11-16-99 CC Minutes Regular Meeting
of the
City Council
November 16, 1999
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 November 16, 1999 at 6:30 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
Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Response to Petition Regarding Allianz/Life USA Development
Mayor Anderson read the response, dated November 9, 1999, to the petition regarding
Allianz/Life USA Development during the public items portion of the Council Meeting and
stated that the response will be mailed to all persons who signed the petition.
*Petition for Paved Walking Path Around Northern Portion of Golden Valley Country
Club
MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and
file the petition, dated November 8, 1999 regarding the paved walking path and directed
staff to investigate the feasibility of this proposed walkway as part of the Pavement
Management feasibility report.
Approval of Minutes: Canvassing Board Meeting - November 3, 1999; City Council
Meeting - November 3, 1999; and Council/Manager Meeting - November 9, 1999
MOVED by Johnson, seconded by Bakken and motion carried unanimously to approve the
Canvassing Board Meeting minutes of November 3, 1999; City Council Meeting minutes of
November 3, 1999; and Council/Manager Meeting minutes of November 9, 1999 as
submitted.
The Mayor read the Council/Manager Meeting minutes of November 9, 1999.
Approval of Agenda
MOVED by Bakken, seconded by LeSuer and motion carried unanimously to approve the
agenda of November 16, 1999 as submitted.
Regular Meeting of the City Council
November 16, 1999
Page 2
Approval of Consent Agenda
MOVED by Johnson, seconded by Bakken 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 Johnson, seconded by Bakken and motion carried unanimously to authorize
the payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize
the issuance of license#17588 -#17594.
*Gambling Premises Permit Renewal Application - Minnesota Youth Athletic
Services
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-108
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT
FOR THE CONDUCT OF LAWFUL GAMBLING
(MINNESOTA YOUTH ATHLETIC SERVICES)
The motion for the adoption of the foregoing resolution was seconded by Member Bakken
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.
*Gambling License Exemption - St. David's Child Development& Family Services
MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and
file the gambling license exemption for St. David's Child Development & Family Services.
Regular Meeting of the City Council
November 16, 1999
Page 3
`Minutes of Boards and Commissions
MOVED by Johnson, seconded by Bakken and motion carried unanimously to receive and
file the minutes received as follows:
Planning Commission - October 11, 1999
Allianz/Life USA Office Complex Environmental Assessment Worksheet (EAVV) -
Information Session
Mayor Anderson introduced the agenda item.
The following staff and consultants were available to review the proposed Environmental
Assessment Worksheet process and answered questions from the Council and public:
William Joynes, City Manager; Mark Grimes, Director of Planning and Development; Allen
Barnard, City Attorney; Jim Benshoff, Traffic Engineer, Benshoff and Associates; and
Steve Platisha, SBP Associates.
The Mayor opened the meeting for public input and persons present to do so were afforded
the opportunity to express their views thereon.
Patty St. Piere, 2510 Lamplighter Lane, asked what triggers the Council to require an
impact statement; does this EAW give the recommendation of the environmental report,
and is there a copy of the developer's environmental report included in the EAW.
Jay Hoffman, 220 Yosemite Circle, asked how is the pollution discovered on the site dealt
with.
Linda Loomis, 6677 Olson Memorial Highway, asked the Council to request the audience
to raise their hand if they were at the meeting for the EAW; asked what are phased actions
and why the project is not considered a phased action or connected action.
Ellis Gottlieb, 100 Quebec Ave South, had questions about traffic analysis and trip
generation and the resource books they used to answer the questions; why they did not
include projects that were built in 1999 but had yet to be leased in the geographic area;
and the up zoning of areas around the development.
Roger Bartlett, 360 Brunswick Avenue South, asked for a show of hands of how many
people were contacted by Decision Resources LTD for the community survey that was
reviewed earlier in the evening.
Regular Meeting of the City Council
November 16, 1999
Page 4
Allianz/Life USA Office Complex Environmental Assessment Worksheet (EAW) -
Information Session - Continued
Amy Rosen, 205 Idaho Avenue North, asked about the start and completion date for the
proposed projects and number of stories for the second phase of the project; if there are
limits for density in terms of developed square footage; do any of the agencies who are
involved in the environmental concerns of the project have enough weight to stop the
process, and if so which ones; are there any second or third opinions that have been
brought in regarding the traffic issues; clarify the city's relationship with the developer for
Duke Developers.
Deborah Pailey, 30 Kentucky Avenue South, asked about the cost to the city of the
environmental cleanup effort.
Glenn Brown, 611 Sumter Avenue South, expressed concern over the pollution along
Laurel Avenue as there is a pollution problem now and feels it will get worse.
Michael Stern, 7435 Ridgeway Road, asked what methods are used to determine what
intersections are impacted, either severely or not severely; and if those methods are tested
in other areas and in other studies that the consultant has conducted; have the methods
been tested after the fact on any existing office buildings by his firm to ensure his methods
are accurate; what consideration was given to expanding beyond those intersections and
what happens to residential streets 3/4 to 1 mile away.
Lu Rockman, 130 Jersey Avenue North, asked why isn't the developer being required to
mitigate the traffic that is going through the neighborhoods.
Justin Miles, 10210 South Shore Drive, what happens to the ice arena and recreation area
and the other development there now and where will it be moved?
Marcia Anderson, 130 Edgewood Avenue North; stated the concerns seem to be about the
physical impact on streets or drivers on those streets; expected to see the assessment of
the neighborhood environment and quality of life issues within the City; and asked when
does the discussion of those issues happen.
Ken Schneider, 365 Dakota Avenue South, he is looking for a more macro view, asked
where is the big picture; when did we decide this was a good thing to do; and when in the
process do we get to decide the pros and cons of the proposal.
Regular Meeting of the City Council
November 16, 1999
Page 5
Allianz/Life USA Office Complex Environmental Assessment Worksheet (EAW) -
Information Session - Continued
John Dailey, 220 King Hill Road, asked what are the financial benefits to the residents,
what is the cost of the development to the residents in terms of streets, TIF, lost taxes of
the businesses that are being moved, consultants fees; cleanup, total cost to the city;
wanted to know in today's dollars when the citizens will get a return on this investment;
what is the cost to the citizens if we don't move forward and are you willing to ask the
citizens if we will accept that cost if the project does not go forward.
Mary Hepokoski, 6473 Westchester Circle, had questions about the density in the area and
had questions about the Golden Hills Traffic Study.
Judy Eidem, 234 Kentucky Avenue South, asked what other options were considered
before the City signed an agreement for development and expressed concern over the
carbon monoxide level of the off/on ramps on 1-394.
Clay Oman, 6458 Westchester Circle, asked what happens if in the future they want to add
an additional story to the building.
Steve Hagen, 350 Dakota Avenue South, asked if the Council take into account the results
of the survey when considering development of the site.
The Mayor closed the public hearing.
Public Hearing - RSL 222A - Oregon Avenue North, Plymouth Avenue to Olympia
Street
Jeannine Clancy presented the project 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. Hearing and seeing no one, the Mayor
closed the public hearing.
Member Micks introduced the following resolution and moved its adoption:
RESOLUTION 99-109
RESOLUTION ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 222A
OREGON AVENUE NORTH, PLYMOUTH AVENUE TO OLYMPIA STREET
Regular Meeting of the City Council
November 16, 1999
Page 6
Public Hearing - RSL 222A - Oregon Avenue North, Plymouth Avenue to Olympia
Street - Continued
The motion for the adoption of the foregoing resolution was seconded by Member
Johnson 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.
Informal Public Hearing - Installation of No Parking Signs - Zane Avenue North and
Lindsay Street
Jeannine Clancy introduced the agenda item 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.
Gary Larson, Golden Valley Supply Company, 1000 Zane Avenue North, stated when the
request first came to him it stated there would be no parking on the west side of Zane
Avenue and he uses the east side of Zane Avenue for customers coming to their business;
feels that 150 feet back from the intersection is excessive and feels 75 feet would be
adequate.
The Mayor closed the public hearing.
MOVED by Bakken, seconded by LeSuer and motion carried unanimously to continue the
informal public hearing for consideration of the installation of no parking signs on Zane
Avenue North and Lindsay Street for December 7, 1999 to allow staff to meet with the
affected property owners.
Continued Public Hearing - Ordinance #210 - Conditional Use Permit - 9220 Olson
Memorial Highway
The following ordinance was MOVED by LeSuer, seconded by Bakken:
ORDINANCE NO. 210, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Conditional Use Permit No. 99-78
9220 Olson Memorial Highway
The Luther Company Limited Partnership, Applicant
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
Regular Meeting of the City Council
November 16, 1999
Page 7
Continued Public Hearing - Ordinance #210 - Conditional Use Permit - 9220 Olson
Memorial Highway - Continued
Allen Barnard answered questions from the Council.
Peggy Rasmussen, Planning Commissioner, presented the Commission report.
John Baker, Baker Architects; and Tim O'Dogherty, Luther Companies; Tim Pugh, Sherwin
Williams reviewed the project 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.
John Liss, 235 Nevada Avenue North, National Camera Exchange, stated he is opposed to
project; showed some pictures of the Boulevard Collision site where cars and car parts are
stored; expressed concern over outside parking of cars, noise and air pollution; aesthetics
from his business and the apartment complex; effect on property taxes; and installation of
wooden fence and security of area.
The Mayor closed the public hearing.
MOVED by Bakken, seconded by Micks and motion to approve Ordinance #210, 2nd
Series failed. Upon a roll call vote, the vote was as follows:
ANDERSON - NO BAKKEN - NO JOHNSON - NO LESUER - NO MICKS - NO
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to adopt the
following as findings to support the denial of Ordinance #210, 2nd Series, as follows:
1. The request incorporates too much development for the site's size, as evidenced by
the requested variances;
2. A collision repair center is a different and more industrial use than gas stations,
battery and tire services, and other routine auto maintenance facilities found in the
Commercial zoning district, in that a collision repair center includes characteristics
such as multiple rooftop venting stacks and outdoor storage of vehicles under repair
for an average of 9.6 days at a time.
3. The proposed site is a particularly visible commercial property, given its frontage on
and proximity to both Highway 55 and Golden valley Road, which in combination with
existing and proposed variances leaves no appropriate "back yard" area where the
more industrial aspects of the use might be adequately concealed from view.
4. The detrimental impact on the residential properties across the street.
Regular Meeting of the City Council
November 16, 1999
Page 8
*Authorization to Sign PUD Permit - PUD #84 -Animal Humane Society
MOVED by Johnson, seconded by Bakken and motion carried unanimously to authorize
the Mayor and Manager to sign the PUD permit for PUD #84, Animal Humane Society.
*Waiver of Platting - PUD #84 -Animal Humane Society
MOVED by Johnson, seconded by Bakken and motion carried unanimously to waive the
platting of PUD #84, Animal Humane Society until the vacation of two easements have
been approved.
*Waiver of Public Hearing and Order Construction - RSL 225 - Dakota Avenue South
and Brunswick Avenue South
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 99-111
RESOLUTION WAIVING THE PUBLIC HEARING
PURSUANT TO MINNESOTA STATUTES 429.031, SUBD. 3
AND ORDERING CONSTRUCTION OF
CERTAIN PROPOSED PUBLIC IMPROVEMENTS
RSL 225
DAKOTA AVENUE SOUTH AND BRUNSWICK AVENUE SOUTH
The motion for the adoption of the foregoing resolution was seconded by Member Bakken
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.
Announcements of Meetings
The Budget Workshop is on November 18, 1999 at 5:30 p.m.
A Special Housing and Redevelopment Meeting will be held on November 29, 1999 at 7:00
p.m.
The next Housing Task Force Meeting is November 30, 1999.
The Budget Public Hearing is December 6, 1999 at 7:30 p.m.
The next City Council Meeting is December 7, 1999 at 6:30 p.m.
Regular Meeting of the City Council
November 16, 1999
Page 9
Announcements of Meetings - Continued
The CommonBond open house for Bassett Creek will be held on November 17, 1999 from
4:00 p.m. to 6:00 p.m.
The League of Minnesota Cities Policy Adoption Meeting is November 17, 1999.
Mayor and Council Communications
No action and/or discussion took place.
Presentation of Residential Survey Results by Decision Resources, LTD
William Joynes introduced the agenda item.
William Morris, Decision Resources, LTD., reviewed the residential survey results and
answered questions from the Council.
Adjournment
MOVED by LeSuer, seconded by Micks and motion carried unanimously to adjourn the
meeting at 10:05 p.m.
i2 , ,i/
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Mary E. A Berson, Mayor
ATTEST:
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