07-15-97 CC Minutes unsigned Regular Meeting
of the
City Council
July 15, 1997
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 July 15, 1997 at 6:30 p.m.
The following members were present: Anderson, Johnson, LeSuer, Micks and Russell.
Also present were: William Joynes, City Manager; Fred Salsbury, 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 Council Meeting.
*Letter from David Fellman Regarding Hidden Lakes and Response from City AttorneX
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the letter from David Fellman, dated June 30, 1997 regarding Hidden Lakes and the
response from the City Attorney, dated July 10, 1997.
Approval of Minutes: City Council Meeting - July 1, 1997; and Council/Manager Meetina -
July 8, 1997
MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the
City Council Meeting minutes of July 1, 1997; and Council/Manager Meeting minutes of
July 8, 1997 as submitted.
A�aroval of Aaenda
MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve the
agenda of July 15, 1997 as amended: Addition of Manager's Item - Surface Water
Management Commission Staffing and Call for Public Hearing - General Obligation Tax
Increment Refunding Bonds, Series 1997A - 8/19/97; and Addition of Mayor and Council
Item - Golden Valley Human Services Foundation Golf Classic and Additional Information
Submitted by Council Member Micks Regarding Pavement Management Program
Subcommittee Update.
Aaaroval of Consent Agenda
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
items on the consent agenda, indicated by an asterisk.
Mayor Anderson read the items listed on the consent agenda.
Regular Meeting of the City Councii
July 15, 1997
Page 2
�`Approval of Check Register
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
payment of the bills as submitted.
*General Business and Heating Licenses
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to authorize
the issuance of general business licenses #16702 - #16706 and #6952 - #6954.
*Minutes of Boards and Commissions
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the minutes received as follows:
Planning Commission - June 23, 1997
Public Hearing - Ordinance #163 - Rezoning to Industrial Zoning District - North 100 Feet
of Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontage Road and
Public Hearing - Preliminary Plat A�proval - GBC Partners Addition
MOVED by Johnson, seconded by Russell and motion carried unanimously to bring on the
table for consideration the Rezoning to Industrial Zoning District - North 100 Feet of
Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontage Road and
Preliminary Plat Approval - GBC Partners Addition.
Connie Larson, Applicant and Mike Leuer, Moen Leuer Construction, reviewed the request
and answered questions from the Council.
Mark Grimes, Director of Planning and Development, presented the staff report and
answered questions from the Council. Fred Salsbury answered questions from the
Council.
Kevin McAleese, Planning Commission, presented the Commission report.
The Mayor opened the meeting for pubtic input and persons present to do so were
afforded the opportunity to express their views thereon.
Jim Trettil, 5802 Olson Memorial Highway, opposed to the rezoning, asked how high the
retaining wall is going to be, doesn't want to look at a 2 story building out his back door,
asked if there is going to be a sound barrier wall, feels the value of his property will be
lowered, feels they have been lied to by Mr. Frame, and doesn't want snow to be removed
or plowed in the middle of the night.
Regular Meeting of the City Council
July 15, 1997
Page 3
Public Hearing - Ordinance #163 - Rezoning to Industrial Zoning District - North 100 Feet
of Northeast Quadrant of Zane Avenue and Olson Memorial Highway Frontage Road and
Public Hearing - Preliminary Plat Approval - GBC Partners Addition - Continued
Georgia Goodwin, 5806 Olson Memorial Highway, stated she has built a 6 foot fence
which she was not going to and stated that was a hardship, expressed concern over the
possibility of lighting coming in her back window, that the lights are directed down and
away from the neighborhood, expressed concern over hill erosion, sewer capacity,
drainage, preservation of as many trees as feasible.
The Mayor closed the public hearing.
The following ordinance was MOVED by Johnson, seconded by Russell:
ORDINANCE #163, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Open Development Zoning District
to Industrial Zoning District
The North 100 Feet of the Property Located at the Northeast
Quadrant of Zane Avenue and the Olson Memorial Highway Frontage Road
GBC Partners, LLP, Applicant
MOVED by LeSuer, seconded by Russell, and motion carried to deny Ordinance #163, 2nd
Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES JOHNSON - NO LESUER - YES MICKS - NO RUSSELL - YES
Council Member Johnson stated the following rationale for denying the rezoning request:
1. The rezoning is an unconscionable expansion of Mr. Frame's earlier request
because, combined with the BZA variances for the Larson Building, it creates an
enormous building which will have a disastrous effect on the neighborhood.
2. The height and length of the proposed building allowed by the rezoning and
variances will block the view of the neighbors to the east and create a wall in their
back yard. The residential properties immediately adjacent to the east will be more
isolated as a result of the rezoning and the industrial building proposed by the
Larsons.
3. The extreme number of variances that are needed to make the building possible on
the property indicates that it is the inappropriate use.
Regular Meeting of the City Council
July 15, 1997
Page 4
Public Hearing - Ordinance #163 - Rezoning to Industrial Zoning District - North 100 Feet
of Northeast Quadrant of Zane Avenue and Olson Memorial Hiahway Frontage Road and
Public Hearing - Preliminary Plat Apqroval - GBC Partners Addition - Continued
Council Member Micks stated her rationale as follows:
1. The fact that the residences to the east were built long before this proposal for
industrial use of the property is an important factor because the residences are
established in the area.
2. The rezoning requested requires us to rezone it to an nonconforming structure
absent the number of large variances requested of the BZA.
3. Variances should not be used to push residents out of their homes and into selling
their property which may be an effect of the rezoning and proposed use of the
combined parcels.
4. The variances necessary for the proposed use of the combined parcels are too
great. A 72 foot variance is inappropriate for the combined parcels; the structure
that the variance permits and its impact on the residential neighborhood to the east
is detrimental to the residences.
Mark Grimes, Director of Planning and Development, stated the Council may want to ask
the applicant about consideration of the preliminary plat because without the rezoning of
the property they may not be interested in purchasing the property from R. L. Johnson.
MOVED by Johnson, seconded by Russell and motion carried unanimously to table the
requested action on the preliminary plat approval of GBC Partners Addition until staff has
had an opportunity to talk to the applicants.
Public Hearing - Ordinance 164 - General Plan A�proval - PUD #75 - Menards. Inc.
The following ordinance was MOVED by LeSuer, seconded by Johnson:
ORDINANCE #164, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of General Plan of Development
Menard Addition, PUD #75
Menard, Inc., Applicant
Robert Corey, representing the applicant, stated they are not going to subdivide the land
and doesn't feel the property needs to be platted as the survey will take several weeks
and additional money and he doesn't feel it will serve any purpose.
Regular Meeting of the City Council
July 15, 1997
Page 5
Public Hearing - Ordinance 164 - General Plan Approval - PUD #75 - Menards Inc -
Continued
Mark Grimes, Director of Planning and Development presented the staff report. Allen
Barnard answered questions regarding the PUD procedures.
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 LeSuer, seconded by Johnson and motion carried unanimously to approve
Ordinance #164, 2nd Series. Upon a roll call vote, the vote was as follows:
ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
*Call for Informal Public Hearing - Ordinance Amendment - Council Salaries - 8/5/97
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to call for an
informal public hearing for a ordinance amendment regarding Council Salaries for August
5, 1997.
*Receipt of June 1997 General Fund Bud.eq t Report
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the June 1997 general fund budget report.
Authorization to Sign PUD Permit,- PUD #75 - Menards, Inc.
MOVED by Russell, seconded by LeSuer and motion carried unanimously to authorize the
Mayor and City Manager to sign the PUD permit for PUD #75, Menards, Inc.
*Information on 1998 Budget Calendar
MOVED by Johnson, seconded by LeSuer and motion carried unanimously to receive and
file the 1998 budget calendar memo dated July 7, 1997.
Regular Meeting of the City Councii
July 15, 1997
Page 6
SurFace Water Management Plan Advisory Committee Staffinq
William Joynes introduced the agenda item.
MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize
the City Manager to contract for staffing services for the Surface Water Management Plan
Advisory Committee for an amount not to exceed $20,000.00.
Call for Public Hearing - General Obligation Tax Increment Refunding Bonds, Series 1997A -
8/19/97
William Joynes introduced the agenda item.
MOVED by Johnson, seconded by Russell and motion carried unanimously to call for a
public hearing for the issuance of General Obligation Tax Increment Refunding Bonds,
Series 1997A for August 19, 1997.
Announcements of Meetina
The next City Council Meeting is August 5, 1997.
The Council will interview candidates for the Surface Water Management Plan Advisory
Committee on August 6, 1997.
The Council will hold a work session on August 13, 1997 to discuss budget issues and the
Pavement Management Plan.
The Mayor distributed a memo from the League of Minnesota Cities regarding the National
League of Cities Congress of Cities, scheduled for December 2-6, 1997 in Philadelphia,
Pennsylvania and requested the Council notify staff if they plan on attending.
Mayor and Council Communications
No action and/or discussion took place.
Presentation of Certificates of A�ointment
Mayor Anderson presented a Certificate of Appointment to Rick Martens, the Planning
Commission Member.
Regular Meeting of the City Council
July 15, 1997
Page 7
Presentation of Awards to 1997 Photo Contest Winners
Amy Griffin, Communications Intern, reviewed the rules and criteria in judging the photos
for the fifth annual "Views of the Valley" photo contest. The winning photos were shown to
the Council and the winner present was presented with a Certificate of Appreciation,
ribbon, cash award and mugs. The winners are: First Place - Paul Stone, 2020 Kelly
Drive; and the Second and Third Place Winner - Carolyn Hanson, 5700 Golden Valley
Road. The Council congratulated the winners.
Are� B Task Force Resolution Regarding Youth Involvement
Council Member LeSuer suggested the Council set up opportunities to sharing the
discussion of city issues and matters. The Council reviewed some ideas and suggested
that this item be placed on a future Council/Manager Meeting.
MOVED by Russell, seconded by Johnson and motion carried unanimously to receive and
file the Resolution to the Golden Valley Housing and Redevelopment Authority Regarding
Youth Involvement in the Area B Task Force dated May 27, 1997.
Pavement Management Program Subcommittee U date
Mayor Anderson and Council Member Johnson reviewed the memos submitted. Fred
Salsbury and William Joynes reviewed the matrix and answered questions from the
Council.
MOVED by Micks, seconded by Russell and motion carried unanimously to approve the
pavement quality index of between 6 to 7.
MOVED by Russell, seconded by LeSuer and motion carried unanimously to direct staff to
proceed with filling in the matrix as proposed by Fred Salsbury and amended by Council
Member Micks.
Mayor Anderson will meet with staff and distribute information for the proposed discussions
on the August 6 and 13, 1997 meetings.
Golden Valley Human Services Foundation Golf Classic
Council Member Johnson announced information about the Golf Classic which will be held
on September 6, 1997 at the Brookview Golf Course.
Regular Meeting of the City Council
July 15, 1997
Page 8
Adjournment
MOVED by Micks, seconded by LeSuer and motion carried unanimously to adjourn the
meeting at 9:31 p.m.
Mary E. Anderson, Mayor
ATTEST:
Judy Nally, Administrative Secretary