agenda packet (entire)
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
May 20,2008
6:30 p.m.
The Council may consider item numbers 1, 2, 3, 4, 6 and 7
prior to the public hearings scheduled at 7:00 p.m.
1. CALL TO ORDER
A. Roll Call
PAGES
2. ADDITIONS AND CORRECTIONS TO AGENDA
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 or citizen 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.
A. Approval of Minutes - City Council Meeting - April 15, 2008 and Council/Manager
Meeting - May 13, 2008
B. Approval of Check Register
C. Licenses:
1. General Business Licenses
2. Rental Property Licenses
3. Peddler's License - Homesure Inc.
4. Gambling License Exemption and Waiver of Notice Requirement - Son of the
American Legion Post 523
D. Minutes of Boards and Commissions:
1. Planning Commission - April 14, 2008
2. Human Services Foundation - February 11, 2008
3. Human Rights Commission - February 14, 2008
4. Envision Connection Project Board of Directors - April 17 , 2008
E. Emails, Letters and/or Petitions:
1. Email from Theresa Jorgenson Regarding Resignation from Human Rights
Commission
2. Letters from Sten and Alice Pearson and Maria Wetheral and Leo
Aufdermauer Regarding a Ban on Pit Bull Dogs
F. Bids and Quotes:
1. Playground Equipment - North Tyrol Park
G. Approval of Requests for Beer and/or Wine at Brookview Park
H. Receipt of April 2008 General Fund Budget Report
I. Authorization to Sign Agreement for Leasing of Self-Contained Breathing Apparatus
(SCBA) 08-23
J. Authorization to Sign Amended PUD Permit - Perpich Center for Arts Education -
PUD No. 34 - Amendment NO.2 - 228 and 308 Meander Road
K. Reconsideration of Council Action - Variance Request - 400 Dakota Avenue South
L. Board/Commission Appointments and Reappointments
4. PUBLIC HEARINGS 7:00 PM
A. Public Hearing - Approval of General Land Use Plan Map Amendment - 228 and 308
Meander Road - Change Designation from Schools and Religious Facilities to Low
Density Residential 08-24
B. Public Hearing - Ordinance #398 - Rezoning from Institutional (1-1) Zoning District to
Single Family Residential (R-1) Zoning District - 228 and 308 Meander Road -Bobbi
Bardeaux, Applicant
C. Continued Public Hearing - 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
5. OLD BUSINESS
6. NEW BUSINESS
A. Liquor License Renewal Hearing - Webb Golden Valley, LLC d/b/a Good Day Cafe
B. Announcements of Meetings
C. Mayor and Council Communications
7. ADJOURNMENT
alley
Memorandum
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
Memorandum
Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathryn Pepin, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#3329
Aspen Waste Systems
2951 Weeks Avenue S.E.
8 Refuse Vehicles
$400.00
#3330
Allied Waste Services
9813 Flying Cloud Dr
17 Refuse Vehicles
$850.00
#3332
Waste Management, Inc.
10050 Naples St. N.E.
12 Refuse Vehicles
$600.00
#3334
Sanimax ATQ, Inc.
505 Hardman Avenue
11 Refuse Vehicles
$550.00
#3335
Randy's Sanitation
4351 Hwy 12 S.E.
24 Refuse Vehicles
$1200.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Memorandum
Fire Department
763-593-8055 I 763-512-2497 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. C. 2. Rental Property Licenses
Prepared By
Becky Perkins, Office Clerk
Summary
Provisional Rental Licenses were issued to the following pending repairs. The work has been
done and we are requesting the licenses be changed from provisional to approved.
#3042
Trentwood Apartments Rental Property
9210 Golden Valley Road
Repair double doors on detached garage by April 30, 2008
Work has been done - Doors are repaired
Change license from Provis.ional to Approved
$340.00
#3044
Trentwood Apartments Rental Property
9240 Golden Valley Road
Repair double doors on detached garage by April 30, 2008
Work has been done - Doors are repaired
Change License from Provisional to Approved
$340.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Hey
M morandum
City Administration/Council
763~593~8002 , 763~593~81 09 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. C. 3. Peddler's License - Homesure Inc.
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-doorwithin the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Homesure Inc.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City
Council Meeting. Council Meetings are normally held the first and third Tuesday of each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
~..~
TO: Golden Valley City Council Fee Paid: $ ~ u
7800 Golden Valley Road Number. of Persons: /
Golden Valley, MN 55427 Type of License Requeste : ,tl (-d~
Enclose the sum of $ 5!JtrO for L (number) peddlers/solicitors as required by City Code
of the City of Golden Valley and have complied with all the requirements of said Code necessary
for obtaining this license.
~fSfA,<< L(..
(Business or Individual Name to be Licensed)
1107 $. ~h()flf 011_ .II- 260 f!'t~t)~ t#v ss----~f'/
(Address, including City, State and Zip Code)
65;2) S~-7670
(Telephone Number, including Area Code)
NOW, THEREFORE, '- \Q~ C.~.J'A hereby makes application for the
/ (Applicant Name)
period of 5'"" / /O~h through 6/30/ , subject to the conditions and provisions of said City Code.
r '
'f ~.I S;)-;)C,-pfi<)(")
(Photo 10 Verification)
tUN D L
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
Name
Address
I~/~<"
~~J!/lS S! t1/c fiIP';e t:.,~
(Include City, State and Zip Code)
#tP ~$?;;
Telephone Number (including area code)
Date of Birth (if an individual) 1--2 z. 71
Business Name of Applicant ~I(t(/ t1' '5ItAt5 t:v c.. .
5 )krp iJt, ~ ZG'tf R~,..~ ~ $JY~
(Include City, State and Zip Co e)
c't!ltl r~fp~
(Corporation, Proprietorship, Partnership, etc.; State of Incorporation)
'7 ~ '3 -- f/'7J -I ~~ /
Address
/'7t1~
Define Business
Description of goods or services for sale (include prices) or indica if soliciting donations. If more
space is needed, attach additional sheets (be specific): IT'" S;' .
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
Name of Organization
Ik~su~ ];vc
1'1~7 s-:- .<;lul"~ D~. B~1i #(u $5Y~ r
(Include City, State and Zip Code)
Address of Organization
Telephone Number (Including Area Code)
~- ~'f"~ 3,(~. '7d!IJ
Define Business e~f .
(Corporatio , Proprietorship, Partnership, etc.; State of Incorporation)
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons enga ed in peddlin or soliciting in the City:
~ ~~ r~ ~
IIN~tXAJ &/I,;~ ':?Vt-S- wJ.w~lrik- Oil-. ~U-.~ HtJ ~$'V22
A//W~41 ~~ '57d'? 2--k1~ Avr; ~ CI'L'f,41w! #tv. 5-:; Y2 Z-
k~ /ClaHt'" 7J5 s14- 14 Av~ vi itd~~ y/tv' ~5~7j
!(Lx {!,1t,~-7 5'.7?., ,71",;1 ,4*,~ ):frt,lfl,v*,~Id; #W $t"Y/i.
~(;1b1 $,;rtfvv s'31S- il,J~ Av~ S ,J/!.NIVC"--vvtf )ttu '5r'//?
df'k-; A/~ l(n6 /7;lt~~f ~/<tt;V C/ iZ~.I...Jt, /l4v sr-:S>77
~k 11v~ 117(12.. ~t,- g1f- &/N"V,t~ J4Iv 5~..?? '1
b~((, ~jl~ 31./'1 VAle. (!"'--~ Sw 61tr,; lAk JItIA S-$~7Z
(If more space is needed, attach additional sheets)
STATE OF (Y\ J IV tJffdJ1Pr-)
) ss.
COUNTY OF lJtrvNzP1N)
I, J. ON ("" k
(0 IcerllndlVldual)
of
-Itt:#~LP Z;c.
( ame of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her own
knowledge except as to matters therein stated on information and be' ~and-es to uch matters,
he/she believes them to be true.
C"
ure of Applicant/Principal Officer)
Subscribed and sworn to before me this
I ~. day of fhtt:r ' 20 of
rJ;;i 1t~
U"'J(S~/
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
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Memorand m
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. C. 4. Gambling License Exemption and Waiver of Notice Requirement - Sons of the
American Legion Post 523
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Sons of the American Legion Post 523 requesting waiver of 30 day waiting period
(1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Sons of the American Legion Post 523.
Minnesota Lawful Gambling
Page 1 of 2 5/08
LG220 Application for Exempt Permit For Board Use Only
An exempt permit may be issued to a nonprofit organization that: Fee is $50 for Check#
. conducts lawful gambling on five or fewer days, and
. awards less than $50,000 in prizes during a calendar year. each event $
ORGANIZATION INFORMATION
Organization name Previous gambling permit number
Sons of the American Legion post 523
Type of nonprofit organization. Check (V) one.
D Fraternal D Religious f!! Veterans D Other nonprofit organization
Mailing address I I City statelZip Code I County
200 N. Lilac drive Golden Valley MN. 55426 Henn.
Name of chief executive officer (CEO) Daytime phone number
David Evan Jenkins 612-618-3330
ATTACH A COpy OF Qt:lI;, OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
Ixx Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
_ Internal Revenue Service -IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federallD number and
the date your organization initially applied for tax exempt status to:
IRS, P.O. Box 2508, Room 4010, Cincinnati, OH 45201
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of bQttl of the following:
a. IRS letter showing your parent organization is a registered nonprofit 501 (c) organization with a group ruling
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
_Internal Revenue Service - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Intemal Revenue Service, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
Golden Valley American Legion
Address (do not use PO box) I City I Zip Code I County
200 N. Lilac drive Golden Valley MN. 55426 Henn.
Date(s) of activity (for raffles, indicate the date of the drawing) JL. '" Q J V'" t-G<::tcsQ
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
D *Bingo g Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards
* Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must
be obtained from a distributor licensed by the Gambling Control Board.
EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and dick on Ust of licensed
Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
Page 2 of2
5/08
If the gambling premises is within city limits,
the city must sign this application.
Check (-J) the action that the city Is taking on
V this application.
:::lThe application is acknowleclgecl with no waiting period.
_The application is acknOwledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied.
Print city name Gdld-en Vctlk;
On behalf of the city, I acknowledge this application.
S of gty pe nnel iving appfication
Date~1 r; lei
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, both
the county and township must sign this appiication.
Check (-J) the action that the county is taking on
this application.
_The application is acknowleclged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date----1----1____..
TOWNSHIP: On behBlfofthe township, I acknowledge that the
organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an appJication {Minnesota Statute 349.213, subd. 2)]
Print township name
Signature of township official acknowledging application
Title Date I I
The information provided in this tJpplication is complete and accurate to the best of my knowledge. I acknowledge that
the financial report wi// be completed a'1r_~med to the Board within 30 days of the date of ourgambJing activity.
Chiefexecutiveofficer'ssignature ~ Oate 0- I $" I of
Complete an application for each gambing activity: Financial report and record keeping
. one day of gambling activity required
. two or more consecutive days of gambling activity A financial report form and instructions will be
. each day a raffle drawing is held sent with your permit Within 30 days of the
Send application with: activity date, complete a~ retum the financial
. a copy of your proof of nonprofit status, and report form to the Gambling Control Board.
. $50 application fee for each event. Questions?
Make check payable to "State of Minnesota." Call the licensing Section of the Gambling
Control Board at 651-639-4076.
To: Gambling Control Soard
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Data privacy. This form wiD be made avaDabIe
in aJtemalive fonnat (i.e. large print, Braille) upon
request The information requested on this
fonn (and any attachments) will be used by !he
Gambling ConlroI Board (Boam) to determine
your qualificalions to be involved in lawful
gambling aclivilies in Minnesota. You have !he
right to refUse to supply !he infonnation
requested; howellel', if you refuse to supply
this information, !he Board may not be able to
determine your qualitications and, as a
consequence, may refUse to Issue you a
permit If you supply !he information requested,
1he Board wiD be able to process your
application. Your name and and your
0Ig8llizati0n's name and address will be pub/ic
information when received by !he Board. AD
!he other information you provide win be prlvate
data until the Board issueS your permit When
the Boald issues your permit, aU of !he
information provided to the Board wBI beoome
pubrlC. If the Board does not issue a permit. aU
information provided remains prlvate, with the
exception of your name and your organizalion's
name and address which will remain public.
Private data me available to: Board member5,
Board staff whose work requires access to
!he infonnation; Minnesota's Department of
Public Safety; AIlomey General; Commissioners
of Adminislralion, Fmance, and RlMlnue;
LegislatNeAuditor. national and intemalional
gambling regulatory agencies; anyone pursuant
to oourt order; other individuals and agencies
that am spedticaIIy authorized by state or
federal law to have access to !he information;
individuals and agencies for which law or legal
on:ler authorizes a new use or sharing of
information after this Notice was gillen; and
anyone with your consent.
April 5th 2008
Dear Judy Nally
The Golden Valley The Son's of The American
Legion plan to have a Raffle. The drawing will be
held June 21 st 2008. We respectfully request that the
City Council waive the customary 30...day waiting
period for exemption for lawful gambling required
for this type of event.
Sincerely
David Jenkins
Son's of The American Legion
k-p,
Regular Meeting of the
Golden Valley Planning Commission
April 14, 2008
A regular meeting of the Planning Commission was held at the Golden Valley
City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley,
Minnesota, on Monday, April 14, 2008. Chair Keysser called the meeting to order
at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka,
McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and
Development Mark Grimes, City Planner Joe Hogeboom and Administrative
Assistant Lisa Wittman.
1. Approval of Minutes
March 10, 2008 Regular Planning Commission Meeting
Eck referred to page two and noted that the second sentence should read "Schmidgall
stated that it means the color goes all the way 'through' a material",
Eck referred to the fifth paragraph on page five and noted that the word "purpose"
should be "propose".
MOVED by Schmidgall, seconded by Kluchka and motion carried unanimously to
approve the March 10,2008 minutes with the above noted corrections.
2. Informal Public Hearing - Preliminary Plan Review - Planned Unit
Development - Xenia Ridge - PUD 105
Applicant: Opus Northwest, LLC
Address: 700 and 800 Xenia Avenue South
Purpose: To allow for the construction of approximately 279,000 square
feet of office space and approximately 11,300 square feet of
retail space
Grimes stated that Opus is requesting a Planned Unit Development (PUD) to allow
for the construction of a mixed use development on the northwest corner of Golden
Hills Drive and Xenia Avenue South. He noted that the development will consist of
approximately 279,000 square feet of office space, 11,300 square feet of
retail/restaurant space and a fairly large parking ramp which will include 60 spaces
for bicycle parking.
Grimes referred to a location map and stated that that this property is the former
Olympic printing site and it is the last large site in the Golden Hills Redevelopment
district.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 2
Grimes stated that the property is designated Mixed Use on the General Land Use
Plan map and it is zoned Industrial but it will be rezoned to Mixed Use in the future.
He added that he believes this proposal will be consistent with the proposed new
Mixed Use Zoning District.
Grimes referred to City Engineer Jeff Oliver's memo and noted that the proposed
TrafficManagement Plan will be also be reviewed by the City of St. Louis Park. He
added that Mr. Oliver would also like to see the installation of a mechanism to
count cars entering and leaving the ramp. He said that overall the proposed plans
seem to work well but it depends on a number of improvements being made on
Golden Hills Drive and Xenia Avenue in order to provide enough capacity in the
future. He explained that the applicant will be assessed for the street
improvements and they are also requesting tax increment financing to help with the
improvements.
Keysser asked Grimes to address the parking variance being requested. Grimes
explained that the applicant originally had planned to meet the parking
requirements but when the traffic plan was done they feel that the 90 less parking
spaces they've proposed will be adequate based on national parking studies. He
stated that generally, Golden Valley likes to see fewer parking spaces if possible
and he feels confident that the proposed amount of parking will work.
Kluchka asked Grimes if the proposed new Mixed Use Zoning District should be
approved by the City Council before this PUD is approved. Grimes said no
because this mixed use proposal is being handled through the PUD.
Keysser asked if there is anything in this PUD proposal that would not fit in with the
proposed new Mixed Use Zoning District. Grimes said he didn't think so.
Waldhauser noted that the building materials would not conform to the proposed
new Mixed Use Zoning District requirements. Grimes explained that the proposal
has to be reviewed using the ordinances that are in effect now because it is difficult
to start reviewing plans under one set of rules and finish reviewing them under a
different set of rules.
David Menke, Vice President of Development for Opus, stated that they have been
working on this proposal for approximately six months and they've incorporated the
input they've received from the neighborhood and city staff into their proposal. He
referred to a site plan and explained that the 5.8 acre site includes office space,
retail space and office condo space. He stated that the corner of Golden Hills Drive
and Xenia Avenue will be viewed as the "front door" of the building and they are
maximizing the green space on the site by having 1,092 parking spaces versus the
1,180 spaces required by the zoning code. He added that they are proposing to
construct a LEED certified building and one of the qualifications is to have fewer
parking spaces than required. He explained that the City's parking requirements
calculate the number of parking spaces based on gross square footage, but that
they are calculating the number of parking spaces based on rentable square
footage.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 3
Menke referred to drawings of the proposed site and buildings and discussed the
layout of the buildings, the sidewalk connectivity and access to the site. He stated
that the buildings will be constructed of architectural, pre-cast panels and glass
curtains with a prominent top on the building to call attention to the front door. He
noted that there will be balconies on the southeast and southwest corners of the
office building and a patio on the north side.
Waldhauser asked if they are proposing a covered entry way on the front side of
the building. Menke said yes and referred to the drawings and pointed out the
entrance and covered area. He discussed the parking for the retail space and
noted that the retail building will help screen a large portion of the parking ramp.
Keysser asked if the office condos were above the retail space or if they were
going to be located in the main office building. Menke said the office condos will be
located above the retail space. He discussed the LEED certification process and
said that they are seeking the gold level of LEED certification (second highest
level) which is tough to do with a multi-tenant building. He discussed solar
orientation, storm water management, water use conservation, under-floor air
ductwork, bicycle parking, locker rooms and state-of-the-art conference rooms. He
referred to the traffic management plan and discussed trails, biking and walking in
the area.
Damon Farber, landscape architect for the project, referred to a drawing of the site
and discussed the vision. He noted that the pond and green space on the corner
will form a gateway and be a visual focus. He said that one very important element
in the design of the site was to make the buildings part of the neighborhood and
respecting the issues in the City. He discussed the series of sidewalks and trails
and noted that the west side of the parking ramp will be a "green wall", He
discussed the plaza area intended to invite the neighborhood in and create a true
sense of place.
Keysser referred to the top on the building and asked if that element will screen the
mechanicals on the roof. Menke said it will provide some screening.
Keysser referred to the building materials on the north wall and asked why it isn't
going to be curtain glass like the other sides. Menke said that is a quieter side of
the building so they wanted to make it less reflective and they wanted to call more
attention to the front.
Cera asked about the timeline of the project. Menke said they would like to begin
construction as soon as possible. He added that it is a challenging market and they
are working on pre-leasing the tenant space.
Keysser asked what type of retail use they envision in this space. Menke said it will
be service based retail. He said they received strong feedback from the
neighborhood that they would like to see some food based businesses.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 4
Keysser asked about the potential size of the individual office condos. Menke said
they could be any size from as small as 1,500 square feet.
Kluchka asked how the West End development in St. Louis Park is impacting this
project. Menke said they are very confident about their retail space but that they
would like to be first to construct their office space.
Keysser asked if any thought had been given to building a small hotel on the site.
Menke stated that their early discussions included a hotel but they believe the
highest and best use for this site is retail and office.
Waldhauser asked Menke if they had considered wrapping the retail space around
the south end of the building. Menke said they had considered that option but it
would take out some of the parking spaces and they felt the area being proposed
for retail was the prime location.
McCarty asked if the office condo users will be able to use the facilities in the other
office building. Menke said yes.
Kluchka referred to the proposed patio on the north side of the building and asked
if that could be made into a more prominent entry. Menke said they wanted to have
the strong entrance element in the front. He said they wanted something in the
back to be a gathering area but not necessarily an entrance. He added that there
are also security issues with having another entrance. Kluchka said he feels there
is no entrance approach to the neighborhood on the north and he would like that
area to feel more approachable. Menke said they could explore the idea of an
entrance on the north but the feedback they got from the neighborhood was that
they wanted a quieter feel on that side of the building. Grimes added that the
applicant received clear direction from the City Council that they wanted the
emphasis of the building to be at the Xenia Avenue/Golden Hills Drive corner.
Waldhauser said she thinks the north side of the building is very attractive and
even though the patio area is not an official entrance it works well and looks like
the back of an apartment building and not just like the back of an office building.
Keysser asked if the retail businesses would have evening and weekend hours
and not just the same hours as the office tenants. Menke said the retail businesses
will have evening and weekend hours and that they will be able to dictate their own
hours.
McCarty asked if this project has room for growth or expansion upwards. Menke
said no.
Keysser referred to the requirement in the proposed new Mixed Use zoning district
regarding 20% of the front fa<;ade being Kasota stone or another type of limestone
and asked how that requirement would have affected this project. Menke said he
thinks the plans would have been similar to what is being proposed. He added that
natural stone has maintenance issues and that some of the pre-cast materials are
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 5
indistinguishable from Kasota stone. Keysser said he thinks the proposed building
is very attractive even though it is not "stone".
Kluchka asked if there will be any screening on the east elevation of the parking
ramp. Menke said yes. There will be an ornamental type of screening with cables
and vines.
Keysser opened the public hearing.
Dr. Arnold Leonard, 5212 Colonial Drive, said he would like to address the traffic
congestion in the area. He said with the recently completed apartment building at
Turners Crossroad north of the fire station, Colonnade, Allianz and now Opus their
neighborhood is boxed in. He said he would like to see access from the Glenwood
Avenue intersection with TH 100 to 1-394. This would allow better access to
downtown Minneapolis. He said there could be signs posted and the speed limits
could be decreased but the City should take responsibility to change the access on
Highway 100 going east so people in the area are satisfied.
Keysser asked Grimes why MnDOT won't open access to 1-394. Grimes said that
MnDOT has stated that opening access to 1-394 is a safety issue. He stated that
staff can ask MnDOT again about the issue, but he is not sure how they will
respond.
Dan Steinberg, 1033 Sumter Avenue South, said he likes the idea of looking at
something other than plywood on this site but his concern is also the traffic. He
suggested asking the County to widen Xenia to four lanes. Grimes explained that
Xenia is a city street, not a county street and that the City recently reconstructed
Xenia in an effort to control the traffic. Steinberg said he realized the street was
just rebuilt but with the West End development in St. Louis Park everyone is going
to try to get to Xenia and 1-394. Grimes explained that Golden Valley and St. Louis
Park are working on a bicycle and pedestrian study in this area in order to make it
as safe as possible.
Seeing and hearing no one else wishing to comment, Keysser closed the public
hearing.
Kluchka asked Grimes to address the traffic issues. Grimes explained that this
proposal is obviously going to create more trips and that is why the City is requiring
a traffic management plan and improvements to the streets. He stated that traffic
studies have been done with the previous proposals on this site and that staff feels
with the improvements being proposed it will be adequate for the traffic in the area.
He stated that the Golden Hills/Xenia intersection is the biggest concern because
of the car, bus and pedestrian traffic and that during peak hours it will be
congested but future development has been factored into all the City's plans.
Cera referred to the proposed traffic management plan and questioned the
difference in the trip generation numbers in this plan compared to previous
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 6
proposals. Grimes stated that many of the trips are peak hour trips and even with
the additional trips there still is the capacity to handle all of the additional traffic.
Waldhauser asked if the goal of 7% for non-motorized and transit trips is a good
goal. Grimes stated that Allianz has the same goal in their traffic management
plan. Keysser said it is hard to have more pedestrian trips with a multi-tenant
building. Grimes noted that Opus is proposing several things that he thinks will
increase the number of pedestrian trips beyond their goal. Menke added that the
LEED threshold is 5%.
Kluchka said he is concerned about the amount of parking and he finds it
interesting that LEED requirements want less parking. Menke said the requirement
of 4 parking spaces per 1,000 rentable square feet of office space is a ratio that is
pretty tried and true.
Keysser asked if the office condos will have an association. Menke said yes.
Eck said this seems to be a very well planned and thought out project.
MOVED by Waldhauser, seconded by Eck and motion carried unanimously to
recommend approval of the Preliminary Plans for Xenia Ridge PUD 105 with 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 ensure compliance with the plan.
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 Zoning and dated April 7, 2008
shall become a part of this recommendation.
6. The preliminary PUD plan for Xenia Ridge is consistent with the intent and
purpose provision of the PUD chapter of the zoning code and other planning and
development principles adhered to by the City.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 7
3. Informal Public Hearing - Zoning Code Amendment - Adopting the
Mixed Use Zoning District for the 1-394 Corridor area
Applicant: City of Golden Valley
Purpose: To adopt the 1-394 Corridor Mixed Use Zoning District
Hogeboom reminded the Planning Commission that the General Land Use Plan
map was amended in December of 2007 to re-designate the properties in the 1-394
Corridor study area to Mixed Use. He referred to the proposed new Mixed Use
zoning district language and noted that he added a definition for sustainable
development as directed and incorporated the changes the Commissioners
suggested the last time they reviewed it.
Keysser asked how non-conforming properties will be treated. Hogeboom
explained that this public hearing is to adopt the zoning district language and that
the properties themselves will be rezoned to Mixed Use in the future. Grimes
explained that all non-conforming properties will be allowed to remain as is.
Kluchka said he likes the proposed new definition for sustainable development.
Cera said he didn't like the language about environmental degradation because it
leaves a loophole. Hogeboom said it is difficult to come up with an objective
definition for sustainable development. Cera said he would rather have no
definition than the new one being proposed. Schmidgall said he likes the definition
that was used in the comprehensive plan. McCarty said he thinks the people that
will use this ordinance will know what sustainable means. The Commissioners
agreed to use the definition used in the comprehensive plan as follows:
Development that meets the needs of the present without compromising the ability
of future generations to meet their own needs.
Waldhauser referred to Subdivision 7(C)(2) regarding minimum density and
suggested the language in the parentheses be struck. The Commissioners agreed.
Cera referred to Subdivision 7(D) regarding maximum floor area ratio and asked
what the 0.6 means. Grimes explained that properties with a floor area ratio over
0.6 means that they have to have a traffic management plan.
McCarty referred to Subdivision 8(E)(2) regarding building materials and stated he
doesn't think they need to require at least 20% of the fayade facing the primary
street be faced with Kasota stone or other indigenous dolomitic limestone because
he doesn't want to limit architectural freedom. Grimes noted that Subdivision 9
regarding alternative approaches to development standards allows for some
flexibility.
Schmidgall said he likes the stone requirement because it "sets the bar" a little
higher. McCarty said he doesn't want every building to look the same. Keysser
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 8
agreed with McCarty and said he does not want design limits or criteria. Kluchka
said they can't assume that every developer is going to build something nice. He
added that if the language regarding building materials is left in the ordinance then
they can be sure there is a certain level of quality. Keysser stated that requiring
20% of the front fac;ade to be stone does not guarantee quality, it just guarantees a
certain look. Waldhauser suggested the language say stone or an equivalent
quality product.
Grimes referred to Section 11.48, Subdivision (4)(A) regarding site plan application
and pointed out that there is a site plan review process for building plans which do
not involve a variance or conditional use. Keysser said he would like the Planning
Commission to have a design review function for whatever materials a developer
proposes. Waldhauser said she thought they were trying to avoid being a design
board. Keysser said he thinks some of the requirements could be taken out of
Subdivision 8(E). Grimes explained that the City also has a Building Board of
Review that reviews site plans as well. Keysser said he would like to take out the
building materials requirements and have the Planning Commission have the
authority to review development standards. Kluchka said he wants to ensure
quality, not necessarily design. McCarty asked who is going to define quality and
aesthetics. He suggested not reviewing design standards at all. Grimes reiterated
that there is a site plan review process in the proposed new ordinance.
Keysser opened the public hearing.
Steve Fichtel, 435 Idaho Avenue North, stated that there will be quite a few
existing developments such as the Golden Hills Office Park that will become non-
conforming. Grimes stated developments that are in a PUD will be considered
conforming.
Fichtel said he has a concern about this ordinance not encouraging re-use or re-
adaptive use of buildings. McCarty noted that the language regarding sustainable
development somewhat addresses that issue.
Fichtel said that the more accommodations that are made for cars the more
prevalent cars become and he doesn't think on-street parking is being encouraged.
Grimes stated that the availability of on-street parking depends on the street. He
noted that this proposed ordinance puts parking areas in the back of the buildings
but that the City would encourage on-street parking where it is feasible.
Fichtel referred to Subdivision 6(G) regarding maximum impervious coverage and
noted that it says in this subdivision that the maximum impervious coverage is 65%
but later in a different subdivision it says that 15% of the site has to be green. He
questioned if those two amounts should total 1 00%. Waldhauser agreed that the
gap in those numbers should be addressed. Grimes explained that the 15%
requirement is required open space, not green space so it could consist of a plaza,
park, play area, trails, etc.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 9
Seeing and hearing no one else wishing to comment, Keysser closed the public
hearing.
Kluchka referred to the parking requirements and said that it seems to say that the
City really wants parking to be on the side or to the rear of buildings. He said he
wants the City to allow and encourage on-street parking. Grimes stated that if a
street is wide enough the City won't limit on-street parking. Cera suggested adding
the words "off-street" to the first sentence in Subdivision 8(G).
Kluchka asked if the Planning Commission could get the City Attorney's opinion on
whether or not they have the ability to say no to a project based on design
requirements. Grimes said he would have the City Attorney write an opinion.
MOVED by McCarty, seconded by Cera and motion carried unanimously to
recommend the Adoption the Mixed Use Zoning District for the 1-394 Corridor area)
4. Reports on Meetings of the Housing and Redevelopment Authority,
City Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
5. Other Business
Keysser reminded the Commissioners that they can sign up for the GTS land use
workshops
6. Adjournment
The meeting was adjourned at 10:05 pm.
Lester Eck, Secretary
Golden Valley Human Services Foundation (GVHSF) Meeting Minutes
February 11, 2008
Present: Daniel Blumb, Shannon Breimhurst, Hilmer Erickson, Elissa Heilicher, Diane
Nimmer, Connie Sandler, Steve Schumacher and Toots Vodovoz. Also present Jeanne
Fackler, Staff Liaison.
Not Present: Bob Hoyt, Gloria Johnson, Teri Holgate, and Chris Monroe.
Call to Order: Chairperson Schumacher called the meeting to order at 6:35 p.m.
Introductions and Welcome: Schumacher welcomed Diane Nimmer to the Commission
and members were introduced.
November 5 minutes: Erickson moved and Heilicher seconded the motion to approve the
minutes of the November 5. The motion passed unanimously.
ChairNice Chair Clarification: Fackler reported that according to the By~Laws
nominations and election of the Chair and Voce-Chair position will take place at the May
meeting.
Year End Update: Fackler reported to the Commission the following revenues:
Pull Tabs $29,151.61
Contributions 2,027.00
Run the Valley 15,780.00
Golf Tournament 11,355.00
Taste of GV 3,025.00
Solicitation Letter 12,539.00
T-Shirts/Note Cards 162.50
$74,040.11
Questions about the $60,277.89 in expenditures were asked. Fackler will have Sue Virnig
do a revenue/expenditure report for the Commission.
Run the Valley: The t-shirt contest entries were re-viewed and Dan Jacobson's design was
selected with a few changes. Fackler will contact Jacobson with the good news and give
him the changes. The new design will be e-mailed to the Commission for comments before
being sent to the printer.
Tasks for the Run were divided among the members. Fackler asked for verification of
sponsors by March 1 st to be included on the t-shirt. Brochures will be taken to the area
running stores and Golden Valley merchants. Fackler will ask the Communications staff to
do posters for area merchants.
Suggestions for 2009 Run the Valley include giving medals to the top two finishers, instead
of top three and add lit-shirts guaranteed to the first 500 registrants" in the brochure.
Calendar Review: The 2008 meeting and event dates were distributed. The Golden Valley
Country Club has been contacted about a November date for Taste of Golden Valley.
Fackler will re-contact Ron Nelson.
Roster: Fackler passed out the 2007 Roster and asked members to update their
information.
Other Business: Schumacher asked for members to meet with the Valley Days Committee
to talk about fundraising efforts for both groups. Blumb, Heilicher and Schumacher agreed
to meet with the Valley Days Committee.
Adjournment: Blumb moved to adjourn the meeting, Erickson seconded the motion. The
meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of February 14,2008
Members Present: Marion Helland, Anne Dykstra, Theresa Jorgenson, Nikkie Purvis.
Members Absent: Ron Brandon, Samuel Deputie, Jay Sandvik.
Staff Present: Chief Stacy Altonen.
The meeting was called to order by Commissioner Jorgenson at 7:07 pm.
OPEN FORUM
There was no one present requesting to address the Commission.
CHAIRPERSON'S REPORT
APPROVAL OF MINUTES
Commissioner Dykstra moved to approve the meeting minutes of January 10, 2008;
seconded by Commissioner Helland.
COMMITTEE REPORTS
SCHOOL EDUCATION
The essays are due to be reviewed the third week in March.
HOUSING
Commissioner Dykstra inquired if there is any emergency relief for housing foreclosures in
Golden Valley. Chief Altonen advised there is none available to her knowledge.
LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
Commissioner Helland advised the annual conference will be held in Rochester on October
4, 2008. This year's theme is "Sixty Years of the Declaration of Human Rights."
SHARE THE DREAM
The Share the Dream event will take place in early March.
DISCRIMINATION
Nothing to report.
COMMUNITY EDUCATION and MULTI-CULTURAL TASK FORCE
Nothing to report.
PROCLAMATIONS
Commissioners asked that proclamations be placed on council agendas for approval as
relevant dates are approaching.
OLD BUSINESS
BIAS/HATE CRIME RESPONSE AND PREVENTION PLAN
Commissioner Dykstra presented the revised response policy to bias/hate crimes. She
stated commissioners are seeking to become more proactive than reactive in response to
bias crimes. The commission will work with the council to draft a plan to work towards this
goal. Commissioner Dykstra advised the commission could host seminars on
discrimination, gay/lesbian rights, etc. She also stated trends should be analyzed to
determine what kinds of concerns are arising in Golden Valley and surrounding
communities, including high rates of foreclosure and segregation in schools. Another idea
expressed was to host a music/food festival to bring people together.
Commissioner Dykstra asked that feedback concerning this draft policy be forwarded to her
by Friday, March tho A vote for approval of the final draft policy will take place on
Thursday, March 13th at the regular HRC meeting.
Commissioner Dykstra advised money is available for diversity training and this option
should be explored further.
Commissioner Jorgenson advised a list of resources should be made available to victims of
bias/hate crimes where they can find information and assistance. She also expressed
interest in disseminating information at Neighborhood Watch Zone Meetings. Chief Altonen
advised brochures or written information could be placed on the table at those meetings.
HOBBS AWARD
Commissioner Helland inquired if any nominations have been received. Nomination forms
and a flier outlining the Hobbs Award were mailed out to businesses on the mailing list;
however, no nominations have been received.
NEW BUSINESS
Commissioner Dykstra expressed concern regarding the November elections and asked
commissioners to be mindful of the high interest and diverse opinions of voters as the
election draws nearer.
Commissioner Purvis advised the commission of her intent to resign from the Human
Rights Commission.
There was discussion about commissioners meeting with members of Human Rights
Commissions in surrounding cities to exchange ideas regarding recruitment, logical places
to go to recruit and strategies for attracting new members, and goals, etc.
NEXT MEETING
The next meeting will be on Thursday, March 13, 2008 beginning at 7 pm.
ADJOURNMENT
MOVED by Commissioner Jorgenson, seconded by Commissioner Dykstra to adjourn the
meeting at 8:30 pm.
Envision Connection Project
Board of Directors Meeting Minutes
April 17 , 2008
Present: Jim Heidelberg, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick and
Blair Tremere
Absent: Helene Johnson and Luke Weisberg (GVCEF Representative)
Staff: Jeanne Andre
The meeting began at 7:20 pm in the Council Conference Room.
Approval of Minutes
Tremere/Penk moved to approve the minutes of March 20, 2008, as presented. Motion
carried.
Golden Valley Connects Outreach
Communications Working Group - The group hasn't met again.
Concert in the Park MC coordination and Ice Cream Social- Marshall Tanick
reported that both the American Legion and/or VFW are interested in being involved in a
concert event: June 9 - American Legion and July 30 - VFW. The Legion plans to
demonstrate proper care of the flag. Both have discussed having food, but no one is
sure of the health requirements. Linda Loomis heard from Riva Kupritz that she would
consider serving as coordinator for the Ice Cream Social if she could coordinate via
email. Linda needs to confirm this arrangement with Riva. Jim Heidelberg contacted
Mike Pellizzer from Sebastian Joes. It appears Sebastian Joes would do a repeat
performance and is checking on the anticipated cost if the amount of ice cream is
doubled. Blair Tremere may make some contacts for donations. Jeanne Andre will
prepare materials to seek volunteers to help with the Ice Cream Social at Valley Days.
Speaker's Bureau - Philip Lund has been working on other priorities at this time and
will bring back his comments at a future meeting. Mayor Loomis reported that the City
Council is not interested in having a presentation at the Commission Appreciation
Dinner, but might consider a joint commission meeting next fall. Blair Tremere may work
on some sort of communications to place at the table of the Commission Dinner to
make the commissioners more aware of the Connection Project and Bridge Builders.
Bridge Building Activities
Quarterlv Meeting - The Board Members favor a picnic-type meeting for the summer
Quarterly Meeting. The suggested dates were July 12 or 19 and Eloise Butler
Wildflower Garden was the suggested venue. Linda Loomis will check on
arrangements. It was suggested that Northwest YMCA be kept as a possible fall
meeting place. Jeanne Andre will contact Bridge Builders about volunteer opportunities
including serving at the Golden Valley Days Bridge Builder booth, helping with the Ice
Cream Social and fall lilac planting.
Publicizing Community Events
The group brainstormed on ways to help the community know about upcoming events
such as an electronic community billboard. Jeanne Andre noted that General Mills has a
handsome low-tech sandwich board for posters. Marshall Tanick will check with the
Golden Valley firm Teletype on the type of signage it does.
Envision Connection Project
Board of Directors Meeting Minutes
April 17, 2008 - Page 2
Golden Valley Days Booth
Philip Lund reported that he anticipates the following groups will have a presence at the
event: PRISM, YMCA, Historical Society, Optimists, Rotary, Garden Club, Golden
Valley Women of Today, Mom's Club, Golden Valley Library, VFW, Northwest Hennepin
Human Services Council, and Hennepin County Step To It Challenge. The Golden
Valley League of Women Voters will not participate. Philip suggested that more
canopies would be helpful. He will reprise the center coffee counter, which he hopes to
paint and make more festive to match the Golden Valley Days colors. He will let the
Board know if there is a time he could coordinate a painting session. Philip has asked
for more picnic tables for the center area, and afternoon lemonade in addition to the
morning coffee, which the GVCEF will arrange. Blair Tremere will look into getting a
volunteer to secure more Envision balloons to attract folks to the Envision booth as in
past years. Members signed up to work shifts at the booth.
Community Awards
Jeanne Andre reported that in her first attempt to put together a narrative, she
wondered if the award'should be geared to individual contributions or individuals that
inspire a larger group. She is leaning to the latter and asked if the Board concurred.
Board Members supported continuing with that approach as she develops a draft for
Board review.
Recruitment of Members to the Executive Board
Board Members expressed support for having Sharon Glover serve on the Board. A
couple expressed interest in calling to see if her initial meeting has inspired her to
continue.
Future Meetings
Blair Tremere noted that the May 15 meeting is in conflict with the Optimist's gala. He
asked if there is an alternate time when others could meet in May. The group agreed to
move the meeting to Monday, May 12.
The meeting ended at 9:20 pm.
Jeanne Andre
Assistant City Manager
From: Theresa Leigh Jorgenson [mailto:tljorgy@comcast.net]
Sent: Wednesday, May 07,20089:48 AM
To: Johnson, Amanda; Altonen, Stacy; Anne Dykstra; Freiberg, Mike; Jay Sandvik;
Loomis, Linda; Marion Helland; Ronald Brandon; Scanlon, De De
Subject: HRC
Good morning.
It's with great disappointment that I write today to resign my position on the Golden
Valley Human Rights Commission.
The demands of my family life have become increasingly pressing and have~ade it
difficult for me to give time and attention to other responsibilities. I just don't feel right
about continuing without the resources I was once able to contribute.
I thank you all for a fulfilling experience and wish the Commission continued success at
this crucial time of growth. I'm proud of having been a part of it for the time I had.
Best wishes to all.
Theresa Jorgenson
2438 Parkview Blvd
Golden Valley, MN 55422
May 6, 2008
Mayor Loomis and City Council Members
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Ban on Pit Bun Dogs
Ladies and Gentlemen,
We request you amend City Ordinance to ban pit bull dogs and their derivatives in the
City of Golden Valley.
Due to the reputation for unprovoked attacks by these dogs, we are extremely concerned
for the safety of our children. This concern is especially acute now that neighbors at
2417 Parkview Boulevard have such a dog. Another neighbor has observed the pit bull
unleashed on one occasion. And the resident living next-door to 2417 Parkview
Boulevard~ an elderly woman in her 90s, is now afraid to enter her backyard because of
the aggressive nature of this animal.
We call the police when we observe unleashed dogs but the police often arrive after the
dog has left the area or the owners have retrieved the pet. It doesn't matter if owners are
technically required to leash their dogs. All it takes is one brief unleashed period for a
life-threatening pit bull attack to occur.
Please help us keep Golden Valley a reasonably safe place to raise children.
Sincerely,
~L
~~
Sten and Alice Pearson
.aesident Owners
3439 Terrace Ln
Golden Valley, MN 55422
May 7, 2008
4t.ir
1;"
i~
Mayor Loomis and City Council Members
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Requesting a ban on Pit Bull dogs as pets in the city of Golden Valley
Ladies and Gentlemen,
We request you amend City Ordinance to ban Pit Bull dogs and their derivatives in the City of
Golden Valley.
Due to the significant number of unprovoked attacks by these dogs documented in the media, we
are extremely concerned forthe safety of children in our neighborhood. This concern is
especially acute now that neighbors at 2417 Parkview Blvd have such a dog. I have observed
this dog unleashed on several occasions. I have concerns about the elderly woman who resides
next door to 2417 Parkview who has told me that she is now afraid to enter her backyard because
of the aggressive nature of this animal.
Police have been called when the dog is observed unleashed but the police often arrive after the
dog has left the area or the owners have retrieved the pet. The rules that require all dogs be kept
on a leash and monitored by their owners are ignored by the residents of 2417 Parkview. They
routinely play with the dog off leash in the front and back yard and regularly tie the dog to a
stake using rope and leave unattended for extended periods. All it takes is one brief unleashed
period for a life-threatening pit bull attack to occur.
Please help us keep Golden Valley a reasonably safe place to live.
~ d
Maria T. Wetherall and Leo Aufdermauer
Resident Owners
~01~
alley
M morandum
Park and Recreation
763-512-2342/763-512-2344 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. F. 1. Quotes - North Tyrol Park Playground Equipment
Prepared By
Rick Jacobson, Director of Parks and Recreation
Summary
The 2008-2012 Capital Improvement Program, Park Section P-003, (page 67) includes
$90,000 for replacement of playground equipment in city parks. Quotes were received for the
purchase and installation of new equipment, which conforms to the ADA and Consumer
Product Safety Commission Guidelines, at North Tyrol Park. The following quotes were
received:
Earl F. Andersen, Inc.
Play Power/Flanagan Sales
$33,496.00
31,910.23
Recommended Action
Motion to authorize the purchase and installation of playground equipment at North Tyrol
Park from the lowest responsible bidder, Play Power/Flanagan Sales for $31,910.23.
Hey
M morandum
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. G. Approval of Requests for Beer and/or Wine at Brookview Park
Prepared By
Judy Nally, Administrative Assistant
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or
use alcoholic beverages on any City park property, unless permission is granted by the
Council." As part of the application process for a Facilities Use Permit to use the large and
small picnic shelters at Brookview Park the applicant has the option to pay an additional $8
to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations
who have requested that option.
Attachment
Beer and/or Wine Request List (1 page)
Recommended Action
Motion to approve the requests for beer and/or wine at Brookview Park as recommended by
staff.
INDIVIDUAL OR ORGANIZATION
Milestone Systems
Jay Miller
Anya Valene
Allianz
Cindy Luisi
Daniel Dias
Inscape Publishing
Wendy Tweed
BEER AND/OR WINE REQUEST LIST
DATE
06-11
06-13
06-15
06-18
06-22
06-28
07 -25
08-1 0
TIME
5 pm - dusk
5 pm - dusk
11 am - dusk
11 am - 4 pm
5 pm - dusk
11 am- 4 pm
5 pm - dusk
11 am - dusk
NUMBER
IN
GROUP
30
?
50
50
40
?
50
75
SHELTER
small
large
small
small
small
small
large
small
BEER OR WINE
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
beer & wine
CC
DATE
APPROVED
05-20-08
05-20-08
05-20-08
05-20-08
05-20-08
05-20-08
05-20-08
05-20-08
alley
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. H. Receipt of April 2008 General Fund Budget Report
Prepared By
Sue Virnig, Finance Director
Summary
The monthly General Fund Budget Report provides a progress report on the General Fund
operations for 2008. The revenues and expenditures show current month actual and year-to-
date actual compared to the 2008 approved budget.
Attachments
April 2008 General Fund Budget Report (2 pages)
Recommended Action
Motion to receive and file the April 2008 General Fund Budget Report.
City of Golden Valley
Monthly Budget Report - General Fund
April, 2008
Percentage Of Year Completed 33.00%
Revenue:
Over %
2008 April YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,295,415 0 $8,466 ($11,286,949) 0.07% (1)
Licenses 151,095 73,744 106,945 ($44,150) 70.78% (2)
Permits 750,000 89,299 218,582 ($531,418) 29.14% (3)
State Aid 50,500 0 22,610 ($27,890) 44.77% (4)
Charges For Services: (5)
General Government 36,010 2,005 3,539 ($32,471) 9.83%
Public Safety 157,080 5,419 45,790 ($111,290) 29.15%
Public Works 101,220 9,678 41,890 ($59,330) 41.39%
Park & Rec 383,725 39,932 135,655 ($248,070) 35.35%
Other Funds 1,187,000 0 11,759 ($1,175,241) 0.99%
Fines & Forfeitures 280,000 14,431 51,710 ($228,290) 18.47% (6)
Interest On Investments 260,000 0 0 ($260,000) 0.00% (7)
Miscellaneous Revenue 206,940 1,327 5,860 ($201,080) 2.83% (8)
Transfers In 175,000 0 0 ($175,000) 0.00% (9)
TOTAL Revenue $15,033,985 $235,835 $652,806 ($14,381,179) 4.34%
Notes:
(1). 1st 1/2 2008 tax settlement will arrive in July.
(2) Not all annual licenses have hit their renewal period.
(3) We hope to meet this goal in 2008.
(4) The Gang Strike Force ended this year. We will not be receiving
$26,864 as budgeted.
(5) Administrative charges to construction funds are made as contracts are paid out and included in other funds.
(6) Includes March receipts from the County.
(7) Interest earnings will be distributed at year-end based on an average monthly cash balance.
(8) Annual building rents from Motor Vehicle, Golf & Vehicle Maintenance Funds will be received in June.
(9) Transfers will be made in June.
Percentage Of Year Completed 33%
Expenditures:
Over %
2008 April YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $343,135 92,265 $143,887 ($199,248) 41.93% (1)
City Manager 802,550 59,221 232,764 (569,786) 29.00%
Admin. Services 1,549,110 123,051 372,563 (1,176,547) 24.05%
legal 103,000 3,895 26,726 (76,274) 25.95%
General Gov't. Bldgs. 615,950 67,087 227,598 (388,352) 36.95%
Planning 388,980 23,348 93,671 (295,309) 24.08%
Police 4,291,240 330,021 1,378,629 (2,912,611) 32.13%
Fire 1,487,650 83,574 356,100 (1,131,550) 23.94%
Public Works Admin. 308,175 23,823 93,905 (214,270) 30.47%
Engineering 662,945 22,690 115,702 (547,243) 17.45%
Streets 1,322,660 63,132 308,747 (1,013,913) 23.34%
Community Center 78,825 5,134 24,829 (53,996) 31.50%
Park & Rec. Admin. 627,850 55,324 204,667 (423,183) 32.60%
Park Maintenance 945,905 67,589 260,953 (684,952) 27.59%
Recreation Programs 423,665 12,313 62,452 (361,213) 14.74%
Casualty Insurance 207,345 115,548 121,261 (86,084) 58.48% (2)
Transfers Out 875,000 0 0 (875,000) 0.00% (3)
TOTAL Expenditures $15,033,985 $1,148,015 $4,024,454 ($11,009,531 ) 26.77%
(1) Includes payments to the YMCA and Home Free Shelter.
(2) Insurance premiums significantly increased in 2008. This amount is for two quarters.
(3) Transfers are made in June.
11
alley
Memoran um
Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. I. Authorization to Sign Joint and Cooperative Agreement for Leasing of Self-Contained
Breathing Apparatus
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The Hennepin County Fire Chiefs Association developed a Joint and Cooperative Agreement
for member Fire Departments for leasing of self-contained breathing apparatus (SCBA). The
cost to purchase SCBAs has grown substantially. In order to allow local Fire Departments to
keep their equipment current, various Fire Departments within Hennepin County have
proposed forming a Joint Powers Organization that would allow cooperative leasing of
SCBAs in the future. Bloomington, Eden Prairie, Minnetonka and Edina are the initial cities in
the cooperative agreement. Adoption of a resolution does not automatically enter the City into
a leasing program, but would allow staff to explore the possibility of doing so if it were in the
best interest of the City.
Currently, each Fire Department in Hennepin County purchases their own SCBAs from one
of several manufacturers. Technology in SCBA has been increasing rapidly and ithas
become very expensive to maintain current safety standards. The concept of the lease
program would have one manufacturer provide SCBAs to all of the Fire Departments. The
manufacturer would provide maintenance, technology and safety upgrades to the SCBAs.
The advantages to leasing the SCBAs include: interoperability, expedited technological safety
improvements, maintenance and larger purchasing power. Future Joint Powers Agreements
could possibly be expanded to include other Fire Department equipment.
Attachments
Joint & Cooperative Agreement for Leasing and Use of SCBA (4 pages)
Resolution Authorizing Entering into Joint and Cooperative Agreement for Leasing and Use
of Self-Contained Breathing Apparatus (1 page)
Recommended Action
Motion to adopt Resolution Authorizing Entering into Joint and Cooperative Agreement for
Leasing and Use of Self-Contained Breathing Apparatus (SCBA).
JOINT & COOPERATIVE AGREEMENT
FOR LEASING AND USE OF SCBA
1. Purpose
This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and
cooperative exercise of governmental powers common to contracting parties. The intent of this
Agreement is to make available leased self-contained breathing apparatus (SCBA) to the
governmental agencies who are parties to this Agreement.
2. Parties
The initial parties to this Agreement are the cities of Bloomington, Eden Prairie, Edina, and
Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota.
Additional governmental agencies may become parties to this Agreement by adopting a
resolution approving this Agreement and sending an original execution page and a certified copy
of the resolution to the secretary of the Operating Committee established below. The secretary
of the Operating Committee must maintain a current list of the parties to this Agreement and
must notify the contact person for each party whenever there is a change in the parties to this
Agreement.
3. Operating Committee
3.1. Creation.
There will be an Operating Committee (the "Committee") to administer this Agreement. The
Committee will consist of one representative appointed by each of the parties to the Agreement.
In the absence of a specific appointment, a party's representative will be its fire chief. Each
member of the Committee is entitled to one vote.
3.2. Procedural Rules.
The Committee must adopt procedural rules to govern its operations.
3.3. Officers.
The Committee will select from its members a chair to conduct meetings, a vice-chair to act in
the place of the chair, and a secretary to keep the records of the Committee.
SCBA Joint Agreement
Page 2
3.4. Powers, Duties.
The Committee has the authority and responsibility to administer this Agreement on behalf of the
parties and to take all necessary actions allowed by law to implement its terms.
4. Procedures For SCBA
4.1. Leasing SCBA.
The Committee will take all of the actions necessary for leasing SCBA to serve its members. The
Committee will comply with the Municipal Contracting Law, including the preparation of
specifications and request for proposals. The Committee will designate one of the member
parties to act as the lead agency for selecting the contractor, based on the recommendation of the
Committee.
4.2. Contract Terms.
The contract with the selected contractor (the "Leasing Contract") must provide that each party
to this Agreement will order SCBA directly from the contractor and make payments directly to
the contractor. The Leasing Contract must provide a specific number of SCBA to be initially
provided to each party and must establish the circumstances under which additional SCBA may
be ordered. No party will have any responsibility for paying for the number of SCBA designated
for, or ordered by, any other party. The Leasing Contract must provide that the contractor will
own, maintain, and certify the SCBA and will replace the SCBA as needed. The Leasing
Contract must provide the terms of payment to the contractor for this service.
4.3. Rules for use of SCBA.
The Committee will establish rules and procedures for the use of the SCBA by the parties,
including determining the responsibility for damage to, or loss of, the SCBA.
5. Responsibility for Employees
All persons engaged in the work to be performed by a party under this Agreement may not be
considered employees of any other party for any purpose, including worker's compensation and
other claims that mayor might arise out of the employment context on behalf of the employees.
All claims made by a third party as a result of any act or omission of a party's employees while
engaged on any of the work performed under this Agreement are not the obligation or
responsibility of any other party. Each party is responsible for injuries or death of its own
personnel. Each party will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are providing services under this Agreement. Each party
waives the right to sue any other party for any workers' compensation benefits paid to its own
employee or volunteer or their dependants, even if the injuries were caused wholly or partially by
the negligence of any other party or its officers, employees, or volunteers.
SCBA Joint Agreement
Page 3
6. Indemnification
Each party agrees to defend, indemnify, and hold harmless the other parties against any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement and
caused by or resulting from negligent acts or omissions of the party and/or those of its employees
or agents. Under no circumstances, however, may a party be required to pay on behalf of itself
and another party any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to anyone party. The limits of liability for two or more parties
may not be added together to determine the maximum amount of liability for one party. The
intent of this paragraph is to impose on each party a limited duty to defend and indemnify each
other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of
creating this duty to defend and indemnify is to simplify the defense of claims by eliminating
conflicts among the parties and to permit liability claims against both parties from a single
occurrence to be defended by a single attorney.
7. Duration
This agreement will be in force from the date of execution by at least two parties and notification
to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon
30 days written notice to the other party or parties to the Agreement.
8. Execution
A separate execution page is provided for each party.
[Signature pages follow]
Execution Page for the
Joint & Cooperative Agreement
For Leasing and Use Of SBCA
The party listed below has read, agreed to and executed this Agreement on the date indicated.
Date
Entity
By
Title
And
Title
Resolution 08-23
May 20,2008
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ENTERING INTO JOINT AND
COOPERATIVE AGREEMENT FOR LEASING AND USE
OF SELF-CONTAINED BREATHING APPARATUS (SCBA)
WHEREAS, Minnesota Statute 471.59 authorizes local units of government to enter
into Joint and Cooperative Agreements of governmental powers common to the contracting
parties. The intent of this agreement is to make available leased firefighting self-contained
breath apparatus to the City of Golden Valley.
NOW, THEREFORE BE IT RESOLVED that the Golden Valley City Council does
hereby approve the Joint and Cooperative Agreement for the leasing program of self-
contained breathing apparatus with cities and fire departments from the Hennepin County
Fire Chiefs Association.
NOW, BE IT FURTHER RESOLVED that the Mayor and City Manager are
authorized to execute said Joint and Cooperative Agreement on behalf of the City of
Golden Valley.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. J. Authorization to Sign Amended PUD Permit - Perpich Center for Arts Education - PUD
No. 34 - Amendment No.2 - 228 and 308 Meander Road
Prepared By
Joe Hogeboom, City Planner
Summary
As a final step in securing proper land use status for 228 Meander Road and 308 Meander
Road, Bobbi Bardeaux, future owner of 308 Meander Road, has requested to amend
Planned Unit Development (PUD) No. 34, effectively removing the two properties from the
PUD. Director of Planning and Development Mark Grimes has determined that, because re-
platting of property is not necessary, a minor PUD amendment is acceptable for this function.
Attachment
Amended PUD Permit (6 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended PUD permit for Perpich
Center for Arts Education, PUD No. 34, Amendment No.2, 228 and 308 Meander Road.
P.U.D. #34
City Council Approval: May 4, 1982
Amendment #2 City Council Approval: May 20, 2008
City of Golden Valley, Minnesota
. Use Permit
For
Planned Unit Development
Project Name:
Golden Valloy Lutheran College!MN School and Resource Center
for the l\rts Perpich Center for Arts Education
Address:
6125 Olson Memorial Highway
Legal Description:
Description of Building Parcel
That part of the east 301.87 feet of the west 546.57 feet of the northwest quarter of the
southwest quarter of Section 33, Township 118 North, Range 21 west of the 5th principal
meridian, lying north of the south 555.37 feet thereof and lying south of 6th Avenue
North.
Description of Remainina Parcel
All that part of the northwest quarter of the southwest quarter of Section 33, Township
118 North, Range 21 west of the 5th principal meridian which lies south of 6th Avenue
North, except railroad right-of-way and except that part of the east 301.87 feet of the
west 546.57 feet of the above described property lying north of the south 555.37 feet
thereof.
Description of Road Easements
The north 40 feet of the south 782.37 feet of the east 301.87 feet of the west 546.57
feet of the northwest quarter of the southwest quarter. That part of the east 40 feet of
the west 384.70 feet of the northwest quarter of the southwest quarter lying north of the
south 782.37 feet thereof and south of the southerly line of State Highway No. 55. Also
that part of the northwest quarter of the southwest quarter, described as follows:
Beginning at a point 496.57 feet east of the west line and 782.37 feet north of the south
line of said northwest quarter of the southwest quarter; thence east parallel with the
south line of said northwest quarter of the southwest quarter a distance of 50 feet;
thence north parallel with the west line of said northwest quarter of the southwest
quarter a distance of 60 feet; thence southwesterly to the point of beginning. All in
Section 33, Township 118, Range 21.
Description of Platted Areas
Lots 2 and 3, Block 3, Tralee except that part of said Lot 3 lying easterly of the following
described line: Beginning at a point in the northerly line of said Tralee, 20.3 feet '1:est of
the northeast corner of said Lot 3; thence southeasterly on a course parallel to the
easterly line of said Lot 3 and same extended to a point of intersection ':/ith the east line
of said Lot 3.
Lots 8, 9, 10 and 11 in Block 3, Outlot 1; all in Westchester. Including all of a vacated
Douglas Drive North shown on the plat of Westchester.
Page 2
Applicant: MN School and Resouroe Center for the /\rts Perpich Center for
Arts Education - State of Minnesota
Address: 17 VVest Exchange Street, 400 Galley Building,
St. Paul, Minnesota 55102 MN Department of Administration. Real
Estate & Construction Services. 309 Administration Buildino. 50
Sherburne Avenue. St. Paul. MN 55155
Owner: Norv/est Bank Minnesota Trust Dopartmont State of Minnesota
Address: gUl Street and Marquette, Minneapolis, MN 55479 0069 MN
Department of Administration. Real Estate & Construction Services,
309 Administration Buildino, 50 Sherburne Avenue. St. Paul. MN
55155
Zoning District: Institutional (1-2)
Permitted Uses: Uses permitted in this development are college campus buildings
including the following:
A. A two story classroom building comprising approximately 67,760 square feet of
space with a one story cafeteria addition comprising 2,478 square feet of space.
B. Thre e two story dormitory buildings, two of which comprise approximately 12,170
square feet of space each, and the third of which comprises approximately 12,760
square feet of space.
C. Two three story dormitory buildings, one of which comprises approximately 48,240
square feet of space and the second of which comprises 32,680 square feet of
space.
D. A one and a half story commons building comprising 4,500 square feet of space.
Components:
A. Lan d Use Component:
1. Land uses within P.U.D. #34 shall be limited to those uses indicated on the
approved site plan, Campus Plan Proposed Construction Sheet No. GVLC 2R,
dated April 14, 1982 and revised May 10, 1982. The principal use shall be
college campus buildings including a classroom building, five dormitory buildings
and a commons building.
2. Parking for P.U.D. #34 shall consist of 346 parking spaces including 156 spaces
in two parking lots in the northerly portion of the campus adjacent to Highway 55,
48 spaces along the east interior drive, 102 spaces in the east parking lot, and 40
spaces along the west interior drive, as shown on the approved site plan,
Campus Plan Proposed Construction Sheet No. GVLC 2R, dated April 14, 1982
and revised May 10, 1982.
Page 3
3. Landscaping as indicated on the approved site plan, Campus Plan Proposed
Construction Sheet No. GVLC 2R, dated April 14, 1982 and revised May 10,
1982, and on the Landscape Plan, Landscaping Sheet No. C-3R, dated February
25, 1982 and revised May 10, 1982, shall be subject to approval of the Building
Board of Review and the City Council shall be completed within 210 days
following completion and occupancy of the proposed new dormitory and
commons buildings. Landscaping adjacent to the proposed new cafeteria
addition scheduled for a subsequent construction phase shall conform to a
Landscape Plan approved by the Building Board of Review and shall be
completed within 210 days following completion and occupancy of the addition.
4. Special precautions shall be taken during and after construction to protect
against erosion, silting, excessive grading, or any other conditions detrimental to
the area. Grading and excavation for footings and other construction needs shall
be done in a manner so as to avoid dirt storage, disturbing of trees, or other
activities beyond the prescribed construction limits.
5. Any future expansion of Golden Valley Lutheran College Perpich Center for Arts
Education shall include provision for student recreational needs.
6. The buildings and campus may also be utilized by the Minnesota School and
Resource Center for the Arts. Perpich Center for Arts Education. The School and
Resource Center Perpich Center for Arts Education will have approximately 270
full time students in the 11 th and 12th grades. Approximately 200 students will live
in Delta dorm. Classes will be held in the Administrative/Classroom building. +Re
School and Resouree Center Perpich Center for Arts Education will also include
part time programs for high school students in grades 9-12. These part time
students will occupy dorm space for 1-3 week sessions during the normal school
year and summer.
The Resource Center Perpich Center for Arts Education will include teachers and
arts professionals conducting research in the Learning Resource Center (Library)
and short term workshops for arts teachers.
The School and Resource Center Perpich Center for Arts Education may occupy
any other of the buildings on the site for its activities.
The School and Resouree Center Perpich Center for Arts Education may
sublease any of the buildings to Arts related organizations that are consistent
with the purpose of the School.
B. Circulation Co mponent:
1. Interior drives and walks shall be located where shown on the approved site plan,
Campus Plan Proposed Construction Sheet No. GVLC 2R, dated April 14, 1982
and revised May 10, 1982.
Page 4
2. Interior concrete curbs shall be constructed within the development to separate
driving and parking surfaces from landscaped areas, with the exception of pre-
existing driving and parking surfaces. However, interior curbs shall be
constructed within the new stage of development. Interior curbs shall not be less
than six (6) inches in height. Sidewalks and curbs shall be designed to
accommodate the handicapped.
3. Radiuses on the walkway/emergency road shall be designed to accommodate
City fire equipment without wheels going of the pavement on curves.
4. Signage shall be added at the west access road to reduce unwarranted traffic.
5. The southwest emergency access road from Edgewood Avenue North shall be
vacated, the apron removed, and the apron and road replaced with evergreen
trees and sod as indicated on the approved site plan, Campus Plan Proposed
Construction Sheet No. GVLC 2R, dated April 14, 1982 and revised May 10,
1982.
C. Population Component:
1. Approximately 560 students will be housed in the five dormitories on the Golden
Valley Lutheran College Perpich Center for Arts Education campus with 400
students housed in the existing four dormitories and 160 students housed in the
new dormitory building.
2. Total student enrollment at Golden Valley Lutheran College Perpich Center for
Arts Education will be approximately 700 to 800 students.
D. Subdivision Component:
1. The described property shall be platted in accordance with the approved
Preliminary Plat Sheet No. GVLC 1, dated April 2, 1982 and revised April 14,
1982, and the plat name shall include "P.U.D. No. 34",
2. The Final Plat shall be filed within six (6) months after the date of the Council
action giving final approval to the PUD Permit.
E. Services and Facilities Component:
1. Water and sanitary sewer service lines shall be installed, owned and maintained
by the owner or owners.
2. Existing watermain easement shall be vacated and new watermain easements
dedicated prior to issuance of building permits for the new dormitory and
commons buildings.
3. All utilities shall be underground.
4. Wet type standpipes shall be installed in the new dormitory building.
Page 5
5. Sprinkler system shall be installed in all trash chutes and trash collection areas.
6. Fire alarm systems shall be approved by the City Fire Marshal prior to
installation.
7. A Fire Department Siamese shall be installed on the west side of the new
dormitory as near as possible to the new fire hydrant.
8. All mechanicals on roof or ground shall be screened with Inspection Department
approval.
9. All waste generated by the occupancy shall be stored internally until removed
from the premises.
F. Construction Order Component:
1. Construction of proposed additions to Golden Valley Lutheran College Perpich
Center for Arts Education campus facilities shall be completed in two phases with
construction of the new dormitory and commons buildings to be completed in the
first construction phase and construction of the cafeteria addition to take place in
a later construction phase. All other site improvements, including drives, parking
areas, walks and landscaping, shall be completed in conjunction with the first
phase of construction.
2. A bond running in favor of the City of Golden Valley as obligee for an amount to
be determined by the City Engineer shall be required for all bituminous surfacing
and concrete sidewalk, cub and gutter as provided on the approved site plan,
Campus Plan Proposed Construction Sheet No. GVLC 2R, dated April 14, 1982
and revised May 10, 1982.
3. A bond running in favor of the City of Golden Valley as obligee for an amount to
be determined by the City Engineer shall be required for installation of sewer and
water service as provided on the approved utilities plans, Utilities and
Dimensions Sheet No. C-2R, dated February 25, 1982 and revised April 28,
1982, and Waterline Plan and Profile Sheet No. C-4R, dated April 21, 1982 and
revised April 28, 1982.
4. A deposit in an amount to be determined by the City Engineer shall be placed
with the City of Golden Valley to cover Engineering Inspection costs associated
with proposed construction.
5. A landscape bond running in favor of the City of Golden Valley as obligee shall
be posed in an amount to be determined by the Building Board of Review and
shall run for two (2) full growing seasons and until released by the Golden Valley
Inspection Department. The bond shall be executed and delivered to the Golden
Valley Inspection Department prior to issuance of the building permit.
Page 6
G. Maps and Reports:
1. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall provide as a minimum monthly written reports for each
phase of the construction process.
2. The architect or engineer in charge of the project, who shall be registered in the
State of Minnesota, shall inspect the site during construction. When the project in
completed, the registered architect or engineer shall certify in writing to the
Building Department of the City of Golden Valley that the project has been
construction in conformity with all approved plans applicable to the subject PUD.
It is hereby understood and agreed that this Use Permit is a part of the City Council
approval granted on May 4, 1982, August 15, 1989 and Mav 20. 2008 relative to
Planned Unit Development #34, Amendment #4- ~
MN School and Resource Center for the I\rts
State of Minnesota
Witness:
By:
Title:
Date:
Norv.~est Bank Minnesota Trust Department
By:
'Nitness:
Title:
Date:
City of Golden Valley
Witness:
By:
Linda R. Loomis, Its Mayor
Witness:
And:
Thomas D. Burt, Its City Manager
Date:
~lley
M morandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. K. Reconsideration of Council Action - Variance Request - 400 Dakota Avenue South
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the May 13, 2008 Council/Manager meeting, the Council discussed a request by Tim Cope
who owns the property at 400 Dakota Avenue South. Mr. Cope is requesting that the City
Council allow him to expand the deck that is attached to the rear of his house. In 1970, the
City Council approved a variance for the house that allowed it to be located 18 feet from the
right-of-way from Dakota Avenue South rather than the required 35 feet. One of the
conditions of the variance was that the exterior dimensions of the house could not be
expanded. At the May 13 meeting, the Council gave direction to staff to prepare a motion for
consideration by the City Council that would allow Mr. Cope to apply for a variance to expand
the house by adding to the existing rear deck. As part of this motion, the consensus of the
Council was to include that only expansions to the rear of the house would be considered for
a variance and expansion of the house to the sides or front would not be permitted.
Attachments
Village Council Minutes dated February 9, 1970 (1 page)
Certificate of Survey dated November 14,1968 (1 page)
Letter from Tim Cope dated April 21, 2008 (1 page)
Pictures of front and back of house (1 page)
Council/Manager Meeting Executive Summary dated May 13, 2008 (1 page)
Recommended Action
The motion of the City Council regarding the request by Bennie Rozman for the property at
400 Dakota Avenue South is amended by altering Part B to state the following:
At no time shall there by any further expansion of the residential structure at 400
Dakota Avenue South covered by Building Permit #9036, except that said residential
structure may expanded to the rear side of the house and the house may be repaired,
rebuilt or remodeled so long as there is no expansion of the exterior dimensions.
,. . '
22
ADJOURNED MEETING
of the
VILLAGE COUNCIL
February 9, 1970.
An adjourned meeting of the Village Council was. held at 7: 30 P.M., FebrlUU'Y 9;
1970, at 7800 Golden Valley Road. Present were Bies, Jensen., Paulson, Stockman,
and Teresi; Village Manager. Barkley v. Omans; Village Clerk, Helen Penniman;
Building Inspector, Dan Lynch.
-If
Re: Re9.uest for Waiver... 400 Dakota Avenue South. Bennie Rozman:
f
. ,.1 _"."1 "'
Mr. Bennie Rozman and Julius M. Rivkin of Ark~ Builders were present.
The Village Manager reviewed the background and, conditions for grapting the
waiver.
MOVED by Jensen seconded by Paulson carried unadmously 'to ~ant the waiVer
upon the following conditions:
liThe petition for a 'Waiver of Section 3,07 for 17' ona home
under construction at 400 Dakota. Avenue S9uth toa front yard
setback of J8' ?r.ftbe Southwest r1~t"'of...way ,ofD~o~a Aveny.e,
constituting a waiver of 17'trom the required 35"~1J ~ereby
granted subject ,to the f"ollowing eJtPxoessconditions which shall
run with the proPeryy. af:f'~cted hereby;
A - At no ,t~me shall there,,'~. any ,~herconstructi()n., on
the property leslUly described as 9utlot ),,''l:'2'ach' s,
2nd Addition, which legal description coverstbe entire
lot of ,X'ecord,at 400 Dakot~. AV'epue,SQu~1;l,o~ed by the
petitioner herdn, BennieRozm8.n,oth~r't.be.n:f'orthe
structux-e coveX'ed by Building Permit H9036; pX'ovided,
however, that the f"o:regoing X'estrictions shall not
applY,toan,y,construct:1oIl on the Ea!3terly 113.73' of
Outlot! Tra.ch' s 2nd Addition.
B - At no time shall there be any ~ther expansion of the
residential structure presently under construction on
said premise$ and covered by Building Pe~t. #9036,
provided, hOW'eve:r, that sa:i.d residential structmfe, may
be repaired, rebuilt or remodeled so long as there is
no expansion of the exterioX' dimensions thereof.".
The Village Manager presented an Agreement regardlng, Laurel Avenue Right-
of-Way with a partial payment for street improvement.
Waiver of Platting Ordinance ... Lot Division, 400 Dakota Avenue south" Benrde
Rozman:
MOVED by Bies seconded by Jensen carried that the Council reconsider the
action of August 5, 1969$ on the request of Bennie ~oZIllan for lot division of
Outlot .:j"Trach's 2nd, Addition, and that the following agreement be approved:
*
~
~
~
~
t
r
~
Mr. Mark Grimes
City Planning Director
7800 Golden Valley Road
Golden Valley, MN 55427
April 21, 2008
Dear Mr. Grimes,
My name is Tim Cope. My wife Cathy and I have been proud homeowners at 400
Dakota Ave., Golden Valley Mn. 55416 since early 1994.
Recently we engaged a contractor to expand an existing wooden deck at the back of our
house by approximately 10 feet by 10 feet. Once the deck is completed we planned to
install a hot tub in that area, a birthday gift to my wife who experiences frequent back
pain. The existing deck is approximately ten feet in the air and supported by various
posts. The proposed extension would be at the same level and built over an existing
cement patio, thus no new land area would be used because of this addition.
When our contractor requested a building permit they were denied due to a building
restriction placed on the house when it was built in 1968/9 which prevents the house from
being enlarged. Unfortunately, we Were never informed of that restriction when we
purchased the house.
This is a request to please waive that restriction so that we can expand part of an existing
deck over an existing patio.
I do not know what prompted the original restriction however I do know that the.
neighborhood has certainly changed over the last 40 years. It is now a mature area with
our house surrounded by numerous grown trees. We do not plan to change any of the
existing landscape other than to extend an existing deck over an existing patio. The .
footprint of the house is not being enlarged inasmuch no foundation walls are being built
or moved and we are not removing or moving any existing trees or other landscape.
I believe this request fits within the city guidelines for orderly development and
redevelopment and certainly has no adverse effects on the health, safety and general
welfare of people living in Golden Valley. Just the opposite, it may actually help with the
health my family. There is no impact to transportation, surface water, sanitary sewers, or
water supply. If there is a requirement to take soil samples to determine the adequacy of
the proposed footing we certainly intend to comply.
Enclosed are pictures of our house taken from various perspectives showing the front of
the house, the existing deck the existing patio, and surrounding landscape. We have only
one neighboring house on the northwest side. There is no housing behind us and no
housing is permitted on the eaSt side of our house. We really will not be effecting or
bothering anyone with a simple deck expansion.
We respectfully request that you favorably consider allowing us to make this change to
our existing deck.
If you have any questions or need additional information please do not hesitate to contact
either one of us.
~ you ~.''7)ur. 00 consideratiou.
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Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary
Golden Valley Council/Manager Meeting
May 13, 2008
Agenda Item
3. Request for Variance -400 Dakota Avenue South
Prepared By
Mark Grimes, Director of Planning and Development
Summary
The Inspections staff recently received an inquiry about expanding the existing deck on the
rear of the house at 400 Dakota Avenue South. The request was made by the current property
owner, Tim Cope. As part of the permit review process, the existing file and survey is reviewed
for the property. In this case, the Inspections staff noted that the house was built to within 18
feet of the front property line. Also, there was a variance packet in the file that noted a variance
was approved to allow the house to be built within 18 feet of the front property line along
Dakota Avenue South rather than the required 35 feet This variance was approved by the City
Council (after an appeal of the Board of Zoning Code decision) in 1970 with the limitation there
could never be any exterior expansion of the house. The house could be built as per the
original building permit application. (The interior or exterior could be remodeled as part of the
City Council variance approval.)
Staff would like to get direction from the City Council about the request from Mr. Cope. At this
time, the staff cannot issue a building permit due to the conditions of the 1970 variance
approval. I have spoken to City Attorney Barnard about this matter. He will be providing an
opinion about the options available to the City Council to. address Mr. Cope's request.
Attachments
Letter from Tim Cope to Mark Grimes dated April 21, 2008 (1 page)
Pictures of front and back of house (1 page)
As-built survey of house done for Bennie Rozman indicating 18 foot front yard setback (1 page)
Village Council Minutes dated February 9, 1970 (1 page)
alley
Memorandum
Council
763-593-8006 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
3. L. Board/Commission Appointments and Reappointments
Prepared By
Linda Loomis, Mayor
Summary
Each year the City Council conducts interviews with persons who have applied to serve ona
board and/or commission. After the interviews are conducted the Council makes their
appointments.
Recommended Action
Motion to make the following appointments:
Board of Zoning Appeals:
Mike Kisch 1 year term
Nancy Nelson 1 year term
Environmental Commission:
Jim Stremel 3 year term
term expires - 5/1/09
term expires - 5/1/09
term expires - 5/1/11
Envision Connection Proiect Board of Directors:
Sharon Glover
Motion to make the following reappointments:
Planning Commission:
David Cera
Les Eck
Don Keysser
3 year term
3 year term
3 year term
Human Services Foundation:
Elissa Heilicher 3 year term
Hilmer Erickson 3 year term
Toots Vodovoz 3 year term
term expires - 5/1111
term expires - 5/1/11
term expires - 5/1/11
term expires - 5/1/11
term expires - 5/1/11
term expires - 5/1/11
Environmental Commission:
Tracy Anderson 3 year term
Buildina Board of Review:
Tom Parker 3 year term
Board of Zonina Appeals:
Mike Sell 1 year term
Chuck Segelbaum 1 year term
Don Hughes 1 year term
Luke Weisberg 1 year term
term expires. 5/1/11
term expires - 5/1/11
term expires - 5/1/09
term expires - 5/1/09
term expires - 5/1/09
term expires - 5/1/09
Alternate
alternate
alley
Memo ndum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
4. A. Public Hearing - Amendment to the General Land Use Plan Map - Change from Schools
and Religious Facilities to Low Density Residential- 228 Meander Road and 308 Meander
Road
Prepared By
Joe Hogeboom, City Planner
Summary
The State of Minnesota has identified various excess properties under its ownership which
must be sold in the next year. Two of such properties are located at 228 Meander Road and
308 Meander Road. These properties, currently part of PUD #34, were originally intended to
be used in conjunction with the former Golden Valley Lutheran College. However, since the
properties were acquired by the State for the purpose of establishing the Perpich Center for
the Arts, no plans have been made for the excess lots.
Because of the lots' location and size, low density residential development would be the most
compatible land use designation for these lots. The State has entered into a purchase
agreement with a potential buyer interested in constructing a single family home on the lot at
308 Meander Road. The proposed home would be required to meet City setback and height
restrictions, as well as other building requirements, prior to the issuance of a grading permit.
Neighboring residents have raised concern at the Planning Commission meeting regarding
the existing wetland located on 308 Meander Road. The Public Works Department will work
to ensure that proper wetland protection measures are met for any future development of the
site. The State also plans to sell the 228 Meander Road lot for low density residential
development.
Upon approval of this action, the Planning Department will notify the Metro Council and
adjoining communities of the amendment to the General Land Use Plan, as required by State
Statute.
Attachment
Location Map ( 1 page)
Memo to Planning Commission dated April 21,2008 (2 pages)
Planning Commission minutes dated April 28, 2008 (3 pages)
Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map
Respecting Properties Located at 228 and 308 Meander Road (1 page)
Comprehensive Plan Map (1 oversized page, loose in agenda packet)
Recommended Action
Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use
Plan Map Respecting Properties Located at 228 and 308 Meander Road.
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
April 21, 2008
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing: Amendment to the General Land Use Plan Map
Re-designating 228 Meander Road and 308 Meander Road (Lots 2 & 3, Tralee
Addition) as Low Density Residential- City of Golden Valley, Applicant
Background
The State of Minnesota Commis~ioner of Administration has identified various properties
under its ownership which must be sold by June 30, 2009. In working with the Perpich Center
for Arts Education, the State has decided to sell 228 Meander Road and 308 Meander Road.
These properties, currently undeveloped, are part of PUD #34. Originally, a home for the
president of Golden Valley Lutheran College was planned to be located on the site. However,
the lots currently remain undeveloped.
The underlying land use of the entire PUD is guided for Schools and Religious Facilities. The
State, represented by Planning Dfrector Susan Maki, requests to amend the General Land
Use Plan Map to indicate 228 Meander Road and 308 Meander Road as Low Density
Residential development.
Current Events i'
The State has identified Ms. Bobbie Bardeaux as a potential buyer of the prop,erties. Ms.
Bardeaux has requested the Official Zoning Map be amended to include 228 Meander Road
and 308 Meander Road in the Single Family (R-1) Zoning District. Ms. Barde"aux, with the
approval of the State of Minnesota, will also request that 228 Meander Road and 308
Meander Road be removed from PUD #34 through a Minor PUD Amendment process.
It is not the intent of the State, nor is it the intent of Ms. Bardeaux, to further subdivide 228
Meander Road and 308 Meander Road. Rather, Ms. Bardeaux plans to build one single
family home on 308 Meander Road, possibly conjoining the lot with 228 Meander Road in the
future. The lots, which are accessible from a residential street, are appropriate for
development of this nature. Any future building plans will be reviewed by the Public Works
Department and the Fire and Inspections Department.
Recommended Action
Staff feels this amendment is compatible to the Comprehensive Plan and the future
development of the neighborhood in which the properties are located. Staff asks for your
support in recommending the amendment of the General Land Use Plan Map to re-designate
228 Meander Road and 308 Meander Road to Low Density Residential.
Attachments:
Location Map (1 page)
Letter from Susan Maki, State ofMN, dated March 19,2008 (1 page)
Regular Meeting of the
Golden Valley Planning Commission
April 28, 2008
A regular eeting of the Planning Commission w s held at the Golden Valley City Hall,
Council Ch ers, 7800 Golden Valley Road, G Iden Valley, Minnesota, on Monday,
April 28, 2008. ir Keysser called the meeting order at 7 pm.
MOVED Eck, seconded by
April 14, 2008 minutes with
1. Approval of Minutes
Those present were PI ing Commissioners Ce a, Eck, Keysser, McC
and Waldhauser. Also pres t was City Planner e Hogeboom a
Assistant Lisa Wittman. Com ioner Kluchka as absent.
d n carried unanimously to approve the
ed corrections.
2.
Informal Public H
and 308 Me er
en I Land Use Plan Map Amendment - 228
CPAM-44
ange the designation on the General Land Use Plan Map
from Schools and Religious Facilities to Low Density R~sidential to
allow for the construction of a single family home
Hogeboo ed that the State of Minnesota has identified several properties including
228 and 308 Meander Road that they have decided to sell. These properties are
currently a part of the Perpich School PUD and are guided for Schools and Religious
Facilities on the General Land Use Plan Map. He explained that the proposal is to re-
guide both properties to Low Density Residential and then rezone them both to R-1
Single Family Residential to eventually build one single family home on the 308
Meander Road property. He added that the City Council will also be considering the
removal of both parcels from the PUD in the future.
Minutes of the Golden Valley Planning Commission
April 28, 2008
Page 2
Hogeboom referred to an area map showing wetlands and stated that there are portions
of Herbaceous and Woodland area on these lots, but there is no standing water. He
stated that the City will work with the homeowner to make sure all the wetland
requirements are met.
Cera asked about the size of the parcels. Hogeboom stated that 228 Meander is
approximately 1.3 acres in size and 308 Meander is approximately 1 acre in size. He
explained that, as of now, the purchase order with the State is only for the 308 Meander
property.
Bobbie Barde
Sonneck and S
her intent
e
Keysser asked if homes could be built on both lots. Hogeboom sa'
built on both lots, but that is not the intent at this time.
Eck asked if the wetland issues would require the homeown
Hogeboom said that the City's Engineering Department hasn
wetland boundaries but he doesn't think it will affect t
ariance.
d the
ents.
Keysser asked it a condition of approval could b
allow for the subdivision of these properties in t
would be concern about future subdivision
requirements. Hogeboom stated that th
subdividing the properties would be m
amendment process. Eck added t
legally meet all of the subdivisio
sale of the properties could incl
posal that would not
arty asked why there
meet all of the subdivision
id that the issue of
ate y ndled during the PUD
i,jit'O stop a subdivision if the lots
Cera questioned if a condition of the
out future subdivisions.
Keysser asked if there a
clippings and yard waste
be responsible for in
'ronmental issues. Hogeboom stated yard
ed on the properties but that the City will not
of the properties, introduced her builder, John
lanning Director, State of Minnesota. She stated that it is
family home on the 308 Meander Road property.
"
!'
if s e has any commitment to buy the 228 Meander Road
aid she does not have a purchase agreement to buy 228 Meander
Cera rete to Ms. Bardeaux's letter submitted with her application and noted that in it
she states that she wants to respect the wetland. He asked what that means. Sonneck
clarified that the area is considered a non-wet, wetland and therefore has smaller
setback buffer requirements so they should have no wetland issues and plenty of room
to build a house on the 308 Meander property.
Keysser asked if there was a sketch of the proposed new home. Sonneck said they are
waiting on the survey of the property and the tree inventory.
Minutes of the Golden Valley Planning Commission
April 28, 2008
Page 3
Keysser asked if the lot is flat. Hogeboom said there is not a large elevation change on
the lot but they will be required to submit a drainage and erosion control plan.
Keysser opened the public hearing.
Drew Smith, 316 Meander Road, said he appreciates the Planning Commission's
discussion regarding future subdivisions of the properties because there have been
issues with other subdivisions in the neighborhood. He stated that there is a
considerable elevation change from the proposed building area down into the wetland
area. He said he is concerned about the adverse effects of drainage on t. He
noted that these lots are wet quite a lot of the time and that these lot rtant
wildlife area in the neighborhood. He said he is not opposed to de 0 t
wants to see the wetland preserved,
ecause they are trying to
to have to go through all
nage and erosion control
Paul Tolzmann, 220 Cutacross Road, said he agrees with t
comments and he feels the extent of the wetlands needs to b
decisions are made. He said he is discouraged that th
challenging lot (228 Meander) and he would enco
person. He reiterated that the area is full of wildli
Keysser said he thinks it is the State's inte
raise some revenue. He reiterated that
the environmental review processes a
process in order to build a house.
Schmidgall said he wish he ha
lot should be built on or no
lot however he is concer
nding of how it is decided whether a
ntent has always been to build a house on this
tlands.
Eck said he doesn'
is buildable. If the S
really isn't a b 'c' for
e Planning Commissions purview to determine if a lot
'ty determine that a lot is buildable then it is and there
eway.
tated that he knows the wetland issues will be addressed
processes.
, conded by Eck and motion carried unanimously to reco'tnmend
ge the designation on the General Land Use Plan Map from Schools
cilities to Low Density Residential to allow for the construction of a
orne for the properties located at 228 and 308 Meander Road.
Resolution 08- 24
May 20, 2008
Member
introduced the following resolution and moved its adoption:
RESOLUTION FOR AMENDMENT TO THE
COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP
RESPECTING PROPERTIES LOCATED AT 228 AND 308 MEANDER ROAD
WHEREAS, the City Council has met at the time and place specified in a notice duly
published with respect to the subject matter hereof and has heard all interested persons,
and it appearing in the interest of the public that the General Land Use Plan Map as
heretofore adopted and enacted by the City of Golden Valley be amended.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City
of Golden Valley, and subject to review and approval by the Metropolitan Council for
conformity with regional systems plan as provided in state law, the General Land Use Plan
Map for the City of Golden Valley is hereby amended by changing the Schools and
Religious Facilities use to Low Density Residential use as the official land use designation
for the property located at and legally described as follows:
Lots 2 & 3, Tralee Addition
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
M morandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
4. B. Public Hearing - Ordinance #398 - Rezoning to Single Family (R-1) Zoning District-
228 Meander Road and 308 Meander Road
Prepared By
Joe Hogeboom, City Planner
Summary
The State of Minnesota has reached an agreement in the sale of 308 Meander Road with
Bobbi Bardeaux. Ms. Bardeaux also will potentially purchase 228 Meander Road. It is the
intent of Ms. Bardeaux to construct a home on this property. To allow this action, Ms.
Bardeaux is requesting to amend the Official Zoning Map to remove the abovementioned
properties from the Institutional (1-1) Zoning District and add them to the Single Family (R-1)
Zoning District.
The properties, currently part of PUD #34, are accessible to a residential street. If zoning and
land use issues are resolved, Ms. Bardeaux will construct one single family home at 308
Meander Road and possibly conjoin 228 Meander Road to this property at a later date. A
wetland has been delineated on the site. Prior to issuance of a grading permit, the City
Engineer will review site plans to ensure wetland protection measures are met.
The Planning Department feels that 228 Meander Road and 308 Meander Road are
compatible to the guidelines set forth in the Single Family (R-1) Zoning District. Staff, as well
as the Planning Commission, recommends that the City Council grant the request to amend
the Official Zoning Map to rezone 228 Meander Road and 308 Meander Road to Single
Family (R-1) Residential.
Attachments
Location Map (1 page)
Memo to Planning Commission dated April 21, 2008 (1 page)
Planning Commission minutes dated April 28, 2008 (2 pages)
Letter from Bobbi Bardeaux, dated March 18,2008 (1 page)
Ordinance No. 398, Rezoning from Institutional (1-1)Zoning District to Single Family (R-1)
Zoning District, 228 and 308 Meander Road, Bobbi Bardeaux, Applicant (1 page)
Zoning Map (1 oversized page, loose in agenda packet)
Recommended Action
Motion to adopt Ordinance No. 398, Rezoning from Institutional (1-1) Zoning District to Single
Family (R-1) Zoning District, 228 and 308 Meander Road.
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l24
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Hey
Planning
763-593-8095/763-593-8109 (fax)
Date:
April 21 ,2008
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing - Amendment to the Official Zoning Map Rezoning
228 Meander Road and 308 Meander Road (Lots 2 & 3, Tralee Addition) to
Single Family (R-1) Residential- Bobbi Bardeaux, Applicant
Coinciding with the approval the General Land Use Plan Map Amendment, Bobbi Bardeaux
is requesting to amend the Offici~1 Zoning Map to remove 228 Meander Road and 308
Meander Road from the Institutional (1-1) Zoning District and add them to the Single Family
(R-1) Residential Zoning District. It is the intent of Ms. Bardeaux to construct a home on the
property.
The amendment to the Official Zoning Map is the second of three steps in securing
appropriate land use criteria for 228 Meander Road and 308 Meander Road. Following
approval of amending the Official Zoning Map, Ms. Bardeaux must appeal to the City Council
to amend PUD #34, removing the'affected properties from the PUD boundaries.
Ultimately, Ms. Bardeaux would like to construct a 3500 square foot home on the 308
Meander Road site. Ms. Bardeaux states that she will respect the character of the existing
homes in the neighborhood by using an architecturally-compatible home des~gn, and by
working with the City to maintain existing wetlands. If possible, Ms. Bardeau~ ~ould like to
purchase 228 Meander Road and adjoin it to her future lot.
Recommended Action
Staff asks for your support in recommending the amendment of the Official Zoning Map to re-
zone 228 Meander Road and 308 Meander Road to Single Family (R-1) Residential.
Attachments:
Location Map (1 page)
Letter from Bobbi Bardeaux, dated March 18, 2008
Minutes of the Golden Valley Planning Commission
April 28, 2008
Page 4
3. Informal Public Hearing - Property Rezoning - 228 and 308 Meander Road
- Z012-15
Applicant: Bobbi Bardeaux (for the State of Minnesota)
Address: 228 and 308 Meander Road
Purpose: To rezone the properties from Institutional (1-1) to Single Family
Residential (R-1) to allow for the construction of a . mily
home.
Hogeboom explained that in order to build the proposed single
properties at 228 and 308 Meander Road now need to be re
(1-1) to Single Family Residential (R-1).
e wetland
ated wetland so
a at the Engineering
d issues.
Keysser asked if the City's Engineering Department i
issues on this property. Hogeboom explained that'
several maps don't even show that it is a wetlan
Department will work with the new homeowner
Keysser asked if there are any Departm
these properties. Hogeboom said -he d
Cera questioned if the State of
request. In particular the 228M
planning on purchasing th
going to purchase both I
process. He stated that s
request on both pr ie
twice.
rces (DNR) restrictions on
are any DNR restrictions.
be the applicant for this rezoning
erty because Ms. Bardeaux isn't
m explained that Ms. Bardeaux was originally
e administrative delays in the appraisal
s e $. Bardeaux go forward with the rezoning
wouldn't have to go through the rezoning process
, Planning Director for the State of Minnesota to clarify if she
or both lots or just for 308 Meander lot. Maki said they have
for 308 Meander and they are in the process of re-
eander lot. Keysser asked if the State wants the property rezoned
idential regardless of who purchases it. Maki said yes.'
Cera e State has considered looking at the dumping issue on the properties.
Maki said just became aware of the issue recently and that typically the State sells
their property "as is".
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Minutes of the Golden Valley Planning Commission
April 28, 2008
Page 5
Keysser asked the Commissioners if they would like to recommend that the City Council
explore a way to make sure these two lots don't become three or four lots in the future.
Eck said he thinks that is up to the City Attorney. The Commissioners agreed.
MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend
approval to rezone the properties located at 228 and 308 Meander Road from
Institutional (1-1) to Single Family Residential (R-1).
Reports on Meetings of the H sing and Redevelopment
Council, Board of Zoning App 'Is and other Meetings
~
Hogeb', reminded the Commissioner hat the open hous.
comprehe . 've plan is going to be held Thursday, May 1.
5.
,).
\
Presentation - Ma
1-394 Phase II Plannin
Hogeboom introduced Mary Vogel
Changing Landscape. He stated t
few weeks ago and the Council
their feedback and about pos .
comprehensive plan.
enter for
entation to the City Council a
ent it to the Planning Commission for
y to the City's updated
hen they did their own 1-394
. University's study but the
een working .
Highway Ad'
entifying way
nflgurations that wou
e selected transit cd'
the corridor that would s
their study for ap' imately one year which
. istration. She explai . hat there were three
o improve traffic flow i corri~or,
work in the corridor and s ing, the land
iguration. Her group specifi rooked at
ort a transit spine along the s, frontage
Vogel ferred to maps from her study and
ped trian and vehicular circulation. She a
d ity residential and office/commercial u
r ear drainage ponds that would be used t
scussed hydrological features and I, i
discussed the plans to include higher'
close to the highway and a series of
. uffer the residential areas.
March 18,2008
Mark Grimes, City Planner
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Request for Re-Zoning in Residential Neighborhood
This letter is to request zoning approval for a residential single family dwelling at 308 Meander Avenue in the
City of Golden Valley. Apparently, the current zoning is institutional as it was part of the Perpich Center for
the Arts project several years ago. The lot is being sold by the State of Minnesota and we currently have a
purchase agreement in process.
We are proposing an approximately 3500 square foot single family home built by Charles Cudd Signature
Homes. It is important to uS to "blend" with the existing neighborhood and respect the apportioned
wetlands. The lot is more than one acre in size and this build will preserve the single-dwelling large lot
theme of the Meander neighborhood.
We also request that the City of Golden Valley clean up the lot as it has obviously been used for a public
dumping site for many years. We would like to start the project as SOon as possible and complete the build
no later than six months after aj:>proval.
For additional information, please contact me at (612) 269-9236.
Sincerely,
80bbi Bardeaux
ORDINANCE NO. 398, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning from Institutional (1-1) Zoning District
to Single Family (R-1) Zoning District
228 and 308 Meander Road
Bobbi Bardeaux, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, Section 11.30, Subd. 2 by changing the zoning
designation of certain tracts of land from Institutional (1-1) Zoning District to Single
Family (R-1) Zoning District
Section 2. The tracts of land affected by this ordinance are legally described
as:
Lots 2 & 3, Tralee Addition
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 20th day of May, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
alley
Memorand m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
4. C. Continued Public Hearing - Ordinance #397 - Amending City Code - Adopting the 1-394
Mixed Use Zoning District
Prepared By
Joe Hogeboom, City Planner
Summary
The City had brought forward the request to approve the creation of the 1-394 Mixed Use
Zoning District at the May 6,2008 Council meeting. This item was tabled to the May 20,2008
Council Meeting. The City is requesting the approval of Ordinance #397, creating the 1-394
Mixed Use Zoning District by amending City Code. The District, which requires integrating
development of compatible land uses strategically, has language that has been specifically
derived for the 1-394 Corridor. The creation of the 1-394 Mixed Use Zoning District will
facilitate the separate process of rezoning properties within the Corridor boundaries. (The
district must be established prior to the rezoning of properties.)
In December of 2007, the Land Use Plan Map was changed to reflect 1-394 Mixed Use
Zoning. State law requires zoning designations to be compatible with land use categories.
Staff and the Planning Commission have worked to refine the language of the 1-394 Mixed
Use Zoning District. After an extensive review period, the final draft of the 1-394 Mixed Use
Zoning District has been recommended to you by the Planning Commission. Director of
Planning and Development Mark Grimes has since revised the language contained in Section
11.48 Subdivision 4(A) and (8) to better reflect the intent of the Planning Commission.
Attachment
Memo to Planning Commission dated April 9, 2008 (1 page)
Planning Commission Minutes dated April 14, 2008 (3 pages)
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 (11 pages)
Location Map (1 page, loose in agenda packet)
Recommended Action
Motion to adopt 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.
Planning
763-593-8095/763-593-8109 (fax)
Date:
April 9, 2008
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing: Amendment to the City Code Adding the 1-394 Mixed
Use Zoning District
After extensive review of the language contained within the proposed 1-394 Mixed Use Zoning
District, the Planning Department requests your recommendation of approval of the creation of
the 1-394 Mixed Use Zoning District (Section 11.47 of City Code.) It is the intent of the City to
ultimately rezone the properties located in the 1-394 Corridor Study Area with this zoning
classification.
In December, 2007, the land Use Plan Map was changed to reflect the 1-394 Mixed Use
Zoning District. State law requires zoning designations to comply with land use categories. The
adoption of the 1-394 Mixed Use Zoning District will facilitate this process. These changes
reflect recommendations made by the 1-394 Corridor Study Report. The report and its findings
were presented to the Planning Commission in February 2007. At that time, affected property
owners were also informed of the findings. Since that time, with the direction of the Planning
Commission, staff have revised various language contained in the Ordinance.
Staff asks for your support in recommending adoption of an ordinance amending City Code to
add the 1-394 Mixed-Use Zoning District.
Attachments:
March 10, 2008 Unapproved Planning Commission Minutes (4 pages)
Memo from Joe Hogeboom dated March 11, 2008 (2 pages)
Proposed Ordinance related to Mixed-Use Zoning District (11 pages)
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 7
3. Informal Public Hearing - Zoning Code Amendment - Adopting the
Mixed Use Zoning District for the 1-394 Corridor area
Applicant: City of Golden Valley
Purpose: To adopt the 1-394 Corridor Mixed Use Zoning District
Hogeboom reminded the Planning Commission that the General Land Use Plan
map was amended in December of 2007 to re-designate the properties in the 1-394
Corridor study area to Mixed Use. He referred to the proposed new Mixed Use
zoning district language and noted that he added a definition for sustainable
development as directed and incorporated the changes the Commissioners
suggested the last time they reviewed it.
Keysser asked how non-conforming properties will be treated. Hogeboom
explained that this public hearing is to adopt the zoning district language and that
the properties themselves will be rezoned to Mixed Use in the future. Grimes
explained that all non-conforming properties will be allowed to remain as is.
Kluchka said he likes the proposed new definition for sustainable development.
Cera said he didn't like the language about environmental degradation because it
leaves a loophole. Hogeboom said it is difficult to come up with an objective
definition for sustainable development. Cera said he would rather have no
definition than the new one being proposed. Schmidgall said he likes the definition
that was used in the comprehensive plan. McCarty said he thinks the people that
will use this ordinance will know what sustainable means. The Commissioners
agreed to use the definition used in the comprehensive plan as follows:
Development that meets the needs of the present without compromising the ability
of future generations to meet their own needs.
Waldhauser referred to Subdivision 7(C)(2) regarding minimum density and
suggested the language in the parentheses be struck. The Commissioners agreed.
Cera referred to Subdivision 7(0) regarding maximum floor area ratio and asked
what the 0.6 means. Grimes explained that properties with a floor area ratio over
0.6 means that they have to have a traffic management plan.
McCarty referred to Subdivision 8(E)(2) regarding building materials and stated he
doesn't think they need to require at least 20% of the fac;ade facing the primary
street be faced with Kasota stone or other indigenous dolomitic limestone because
he doesn't want to limit architectural freedom. Grimes noted that Subdivision 9
regarding alternative approaches to development standards allows for some
flexibility.
Schmidgall said he likes the stone requirement because it "sets the bar" a little
higher. McCarty said he doesn't want every building to look the same. Keysser
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 8
agreed with McCarty and said he does not want design limits or criteria. Kluchka
said they can't assume that every developer is going to build something nice. He
added that. if the language regarding building materials is left in the ordinance then
they can be sure there is a certain level of quality. Keysser stated that requiring
20% of the front fagade to be stone does not guarantee quality, it just guarantees a
certain look. Waldhauser suggested the language say stone or an equivalent
quality product.
Grimes referred to Section 11.48, Subdivision (4)(A) regarding site plan application
and pointed out that there is a site plan review process for building plans which do
not involve a variance or conditional use. Keysser said he would like the Planning
Commission to have a design review function for whatever materials a developer
proposes. Waldhauser said she thought they were trying to avoid being a design
board. Keysser said he thinks some of the requirements could be taken out of
Subdivision 8(E). Grimes explained that the City also has a Building Board of
Review that reviews site plans as well. Keysser said he would like to take out the
building materials requirements and have the Planning Commission have the
authority to review development standards. Kluchka said he wants to ensure
quality, not necessarily design. McCarty asked who is going to define quality and
aesthetics. He suggested not reviewing design standards at all. Grimes reiterated
that there is a site plan review process in the proposed new ordinance.
Keysser opened the public hearing.
Steve Fichtel, 435 Idaho Avenue North, stated that there will be quite a few
existing developments such as the Golden Hills Office Park that will become non-
conforming. Grimes stated developments that are in a PUD will be considered
conforming.
Fichtel said he has a concern about this ordinance not encouraging re-use or re-
adaptive use of buildings. McCarty noted that the language regarding sustainable
development somewhat addresses that issue.
Fichtel said that the more accommodations that are made for cars the more
prevalent cars become and he doesn't think on-street parking is being encouraged.
Grimes stated that the availability of on-street parking depends on the street. He
noted that this proposed ordinance puts parking areas in the back of the buildings
but that the City would encourage on-street parking where it is feasible.
Fichtel referred to Subdivision 6(G) regarding maximum impervious coverage and
noted that it says in this subdivision that the maximum impervious coverage is 65%
but later in a different subdivision it says that 15% of the site has to be green. He
questioned if those two amounts should total 1 00%. Waldhauser agreed that the
gap in those numbers should be addressed. Grimes explained that the 15%
requirement is required open space, not green space so it could consist of a plaza,
park, play area, trails, etc.
Minutes of the Golden Valley Planning Commission
April 14, 2008
Page 9
Seeing and hearing no one else wishing to comment, Keysser closed the public
hearing.
Kluchka referred to the parking requirements and said that it seems to say that the
City really wants parking to be on the side or to the rear of buildings. He said he
wants the City to allow and encourage on-street parking. Grimes stated that if a
street is wide enough the City won't limit on-street parking. Cera suggested adding
the words "off-street" to the first sentence in Subdivision 8(G).
Kluchka asked if the Planning Commission could get the City Attorney's opinion on
whether or not they have the ability to say no to a project based on design
requirements. Grimes said he would have the City Attorney write an opinion.
MOVED by McCarty, seconded by Cera and motion carried unanimously to
recommend the Adoption the Mixed Use Zoning District for the 1-394 Corridor area
4. Reports on Meetings of the Housing and Redevelopment Authority,
City Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
5. Other Business
Keysser reminded the Commissioners that they can sign up for the GTS land use
workshops
6. Adjournment
The meeting was adjourned at 10:05 pm.
Lester Eck, Secretary
ORDINANCE NO. 397, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
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
ADOPTION OF SECTION 11.48 - SITE PLAN REVIEW
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. Section 11.03 is amended by adding the following as new paragraphs in
alphabetical order and renumbering the remaining paragraphs:
"Display Window" - A window at street level, typically part of a storefront facade,
used to display merchandise.
"Live-Work Unit" - A dwelling unit in combination with a shop, office, studio, or other
work space within the same building, where the resident occupant both lives and works.
"Park" - An open space with natural vegetation and landscaping, which may include
recreational facilities, designed to serve the recreation needs of the residents of the
community.
"Play Area" - A small park developed primarily for use by children, which typically
contains play equipment, seating, and may include other facilities such as basketball or
tennis courts.
"Plaza" - An open space that is generally open to the public and used for passive
recreational activities and relaxation. Plazas are areas typically provided with amenities
such as seating, paving, water features, public art, shade trees, grass and other
landscaping.
"Sustainable Development" - Development 'Nhich engages diverse stakeholders in
respeotful and open decision making prooesses, expresses values that have been adopted
by the oommunity, foouses on long term land use issues, 'Norks to'.\'ord equitable
distribution of resources, and is socially acceptable to its surroundings and to the
community as a whole. Sustainable development must minimize environmental degradation
and meet or exceed standards set forth by the United States Environmental Protection
/\gency (EPI\). Sustainable development must prove its ability to be compatible for current
and future uses. Development that meets the needs of the present without compromisinq
the ability of future Qenerations to meet their own needs.
Section 2. Section 11.12 of the City Code is hereby amended by changing it to read
as follows:
SECTION 11.12. PRINCIPAL STRUCTURE ON ONE LOT. In all of the zoning
distriots, Except for properties within the 1-394 Mixed Use ZoninQ District or reQulated under
the Planned Unit Development ReQulations of this Chapter. every principal structure
erected in the City after the effective date of this section (October 3, 1991) shall be located
on a separate lot and in no case shall there be more than one principal structure on a lot.
Section 3. A new Section 11.47 entitled 1-394 Mixed Use Zoning District, is hereby
adopted to read as follows:
SECTION 11.47.1-394 MIXED USE ZONING DISTRICT.
Subdivision 1. Purpose. The City of Golden Valley has undertaken a study
of the 1-394 Corridor with the intent of improving the area's cohesiveness, attractiveness,
and sustainability. The purpose of the 1-394 Mixed Use ("MU") Zoning District is to
implement the principles and recommendations of the 1-394 Corridor Study. The principles
are as follows:
A. Enable the corridor to evolve toward a diverse mix of land uses,
including residential as well as commercial and industrial.
B. Maximize integration rather than separation of land uses, where
appropriate.
C. Maintain the corridor as an employment center.
D. Improve the visual coherence and attractiveness of the corridor.
E. Improve connectivity for all modes of transportation.
F. Foster neighborhood-serving retail and services.
G. Maintain or improve the functioning of intersections and. highway
interchanges.
H. Foster sustainable development and 'Nork to establish a balance
between urban and natural systems.
The District includes specific standards for building form, height, bulk and placement in
order to encourage development that is varied, visually appealing, accessible to non-
motorized transportation and pedestrian-oriented. It is designed to complement the
standards of the 1-394 Overlay District.
Subdivision 2. District Established. Properties shall be established within
the 1-394 MU Zoning District in the manner provided for in Section 11.90, Subdivision 3 of
this Chapter. The district thus established and/or any subsequent changes to such district
shall be reflected in the official zoning map of the City as provided in Section 11.11 of this
Chapter.
Subdivision 3. Permitted Uses. The following uses are permitted in the
1-394 MY Mixed Use Zoninq District:
A. Multiple Dwelling (three or more units)
B. Elderly and Handicapped Housing
C. All permitted uses in the Commercial Zoning District, provided that
such uses are combined with other permitted or conditional uses within a mixed-use
building, and that the gross floor area occupied by any such single use shall not exceed
10,000 square feet.
D. Class I and III Restaurants
E. Business and professional offices, provided that the gross floor area
occupied by the use(s) on any lot shall not exceed 10,000 square feet.
F. Medical clinics
G. Live-work units
H. All uses permitted in the Institutional Zoning Districts, 1-1 through 1-3
I. Child Care Facilities
J. Adult Day Care Centers
K. Structured parking accessory to any permitted use
Subdivision 4. Conditional Uses.
A. Class II Restaurants
B. Any permitted use in the Commercial zoninq district commercial use
or restaurant in a free-standing building.
C. Any permitted or conditional use allowed in the Commercial zoninq
district commercial use occupying more than 10,000 square feet of gross floor area.
D. Business and professional offices occupying more than 10,000
square feet on any zoning lot. The City Council may establish a maximum amount of office
development that will be permitted on any zoning lot, based upon traffic studies as required
by the 1-394 Overlay Zoning District, using appropriate minimum Levels of Service.
E. Research and development laboratories
F. Convenience stores, including the sale of gasoline.
G. Drive-in or drive-through facilities accessory to any permitted or
conditional use.
H. Buildings exceeding the height limits specified in Subdivision 6(D).
Subdivision 5. Standards for Live-Work Units. The purpose of a live-work
unit is to provide a transitional use type between a home occupation and a larger
commercial enterprise., and to provide neighborhood oriented commercial services, while
maintaining a generally residential character in which the work space is subordinate to the
residential use.
A. The work space may be located on any floor of the building, but
businesses serving the public shall generally be located on the first floor for accessibility.
Office or studio spaces or other low-traffic activities may be located on upper floors or
basements.
B. The dwelling unit component shall maintain a separate entrance
located on the front or side facade and accessible from the primary abutting public street.
C. The work space component of the unit shall not exceed thirty (30)
percent of the total gross 'Roorarea of the unit.
Q. C. A total of two off-street parking spaces shall be provided for a
live-work unit, located to the rear of the unit, or in an underground or enclosed space.
€ D. The business component of the building may include offices,
small service establishments, home crafts which are typically considered accessory to a
dwelling unit, or limited retailing (by appointmont only) associated with fine arts, crafts, or
personal services. It may not include a wholesale business, a manufacturing business, a
commercial food service requiring a license, a limousine business or auto service or repair
for any vehicles other than those registered to residents of the property.
P: E. The business of the live-work unit must be conducted by a person
who resides in the dwelling unit. The business shall not employ more than two workers on-
site at anyone time who live outside of the live-work unit.
F. All buildinQs that permit live-work units shall adopt rules to regulate
their operations in order to ensure that live-work units function harmoniouslv with other
IivinQ units within the buildinQ.
Subdivision 6. Dimensional Standards.
A. Minimum front yard setback, buildings:
1. Nonresidential or mixed uses facing an R-1 zoning district
across a public street: 75 feet (measured from right-of-way)
2. Residential uses facing an R-1 zoning district across a public
street: 30 feet.
3. Buildings with residential uses at ground level: 10 feet from
edge of right-of-way.
4. Buildings with nonresidential uses at ground level: no
minimum setback.
5. All setbacks shall be landscaped according to the standards
of Subdivision 8 hereof.
B. Front, side and rear yard setbacks, surface parking: at least 15 feet,
landscaped according to the standards of Subdivision 8 hereof.
C. Side and rear yard setbacks, buildings:
1. Adjoining an R~ 1 or R-2 zoning district: 50 feet
2. Adjoining any other district: 10 feet
D. Maximum height: three height subdistricts, designated as "A"
through "C" are established, as shown on Figure 1. Maximum height shall not exceed the
following except by Conditional Use Permit:
1. Subdistrict A (Low): three stories
2. Subdistrict B (Medium): six stories
3. Subdistrict C (High): 10 stories
E. Transitional height. Buildings or portions of buildings located within
75 feet of a residential district boundary shall not exceed the maximum height permitted
within that residential district.
F. Minimum height. 2 stories. Buildings occupying 10,000 5,000
square feet or more must be two stories in height. A one-story wing or section of a taller
building may be permitted if it comprises no more than 25% of the length of the fa<;ade.
G. Maximum impervious coverage. The maximum impervious
coverage is 65%.
Subdivision 7. Density and Mix of Uses. Mix of uses, minimum densities
and floor area ratios are established to ensure that new development or redevelopment
achieves the goals of the 1-394 Corridor Study and contributes to a lively, pedestrian-
oriented environment.
A. Required mix of uses. Development sites over ~ one acres in size in
height subdistrict C shall include at least two use types from the following categories:
1. Residential
2. Commercial
3. Office
4. Other, including studios and other live~work uses
B. Required open space. Development sites over twa one acres in size
shall reserve at least 15% of the site as ~ designed and landscaped open space, consisting
ef-a plaza, green, park, play area, trail or parkway or combination thereof.
C. Minimum density, residential development
1. If housing is part of a mixed use development, no minimum
density is required.
2. Freestanding residential buildings shall be developed at a
minimum density of 15 units per net residential acre, with the exception of buildings or
portions of buildings located within 75 feet of a residential district boundary (no minimum
density applies in this transitional area).
D. Maximum floor area ratio. Non-residential and mixed uses: 0.6
except by Conditional Use.
Subdivision 8. Development Standards. This section establishes objective
development standards for all uses within the District. Standards are intended to encourage
creative and sustainable approaches to development, and therefore allow some degree of
flexibility in that some are mandatory and others are suggested:
A. Building placement. Buildings shall be placed close to the adjacent
primary street where practicable. Primary streets include: Laurel Avenue and the north-
south streets of Xenia, Colorado, Hampshire, Louisiana, Pennsylvania and Rhode Island.
(Additional primary streets may be established in the future.) Parking and services uses
should be located in the interior of the site in order to create a vibrant pedestrian
environment, slow traffic, and increase the visual interest and attractiveness of the area.
B. Building design. Building facades over 30 feet in length shall be
visually divided into smaller increments by architectural elements such as recesses,
openings, variation in materials or details. Building tops shall be defined with the use of
architectural details such as cornices, parapets, contrasting materials or varied window or
roof shapes. Buildings should have a defined base, middle and top, and employ elements
that relate to the human scale and appeal to the pedestrian, such as awnings, windows or
arcades.
C. Transparency. Views into and out of nonresidential buildings shall
be provided to enliven the streetscape and enhance security.
1. Where nonresidential uses occupy the ground floor level,
window and door openings shall comprise at least 60% of the length and 30% of the area
of the ground floor fac;ade facing the primary street and shall be located between three and
eight feet above the adjacent grade level. Window and door or balcony openings shall
comprise at least 15% of upper stories and side and rear facades.
2. Where residential uses occupy the ground floor level, window
and door openings shall comprise at least 20% of the primary fac;ade and 15% of each side
and rear fac;ade.
3. Window and door openings shall be clear or slightly tinted to
allow unobstructed views into and out of buildings. Views shall not be blocked between
three and eight feet above grade by storage, shelving mechanical equipment or other visual
barriers, Display windows, if designed to provide equivalent visual interest, may be
considered as an alternative approach as provided in Subdivision 8, The display area
behind the window shall be at least four feet deep and shall be used to display
merchandise,
D. Building entrances. Building entrances shall be provided on the
primary street on which the building fronts, in addition to any entrances from rear or side
parking areas, Street entrances shall be lighted and defined by means of a canopy, portico,
recess, or other architectural details.
E Building materials.
1, Exterior wall finish, Exterior wall surfaces of all buildings,
excluding those portions of foundation walls extending above finished grade, shall be faced
with glass, exterior cement plaster (stucco), natural stone, brick, architectural concrete,
non-corrugated metal, or an equivalent or better. Use of masonry and other durable
materials is preferred, Except for glass, all exterior wall material shall be inteorall't' colored.
all color shall be integral to the exterior 'Nail finish material.
2, At least 20% of the fa9ade facing the primary street shall be
faced with Kasota stone or other indigenous dolomitic limestone.
3, When used as architectural trim, up to 15% of the exterior
wall surface of a building elevation may be wood, metal, exterior insulation finish system
(EIFS) or other equivalent materials as approved by the Director of Planning and
Development.
4. Fa9ade treatment. All building facades shall be constructed
with materials of equivalent levels of quality to those used on the front fa9ade, except
where a fa9ade is not visible to the public.
F. Building colors. Bright or primary colors shall be limited to 15% of all
street-facing facades and roofs, except when used in public art or on an awning,
G. Parking location. Off-street P-parking shall be located to the side and
rear of buildings to the maximum extent feasible. Off-street P-parking within front yard
setbacks between buildings and the primary street shall be limited to a maximum depth of
40 feet. On-street parking will be encouraoed where appropriate and feasible.
H, Parking screening. Parking areas shall be screened from public
streets, sidewalks and paths by a landscaped frontage strip at least five feet wide. If a
parking area contains over 100 spaces, the frontage strip shall be increased to eight feet in
width.
1. Within the frontage strip, screening shall consist of either a
masonry wall, berm or hedge or combination that forms a screen a minimum of 3,5 and a
maximum of four feet in height, and not less than 50% opaque on a year-round basis.
2. Trees shall be planted at a minimum of one deciduous tree
per 50 feet within the frontage strip.
I. Structured parking. The ground floor facade of any parking structure
abutting any public street or walkway shall be designed and architecturally detailed ina
manner consistent with adjacent commercial or office buildings.
1. Upper floors shall be designed so that sloped floors typical of
parking structures do not dominate the appearance of the fa<;ade.
2. Entrance drives to structured parking (including underground
parking) shall be located and designed to minimize interference with pedestrian movement.
Pedestrian walks should be continued across driveways.
3. The appearance of structured parking entrances shall be
minimized so that they do not dominate the street frontage of a building. Possible
techniques include recessing the entry; extending portions of the structure over the entry;
using screening and landscaping to soften the appearance of the entry; using the smallest
curb cut and driveway possible; and subordinating the parking entrance (compared to the
pedestrian entrance) in terms of size, prominence, location and design emphasis.
J. Pedestrian circulation.
1. Sidewalks shall be required along all street frontages, and
sidewalk and trail design shall be consistent with the City of Golden Valley Public Sidewalk
and Trail Policy.
2. A well-defined pedestrian path shall be provided from the
sidewalk to each principal customer/resident entrance of a building. Walkways shall be
located so that the distance between street and entrance is minimized. Walkways shall be
at least six feet in width, and shall be distinguished through pavement material from the
surrounding parking lot. Walkways shall be landscaped for at least 50% of their length with
trees, shrubs, flower beds and/or planter pots.
3. Sidewalks of at least six feet in width shall be provided along
all building facades that abut public parking areas.
4. Sidewalks shall be maintained by the adjacent property
owner.
K. Drive-through facilities.
1. Drive-through elements shall not be located between the front
fa<;ade of the principal building and the street. No service shall be rendered, deliveries
made or sales conducted within the required front yard, although tables may be provided
for customer use.
2. Site design shall accommodate a logical and safe vehicle and
pedestrian circulation pattern. Adequate queuing lane space shall be provided, without
interfering with on-site parking/circulation.
3. Drive-through canopies and other structures, where present,
shall be constructed from the same materials as the primary building, and with a similar
level of architectural quality and detailing.
4. Sound from any speakers used on the premises shall not be
audible above a level of normal conversation at the boundary of any surrounding residential
district or on any residential property.
L. Outdoor seating and service areas. Outdoor seating and garbage
receptacles are encouraged within front, side or rear setback areas, and temporary seating
may be permitted within rights-of-way, provided that sidewalks remain clear to a width of
five feet. Service windows for serving food and beverages may be permitted as part of any
building fayade. Garbage receptacles shall be maintained by the property owner.
M. Public art. Public art is encouraged as a component of new
development within the I 394.
Subdivision 9. Alternative Approaches to Development Standards.
Although many of the development standards in this Section are mandatory, there may be
other ways to achieve the same design objective. The City may permit alternative
approaches that, in its determination, meet the intent of the development standards equally
well or when specific physical conditions of the site or building would make compliance
infeasible or inappropriate.
Section 4. A new Section 11.48 entitled Site Plan Review, is hereby adopted to read
as follows:
SECTION 11.48. SITE PLAN REVIEW.
Subdivision 1. Purpose. Site plan review standards are established to
promote development that is compatible with nearby properties, neighborhood character
and natural features, and consistent with the comprehensive plan and/or area plans
adopted by the City Council. The regulations in this Section are intended to minimize
pedestrian and vehicular conflict, to promote public safety, and to encourage a high quality
of development. The regulations recognize the unique character of land and development
throughout the City and the need for flexibility in site plan review.
Subdivision 2. When Required. Within the 1-394 Mixed Use Zoning District,
site plan approval is required prior to issuance of a building permit for any proposed
construction or issuance of a zoning certificate for any proposed use, with the following
exceptions:
A. Construction or alteration of an accessory structure. single family
d'.velling or accessory building;
B. A use within an existing building that has received site plan
approval, if the establishment of the use does not alter the approved site plan for the
property.
C. Proposed modifications that are strictly related to the interior of the
building.
D. Modifications, additions, or enlargements to a building which do not
increase the gross floor area by more than 500 square feet or 10%, whichever is less, and
which do not require a variance from the provisions of this ordinance.
E. Alteration or expansion of an existing parking lot that results in a
change of no greater than 10% of the total number of parking spaces.
F. Grading or site preparation that results in minor modifications to the
existing site, as approved by the City Engineer.
Subdivision 3. Required Information. All site plans shall be drawn to scale
and shall contain all the following information, except to the extent specifically waived in
writing by the Director of Planning and Development:
A. Project name, location, developer, and designer of the project.
B. Evidence of ownership or an interest in the property.
C. Property dimensions and boundaries.
D. The existing and intended use of the property and all structures
upon it, including floor area, number of dwelling units proposed, parking, circulation,
landscaping, signage, and stormwater management and snow storage facilities.
E. Any other information deemed necessary by the Director of
Planning and Development.
Subdivision 4. Site Plan Application. Applications for site plan approval
shall be made on forms provided by the City.
A Site and building plans 'Nhich do not involve a varianoe or
conditional use, and do not involve other m3tters requiring consider3tion by the Planning
Commission or City Council m3Y be approved by the Director of PI3nning and
Development. An administrati'.'e revielt.' shall be completed within 30 days of receipt of
complete plans, and the applicant will be notified by mail. /\dministrative decisions may be
appealed to the Planning Commission.
B. Site or building plans involving a oonditional use, or other matters
requiring consideration by the Planning Commission shall be revie'.\'ed by that body. The
Pbnning Commission shall make findings and recommend3tions to the City Counoil.
A. Site or buildino plans shall be approved by the Plannino Commission. The
approval shall be completed within 30 days of receipt of complete plans. The applicant shall
be notified by U.S. mail of the decision of the Planning Commission. Within 30 days of the
decision of the Plannino Commission. the applicant may file a written appeal of the decision
to the Director of Plan nino and Development. thereby appealino the Plannino Commission
decision to the City Council. The City Council shall. within 30 days from the date of such
appeal. make its findinQs and determinations with respect to the appeal and serve written
notice to the appellant by U.S. mail.
B. All developments that require 1) a variance and 2) site and building
plan review shall obtain the variance prior to startinQ the buildinQ or site plan review
process. C. Site or building plans involving a variance sholl be reviewed deoided by the
Board of Zoning /\ppeals.
Subdivision 5. Site Plan Review Standards. Site plans shall be reviewed
with reference to:
A. Conformance to the applicable standards of the City Code and other
city requirements
B. Where applicable, consistency with the development standards and
objectives established for the 1-394 Mixed Use Zoning District or specific areas or districts
in the Comprehensive Plan or other area plans adopted by the City.
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 6. This Ordinance shall take effect after its publication as required by law.
Adopted by the City Council this 20th day of May, 2008.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
~lley
Me randum
Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
May 20, 2008
Agenda Item
6. A. Liquor License Renewal Hearing, Webb Golden Valley, LLC d/b/a Good Day Cafe
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
Webb Golden Valley, LLC d/b/a Good Day Cafe, 5410 Wayzata Boulevard, currently has a
liquor license that will expire on June 30, 2008. Letters were sent to the owner, Mr. David
Webb, on April 17, 2008 to inform him that if he intends to renew the liquor license for 2008-
2009 a renewal application shall be submitted by April 30, 2008. Mr. Webb was also informed
in the letter dated April 17, 2008 that he is currently operating the business without a
Certificate of Occupancy. This is a result of not completing building permit #31997 and
pluming permit #33631. The letter dated April 17. 2008 informed Mr. Webb that prior to
submitting a liquor license renewal application to the City the following shall be completed:
building permit #31997, plumbing permit #33631, property maintenance compliance orders
dated April 8, 2008, parking lot pavement patch repair, debris and litter removed from the
site.
On May 1, 2008 a letter was sent to Mr. Webb informing him that due to failure to complete
the requirements, a hearing on the liquor license renewal will be held before the City Council
at 7pm on May 20, 2008.
On May 7, 2008 a City building inspector was scheduled to do a final inspection for building
permit #31997 and plumbing permit #33631. The inspector verified that the work was
completed for both permits. Also completed were the parking lot repairs. City staff has
verified that the property maintenance violations have not been completed.
Recommended Action
Motion to deny renewal of the liquor license for 2008-2009 until city requirements are
completed.