09-19-01 CC MinutesRegular Meeting
of the
City Council
September 19, 2001
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 19, 2001 at 7:52 p.m.
The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks.
Also present were: William Joynes, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary.
Citizen Input - Response Regarding Bassett Creek Flooding
Mayor Anderson reviewed the staff response to concerns that were expressed at the
August 21, 2001 City Council Meeting.
Citizen Input - Response Regarding Tax Increment Financing
Mayor Anderson reviewed the staff response to concerns that were expressed at the
August 21, 2001 City Council Meeting.
Approval of Minutes: City Council Meeting - September 4, 2001
MOVED by Johnson, seconded by Micks and motion carried unanimously to receive and
file the City Council meeting minutes of September 4, 2001 as submitted.
Approval of Agenda
MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the
agenda of September 19, 2001 as submitted.
Approval of Consent Agenda
MOVED by LeSuer, seconded by Micks and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk (*), as submitted.
Mayor Anderson read the items listed on the consent agenda.
*Approval of Check Register
MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the
payment of the bills as submitted.
Regular Meeting of the City Council
September 19, 2001
Page 2
*General Business and Heating Licenses
MOVED by LeSuer, seconded by Micks and motion carried unanimously to authorize the
issuance of license #7527.
*Minutes of Boards and Commissions
MOVED by LeSuer, seconded by Micks and motion carried unanimously to receive and file
the minutes received as follows:
Open Space and Recreation Commission - July 23, 2001
Board of Zoning Appeals - August 28, 2001
Public Hearing - Property Tax Abatement - General Mills Expansion
William Joynes introduced the agenda item and answered questions from the Council.
Jeannine Clancy; Don Taylor, Finance Director; 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.
Linda Loomis, 6677 Olson Memorial Highway, asked when the Council had discussed the
policy regarding abatements, was the public informed of the discussion and was public
input solicited, asked if it is appropriate to proceed when three of the current Council are
not running for reelection, asked how did the City find out about the use of tax abatements,
stated General Mills made a significant amount in profit last year and feels they should pay
their taxes and that the City should not subsidize the expansion of General Mills.
Mark Hendrickson, 4945 Winsdale Street, asked if the City has a policy regarding tax
abatement, what percentage of the total abatement authority this request would use,
reviewed what the law regarding what the abatement resolution must address and feels the
resolution is not adequate; feels that it is not redeveloping or renewing a blighted area;
feels that this Fortune 500 company with revenue and assets and the ability to pay $10 -
billion for another company does not need this sort of help and it is clearly inappropriate.
John Giese, 5545 Golden Valley Road, asked if the abatement can be renewed every two
years, it the abatement can be eliminated or reduced; wanted to know what General Mills
is worth now as far as taxes, what it will be worth with the new reductions and what is going
to be generated after the addition.
The Mayor closed the public hearing.
Regular Meeting of the City Council
September 19, 2001
Page 3
Public Hearing - Property Tax Abatement - General Mills Expansion - Continued
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 01-51
RESOLUTION APPROVING PROPERTY TAX ABATEMENT
FOR CERTAIN PROPERTY IN THE CITY OF GOLDEN VALLEY
GENERAL MILLS, INC.
ONE GENERAL MILLS BOULEVARD
The motion for the adoption of the foregoing resolution was seconded by Member LeSuer
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson and LeSuer; and the following voted against the same: Micks,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Public Hearing - Ordinance #258 - General Plan Approval - PUD #94 - General Mills
Expansion (1 General Mills Boulevard)
The following ordinances were MOVED by Johnson, seconded by LeSuer:
ORDINANCE NO. 258, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of General Plan of Development
General Mills, Planned Unit Development (P.U.D.) No. 94
General Mills, Inc., Applicant
Kenny Horns, HGA reviewed the plan and answered questions from the Council.
Mark Grimes, Director of Planning and Development introduced the agenda items,
answered questions from the Council. William Joynes 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 Bakken, seconded by LeSuer and motion carried unanimously to approve
Ordinance #258, 2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES
Regular Meeting of the City Council
September 19, 2001
Page 4
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road)
Mayor Anderson introduced the agenda item. William Joynes, Allen Barnard and Mark
Grimes, Director of Planning and Development, reviewed the plan and answered questions
from the Council throughout consideration of this item.
John Shardlow of Dahlgren, Shardlow, Uban; and Bill Huser, Project Coordinator, reviewed
the plan and answered questions from the Council.
Les Eck, Planning Commissioner presented the Commission report.
Linda Loomis, Open Space and Recreation Commission reviewed the Commission report.
Dawn Hill, Environmental Commission reviewed 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.
Hugh Maynard, 1420 Spring Valley Road, representing Citizens to Preserve Twin Lake; he
stated he did not tell StarTribune columnist Doug Grow that any Golden Valley officials are
motivated by racism or homophobia, when he asked why are some City officials in favor of
this project he told them the primary arguments are increasing the City tax and allowing
private land to be used as the landowner wishes; feels the project will destroy the solitude
of the area, impair water quality, believes that Twin Lake is a natural resource and should
be enjoyed by all citizens of the city and the City should not give away the natural resource
in exchange for the increase in the taxes, the City does have codes that prevent property
owners from doing what they want; suggested that the house on the peninsula could be
remodeled and sold for in excess of 1 million dollars, stated that 2 homes could be built on
the site that would comply with the existing zoning and would not need a PUD and
variances; or only allow 3 or 4 homes on the peninsula; stated the resolution adopted in
1997 does not specify the number of homes to be built and feels the Council should vote
to protect Twin Lake.
Dean Zimmerman and Annie Young, representing the Minneapolis Park and Recreation
Board; stated the people of Golden Valley reap the benefits of decisions made from 100
years ago to preserve the Theodore Wirth park area; they made it their business to
preserve those areas that, once ruined, could never be brought back; wanted to know if the
current Council had the courage and vision to save the land for the future; Annie Young
read a resolution adopted by the Park Board which disapproves of the construction of
homes on the peninsula between Twin Lake and Sweeney and urges the Council to deny
any permit that would allow any construction.
Regular Meeting of the City Council
September 19, 2001
Page 5
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
Mary Hepokoski, 6473 Westchester Circle, representing the League of Women Voters,
supports the preservation of open space as an important part of a complete park system,
feels that Twin Lake is special, expressed concern over the potential loss of wildlife if
homes are built on the lakes; and concurs with the Open Space and Recreation
Commission recommendation regarding park dedication and believes that preservation of
open spaces is of public interest.
Bruce Watson, 2514 Brenner Street, Roseville, consulting Meteorologist, feels if the project
progresses the humidity of the lake will change and it will effect the flora and fauna, will
modify the temperature of the lake, the wind will blow faster because of the loss of trees,
the water quality will be degraded; and the ecology of the lake will change.
Bill Flanary, 6737 Olympia Street, stated he is in favor of the project; stated we will benefit
by the houses being built and by the people who move into them, stated this has been a
private lot ever since he was younger, this is not a public convenience and feels that for the
good of the City the development should go through.
James Piegat, 630 West Elm Street, Norwood, representing a group of Golden Valley
residents and retained as a consultant on this project by the Sierra Club, retained originally
to address springs in the peninsula, stated he is a hydrogeoligist and reviewed the water
sources for the springs; stated that he doesn't have the information to be able to tell how to
protect the springs because we don't know where the water comes from; stated that
construction could potentially damage the springs on the peninsula, additional ground
water studies would be needed to determine where the water comes from.
Ron Williams, 4368 France Avenue North, Robbinsdale, Chair, Twin Cities Group Sierra
Club, represents the MinniSierrans in Golden Valley, feels it is the Council's job to protect
Twin Lake, more than 700 people signed the petition to protect the lakes; feels the
proposal doesn't comply with DNR rules, feels the peninsula is unsuitable for development
as it will destroy seeps and springs, feels the retaining wall will be an ugly eyesore; and
stated the 1997 EAW says there should be no retaining wall.
Regular Meeting of the City Council
September 19, 2001
Page 6
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
Ron Johnson, 210 Milton Street, Roseville, uses the lake and enjoys it, support for
preservation extends far beyond the City borders, people come from all over the Twin
Cities and love the lake, the lake is secluded and untouched despite being in a
metropolitan area and he spends many days there every summer, feels the development
on the peninsula will destroy the aesthetic values and damage the environmental quality of
the lake; stated he is amazed that some individual or governmental agency did not step in
and purchase or protect the site; asked the Council to think of the legacy they would be
leaving; homes can be built anywhere, but Twin Lake is irreplaceable.
Lynne Levine, 1941 Ewing Avenue South, Minneapolis, member of Preserve Camp
Coldwater Coalition, fought against a number of developments with environmental
concerns and in the end they all turned out to be true; talked about development of Ewing
Wet Lands and the impact of the development; feels we should save the area for our
children; says in other cities, construction has stopped because they have found that
building has impacted the streams; when you are given wrong information and finally
discover the error it is too late to make the corrections; the developer took a risk and knew
there would be opposition to development on this environmentally sensitive land.
Glen Helgeson, 901 Parkview Terrace representing Citizens for Twin Lake Preservation;
believes the developer doesn't automatically get the green light for phase 2; there hasn't
been a conclusive study that shows where the water comes from; if you take the grade out
of the peninsula we don't know what is going to happen; the Council should not make a
decision regarding the peninsula until that information is known; feels the City should hire
an independent survey person to make sure the survey information is correct before
anything is done on the site, expressed concern over the construction of the proposed
retaining wall; expressed concern over the soil conditions and the effect development will
have on the water quality of Twin Lake; feels the development doesn't meet the DNR
shoreline requirements; the City is not getting any life cycle housing with this site and
doesn't help the City meet its housing goals.
Stephen Dargas, 2241 Legend Drive, concerned that there is one way in and one way out;
and what happens in case of a fire you only have a 20 foot wide roadway; when winter
comes you will loose about a 1-1/2 foot on either side of the road because of the snow;
concerned over taking sewage and water across a bridge; it will take fire trucks a long time
to get into the area; stated that new homes burn three times faster than older homes
because of the engineered lumber and materials used, and wishes the Council would vote
against the development.
Regular Meeting of the City Council
September 19, 2001
Page 7
Public Hearing Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
James Assali, 1499 Waterford Drive, supports the decision to approve the development of
the peninsula and the 10 villas golf villas thanked the Council for approving the original
development otherwise he wouldn't have a home; people who bought into the development
bought into the whole concept and encourage the Council to vote to allow the developer to
complete it, in the end people like the ones in this room will be the ones living there.
Steve Passed, 1498 Waterford Drive, has not always agreed the peninsula should be
developed but has had the opportunity to meet with the developer and listen to him and
see how he has changed his plans to meet the demands that the Planning Commission
and the Council; stated the developer has a buffer between the water and the lots to filter
the water before it goes to the lakes; suggested that the homes along Sweeney who have
grass down to their waterfront follow the same guidelines they are trying to oppose with the
new development; stated he likes living in Hidden Lakes as it is a wonderful community;
stated there are a number of foxes, deer and geese in the area; people come from all over
the metro area to use the beach area; they drink, go to the bathroom and leave their
garbage behind; if you walk the trail there is litter is everywhere; approves of the
development and feels the developer should be allowed to continue with his plans.
Jane McDonald Black, 924 Adeline Lane, stated there is no evidence that the existing
homes on Sweeney has caused any pollution on Twin Lake; stated there is pollution
coming into Sweeney Lake; the storm water from almost all of Golden Valley and parts of
St. Louis Park is drained into Sweeney Lake; estimated there is 10 feet of silt deposited
from the storm sewers into Sweeney Lake; showed a picture of what it looks like after a
rain and brought in a jar full of silt; stated this black, gooey oil -like substance is flowing into
Sweeney Lake; the City has developed and has tried to put in holding ponds, but they
need to be dredged; we all have a responsibility to the lakes; what is flowing down the
drain in front of your yard is going into the lake.
David Hanson, 1030 Angelo Drive, stated there will still be park land on the south end of
the lake; feels the protection the developer has done for the peninsula seems to be very
adequate; has walked the peninsula and seen the plan of what they are going to do and
supported what they have done; feels they have done a beautiful project and it is a great
asset to the City and urges the Council to support it.
Regular Meeting of the City Council
September 19, 2001
Page 8
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
Michelle Dellifield, 2210 North Milton Street, Roseville, feels the City has set aside rules so
the developer can make a profit; asked if this is the highest and best use for the property;
wanted to know if it is a wealthy enclave with a private road into it or is it the only in the
Twin Cities that is relatively unpolluted; even though people leave their trash there, other
people do pick up the trash and put it into the overflowing garbage barrels that have not
being emptied by the Park Board; suggested that the park board empty them more; there
are large numbers of people who make it a point to clean up after themselves.
Mick Lee, 1900 Major Drive, likes what is happening in Hidden Lakes better than any other
options that have been proposed over the years; likes the way the developer, the city and
citizens have discussed and worked together; feels the development is a great asset to the
city; likes the property and the housing put there; the properties that have been developed
have been sold quickly; likes the people and the tax base that will help the community; the
City now has a different perception in the real estate industry in terms of the kind of
housing we have; had enhanced the real estate values in the neighborhood; this
development helped him decide to stay in the city and remodel instead of sell his home
and move out; has enjoyed the environment in the area; feels the developer has listened
and is responsible and feels housing on the development will shed new light on the nude
beach across the way and maybe some of the other residents in the area will not be
intimidated and will enjoy the beach as well
Richard Mathews, 1301 Waterford Drive, feels the development is a gem; that this is the
most outstanding development in the metro area in a long time that is close to Minneapolis;
and thinks what the developer is proposing is very reasonable.
Betsy Keer, 2502 Zenith Avenue North, likes to be able to go to a nature area without
having to see homes near them; feels there are a lot of exceptions being granted to the
development; the developer will make lots of money and a lot of tax income for the City will
be generated; the property may be private but the lakes are public water, doesn't believe
the land can be developed and maintain the quality of the lakes and the presence of the
wildlife.
Jeanne Zawistowski, 1435 Bridgewater Drive, loves the lake; stated she has taken a lot of
beer cans, liquor bottles and drug paraphernalia from her back yard which is not public
land; people trespass in her backyard on the way to the beach and resents it; if so many
people felt so against the development of the lake and they spent half their time fundraising
and getting the money to purchase the land from the developer and present it to the City,
this whole discussion would be academic; and she recommend voting for the development.
Regular Meeting of the City Council
September 19, 2001
Page 9
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
Charles Cochran, 1035 Rhode Island Avenue North, feels there should be no more than
one additional house on the peninsula; feels if it is developed the lake will deteriorate too
much and that will cause the other people to sell their houses; stated there are other areas
in the City to build housing; suggested that the six acres in front be developed
commercially and that tax revenue from that would preserve the lake.
Mark Vouch, 3233 Russell Avenue North, Minneapolis, showed photos of the lake, stated
he is a wildlife artist; stated the lake is so clear you can see far underneath the water.
Linda Loomis, Open Space and Recreation Commission, clarified information about the
amount of public land on the lakes.
Tom Mahan, 1335 Toledo Avenue North, representing the Audubon Chapter of
Minneapolis, believes the value of the homes go beyond just a monetary value especially
the value of open space, something that Golden Valley is lacking in a natural state, and
recommended voting against the plan.
Dave Stack, 329 Russell Avenue North, representing friends of Bassett Creek, express
support for Sierra Club, Minneapolis Park Board and Golden Valley Planning Commission
and the other citizens who want to preserve Twin Lake; stated the lake is the cleanest lake
he has ever swam in; he gets a skin reaction from a lot of other lakes he swims in and
doesn't when he swims in Twin Lake; feels it is a unique resource; so close to the metro
area and looks so wild and natural; would like the City to work with the Minneapolis Park
Board, Hennepin Parks, and Metropolitan Council to get the peninsula designed a nature
area; when the Loose Line bicycle and hiking trail runs on the south side of Twin lake into
downtown Minneapolis this will open the area up to a lot of people.
Bonnie Mathis, 900 Angelo Drive, supports preservation of the area and loves the
wilderness, goes there to relax and to find a wild place which is so unusual, and wants the
Council to preserve it.
Jean Beatty, 1941 Sumter Avenue North, supports preservation of the area; the City Codes
protect standards for the community and the Council should support the Codes; urged not
Council not to provide exceptions and variances in this instance.
Regular Meeting of the City Council
September 19, 2001
Page 10
Public Hearing - Preliminary Design Plan Approval - Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Valley Road) - Continued
Bernie Milstein, 1835 Noble Drive, said it is a beautiful lake; Hidden Lakes has helped the
tax base and property values immensely; we are an older community that needs infusion of
new young people to help community; when hospital owned the lake the island was not
accessible; people who come from other parts of the City don't care about the land, they
just come to use the lake; respects the developer and supports the developer to do a good
job.
Paula Pentel, 941 Angelo Drive, says there is housing proposed with individual sewage
systems with sump pumps which have not been tried elsewhere; doesn't see anything on
record saying how these systems are going to work; how are they going to be maintained
and how safe they are going to be; feels there are too many variances from the City Code
that are being approved; the street is not up to regulations; asked how far back from the
road are these homes set; they don't meet the normal setback requirements; would like to
see the land developed in a way that is consistent with the quality standards set forth and
is responsible, and not setting precedent in a way that would encourage further
development in other places to be not as responsible.
Patrick Scully, 2942 Lyndale Avenue, Minneapolis, stated the lake has a Boundary Waters
sort of quality; he is also pained when people leave trash; he takes trash out when he
leaves; don't use the carelessness of some users of the lake as a reason to lose the
pristine quality the lake has.
Greg Klave, 600 North Lilac Drive, volunteers with the Minneapolis Park Service to clean
the lake and organizes Earth Day pickup of the park; the people who trash the area are a
minority; feels you should not punish all for mistakes of a few; hundreds of people signed a
petition against the development; many people spoke against the development at the
Planning Commission and Council meetings in the past; supports the Planning
Commission vote against development, feels the springs are in jeopardy and is concerned
over the water quality of the lake.
John Giese, 5545 Golden Valley Road, stated the decision made tonight is preliminary and
will effect future Councils; feels there are issues that need to be dealt with and
recommends not voting tonight; feels the Council should look more closely at those issues
before we vote on it.
The Mayor closed the public hearing.
Regular Meeting of the City Council
September 19, 2001
Page 11
Public Hearing - Preliminary Design Plan Approval Amendment #1 - PUD #74 -
Hidden Lakes Development (South of Intersection of Hidden Lakes Parkway and
Golden Vallev Road) - Continued
MOVED by Bakken, seconded by Johnson and motion carried to allow for the construction
of six additional new homes on the peninsula fora total of seven homes on the Hidden
lakes Development. Council Member LeSuer and Micks voted no.
The Council announced that a Special City Council meeting to discuss any remaining
issues regarding the preliminary design plan for amendment #1, Hidden Lakes
Development has been set on September 25, 2001 at 7:00 p.m. This potential Special City
Council meeting date was set at the September 4, 2001 City Council meeting.
Mayor Anderson stated she will work with staff to develop a list of issues to be discussed at
the Special City Council Meeting.
*Approval of Plat Golden Meadows Addition
Member LeSuer introduced the following resolution and moved its adoption:
RESOLUTION 01-52
RESOLUTION FOR APPROVAL OF PLAT - GOLDEN MEADOWS P.U.D. NO. 89
The motion for the adoption of the foregoing resolution was seconded by Member Micks
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson, LeSuer, and Micks; 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.
Adjournment
MOVED by Micks, seconded by LeSuer and motion carried unanimously to adjourn the
meeting at 1:13 a.m.
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