part of this approval. These plans consist of Sheets C-1.01, 2.01, 3.01, 3.02,4.01,4.02,4.03, 5.01, 5.02, 5.03,6.01, 8.01, 9.01, 9.02, and 10.01. 2. The preliminary architectural plans for Applewood Pointe of Golden Valley prepared by JSSH Architects and dated 5/09/08 shall become a part of this approval. These plans consist of Cooperative Sheets CS, A1.1, A2.0, A2.2, A2.3, A2.4, A2.5, A2.6, A2.7, A3.1, A3.2, A3.3, A3.4, A4.1 , A4.2, A4.3, A4.4, Assisted Living Sheets A2.1, A2.2, A4.1, and A4.2. 3. The revised preliminary site plans for Applewood Point prepared by MFRA and JSSH showing the proposed pergola detail, landscaping and the changes made to the south building along'Golden Valley Road. These plans consist of sheets 1.1, EX-1A and C.. 9.01A 4. The recommendations and findings made by City Engineer Jeff Oliver, PE, found in the memo to Mark Grimes, Director of Planning and Development and dated July 30, 2008 shall become a part of this approval. 5. The recommendations and findings made by Deputy Fire Marshal Ed Anderson found in the memo to Mark Grimes, Director of Planning and Development and dated July 21, 2008 shall become a part of this approval. 6. The recommendations and findings made by Traffic Engineer Mike Kotila, SEH found in the memo to Jeannine Clancy, Director of Public Works and dated September 9, 2008 shall become a part of this approval. Regular Meeting of the City Council September 16, 2008 Page 10 Public Hearina - Preliminary Plan Review - PUD #106 - Applewood Pointe - Northeast Corner of Doualas Drive and Golden Vallev Road - Continued 7. Prior to approval of the Final Plan of Development by the City Council, title to the triangular piece of property now owned by the condominium association north of Bassett Creek shall be in the ownership of Applewood Pointe. 8. Final Plan approval should be contingent on zoning change. a. The new renderings supplied as part of the plan submitted shall become a part of this approval. 9. Review the sidewalk location on Douglas Drive in reference to Hennepin County. 10. Look into consideration of a right in and right out on Douglas Drive. Council Member Freiberg and Scanlon voted no. Public Item - Appeal of Board of Zonina Appeals Decision - 6925 Medicine Lake Road Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Nancy Nelson, Board of Zoning Appeals member presented the Board report and answered questions from the Council. Ron Rath, 6925 Medicine Lake Road, applicant, presented his appeal. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing no one, the Mayor closed the public hearing. MOVED byShaffer, seconded by Freiberg and motion carried unanimously that strict enforcement of the literal provisions of the chapter cause undue hardship because of circumstances unique to the individual property and restrict a reasonable use, so therefore the Council approves variance number 08-08-12, wavering from Section 11.21 Subdivision 11 (B) Height Requirements, granting 2.5 feet off the permitted 28 feet to a distance of 30.5 feet at the proposed south front elevation for the construction of a single family home at 6925 Medicine Lake Road. Continued Item - Authorization to Sian Amended PUD Permit - Calvary Lutheran Church - PUD No. 46 - Amendment No.6 - 7520 Golden Vallev Road Mark Grimes, Director of Planning and Development, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried to authorize the Mayor and City Manager to sign the amended PUD permit for Calvary Lutheran Church, PUD No. 46, Amendment NO.6 subject to the following conditions: Regular Meeting of the City Council September 16,2008 Page 11 Continued Item - Authorization to Sign Amended PUD Permit - Calvary Lutheran Church - PUD No. 46 - Amendment No.6 - 7520 Golden Vallev Road - Continued 1. If the Calvary Church property changes from a church use, the columbarium and the remains in the columbarium niches shall be moved to another appropriate location at no cost to the City of Golden Valley. 2. The height of the columbarium structure shall not exceed 6.5 feet above the ground. 3. No significant trees (as defined by the City's Tree Preservation Ordinance) shall be removed due to the construction of the columbarium or walkway. 4. There shall be no outdoor lighting of the columbarium or memorial garden. The only exception would be minimal bollard lighting for the walkway or lighting determined to be necessary for public safety reasons with the approval of the City Manager and Chief of Police. 5. As shown on the site plan prepared by Olsson Associates, only two of the pods may be constructed in a location chosen by Calvary Church. The construction may include walkways to the pods. Each pod will consist of 3 columbaria with 72 niches for a total of 216 niches in each pod. Each pod may include benches, liturgical art, and landscaping. Council Member Shaffer voted no. Pastor Dornbush thanked the Council for consideration of the Calvary Church request for construction of a columbarium. The Council directed that the Planning Commission make a recommendation on how columbarium's (interior and exterior) should be considered in the future. Announcements of Meetings The next Bassett Creek Water Management Commission will be held on September 18, 2008 at 11 :30 am. A Council Social will be held on September 25, 2008 from 6 to 8 pm at the Piazza's Italian Restorante. Some Council Members may attend the Lilac Planting Event on October 4, 2008 at 9am at the Brookview Large Park Shelter A Douglas Drive Corridor Study Workshop will be held on October 6, 2008 from 6 - 8 pm at City Hall. The next City Council meeting will be held on October 7,2008 at 6:30 pm. A Golden Valley Historical Society Meeting will be held on October 9,2008 at 7 pm at the Historic Church. Regular Meeting of the City Council September 16, 2008 Page 12 Announcements of Meetinas - Continued .0 Some Council Members may attend the Kelly Drive Pumpkin Contest on October 11, 2008 at 11 am. The Douglas Drive Task Force will meet on October 14, 2008 at 7:15 am at City Hall. The next Housing and Redevelopment Authority meeting will be held on October 14, 2008 at 6:30 pm. The next Council/Manager meeting will be held on October 14, 2008 immediately following the HRA meeting. A League of Women Voters Candidate Forum will be held on October 15, 2008 at 7 pm at City Hall. A Bassett Creek Water Management Commission will be held on October 16, 2008 at 11:30 am. The Council will discuss at the October 14, 2008 Council/Manager meeting resetting the November 6, 2008 City Council meeting. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 10:42 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant