05-06-08
Regular Meeting
of the
City Council
May 6, 2008
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 May 6, 2008 at 6:30 p.m.
The following members were present: Freiberg, Pentel, Scanlon and Shaffer; and the
following was absent: Loomis. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of May 6, 2008 as submitted.
Approval of Consent Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
items on the consent agenda as submitted.
Mayor Pro Tem read the items listed on the consent agenda.
*Approval of Minutes - City Council Meeting - April 1, 2008
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
City Council meeting minutes for April 1 ,2008 as submitted.
*Bills and Claims
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Fireworks Permit - Americana Fireworks Display Company for Golden Vallev Days
Art and Music Festival
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
fireworks display permit for Americana Fireworks Display Company for Golden Valley Days
Art & Music Festival on Friday, May 16, 2008 or on the rain date of Saturday, May 17,
2008.
Regular Meeting of the City Council
May 6, 2008
Page 2
*Temporarv Nonintoxicating Malt liQuor On-Sale Special Event Permit - Chester Bird
American Legion for Golden Valley Days Art and Music Festival
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve a
temporary nonintoxicating malt liquor license for the Chester Bird American Legion on
behalf of the Golden Valley Days Art and Music Festival on Saturday, May 19, 2007 from 2
to 8:30 pm at the City campus.
*Gambling License Exemption and Waiver of Notice ReQuirement - Children's
HeartLink
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Children's HeartLink.
*Solicitor's License - Fund for Public Interest Research
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Fund for Public Interest Research.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - March 10, 2008
Board of Zoning Appeals - February 26, 2008
Environmental Commission - March 24, 2008
Open Space and Recreation Commission - February 25, 2008
Envision Connection Board of Directors - March 20, 2008
Bassett Creek Water Management Commission - March 20, 2008
*Letter from Golden Valley Historical Society Regarding Matching Funds
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the letter from the Golden Valley Historical Society regarding matching funds.
*Proclamation for Gay. Lesbian. Bisexual. Transgender Pride Day and Month - June
2008
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to proclaim
June 27-29 as Gay, Lesbian, Bisexual, Transgender Pride Days and June as Gay,
Lesbian, Bisexual, Transgender Month.
Regular Meeting of the City Council
May 6, 2008
Page 3
*Proclamation for Arbor Dav and Month - Mav 2008
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to proclaim May
15,2008 as Arbor Day and Mayas Arbor Month.
*Approval of Requests for Beer and/or Wine at Brookview Park
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
Public Hearina - Preliminary Desian Plan Approval - PUD #105 - Xenia Ridae - 700
and 800 Xenia Avenue South
David Menke, Vice President of Development for Opus, Damon Farber, architect, Mark
Anderson, MFRA, Craig Vaughan, SRF and Mike Kotila, SEH, presented the plan and
answered questions from the Council.
Mark Grimes, Director of Planning and Development, presented the staff report, presented
the Planning Commission report and answered questions from the Council. Thomas Burt
and Jeannine Clancy and Allen Barnard 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.
Dr. Arnold Leonard, 5212 Colonial Drive, stated that it is very hard to get out of the
neighborhood, there is going to be a lot of development in the area and he feels that
Highway 100 going East on 394 should be opened up to allow for the neighborhood to get
on to the Highway; stated he called MnDOT and asked that it be looked at; stated he
doesn't think it is going to cost too much and does not feel there will be a safety factor to
open it up; feels it will solve a big traffic problem as it is hard to get out of the area now and
will get worse as more development occurs; and feels the Council should take the opening
of Highway 100 into consideration.
Sonia Fortier, 408 Turnpike Road, expressed her concern for traffic in the area; stated the
traffic studies were directed at Golden Hills and Laurel and do not address the Spring
Green residents; stated there are only two ways to get out of the neighborhood; feels the
extra trips generated during rush hour on Laurel and Xenia will create a problem getting in
and out of the area; asked the Council to take that into consideration; feels the Council
should make sure the new development complies with the lighting requirements of the City
Code, stated that now she looks at the parking lights at the Allianz building, wants the
balcony, parking area and parking garage to be screened from the neighborhood.
The Mayor Pro Tern closed the public hearing.
Regular Meeting of the City Council
May 6,2008
Page 3
Public Hearina - Preliminary Desian Plan Approval - PUD #105 - Xenia Ridae - 700
and 800 Xenia Avenue South - Continued
MOVED by Pentel, seconded by Freiberg and motion carried unanimously that the City
Council make the following findings:
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
2. Preservation. The PUD plan preserves and protects substantial desirable portions of
the site's characteristics, open space and sensitive environmental features including
steep slopes, trees, scenic views, creeks, wetlands and open waters.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and
is consistent with the Comprehensive Plan and redevelopment plans and goals.
5. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and
all other PUD ordinance provisions.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
preliminary design plan, Xenia Ridge, PUD NO.1 05, subject to the following conditions:
1. The Xenia Ridge plan packet consisting of 24 sheets and prepared by Opus Northwest,
L.L.C. shall become a part of this approval. These plans sheets are listed on Sheet
Number CS and include the preliminary plat, site plan, grading plan, landscape plan
and floor plans.
2. Lighting plans must meet the requirements of the City's lighting code. Prior to approval
of building permits for the site, the proposed Photometric Site Plan will be further
reviewed to insure compliance with the plan. Before final plan approval the detail of the
balcony lights be provided to the Council.
3. The final landscape plan will be reviewed and approved by the Building Board of
Review.
4. The findings and recommendations in the memo from City Engineer Jeff Oliver, PE, to
Mark Grimes, Director of Planning and dated April 7, 2008 shall become a part of this
recommendation. This includes Opus signing an agreement with the City of Golden
Valley that would agree to payment of special assessments for street and other public
improvements. Opus would also waive their right to appeal special assessments as part
of this agreement.
5. The findings and recommendations in the memo from Ed Anderson, Deputy Fire
Marshal to Mark Grimes, Director of Planning and Development and dated April 7,
2008 shall become a part of this recommendation.
6. A snow storage plan is submitted before approval of the final plan.
Regular Meeting of the City Council
May 6, 2008
Page 5
Public Hearina - Ordinance #397 - Amendina Section 11.03 - Addina Definitions,
Amendina Section 11.12 - Principal Structure on One Lot, Adoption of Section 11.47 -
1-394 Corridor Mixed Use Zonina District and Adoption of Section 11.48 - Site Plan
Review
Mayor Pro Tem Shaffer stated the Mayor had contacted him and requested the item be
continued to the May 20 meeting. Allen Barnard answered questions from the Council.
The Mayor Pro Tem 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 Pro Tem closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continue
consideration of Ordinance #397, Amending Section 11.03 - Adding Definitions, Amending
Section 11.12 - Principal Structure on One Lot, Adoption of Section 11.47 - 1-394 Corridor
Mixed Use Zoning District and Adoption of Section 11.48- Site Plan Review until the May
20, 2008 City Council Meeting.
Authorizina Issuance and Sale of: $6,680,000 General Obliaation Street Bonds,
Series 2008A and $750,000 General Obliaation Eauipment Certificates of
Indebtedness, Series 2008B
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-21
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,680,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Pentel,
Scanlon and Shaffer; and the following was absent: Loomis; 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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-22
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $750,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2008B
Regular Meeting of the City Council
May 6,2008
Page 5
Authorizina Issuance and Sale of: $6,680,000 General Obliaation Street Bonds,
Series 2008A and $750,000 General Obliaation Eauipment Certificates of
Indebtedness, Series 2008B - Continued
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Pentel,
Scanlon and Shaffer; and the following was absent: Loomis; 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 Meetinas
The Bike Rodeo will be held on May 7, 2008 at the Crystal Community Center from 6-8 pm
The Council will hold board/commission interviews on May 13, 2008 beginning at 5:30 pm.
The next Council/Manager meeting will be held on May 13, 2008 at 6:30 pm.
A Bassett Creek Water Management Commission meeting will be held on May 15, 2008 at
11 :30 am.
The Golden Valley Days Art and Music Festival will be held on May 16 and 17, 2008.
The next City Council meeting will be held on May 20, 2008 at 6:30 pm.
A Council Social will be held on May 28, 2008 from 6:00 pm to 8 pm at the Golden Valley
VFW.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 8: 1 0 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant