12-20-94 CC Minutes unsigned Regular Meeting
of the
City Council
December 20, 1994
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 December 20, 1994 at 6:30 PM.
The following members were present: Johnson, Micks, Russell , Thompson and
Tremere. Also present were: William Joynes, City Manager; Allen Barnard, City
Attorney; and Judy Nally, Administrative Secretary.
Approval of Minutes: City Council Meetin - November 1, 1994
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve
the City Council Meeting minutes of November 1, 1994 as submitted.
Approval of Agenda
MOVED by Russell , seconded by Thompson and motion carried unanimously to approve
the agenda of December 20, 1994 as amended: Addition of Communications and
Petitions - Letters from Shirley Zachman, Richard and Lori Hines, and Steve Hatfield
and Amy Lovgren, Regarding Rezoning of Property Between Sumter Avenue South and
Rhode Island Avenue South; and Mayor and Council Item - Request by Human Rights
Commission to Send Letter to Clarion-Lorain Renaissance Inn Regarding Discrimination.
Approval of Consent Aqenda
P�OVED by Johnson, seconded by Russell and motion carr�ed unanimously to approve
the items on the consent agenda, indicated by an asterisk (*) , as amended:
Addition of Communications and Petitions - Letters from Shirley Zachman, Richard
and Lori Hines, and Steve Hatfield and Amy Lovgren, Regarding Rezoning of Property
Between Sumter Avenue South and Rhode Island Avenue South; and Mayor and Council
Item - Appointments: Human Services Foundation, Civil Service Commission,
Community Standards Task Force and Northwest Hennepin Human Services Council
Advisory Commission; and Request by Human Rights Commission to Send Letter to
Clarion-Lorain Renaissance Inn Regarding Discrimination.
*Bills and Claims
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
payment of the bills as submitted.
*Licenses
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
the issuance of licenses #15285 - #15299 and #6639.
*Minutes of Boards and Commissions
MOVED by Jnhnson, seconded by 2usse1l and motion carried unanimously to receive
and file the minutes received as follows:
Planning Commission - November 14, 1994
Board of Zoning Appeals - November 9, 1994
Human Services Foundation - November 14 and November 21, 1994
Civil Service Commission - November 7, 1994
Community Standards Task Force - November 16, 1994
Human Rights Commission - October 15, 1994
Regular Meeting of the City Council
December 20, 1994
Page 2
Public Hearing - Amendment to Comprehensive Land Use Plan Map - North of I-394
Between Sumter Avenue South and Rhode Island Avenue South
�illiam Joynes introduced the agenda item. Mark Grimes, Director of Planning
and Development, presented the staff report and was available to answer guestions.
Al1en 8arnard reviewed the procedures for consideration of the items.
Keven McAleese, Planning Commissioner, presented the Commission report.
Rick Rosow, Attorney, and Virginia Harris, Planning Consultant, representing the
applicant reviewed the request for the amendment.
The Mayor opened the meeting for public input and persons present to da so were
afforded the opportunity to express their views thereon.
Albin Winkels, 914 Sumter Avenue South, reviewed the history of the property,
wants property kept residential zoning, is concerned for lower property values
if commerical zoning is approved, concerned over spot zoning, and does not want
an ugly building built.
Scatt Thuleen, 855 Hanley Road, stated he just remodeled his home and plans to
stay, is opposed to �amendment to the plan, because of the sound wall there is
very little naise from I-394, feels the property would sell as residential if
more creative marketing was used and feels there are other places along I-394
that are better suited for office buiidings.
Craig Stillwell , 1033 Sumter Avenue South, opposed, feels the current owner
bought the property on speculation and this is a business situation, feels a
buffer could be designed between the property and I-394, feels the roads are
not designed to carry alot of business traffic and is concerned ovEr safety of
children along the roadway.
Paul McEnroe, 815 Sumter Avenue South, opposed, he stated the neighborhood is
very close and the children feel safe playing in the neighbarhood, stated the
decibel levels in the neighborhood have been tested and they are_below the level
for the installation of a sound barrier, and a business would not care about the
neighborhood.
Edmund Noren, 840 Sumter Avenue South, has lived in the neighborhood since the
1950' s, likes the neighborhood the way it is and hopes as time goes on other
young couples will move into the area and raise their children.
Dorraine Bailey, 950 Rhode Island Avenue South, was also speaking for her parents
who live at 1030 Rhode Island Avenue South, is concerned over car and truck
traffic as it is not easy to get to the site, feels the lots were overpriced
for residential and could be sold if they were more reasonably priced, and is
concerned over the outside lighting of lot.
Amy Dubisar, 732 Sumter Avenue South, read a letter from her neighbors, Jim and
Karen Oman, 843 Sumter Avenue South, stated the area now is a quiet, close-knit
neighborhood, is concerned over the increase in traffic and noise, and that the
area could use more affardable housing.
The Mayor closed the public hearing.
MOVED by Johnson, seconded by Micks and motion carried unanimously to deny the
amendment to the Comprehensive Land Use Plan Map from low density residential to
office use, for the following reasons:
Regular Meeting of the City Council
December 20, 1994
Page 3
Public Hearing - Amendment to Comprehensive Land Use Plan Map - North of I-394
Between Sumter Rvenue South and Rhode Island Avenue South - Continued
1. Construction of I-394 has increased the suitability of the property for
residentiai use and decreased its suitability for small office use.
2. The residential neighborhood of which the property is a part is presently
stable and includes existing homes that are similarly situated to the
subject property. _ _
3. Accepting the rationale that this property is residentially unsuitable because
of highway impacts sets a precedent that could cause a threat to numerous
other residentially designated highway frontage locations around the city.
4. Retaining the residential designation of the property is consistent with
objectives and policies in the Comprehensive Plan that relate to affordable
housing.
5. Small office buildings are not always the ideal residential buffer that
their sterotype implies.
6. Constitutes spot guiding.
7. Failure to demonstrate that housing can not be built on the site.
Upon a roll call vote, the vote was as follows:
JOHNSON - YES MICKS - YES RUSSELL- YES THOMPSON - YES TREMERE - YES
Resolution 94-86 - Resolution for Amendment to the Comprehensive Land Use Plan
Map Respecting Property Located North of I-394 Between Sumter Avenue South and
Rhode Island Avenue South - was not considered. -
Public Hearing - First Gonsideration - Ordinance #123 - Rezoning to Business and
Professional Office Zoning District - North of - Between Sumter Avenue South
and Rhode Island Avenue South
The following ordinance was MOVED by Russell , seconded by Thompson:
ORDINANCE #123, 2ND SERIES -
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Residential District to
Business and Professinnal Office District
Property Located North of I-394 Between
Sumter Avenue South and Rhode Island Avenue South
Thomas Ryan, Applicant
Rllen 8arnard reviewed the procedure for consideration of the item.
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 Thompson, seconded by Johnson and motion carried unanimously to deny
the rezoning to business and professional office zoning district, for the
fallowing reasons:
1. In view of the residential character of the property to the north and west
it would be spot zoning to rezone only this particular parcel , out of all of
the contiguous residential area lying west of Rhode Island Avenue, south of
Laurel Avenue and north of Wayzata Boulevard, to business and professional
zoning district.
2. In view of the now completed I-394 corridor, which is no longer .at grade
level pertaining to this parcel of land, the proposed property �s suitable
for residential use.
Regular Meeting of the City Council
December 20, 1994
Page 4
Public Hearing - First Consideration - Ordinance #123 - Rezoning to Business and
Professional Office Zonin District - North of I-�9 Between Sumter Avenue South
and Rhode Island Avenue South - Continued
3. The parcel for which rezoning is sought is residential on the city's
Comprehensive Municipal Plan and it would therefore be inconsistent with
and a failure to follow the previously studied and established plan to at
this time re2one just this specific parcel to business and professional
office zoning district. In situations of this type the entire residential
area should be considered as a whole and with particular reference to the
comprehensive plan, and there should be no rezoning of only a part of such
residential area ta a heavier use.
Upon a roll call vote, the vote was as follows:
JOHNSON - YES MICKS - YES RUSSELL- YES THOMPSON - YES TREMERE - YES
Public Hearing - Minor Subdivision - North of I-394 Between Sumter Avenue South
and Rhode Island Avenue South
Mark Grimes, Director of Planning and Development, introduced the agenda item.
Rick Rosow, Attorney representing the applicant, stated the applicant would like
to withdraw his application for the minor subdivision.
Reconvened Rublic Nearinq - 1995 Budqet - Adoption of Bud et Resolutions
MOVED by Russell , seconded by Micks and motion carried unanimously to reconvene
the public hearing for the 1995 Budget.
William Joynes presented an overview of the 1995 Budget and the proposed amendments.
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
ane, the Mayor closed the public hearing.
Member Thompson introduced the following resolution and moved its adoption:
RESOLUTION 94-87
RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA
AUTHORIZIP�G A NET TAX �EVY FOR 1995
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Russell , Thompson and Tremere; and the following voted against the
same: Johnson and Micks; whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Member Thompson introduced the following resolution and moved its adoption:
RESOLUTION 94-$8
RESOLUTION AOOPTING THE 1995 BUDGET OF THE GENERAL FUND
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Russell , Thompson and Tremere; and the following voted against
the same: Micks; whereupon said resolution was declared duly passed and adopted,
signed by the Mayor and his signature attested by the City Clerk.
Regular Meeting of the City Council
December 20, 1994
Page 5
Reconvened Public Hearin - 1994 Bud et - Adoption of Sudqet Resolutions - Continued
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 94-89
RESOLUTION ADOPTING THE 1995 BUDGET OF THE WATER AND SEWER UTILITY FUND
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 94-90
RESOLUTION ADOPTING THE 1995 BUDGET OF THE BROOKVIEW GOLF FUND
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Member Thompson introduced the following resolution and moved its adoption:
RESOLUTIQN 94-91
RESOLUTION ADOPTING THE 1995 BUDGET OF THE MOTOR VEHICLE LICENSING FUND
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: Johnson, Micks, Russell , Thompsonn and Tremere; and the following voted
against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION 94-92
RESOLUTION ADOPTING THE 1994 BUDGET OF THE CONSERVATION/RECYCLING FUND
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Russell , Thompson and Tremere; and the following voted
against the same: Micks,whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Member Thompson introduced the following resolution and moved its adoption, as
amended:
RESOLUTION 94-93
RESOLUTION ADOPTING THE 1995 BUQGET OF THE HUMAN SERVICES FOUNDATION
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:
Johnson, Micks, Russell , Thompson and Tremere; and the following voted against
the same: none, whereupon said resolution was declared duly passed and adopted,
signed by the Mayor and h�s signature attested by the City Clerk.
Regular Meeting of the City Council
December 20, 1994
Page 6
Reconvened Public Hearinq - 1995 Budqet - Adoption of Budqet Resolutions Continued
Member Micks introduced the following resolution and moved its adoption:
RESOLUTION 94-94
RESOLUTION ADOPTING THE 1995 BUDGET OF THE STORM SEWER UTILITY FUND
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- favo�
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none, whereupon said resoluti�n was declared duly passed and
adopted, signed by the Mayor and his signature attested by the. City Glerk.
Member Johnson introduced the followrng resolution and moved its adoption:
RESOLUTION 94-95
RESOLUTION ADOPTING THE 1995 BUDGET OF THE VEHICLE MAINTENANCE FUND
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: rrane, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Continued Public Hearing - First Consideration - Ordinance #119 - General Plan
n�N� ��a� ru� ' - Uolden alle Shoppinq Center
The following ordinance was MOVED by Johnson, seconded by Russell :
ORDINANCE #119, 2ND SERIES
AN ORQINANCE AMENDING TNE CITY CODE
Approval of the General Plan of Development for PUD #65
7901 Golden Valley Road, 505 Winnetka Avenue,
7860-8040, 8200, and 8224 Olson Memorial Highway
Trach Properties, Applicant
William Joynes introduced t�e agenda item and stated that MnDOT and Trach
Properties have reached an agreement and recommended continuing the hearing
until the January 3, 1995 meeting.
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 na
one, the Mayor closed the public hearing.
MOVED by Russell , seconded by Johnson and motion carried unanimously to continu�
the public hearing for consideration of Ordinance #119 until January 3, 1995.
Public Hearinq - Second Consideration - Ordinance #122 - General Plan Approval
PUD #67 Westwood Lake Office Park 2nd Addition
The following ordinance was MOVED by Johnsan, seconded by Micks:
ORDINANCE #122, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of the General Plan of Development
Westwood Lake Office Park 2nd Addition, PUD #67
William Joynes introduced the agenda item.
Regular Meeting of the City Council
December 20, 1994
Page 7
Public Hearing - Second Consideration - Ordinance #122 - General Plan Approval -
PUD #67 - Westwood Lake Office Park 2nd Addition
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Ffearing and seeing no
one, the Mayor closed the public hearing.
MOVED by Russell , seconded by Johnson and motion carried unanimously- to adopt
Ordinance #122, 2nd Series. Upon a roll call vote, the vote was as follows:
JOHNSON - YES MICKS - YES RUSSELL- YES THOMPSON - YES - TREMERE - YES
*Petition and Letter from Sweene Lake Association Re ardin Recreational
Facility Development and or Schaper Propert
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive
and file the petition, received December 7, 1994; and letter from Bud Olson,
President, Sweeney Lake Association, dated November 23, 1994; regarding
recreational facility development and/or Schaper Property.
*Letter from Jerry Mortenson, Project Manaqer, Hennepin County, Reqardin
Winnetka Avenue
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive
and file the letter from Jerry Mortenson, Project Manager, Nennepin County,
dated December 8, 1994, regarding Winnetka Avenue project.
*Letter from Howard Dahlheimer Reqarding Resiqnation from Communit Standards
Task Force
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive
and file the letter from Howard Dahlheimer, dated December 13, 1994 regarding
his resignation from the Community Standards Task Force and request the Mayor
send him a letter in appreciation for his service to the city. -
*Approval of Plat - Valley Square 6th Addition
Memher Johnson introduced the following resolution and moved its adoption:
RESOLUTION 94-96
RESOLUTION FOR APPROVAL OF PLAT - VALLEY SQUARE 6TH ADDITION -
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none; whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
*Letters from Shirle Zachman, Richard and Lori Hines, and Steve Hatfield and
Amy Lovgren, Regardin Rezoninq of Property 8etween Sumter Avenue Snuth and
Rhode Island Avenue South
MOVED by Johnson, seconded by Russell and motion carried unanimously to receive
and file the letter from Shirley Zachman, dated December 20, 1994; Richard and
Lori Hines, dated December 20, 1994; and Steve Hatfield and Amy Lovgren, dated
December 2Q, 1994; regarding rezoning of property between Sumter Avenue South
and Rhode Island Avenue South and consider them at the public hearing.
Regular Meeting of the City Council
December 20, 1994
Page 8
Authorization to Siqn PUD Permit - PUO #67 - Westwood Office Park 2nd Addition
Mark Grimes, Director of Planning and Development, introduced the agenda item.
Allen Barnard reviewed the amendment to the permit.
MOVED by Russell , seconded by Johnson and motion carried unanimously to authorize
the Mayor and Manager to sign the PUD Permit for PUD #67, Westwood Office Park
2nd Addition, as amended: add to 5. Changes in allocation of maintenance charges
between parcels shall not require an amendment to the PUD.
Approval of Plat - Westwood Office Park 2nd Addition
Member Johnson introduced the following resolution and moved �ts adoption:
RESOLUTION 94-96
RESOLUTION FOR APPROVAL OF PLAT - WESTWOOD OFFICE PARK 2ND ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member
Russell and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none; whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
*Authorization to Sign Letter of Understanding with Malloy Montague Karnowski
Radosevich & Co. , P.A. for Audit Services
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
the City Manager to sign the letter of understanding with Malloy Montague Karnowski
Radosevich & Co., P.A. , dated November 28, 1994, for 1994 audit services.
*Bids - Squad Cars
MOVED by Johnson, seconded by Russell and motion carried unanimously to award
the bid for the purchase four marked squad cars under the Hennepin County Joint
Purchasing contract from Supervior Ford for a total cost of $67,987.00.
*Bids - 3/4/ Ton Carry-All
MOVED by Johnson, seconded by Russell and motion carried unanimously to award
the bid for the purchase one 3/4 ton carry-all under the Hennepin County Joint
Purchasing contract for a total cost of $24,168.00.
Announcements of Meetinqs
All Council Member will be able to sign the check register on December 30, 1994.
*Set Date for Signinq Final Check Re ister
MOVED by Johnson, seconded by Russell and motion carried unanimously to set
December 30, 1994 as the date to sign the final check register.
Mayor's Communications
Mayor Tremere received information regarding the vacancies on the Metropolitan
Council and stated if anyone is interested in applying they should contact the
Governor's office.
Regular Meeting of the City Council
December 20, 1994
Page 9
*A ointments - Human Services Foundation Civil Service Commission Communit
Standards Task Force and Northwest Hennepin Human Services Council dvisor
Commission
MOVED by Johnson, seconded by Russell and motion carried unanimously to make the
following appointment:
Numan Services Foundation - Robert Lang - 1 year - expires 4/1/95
Civil Service Commission - Arthur Sirkin - 2 years - expires 1/1/97
Community Standards Task Force - Rosalyn Krause
Northwest Hennepin Human Services Council Advisory Commission - Janine Laird -
2 years - expires 12/31/96
*Request by Human Rights Commission to Send Letter to Clarion-Lorain Renaissance
Inn Regarding iscrimination
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve
the request submitted by the Human Rights Commission to send a letter to the
Clarion-Lorain Renaissance Inn regarding a discrimination incident.
Adjournment
MOVED by Thompson, seconded by Micks and motion carried unanimously to adjourn
the meeting at 10:02 PM.
J
Blair remere, Mayor
ATTEST:
Judy Nally, Administrative Secretary
�