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2023-03-07 Regular Meeting March 7, 2023 — 6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in -person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1. Call to Order Mayor Harris called the meeting to order at 6:35 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Police Chief Green, Planning Manager Zimmerman, and City Clerk Schyma 1C. Proclamation Recognizing the Rotary Club of Golden Valley for 50 Years of Service Mayor Harris discussed and presented the proclamation recognizing the Rotary Club of Golden Valley for 50 years of service to President Mary Timmons. Motion by Rosenquist, Second by M. Harris to approve the proclamation recognizing the Rotary Club of Golden Valley for 50 years of service. Motion carried 5-0. 2. Additions and Corrections to Agenda Motion by Sanberg, Second by La Mere-Anderson to approve the agenda as submitted. Motion carried 5-0. DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 Mayor Harris stated that Items #3E.6. through #3E.8. were discussed at a Special City Council Meeting with Closed Executive Session prior to tonight’s regular meeting. 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3E.9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley; and #3F.2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope. Motion carried 5-0. 3A. Approval of City Council Minutes: 3A.1. Council Work Session Minutes of January 24, 2023 3A.2. Regular Council Meeting Minutes of February 21, 2023 3B. Approval of City Check Registers 3C. Licenses: 3C.1. Gambling License Exemption and Waiver of Notice Requirement - Interfaith Outreach and Community Partners 3D. Boards, Commissions, and Task Forces: 3D.1. Accept Resignation from the Planning Commission 3E. Bids, Quotes, and Contracts: 3E.1. Approve Contract for Sanitary Sewer Lining Repairs with Visu-Sewer, Inc. 3E.2. Approve Contract for Scheid Park Storm Sewer Replacement with Dave Perkins Contracting, Inc. 3E.3. Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Flood Storage Project #20-27 with Rachel Contracting LLC 3E.4. Authorize Contract for Professional Services for Vegetative Maintenance with Restoration Environmental Services LLC 3E.5. Approve Equipment Lease Agreement for Electric Golf Cart GPS Equipment and Service 3E.6. Approve 2023-2024 Labor Agreement Between Sergeants Union (LELS Local #304) and the City of Golden Valley 3E.7. Approve 2023-2024 Labor Agreement between Administrative Support Staff Union (LELS Local #524) and the City of Golden Valley 3E.8. Approve Memorandum of Understanding between Patrol, Sergeants and Assistant Chiefs Unions (LELS Local #27, #304, #485) and the City of Golden Valley 3E.9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley 3F. Grants and Donations: 3F.1. Approve Resolution No. 23-013 Accepting Donation from the National League of Cities for Staff to Attend Training 3F.2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 3. Items Removed From the Consent Agenda: 3E9. Approve Law Enforcement Services Agreement between Hennepin County Sherriff's Office and the City of Golden Valley City Attorney Cisneros discussed the legal aspects of the proposed services agreement. Police Chief Green discussed staffing levels, response time, and the partnership with the Hennepin County Sheriff’s Office. Motion by Rosenquist, Second by La Mere-Anderson to approve a Law Enforcement Services Agreement between the Hennepin County Sherriff's Office and the City of Golden Valley in the form approved by the City Attorney. Motion carried 5-0. 3F2. Approve Resolution No. 23-014 Accepting the Donation for a Park Bench to be Located at Lions Park Honoring Rob Pope Council Member Harris thanked the Friends and Fans of Rob Pope and Liz Elder for the donation. Motion by M. Harris, Second by Sanberg to approve Resolution No. 23-014 accepting the donation from the Friends and Fans of Rob Pope and Liz Elder for the addition of a park bench at Lions Park honoring Rob Pope. Motion carried 5-0 with unanimous approval. (In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing 4A. Approve Ordinance No. 759 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan Planning Manager Zimmerman discussed the staff report, history of zoning in the area, and the 2040 Comprehensive Plans. Mayor Harris opened the public hearing. Laura Kueny, 7303 Ridgeway Road, stated her opposition to the proposed change and discussed traffic and safety concerns especially for children. Mark Friederichs, 7501 Western Avenue, disputed the results of the traffic study and stated he collected signatures from residents in the area that are opposed to the proposed change. Ruth Paradise, 8515 Duluth Street, spoke in favor of the proposed change, the 2040 Comprehensive Plan, and creating more housing opportunities in the City. DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 Curtis McDougall, 7420 Ridgeway Road, spoke in opposition to the proposed change mainly due to traffic concerns and the residential features of the neighborhood. Brian Li, 406 Rhode Island Avenue, stated the proposed change is detrimental to the neighborhood and that he is opposed. Jason Stevens, 404 Rhode Island Avenue, stated his opposition to the proposed R-3 zoning of the area due to the removal of trees, unhealthy levels of congestion, traffic concerns, reduced property values, and the negative impact their property values. Aaron Matuseski, 407 Rhode Island Avenue, stated his opposition to the proposed change since it would be detrimental the character of the neighborhood. Andy Johnson, 7645 Harold Avenue, stated his opposition to the proposed change due to the potential unintended consequences that could arise like blocking sunlight for current residents in the neighborhood and that the Comprehensive Plan can be changed by the Council. Scott Nelson, 65 Quebec Avenue, stated his opposition to the proposed change and that he doesn’t see the need or reasoning for this particular proposal. Deb Bushway, 7310 Ridgeway Road, stated she is opposed to the proposed R-3 zoning but would be open to R-2 zoning in the area to be able to add more housing in Golden Valley. Les Heller, 7525 Harold Avenue, stated his opposition and does not see the value in the proposed change, and feels like people are being pushed out of the community. Deborah Stone, 7621 Harold Avenue, stated her opposition and spoke about the emotional part of proposed changes like this that irrevocably change neighborhoods. Tina Prokosch, 7601 Harold Avenue, stated her opposition to the proposed change due to traffic, parking lots, and tree removal. Marie Mathay, 7801 Western Avenue, stated she is passionate about where she lives and does not support the proposed change. Mary Munsterteiger, realtor for the couple that bought 7710 Harold Avenue approximately one year ago, she stated that the proposed change will devaluate their property and the area. Adam Moench, 7710 Harold Avenue, stated his opposition to the proposed change and would hate to leave Golden Valley because of a major change to the character of the neighborhood. Josh Awend, 7210 Harold Avenue, stated his opposition to the proposed R-3 zoning change in this particular area. DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 Jenikka Tomasheck, 7182 Harold Avenue, disputed the speed results from the traffic study and stated her opposition to the proposed change. Bridget Bender, 7631 Harold Avenue, stated her concerns about adding density and putting more demand on an already strained public safety system and doesn’t think housing should be the City’s number one priority. Mayor Harris closed the public hearing. Planning Manager Zimmerman responded to questions, concerns, and statements made during the public hearing regarding tree cover, the traffic study including speed and traffic, density, retail in R-3 zoning, comparisons to other developments in the City, and the purpose of the Comprehensive Plan. Council Member Rosenquist asked if all properties listed on the proposed ordinance need to be rezoned R-3 or if the Council could amend the ordinance and choose to only rezone some of the properties that have been proposed. Planning Manager Zimmerman responded that he had a conversation with the Met Council about this question and if the City Council believes there is not a good reason to rezone the entire area at this time, the ordinance could be amended to set aside certain properties. If the City Council chooses to amend the ordinance, they should also make a finding that the decision on certain properties is premature for a rezoning to Medium Density Residential (R-3) at this time. Mayor Harris thanked members of the community for their comments and civility on such a personal issue to many residents. Council Member Sanberg stated that neighborhood impact is important but so is the overall housing situation in Golden Valley. She added that a voice we don’t hear from in this conversation is that of renters or people who want to live in Golden Valley but don’t have any opportunities to do so. Council Member La Mere-Anderson stated she understood the concerns of the neighborhood but reassured residents that there are no current development plans despite the rumors circulating. The only decision at this time is whether or not to rezone the area. Council Member Rosenquist stated that traffic, pedestrian, and bike safety is one of the Council’s top five goals in 2023 so it is something that Council and staff are working on to create improvements. She added that she particularly appreciated the comments from the residents of Rhode Island Avenue because a lot of the same comments and concerns stated at tonight’s public hearing were also made when the homes on Rhode Island Avenue were proposed but the neighborhood adapted over time. She further stated that the rezoning question for this particular area has been booted about for over 10 years so maybe that is reason to only rezone a portion of the properties that are proposed. DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 Council Member Rosenquist stated she would like to amend the ordinance so that only the six properties on the western half of the proposed area would be rezoned to R-3. Council Member La Mere-Anderson stated she is not in support of any changes to the zoning of this area. Council Member Sanberg stated she is in favor of the rezoning the six properties on the western half of the proposed area. She added that it is a more phased-in approach and takes into account the concerns of the neighborhood. Council Member Harris agreed with rezoning the six properties on the western half of the proposed area. He added that this compromise allows the City to add housing that is needed. Golden Valley is an evolving, changing community that has housing needs and this amended ordinance finds that balance. Mayor Harris agreed with Council Members Rosenquist, Sanberg, and Harris and stated that he supports rezoning the six properties on the western half of the proposed area. Motion by Rosenquist, Second by Sanberg to approve Ordinance No. 759 Amending the City Code Chapter 113 - Rezoning Properties at Harold Ave, Winnetka Ave N, and Highway 55 to Achieve Conformance with the 2040 Comprehensive Plan with the following amendments to the ordinance:  Section 1 should only include the properties at 7831 Olson Memorial Highway, 440 Winnetka Ave N, 424 Winnetka Ave N, 400 Winnetka Ave N, 7840 Harold Ave, and 7830 Harold Ave; and  Include the following findings for partial rezoning: “In order to facilitate planned, orderly, and staged redevelopment along the western portion of Harold Avenue, the properties at 411 Rhode Island Avenue North and 7710, 7724, and 7732 Harold Avenue are determined to be premature for a rezoning to Medium Density Residential (R-3) at this time. Further residential and commercial redevelopment within the downtown and the introduction of Bus Rapid Transit along Highway 55 may be sufficient conditions to consider the rezoning of these remaining four properties. In order to facilitat e planned, orderly, and staged redevelopment along the western portion of Harold Avenue, the properties at 411 Rhode Island Avenue North and 7710, 7724, and 7732 Harold Avenue are determined to be premature for a rezoning to Medium Density Residential (R -3) at this time.” Motion carried 4-1. (In Favor: M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: La Mere- Anderson) 5. Old Business 6. New Business 6A. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7 6B. Mayor and Council Communications 1. Other Committee/Meeting updates Council Member Sanberg announced that her family is moving abroad sometime this summer. She is unaware of the exact date since there are many factors involved but will provide more information and a schedule for her official resignation when she has those details in the near future. 7. Adjournment The meeting was adjourned by unanimous consent at 9:43 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk DocuSign Envelope ID: 47D7EC5A-6335-411C-BF0A-315A6841F4C7