07-07-09 CC Minutes
Regular Meeting
of the
City Council
July 7,2009
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on July 7,2009 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager, Director of Public Works, Jeannine Clancy,
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Presentation of 2009 Minnesota Association of Government Communicators Award
of Excellence and Best of Show -"Three Words" Firefiahter Recruitment Campaian
Mayor Loomis introduced the item. Cheryl Weiler, Communications Coordinator, stated
the Minnesota Association of Government Communicators (MAGC) presents these awards
annually to recognize the best in Minnesota government communications. Northern Lights
judges gave the "Three Words" Campaign an award of excellence in the marketing plans
category and the year's top honor, Best of Show.
The Council congratulated staff for their achievement.
Approval of Aaenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of July 7,2009 as submitted.
Approval of Consent Aaenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of July 7,2009 as submitted.
*Approval of Minutes - City Council Meetina - June 2.2009
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
City Council Meeting minutes of June 2, 2009 as submitted.
*Bills and Claims
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
Regular Meeting of the City Council
July 7, 2009
Page 2
*Solicitor's License - Edward Jones
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Edward Jones.
*Solicitor's License - Oak Grove Church
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Oak Grove Church.
*Solicitor's License - Twin Cities Sidina Professionals
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for Twin City Siding Professionals.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - June 8, 2009
Board of Zoning Appeals - May 26, 2009
Joint Water Commission - April 1, 2009
Envision Connection Project Board of Directors - May 20,2009
Open Space and Recreation Commission - April 27, 2009
Bassett Creek Watershed Management Commission - April 16, 2009
*Bid - Xerxes Avenue Rehabilitation and Authorization to Sian Aareement with City of
Minneapolis for Roadwav Iml)rovements
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager to sign the agreement with the City of Minneapolis road
improvements for Xerxes Avenue North, Plymouth Avenue and McNair Avenue North.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid
for Xerxes AVeneu North, Plymouth Avenue and McNair Avenue North road improvements
to the lowst responsible bidder, Hardrives, Inc. for $331,174.57. The bids are as follows:
Hardrives, Inc.
Northwest Asphalt, Inc.
Ashpalt Surface Technologies, Inc.
North Valley, Inc.
Midwest Asphalt Corp.
C.S. McCrossan, Inc.
Bituminous Roadways, Inc.
$331,174.57
336,089.82
376,538.83
376,538.83
375,470.35
423,039.20
439,262.50
Regular Meeting of the City Council
July 7,2009
Page 3
*Quote - Variable Freauency Drive for Deep Well Pump
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
purchase of a variable frequency drive for the deep well from the lowest responsible bidder,
MTI Distributing for $24,137.37, including sales tax. The quotes are as follows:
MTI Distributing
Midwest Pump and Control
$24,137.37
26,235.24
*Native Plant Installation - 2009 Pavement Manaaement Proaram - Quote
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the
contract to Minnesota Native Landscapes, Inc. in the amount of $30,093.10 for the 2009
PMP Native Plant Installation Project.
Minnesota Native Landscapes, Inc.
Prairie Restroration, Inc.
$30,093.10
36,302.90
*Approval of One Year Extension for Filina of Plat - Lots 11 and 12. Block 3, Glen
Urban 2nd Addition (Janalyn Circle and Glencrest Road)
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve an
extension until July 13, 2010 to submit the final plat for Lots 11 and 12, Block 3, Glenurban
2nd Addition.
*Approval of Six Month Extension for Filina of Plat -1425 Rhode Island Avenue North
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve an
extension until January 13, 2010 to submit the final plat for 1425 Rhode Island Avenue
North.
* Authorizina Acceptance of a Traffic Safety Grant
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09-39
RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY GRANT
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Regular Meeting of the City Council
July 7,2009
Page 4
*Approval of Reauests for Beer and/or Wine at Brookview Park
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
requests for beer and/or wine at Brookview Park as recommended by staff.
*Authorization to Sian Aareement with Brookstone-Vanman, LLC for Riaht-of-Wav
Landscapina and Maintenance - Golden Vallev Road and Winnetka Avenue North
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
Mayor and City Manager to sign the agreement with the Brookstone-Vanman, LLC for
landscaping and maintenance.
*Authorizina Submittal of Federal Transportation Enhancement Fund Grant
Application - Sidewalk Reconstruction - Doualas Drive
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 09- 40
RESOLUTION AUTHORIZING SUBMITTAL OF A FEDERAL TRANSPORTATION
ENHANCEMENT FUND GRANT APPLICATION TO RECONSTRUCT SIDEWALK ON
DOUGLAS DRIVE BETWEEN GOLDEN VALLEY ROAD AND MEDICINE LAKE ROAD
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Public Hearina - Preliminary Desian Plan Approval - PUD #108 - Xenia Rid~e - 700
and 800 Xenia Avenue South - OPUS Northwest LLC., Applicant
David Menke, Opus Northwest, reviewed the plan and answered questions from the
Council.
Mark Grimes, Director of Planning and Development, and Thomas Burt, answered
questions from the Council.
Dave Cera, Planning Commissioner, presented the Commission report and answered
questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Regular Meeting of the City Council
July 7, 2009
Page 5
Public Hearing - Preliminary Design Plan Approval - PUD #108 - Xenia Ridge - 700
and 800 Xenia Avenue South - OPUS Northwest. LLC.. Applicant - Continued
Bruce Barkosky, 5901 laurel Avenue, stated the site is deteriorating, feels when things
start to go they go fast, this is an issue as far as what to do then, do you keep granting
extensions, and wanted to know if granting the extensions chases away other potential
developers from coming in.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
preliminary design plan, Xenia Ridge, PUD NO.1 08, subject to the following conditions and
findings:
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, including a detailed
balcony lighting plan, will be further reviewed to insure 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 Development, dated April 7, 2008 shall become
a part of this recommendation. This includes OPUS signing an agreement with the City
of Golden Valley that would agree to payment of special assessments for street and
other public improvements. OPUS would also waive their right to appeal special
assessments as part of this agreement.
5. The findings and recommendations in the memo from Ed Anderson, Deputy Fire
Marshal to Mark Grimes, Director of Planning and Development and dated May 19,
2009 shall become a part of this recommendation.
6. A snow storage plan shall be submitted before approval of the Final Plan.
7. The existing buildings on the site shall be demolished within 90 days of approval by the
City Council of the Final PUD Plan.
8. Prior to demolition of the existing buildings on the site the buildings shall be secured in
a manner acceptable to the Golden Valley Public Safety Department and Building
Inspections Department.
Findings:
1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and design than generally expected under
conventional provisions of the ordinance.
Regular Meeting of the City Council
July 7,2009
Page 6
Public Hearina - Preliminary Desian Plan Approval - PUD #108 - Xenia Ridae - 700
and 800 Xenia Avenue South - OPUS Northwest. LLC.. Applicant - Continued
2. Preservation. The PUD plan preserves and protects substantial desirable portions of
the site's characteristics, open space and sensitive environmental features including
steep slopes, trees, scenic views, creeks, wetlands and open waters.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses and
is consistent with the Comprehensive Plan and redevelopment plans and goals.
5. General Health. The PUD plan is consistent with preserving and improving the general
health, safety and general welfare of the people of the City.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and
all other PUD ordinance provisions.
Second Consideration - Ordinance #420 - Adoption of Amended State Buildina Code -
Incorporation of 2008 National Electrical Code and Residential/Commercial Enerav
Code
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 420, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adopting the Amended State Building Code
Incorporation of the 2008 National Electrical Code and
Residential/Commercial Energy Code
Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and
answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve on
Second Consideration, Ordinance #420, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Announcements of Meetinas
A Concert in the Park featuring Calhoun Isles Community Band will be held on July13,
2009 at 7 pm at Brookview Park.
Regular Meeting of the City Council
July 7,2009
Page 7
Announcements of Meetinas - Continued
Some Council Members may attend the Douglas Drive Corridor Study Meeting on July 14,
2009 at 7:30 am;
The next Housing and Redevelopment Authority meeting will be held on July 14, 2009 at
6:30 pm.
The next Council/Manager meeting will be held on July 14,2009 immediately following the
HRA meeting.
Some Council Members may attend the Douglas Drive Corridor Meeting on July 14, 2009
at 7:30 am.
Some Council Members may attend the Employee Wellness & Recognition Luncheon on
July 15, 2009 from 11 :30 am to 1 pm at the Park Maintenance Garage.
A Bassett Creek Watershed Management Commission meeting will be held on July 16,
2009 at 11 :30 am.
A Concert in the Park featuring Tubby Esquire will be held on July 20, 2009 at 7 pm at
Brookview Park, followed by Envision Ice Cream Social.
The next City Council meeting will be held on July 21, 2009 at 6:30 pm.
Mayor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 7:35 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant