01-04-00 CC Minutes Regular Meeting
of the
City Council
January 4, 2a00
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 January 4, 2000 at 6:30 p.m.
The following members were present: Anderson, Bakken, Johnson, LeSuer and Micks.
Also present were: William Joynes, City Manager; Allen Barnard, City Attorney; and Judy
Nally, Administrative Secretary.
Approval of Minutes: Executive Session Statement - December 21 1999 and City
Council Meeting - December 21, 1999
MOVED by Johnson, seconded by Bakken and mo�ion carried unanimously to approve the
Executive Session Statement of December 21, 1999 and the City Council Meeting Minutes
of December 21, 1999 as submitted.
Mayor Anderson read the Executive Session Statement.
Adjournment
The Meeting was adjourned at 6:35 p.m.
Oath of Office. Roll Call and Seating of the Council
Retired Judge Patrick Fitzgerald gave the oath of office to Mayor Mary E. Anderson and
Council Members Gloria L. Johnson and Jan A. LeSuer. The term for Mayor Anderson
expires December 31, 2001 and the terms for Council Members Johnson and LeSuer
expire on December 31, 2003. A roll call was taken and the seating of the 2000 Council
took place.
The Mayor adjourned the meeting for cake and coffee, after which the meeting
reconvened.
Citizen Input - Response Regarding the Process for Adoption of a Phosuhorus Free
Ordinance
Mayor Anderson reviewed the staff response regarding the process for adoption of a
phosphorus free ordinance and requested staff to send a copy to Nancy Azzam.
Regular Meeting of the City Council
January 4, 2000
Page 2
*Letters and/or E-Mail from Andrew Scheu ar�d Karin Lindquist• Tom Conlin and
Kathleen Marron: Karen Derrico. Karen Orn: Mi�hael and Kate Richardson• Jonq and
Younq-Ja Han Lee; and Tom Sanders Regarding Breck School Ice Arena
MOVED by Micks, seconded by LeSuer and motior� carried unanimously to receive and file
the letters and/or e-mail from Andrew Scheu and Karin Lindquist, dated December 27,
1999; Tom Conlin and Kathleen Marron, dated De�cember 28, 1999; Karen Derrico, dated
December 28, 1999; Karen Orn, dated December 23, 1999; Michael and Kate Richardson,
dated December 24, 1999; Jong and Young-Ja Han Lee, dated December 22, 1999; and
Tom Sanders, dated December 25, 1999; regarding the Breck School Ice Arena.
*Letter from William and Sue Linder Regarding Breck School Ice Arena
MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file
the letter from William and Sue Linder, dated De�cember 26, 1999, regarding the Breck
School Ice Arena.
Approval of Agenda
MOVED by Bakken, seconded by Johnson and mo#ion carried unanimously to approve the
agenda of January 4, 2000 as amended: Addition of Letters and/or Petitions - Letter from
William and Sue Linder regarding Breck School Ice'Arena.
Approval of Consent Agenda
Mayor Anderson read the items listed on the consent agenda.
MOVED by Micks, seconded by LeSuer and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk, with the Addition of Letters and/or
Petitions - Letter from �Iliam and Sue Linder Regarding Breck School Ice Arena.
Appointment of Mayor Pro Tem
Mayor Anderson introduced the agenda item.
MOVED by Micks, seconded by Bakken and rr�otion carried unanimously to appoint
Council Member Johnson as Mayor Pro Tem for a period of one year.
*Set Time and Place of Agenda Closing
MOVED by Micks, seconded by LeSuer and motion carried unanimously to set the closing
time and place for receipt of public information for the Council agenda at 4:30 p.m. on the
Wednesday preceding the Council Meeting in the Gity Manager's Office.
Regular Meeting of the City Council
January 4, 2000
Page 3
*Designation of Official Publication
MOVED by Micks, seconded by LeSuer and motion carried unanimously to designate the
New Hope-Golden Valley SunPost as the City's official newspaper.
*Bills and Claims
MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the
payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the
issuance of license #17628 to #17632 and #7226 to #7330.
*Minutes of Boards and Commissions
MOVED by Micks, seconded by LeSuer and motion carried unanimously to receive and file
the minutes received as follows:
Planning Commission - December 3, 1999
Board of Zoning Appeals - November 23, 1999
Public Hearinct - Ordinance #211 - Rezonina to Commercial Zoning District - Vacant
Prouertv Located East of Golden Hills Shop�ping Center and Ordinance #212 -
Rezoninq to Commercial Zoning District - Existinq Parking Lot Located North of the
Golden Hills Shopping Center
Allen Barnard stated that both ordinances could be considered during one public hearing.
The following ordinances were MOVED by Johnson, seconded by LeSuer:
ORDINANCE NO. 211, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Open Development Zoning District to Commercial Zoning District
Vacant Property located East of the Golden Hills Shopping Center
5320-5418 Turner's Crossroad
Breck School and Capital City InWestments, Applicants
Regular Meeting of the City Council
January 4, 2000
Page 4
Public Hearinq - Ordinance #211 - Rezoning to Commercial Zoning District - Vacant
Propertv Located East of Golden Hills Shopping Center and Ordinance #212 -
Rezonina to Commercial Zoning District - Exis�ing Parking Lot Located North of the
Golden Hills Shopping Center - Continued
ORDINANCE NO. 212, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Business and Professional Office Zoning District
to Commercial Zoning District
Existing Parking Lot Located North of Golden Hills Shopping Center
5320-5418 Turner's Crossroad
Breck School and Capital City Investments, Applicants
Mark Grimes, Director of Planning and Development introduced the agenda items,
presented the Planning Commission report and answered questions from the Council.
William Joynes and Allen Barnard answered questions from the Council.
Paul Dahlberg, ACC Architects, reviewed the rezoning requests and answered questions
from the Council. Wendy Engleman, Business Manager, Breck School, 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.
Maurice Goldman, owner of apartment buildings at 5307-11 Circle Down; expressed
concern for event parking, noise control, screening the building from neighbors; stated
fence is a disaster and is not maintained, feels property values will be devalued and the
building is too large for the site; questioned why no meeting was held with the
neighborhood and how the property was offered to Breck School; asked if there are other
suitable sites within the City to relocate and stated he would not object to a one or finro
story office building.
Doug Velenchnko, 5011 Circle Down, feels the site would be better zoned business and
office zoning, because there would be better setbacks and impact the neighborhood less
negatively; requested a continuance for consideration of the rezoning as most of the
residents were not notified of the open house; that the Planning Commission meeting was
held too close to the holidays and that residents have not enough time to go through the
materials and study the project and the impact on tMe neighborhood.
Regular Meeting of the City Council
January 4, 2000
Page 5
Public Hearinq - Ordinance #211 - Rezonin� to Commercial Zoning District - Vacant
Propertv Located East of Golden Hills Shoppinq Center and Ordinance #212 -
Rezoning to Commercial Zoning District - Exis�ing Parking Lot Located North of the
Golden Hills Shopping Center - Continued
AI Minniti, 5121 Circle Down, concerned over traffic in the neighborhood, in addition to the
recent buildings that have been constructed in the area; concerned over people getting into
and out of the neighborhood; the noise of hockey players and spectators when coming to
and leaving games during the summer when people are trying to sleep; stated that people
come and leave at the same time and is concerned for the bottleneck it will cause trying to
get on the freeways; and the quantity of persons trying to get out the area at the same
time.
Harry Shapiro, 5231 Circle Down, asked how many of the Council Members will be
affected by the change in zoning and is against the project.
Joe Tarlizzo, 5101 Circle Down, concern that the ice arena won't be there forever and that
another build�ng or different owner will own the building and take the building down and put
something else up that will be more of a hindrance to the neighborhood.
Mrs. Goldman, owner of apartment buildings at 5307-11 Circle Down, stated there were
commercial uses that were attached to the commercial buildings that are there now, but
those were three smaller commercial structures and not a sky high dome.
Shelly Maasch, 5011 Circle Down, stated she would be against rezoning this property to
something that could become tax exempt as this piece of land could produce very high
property taxes for the City.
The Mayor closed the public hearing.
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve
Ordinance #211, 2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER -YES MICKS —YES
MOVED by LeSuer, seconded by Bakken and motion carried unanimously to approve
Ordinance #212, 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
January 4, 2000
Page 6
Public Hearing - Preliminary Design Plan Approval - PUD #56 - Golden Hills Addition
Mark Grimes, Director of Planning and Development, introduced the agenda items,
presented the Planning Commission report and answered questions from the Council.
Paul Dahlberg, ACC Architects; Dave Putnam, Midwest Land Surveyors; John Theil,
Athletic Director, Breck School; and Patrick Fisher, Property Manager, Shopping Center;
were present to review the plan and answer 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.
Laurie Falk, 5100 Circle Down, expressed concern for traffic and pedestrians in the area as
people make wrong turns into the area and then realize there is no outlet and speed back
through the neighborhood; would like to see the area clearly labeled a residential area, the
"no outlet sign" posted is rather high and is often missed.
Don Taylor, 5120 Circle Down, feels that a non-profit organization on this property is not
the best use of the property; feels there has been a lot of development in the area but
nothing that adds value to him as a resident, except the restaurant in the Colonnade
building; feels concerned there is no parking plan or traffic management plan at this point;
asked if they will be guaranteed the current use of the shopping center will remain the
same; stated The Metropolitan does not plan its events a year in advance; asked that
residents have a part in the booking arrangements; and would like Circle Down get an
access to Turner's Crossroad so they don't have to use Golden Hills Road to get out of the
area.
Rivia Kaplan, 5210 Circle Down, expressed concern for the fire station and ambulance
service to their area; stated they have lived through I-394 construction, have had wall
cracks, sunken driveways, sunken basements and MnDOT had to drive pilings for I-394
and that is when the damage took place; some of the homes on the south side of the street
were condemned; asked if Breck checked out any other facilities in the area; and feels
there are other areas within the City that will not be as expensive to develop.
Jane Gjerstad, 5420 Circle Down; stated that when Ruppert's was in operation they had
problems with people parking on the street and the frontage road and it was a problem for
fire protection and asked if fire trucks will be able to get into the area; stated that people
will not park in the parking lot across the street and feels the building is too large for the
site.
Mel Arnold, 5121 Circle Down, stated he has had problems getting out of his neighborhood
as cars will not let him out onto the street .
Regular Meeting of the City Council
January 4, 2000
Page 7
Public Hearing - Preliminary Design Plan Approval - PUD #56 - Golden Hills Addition -
Continued
AI Minniti, 5121 Circle Down, stated he will look at a wall from his backyard and be able to
hear the noise of the exhaust fan; stated he bought his home two years ago and had to
have the garage floor replaced prior to purchasing the home and it cost the bank $18,000;
he is concerned that pilings and adjusting the water table will cause more damage.
Harry Shapiro, 5231 Circle Down, stated that when MnDOT did the construction for I-394
they said it would take ten days to dewater the area, it took four months; stated there was a
lot of damage, he had his garage floor replaced, replaced the front sidewalk three times
and the patio has dropped twelve inches.
Joe Tarlizzo, 5101 Circle Down, expressed concern over structural damages to home in
the area and how will they be fixed; he would like to be reassured there will be no damage
before the dewatering or piling begins; feels the building doesn't fit on the site; and is
concerned over the proposed building blocking the sunlight in his backyard; and thinks
there should be better screening of the building.
Maurice Goldman, owner of apartment buildings at 5307-11 Circle Down, concern that the
setback requirements went from 30 feet to 20 feet by the apartment buildings and homes;
and stated that putting trees on the property line would not be acceptable.
Doug Velenchnko, 5011 Circle Down, stated that the piling issue is much larger than stated
at the Planning Commission; expressed concern over the length of time the piling will take
place and the dewatering of the site; asked what the water levels of the area are now;
asked what are the developers plans for a buffer to protect the neighborhood from the
noise and a view of the freeway; expressed concern for environment and wildlife in the
area; and suggested an EAW be conducted on the site.
Shelly Maasch, 5011 Circle Down, asked what happens to the area if one of the current
property owners decides to sell in the future; what liability will the City have for damage to
the neighboring property; expressed concern for traffic/pedestrian conflict if the parking
ramps are used and asked what are the liabilities; asked if the site has been tested for
asbestos and contaminants; asked at what point does Breck ice area lose it's tax exempt
status and if the City will require a yearly payment in lieu of taxes; feels there should be a
landscape buffer between the uses; asked if Breck could build a smaller building in the
North Wirth area or at this site; and would like to see trees planted instead of payment of
fees for the tree ordinance.
Regular Meeting of the City Councii
January 4, 2000
Page 8
Public Hearing - Preliminary Design Plan Approval - PUD #56 - Golden Hills Addition -
Continued
Larry Jocelyn, 614 Winnetka Avenue South, asked how much bigger in square footage the
proposed arena is; have other sites been considered; have Benilde and Breck considered
working together to get finro sheets of ice and renting out the facility; and if they could
generate more revenue and attendance if they looked at when the events are being held.
The Mayor closed the public hearing.
MOVED by LeSuer, seconded by Johnson and mation carried unanimously to approve the
preliminary design plan for PUD #56, Golden Hills Addition; subject to the following
conditions:
1. The site plan prepared by ACC Architects and dated 12/3/99 shall be a part of this
approval.
2. A well-defined and enforceable traffic and parking management plan shall be
submitted prior to review of the General Plan of Development. The plan shall
provide ways to manage and control peak hour traffic in the area and parking on the
site.
3. The recommendations of City Engineer Jeff Oliver contained in his memo dated
December 9, 1999 shall be a part of this approval.
4. A revised landscape and tree preservation plan shall be submitted as part of the
General Plan of Development and it shall include the Capital City Investments
property.
5. The City staff shall investigate the vacation of the alley throughout the site.
6. Capitol City Investment shall purchase the former vet clinic property from the HRA
for parking on the site.
7 A 6-foot wood fence to screen the apartment buildings from the parking lot shall be
considered by the neighborhood, apartment owner and staff and be required if
beneficial.
8. The arena hours shall be limited to 6 a.m. to 11:00 p.m.
9. The Director of Inspections shall approve lighting plans for the parking lot. Lighting
shall be reduced after 11 p.m.
10. The Developer shall provide adequate insurance to protect the City, the HRA and
the nearby residents for any damages caused by piling or dewatering for the
construction.
11. Capital Cities Investment shall complete its purchase of the property from MnDOT
and although closing may take place after General Plan Approval (it must be
immediately after General Plan Approval), the PUD permit and final plat shall not be
approved or issued until after the acquisition is complete.
Regular Meeting of the City Councii
January 4, 2000
Page 9
Public Hearina - Preliminary Design Plan Approval - PUD #56 - Golden Hills Addition -
Continued
Upon a roll call vote, the vote was as follows:
ANDERSON - YES BAKKEN - YES JOHNSON - YES LESUER - YES MICKS - YES
*Designation of Depositories for City Funds
Member Micks introduced the following resolution and moved its adoption:
RESOLUTION 00-1
RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS
The motion for the adoption of the foregoing resolution was seconded by Member LeSuer
and upon a vote being taken thereon, the folloNring 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.
*Authorization to Sign 2000 Sanitarian Agreements
MOVED by Micks, seconded by LeSuer and motion carried unanimously to authorize the
Mayor and City Manager sign the 2000 Sanitarian Agreements.
Announcements of Meetinqs
The Joint Meeting with the Area B Task Force has been postponed.
The next City Council Meeting is January 18, 2000 at 6:30 p.m.
The next Council/Manager Meeting is scheduled for January 11, 2000 at 5:30 p.m.
The next Housing and Redevelopment Authority is scheduled for January 11, 2000 at 7:00
p.m.
The Council/Staff workshop is scheduled for January 22, 2000 at 9:00 a.m. at the
Brookview Grill.
The Council will interview applicants to the Bassett Creek Water Management Commission
on January 11, 2000 after the Housing Authority Meeting at approximately 7:30 p.m.
Regular Meeting of the City Council
January 4, 2000
Page 10
Announcements of Meetinqs - Reset Meeting Dates
Due to the lateness of the hour this item was continued to the next City Council Meeting.
Announcements of Meetings - Set Date for Board of Review
The proposed date from Hennepin County for the Board of Review is the first night of
Passover. The Council suggested staff contact Hennepin County to find an alternate date.
Mayor and Council Communications
No action and/or discussion took place.
Council Assiqnments - League of Minnesota Cities, Association of Metropolitan
Municipalities. Council Commission Subcommittees
The Mayor will review the Council assignments sheets returned to her and the item will be
placed on the January 18, 2000 agenda.
Council Appointments - Assistant Weed Insp�ector, Housing and Redevelopment
Authoritv, Northwest Hennepin Human Services Council Executive Board, Northwest
Suburban Cable Commission, Human Rights Commission and Human Services
Foundation
Due to the lateness of the hour this item was continued to the next City Council Meeting.
Reqistration for NLC Annual Congressional City Conference
Due to the lateness of the hour this item was continued to the next City Council Meeting.
Adjournment
MOVED by LeSuer, seconded by Johnson and motion carried unanimously to adjourn the
meeting at 11:00 p.m.
C ��
Mary E. derson, Mayor
ATTEST:
�
J Nal Administrati Secretary
r