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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 alley 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. ~ ~ lw) Cf~"- \.j'.,q- '7.'''30 cr) (p p.~~{;.'7 --;\03;"/ , .s}lj . 'rr"\ ~''''''r ! \ .~;. \ l 1.<;;. ."~, __~I,~,li' ,~. ;.~\. ~'~,i~..i;.M.',( ~. ~1{1\~'~ ~ ../'fft ,'-;~ ~.- ~y".,..: \~'Wf1 . ~:. ,.(> ( -: ~....,;...L *? .' ~"~ ~f ;~ ~ \+' , I ~ . I ) .. i )1 ( , " :.' I ,Jljl \" -:' / .t .I ./ \ \ '.' alley 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. /' S2S 5801 520 52f1 573$ 5729 f1 SUi S15 am 0 z: ! SOIl 50S .. 4SO 0 I'; i 444 439 449 434 6125 4:14 0 S130 5126 ...WOODSTOCK AVE o , Subject Properties 5721 5717 5830 5800 316 250 324 LORING I.N 5845 5815 5745 270 260 250 YOSEMITE CUI N o o 241 o 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. ./ 525 ll801 520 52fl 5735 5729 r; 510 6125 $1$ 0 z ~ SOO 50S ... 4SO 0 ~ ~ 444 U4 m 449 6125 424 0 5130 5726 .WOODSTOCK AVE o [ subject Properties 5141 5721 5711 S8SO 583:0 58lIO 316 250 324 LORING LN 5845 5815 5745 210 260 250 YOSEMITE em N o o 241 l24 o 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.