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07-05-23 City Council Agenda July 5, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Recognizing July as Parks and Recreation Month 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 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. 3A.Approval of City Council Minutes: 3A.1.Minutes of the Regular City Council Meeting of June 20, 2023 3B.Approval of City Check Registers 3C.Boards, Commissions, and Task Forces: 3C.1.Receive the Open Space and Recreation Commission (OSRC) 2022 Annual Report and Approve the 2023 Work Plan 3D.Bids, Quotes, and Contracts: 3D.1.Approve Agreement with Bituminous Roadways, Inc. for the 2023 Scheid Park Tennis and Hybrid Pickleball Court Reconstruction Project 3D.2.Approve Agreement for Yosemite Park Play Structure Replacement and Shade Structure CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2463 155 5683 and webinar password 1234. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2463 155 5683 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting July 5, 2023 — 6:30 PM 1 Addition with Minnesota-Wisconsin Playground Inc. 3D.3.Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Restoration Project #23- 14 with Landbridge Ecological 3D.4.Authorize Agreement for Referendum Communications & Consulting Services with Rapp Strategies, Inc. 3E.Adopt Resolutions 23-058, 23-059, and 23-060 Approving Transfer of Home Ownership Program for Equity (HOPE) Properties to the Housing and Redevelopment Authority 3F.Adopt Resolution No. 23-061 - Reimbursement Agreement for the Remote Fire Station 3G.Adopt Resolution No. 23-062 Approving Amendment to Compensation and Classification Tables 4.Public Hearing 4A.Adopt Ordinance No. 765 Approving Zoning Map Amendment for 208 Meander Road 4B.Public Hearing for HOPE Property at 4707 Circle Down - Ordinance No. 766 and Resolution No. 23-063 - Zoning, Land Use, and Preliminary Plan for Subdivision 4C.Public Hearing for Preliminary Plat for Minor Subdivision and Subdivision Variance - 5317 Glenwood Ave 4D.Adopt Ordinance No. 767 Approving Conditional Use Permit No. 175 to Allow for a Drive- thru Facility at 8240 Golden Valley Drive 5.Old Business 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting July 5, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 1C. Proclamation Recognizing July as Parks and Recreation Month Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant John Stutzman, Recreation Supervisor Summary National Parks and Recreation month is July 1–July 31, 2023. The month celebrates the vital role parks and recreation plays in bringing people together, providing essential services, and enhancing the quality of life through recreation programming, events, leisure activities, community amenities, and conservation efforts. Additionally, it is a time to recognize the vital contributions made by community volunteers who generously provide countless hours of support and commitment advocating for green space, keeping our parks clean, and supporting activities for youth. Financial or Budget Considerations Not applicable Legal Considerations Not required Equity Considerations Providing unbiased programs, services and facilities through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to adopt a Proclamation Recognizing July as Parks and Recreation Month. Supporting Documents Proclamation Recognizing July as Parks and Recreation Month 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING PARKS & RECREATION MONTH JULY 1 - 31, 2023 WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Golden Valley; and WHEREAS parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS parks and recreation promotes time spent outdoors and in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and WHEREAS parks and recreation encourages physical activities by providing space for athletics, trails, playgrounds, golf courses, community gardens, and many other activities designed to promote active lifestyles; and WHEREAS park and recreation programming and education activities, such as summer programming, youth sports, environmental education, and creative arts, are critical to childhood development; and WHEREAS parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, and crime reduction; and WHEREAS our parks and open spaces ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS the City of Golden Valley recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley do hereby proclaim July 2023 as Parks and Recreation month in the City of Golden Valley. We call upon all citizens and civic organizations to pay tribute to the value parks and recreation brings to our community, and to recognize the substantial 4 contributions Parks & Recreation professionals make to our health, quality of life, active lifestyles, socialization, and the building of community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 5th day of July, 2023. ___________________________ Shepard M. Harris, Mayor 5 June 20, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:50 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere- Anderson, and Gillian Rosenquist Staff present: City Manager Cruikshank, Community Development Director Flores, Housing and Economic Development Manager Shoquist, Planning Manager Zimmerman, Assistant City Engineer Kakach, Finance Director Virnig, and City Clerk Schyma 1C. Receive Award for the Certificate of Achievement for Excellence in Financial Reporting Finance Director Virnig introduced Joel Merry, State Representative for the Minnesota Government Finance Officers Association and Assistant Finance Director from Minnetonka, who presented the award to the City of Golden Valley for their 2021 Financial Report. Mayor Harris thanked Finance Department staff for their important and thorough work in budgeting and financial reporting. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Ginis to approve the agenda as submitted. Motion carried 5-0. 3.Consent Agenda Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 6 Motion by Rosenquist, Second by La Mere-Anderson to approve the Consent Agenda as revised: removal of Items #3D.1. Adopt Resolution No. 23-045 Accepting Donations for the 2023 Bike Rodeo Outreach Event and Promotional Items from the Golden Valley Crime Prevention Fund; #3D.2.Adopt Resolution No. 23-046 Accepting a Donation for the 2023 Summer Concert Series at Brookview Park from the Golden Valley Federated Women’s Club; and #3D.3. Adopt Resolution No. 23-047 Accepting a Donation for a Park Bench to be Located at Brookview Park Honoring Heather Reichmalmberg. Motion carried 5-0. 3A.Approval of City Council Minutes: 3A.1. Minutes of the Regular City Council Meeting of June 6, 2023 3B.Approval of City Check Registers 3C.Bids, Quotes, and Contracts: 3C.1.Approve Contract for Scheid Park Shelter Roof Replacement with KRJ Incorporated 3C.2.Approve Contract for Traffic Signal Maintenance with Traffic Control Corporation 3C.3.Approve Contract with Intereum for Audio and Video Improvement for the City Hall Council Conference Room 3C.4.Approve Purchase from AIM Electronics for the Electric Sign Board Replacement for City Hall 3D.Grants and Donations: 3D.1.Adopt Resolution No. 23-045 Accepting Donations for the 2023 Bike Rodeo Outreach Event and Promotional Items from the Golden Valley Crime Prevention Fund 3D.2.Adopt Resolution No. 23-046 Accepting a Donation for the 2023 Summer Concert Series at Brookview Park from the Golden Valley Federated Women’s Club 3D.3.Adopt Resolution No. 23-047 Accepting a Donation for a Park Bench to be Located at Brookview Park Honoring Heather Reichmalmberg 3E.Adopt Resolution No. 23-048 Assigning 2022 Fund Balance to Remote Fire Station 3F.Adopt Resolution No. 23-057 Approving Modification to PTO/Vacation Maximum Accrual Cap for Sworn Peace Officers 3.Items Removed From the Consent Agenda: 3D.1. Adopt Resolution No. 23-045 Accepting Donations for the 2023 Bike Rodeo Outreach Event and Promotional Items from the Golden Valley Crime Prevention Fund Council Member Harris thanked the Golden Valley Crime Prevention Fund for their generous donation. Mayor Harris announced the Public Safety Open House on June 21 and thanked public safety staff and the Crime Prevention Fund for their hard work on this fun community event. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-045 accepting the donations from the Golden Valley Crime Prevention Fund for the 2023 Bike Rodeo outreach event and promotional items. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 7 3D.2. Adopt Resolution No. 23-046 Accepting a Donation for the 2023 Summer Concert Series at Brookview Park from the Golden Valley Federated Women’s Club Council Member Harris thanked the Golden Valley Federated Women’s Club for their donation and continued support of community events in Golden Valley. Motion by M. Harris, Second by Ginis to adopt Resolution No. 23-046 accepting a donation from the Golden Valley Federated Women's Club for the 2023 Summer Concert Series at Brookview Park. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 3D.3. Adopt Resolution No. 23-047 Accepting a Donation for a Park Bench to be Located at Brookview Park Honoring Heather Reichmalmberg Council Member Harris thanked the Goldenberg family for the addition of a park bench honoring Heather Reichmalmberg to be located at Brookview Park. He further commended all donors whose contributions help make parks in Golden Valley more inclusive and accessible. Motion by M. Harris, Second by La Mere-Anderson to Resolution No. 23-047 accepting the donation from the Goldenberg family for the addition of a park bench at Brookview Park honoring Heather Reichmalmberg. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4.Public Hearing 4A.Adopt Resolution No. 23-049 Approving a Tax Increment Financing Plan for Tax Increment Financing District within Valley Square Redevelopment Project Area Housing and Economic Development Manager Shoquist discussed the staff report including the project site, phased plan of development, and Mixed Income Housing Policy. She noted that Municipal Advisor Tom Denaway of Baker Tilly, Attorney Ron Batty of Kennedy & Graven, and Developer Brian Woolsey were in attendance to answer any questions the HRA may have. Mr. Denaway provided information on tax increment financing (TIF) including financial analysis, Renewal & Renovation TIF District eligibility, limitation on use of TIF revenue in Renewal & Renovation District, Renewal & Renovation TIF District duration, TIF revenue projections and proposed TIF assistance budget. Mayor Harris opened the public hearing. Cathy Waldhauser, 3220 Orchard Avenue, stated her support for the project and the creation of a TIF District. She asked staff for clarification on a few points regarding TIF, affordable housing, and the development. Ruth Paradise, 8515 Duluth Street, stated her support for the project and the creation of a TIF District to provide affordable housing in Golden Valley. She believes using TIF for this project is necessary and is beneficial for the City and for the developer.8 Mayor Harris closed the public hearing. Housing and Economic Development Manager Shoquist discussed the typical timelines for bringing affordable housing developments to completion. She stated that the ultimate goal is to improve the diversity of affordable housing stock including additional developments that have a higher ratio of units with multiple bedrooms. Council Member Ginis stated her support for affordable housing opportunities and stated that while this particular project will not provide many units with multiple bedrooms, she hopes that this project is a starting point for more diversity in housing stock and options for individuals and families that want to live in Golden Valley. Mayor Harris and Council Member La Mere-Anderson agreed with Council Member Ginis and added that this project helps the City make a huge leap forward on the Council’s commitment to affordable housing. Council Member Rosenquist further agreed with the comments of Council. She added that there is currently an affordable housing crisis so to be able to move quickly on this project is important even though it won’t check every box on the City’s wish-list. The Council thanked staff for being aggressive and making affordable housing options a possibility in Golden Valley. Housing and Economic Development Manager Shoquist stated that per Minnesota Statutes, the Council is required to consider certain findings regarding TIF. The Council consensus was to adopt the following TIF findings as part of Resolution No. 23-049: The TIF expenditures are necessary and desirable for the sound and orderly development of the Redevelopment Project Area and of the community as a whole, and for the protection and preservation of the public health, safety, and general welfare; The proposed redevelopment would not occur but for the use of tax increment financing; The TIF District qualifies as a renovation and renewal district; The TIF Plan conforms to general plans for development of the City as a whole; and The objectives of encouraging development and redevelopment within the Valley Square Redevelopment Project Area will be advanced by adoption of the TIF Plan. Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 23-049 Approving a Tax Increment Financing Plan for Tax Increment Financing District within Valley Square Redevelopment Project Area. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4B.Approve Vacation of Easements for Sentinel Development (640 Golden Valley LLC) 1. Vacation of Easement Platted Drainage and Utility Easement Golden Valley State Bank Addition (Lot 1, Block 1), Resolution No. 23-050 2. Vacation of Easement Golden Valley Road (Maren Lane), Resolution No. 23-051 3. Vacation of Easement Golden Valley Road (Vermont Avenue), Resolution No. 23-052 9 4. Platted Drainage and Utility Easement Golden Valley Road, Golden Valley Drive, and Wisconsin Ave N (Lots 1&2, Block 2), Resolution No. 23-053 5. Deeded Sanitary Sewer Easement Golden Valley Road, Golden Valley Drive, and Wisconsin Ave N (Lot 2, Block 2), Resolution No. 23-054 6. Vacation of Golden Valley Drive Right of Way, Resolution No. 23-055 Assistant City Engineer Kakach discussed the staff report, the need for the vacation of each easement, and the six separate public hearings that are required for the process. Mayor Harris opened the public hearing for the vacation of platted drainage and utility easement Golden Valley State Bank Addition (Lot 1, Block 1). As there were no comments, the public hearing was closed. Mayor Harris opened the public hearing for the vacation of easement Golden Valley Road (Maren Lane). As there were no comments, the public hearing was closed. Mayor Harris opened the public hearing for the vacation of easement Golden Valley Road (Vermont Avenue). As there were no comments, the public hearing was closed. Mayor Harris opened the public hearing for the platted drainage and utility easement Golden Valley Road, Golden Valley Drive, and Wisconsin Ave N (Lots 1&2, Block 2). As there were no comments, the public hearing was closed. Mayor Harris opened the public hearing for the deeded sanitary sewer easement Golden Valley Road, Golden Valley Drive, and Wisconsin Ave N (Lot 2, Block 2). As there were no comments, the public hearing was closed. Mayor Harris opened the public hearing for the vacation of Golden Valley Drive right of way. As there were no comments, the public hearing was closed. 1.Motion by La Mere-Anderson, Second by M. Harris to adopt Resolution No. 23-050 Vacating Platted Drainage and Utility Easement Golden Valley State Bank Addition (Lot 1, Block 1). Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 2.Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-051 Vacating Golden Valley Road (Maren Lane) Easement. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 3.Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 23-052 Vacating Golden Valley Road (Vermont Avenue) Easement. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4.Motion by Ginis, Second by La Mere-Anderson to adopt Resolution No. 23-053 Vacating Platted Drainage and Utility Easement Golden Valley Road, Golden Valley Drive, and Wisconsin 10 Ave N (Lots 1&2, Block 2). Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 5.Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 23-054 Vacating Deeded Sanitary Sewer Easement Golden Valley Road, Golden Valley Drive, and Wisconsin Ave N (Lot 2, Block 2). Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 6.Motion by Ginis, Second by Rosenquist to adopt Resolution No. 23-055 Vacating Golden Valley Drive Right of Way. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 5.Old Business 6.New Business 6A.Adopt Resolution No. 23-056 Approving Final Plat for Sentinel GV Planning Manager Zimmerman briefly discussed the staff report, timeline of the project, and details of the final plat. Motion by M. Harris, Second by Rosenquist to adopt Resolution 23-056, Approval of Final Plat for Sentinel GV. Motion carried 5-0 with unanimous approval.(In Favor: S. Harris, Ginis, M. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 6B.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment The meeting was adjourned by unanimous consent at 8:23 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk 11 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 06-23-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 12 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3C.1. Receive the Open Space and Recreation Commission (OSRC) 2022 Annual Report and Approve the 2023 Work Plan Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Rick Birno, Parks & Recreation Director Summary At the June 13, 2023 City Council work session, OSRC Chair Linden Weiswerda and Parks & Recreation staff, presented the 2022 OSRC annual report and 2023 work plan. Financial or Budget Considerations Not applicable Legal Considerations Not required Equity Considerations Providing unbiased programs, services and facilities through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to receive the Open Space and Recreation Commission 2022 annual report and approve the 2023 work plan. Supporting Documents 2023 Work Plan & 2022 OSRC Annual Report 13 2022 ANNUAL REPORT | 2023 WORK PLAN THE CITY OF GOLDEN VALLEYOPEN SPACE & RECREATION COMMISSION 14 2 City of Golden Valley PURPOSE, MISSION, & PRESCRIBED DUTIES The Open Space and Recreation Commission provides advice and recommendations to the Council regarding recreational programs, parks, and open space in the community, including: • the portion of the Comprehensive Plan relating to open space needs, parks and recre- ation programs, and trail systems • policies and plans for parks, recreation programs, use of open space, and trail systems • assessment of current programs regarding open space, parks and recreation, and trail systems • assessment of future needs regarding parks and recreation, open space, and trail sys- tems • cooperative agreements, policies with other public and private agencies, youth sports organizations, groups or individuals relating to recreational programs and facilities • budget and capital outlay needs for parks and recreation, Brookview Golf Course, and the park improvement fund 15 OPEN SPACE & RECREATION COMMISSION / 2022 Annual Report 3 TABLE OF CONTENTS 4 2022 Overview 8 Five-year summary: 2018–2022 COMMISSIONERS Linden Weiswerda, Chair (May 2024) Roger Bergman (May 2025) John Cornelius (May 2025) Bill Delaney (May 2026) Matthew Olson (April 2026) Matthew Sanders (May 2025) Scott Seys (May 2024) Dawn Speltz (May 2026) Brian Wright (May 2024) Youth – Vacancy Note: Terms run May 1-April 30 COUNCIL LIAISON Maurice Harris CITY STAFF Rick Birno, Parks & Recreation Director Sheila Van Sloun, Administrative Assistant 16 4 City of Golden Valley 2022 OVERVIEW • Worked with staff to review and provide insights for reestablishing recreation programming, park usage, and facility rentals due to COVID. • Reviewed and recommended the 2023–2032 Parks, Brookview, and Golf Course Capital Im- provement Plans. • Continued to support and provide guidance to staff for the growth of enterprise and revenue funds within the Parks & Recreation Department. • Reviewed golf course operations and procedures, including fees, leagues, lessons, rules and regula- tions, schedule, curling, disc golf, and lawn bowl - ing. • Reviewed and provided guidance on the annual report and work plan presented to the City Coun- cil. • Worked with staff and joint powers agreement partners to provide guidance and support for proposed Sochacki Park improvements. • Participated in the annual Joint City Council/Com- mission meeting. • Represented the Open Space & Recreation Commission on the Brookview/City Hall rotational public art selection committee. • Continued to meet with youth athletic associa- tions for program updates and discussions on present and future facility needs. • Reviewed seasonal recreation programs, leagues, classes, and events. • Supported the continued partnership with Golden Valley Arts and St Louis Park Friends of the Arts to offer the Artist Showcase at Brookview. The successful event was hosted at Brookview the evening of Jan 14, 2022. • Reviewed and provided guidance for Brookview room use, rental fees, and operation guidelines. • Reviewed the annual nuisance wildlife removal processes and data. Recommended to staff to Medley Park Community Garden 17 OPEN SPACE & RECREATION COMMISSION / 2022 Annual Report 5 2022 OVERVIEW explore an additional option to assist with needed removals when USDA removal team is not avail - able due to other priorities. • Reviewed proposed play structure plans for an all-accessible playground at Brookview Park in a partnership with Arc of Minnesota. • Provided input to Three Rivers Park District staff for the initial link of the CP Rail Regional Trail. • Monitored staff updates regarding the progress of the irrigation replacement project at Brookview Golf Course as well as any patron concerns during installation. • Provided guidance on new park improvements, including: • tennis court resurfacing project at Seeman Park • new outdoor hockey rink and internal park trail improvements at Medley Park • South Tyrol Park update • tennis court removal and east ballfield update at Scheid Park • outdoor LED lighting updates at multiple park locations • Community Garden construction at Medley Park • Supported the implementation of a mobile sum- mer program to bring youth opportunities and resources to underserved areas in Golden Valley, with the goal to expand in 2023. • Partnered with staff and the Environmental Com- mission to finalize plans for the flood water reduc- tion projects at Wildwood Park and Medley Park. • Worked with staff on the annual bike and pedes- trian improvement recommendations. • Discussed caterer changes at Brookview, park picnic shelter use issues, park use policies, a naming/renaming process proposal, park dedica- tion opportunities, and the winter warming house staffing plan. • Reviewed and supported final plans for the new Community Garden at Medley Park. Partnered with Golden Valley One Good Deed, H&R Block, and the Men’s Shed group on the development of the Community Garden amenities. • With staff, hosted neighborhood input processes to update and add new park amenities at Scheid Park and South Tyrol Park. • Supported a new partnership with the Golden Val - ley Garden Club to provide programs and events with the Parks & Recreation Department. • All Commissioners participated in the 2022 golf course tour to view improvements in progress as well as planned updates in 2023. Watch Me Go triathlon 18 6 City of Golden Valley • Review, provide input, and recommend 2024– 2033 Park, Brookview, and Golf Course Capital Improvement Plans. • Continue to explore possibilities for additional parkland, open green space, and the expansion of park amenities in historically underserved areas and high-density areas of the city to pro- mote environmental justice. • Work with staff to explore opportunities to in- crease park dedication funding. • Support and provide guidance to staff for the growth of enterprise and revenue funds within the Parks and Recreation Department. • Continue to evaluate and recommend changes, enhancements, and additions to community and neighborhood parks. • Monitor park shelter accessibility and general building improvements at Wesley Park, including: • ADA and access improvements • bathroom updates • replacement of flooring, frames/doors/win- dows, LED lighting, and furnace • Plan with Three Rivers Park District staff for the final link of the CP Rail Regional Trail south of Hwy 55 for eventual recommendation of preferred route. • Continue to provide guidance working with staff, MNDOT, and Three Rivers Park District to add a trail connection from the Schaper Park intersec- tion on Hwy 55 to Theodore Wirth Parkway. • Continue to work with staff and joint powers agreement partners on the development of So- chacki Park. • Monitor scheduled improvements at Schied Park and Yosemite Park. • Solicit community input regarding amplified music and alcohol in Golden Valley parks as requested by the City Council. • Explore a partnership with the Minneapolis Park Board for the addition of an off-leash pet exercise area to be located in the northeast area of Golden Valley close to Theodore Wirth Park. • Begin initial discussions and develop a public in- put process for the proposed park improvements at Natchez Park scheduled for 2024, including: • replacing basketball court and adding an ad - justable hoop system • neighborhood selection of a new play structure • updating all internal park trails requiring main- tenance • updating youth ballfield • Work with Three Rivers Park District team on the design development of the Basset Creek Regional Trail from Douglas Dr to Theodore Wirth Parkway. Summer sand volleyball 2022 OVERVIEW 2023 PROPOSED WORK PLAN 19 OPEN SPACE & RECREATION COMMISSION / 2022 Annual Report 7 2022 OVERVIEW • Work with staff to provide input for proposed bike and pedestrian improvements scheduled for 2024. • Continue to work with staff to expand the spon- sorship program for adopting dog bag stations in Golden Valley parks. • Provide guidance to staff to develop strategies for improving participation and implementing new programs, events, and opportunities for underserved populations and communities in Golden Valley. • Continue to review recreation, golf, Three One Six, and Brookview fees, programs, events, leagues, and facility operations. • Continue to support the partnerships with St Louis Park Friends of the Arts and the Golden Valley Garden Club. • Review and approve Golden Valley recognized youth athletic associations providing programs for the community. Continue work on associa- tions’ program updates and discussion on future facility needs. • Continue to participate in the annual Joint City Council/Commission meeting, the annual park system tour, and represent the Open Space & Recreation Commission on the Brookview/City Hall rotational public art selection committee. • Continue working with staff and partnering with the DEI Commission regarding discussions for the development of a naming process policy for Golden Valley community assets to be recom- mended to the City Council. • Receive updates and review annual nuisance wildlife removal program to provide guidance to staff. • Continue to support community events, includ- ing Run the Valley, ice Cream Social, Winterfest, etc. • Explore developing two tennis courts at Brookview Park into six pickleball courts. • Work with staff and Golden Valley One Good Deed for the design and implementation of a new play trail around the loop at Brookview and Lions Park. • Support staff to initiate and lead a programming partnership with northwest municipalities to expand and grow opportunities for youth with unique physical and cognitive needs. • Work with staff on the addition of WIFI in park shelter buildings. Winterfest 20 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3D.1. Approve Agreement with Bituminous Roadways, Inc. for the 2023 Scheid Park Tennis and Hybrid Pickleball Court Reconstruction Project Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Rick Birno, Parks & Recreation Director Summary A request for proposal bids was advertised on April 6, 2023 for court reconstruction at Scheid Park. Improvements include the replacement of two tennis courts with hybrid Pickleball lines, new court fencing, fence privacy slats and ADA appropriate access gates. A pre-bid meeting was held onsite on April 12, 2023 and two bids were submitted on April 26, 2023. Staff is recommending moving forward with the court construction bid and alternate #2 for the addition of fence privacy slats. Bituminous Roadways, Inc. was the low bid and is the contractor recommended by staff. Bid totals are as follows: • Bituminous Roadways $197,910.00 $39,700.00 (Alt.#1) $4,500.00 (Alt.#2) • T.A. Schifsky & Sons, Inc. $225,600.00 $40,300.00 (Alt.#1) $4,800.00 (Alt.#2) Financial or Budget Considerations $275,000 has been budgeted in the 2023 Golden Valley Parks CIP budget P20 for the tennis court reconstruction. Legal Considerations Agreement has been reviewed by the City Attorney and approved to move forward. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to authorize the Mayor and City Manager to execute agreement with Bituminous Roadways, Inc. for the 2023 Scheid Park tennis and hybrid Pickleball court reconstruction project in the amount of $202,410.00. Supporting Documents 21 2023 Contract with Bituminous Roadways - Scheid Park 22 FC - 1 AGREEMENT FOR 2023 SCHEID PARK TENNIS COURT PROJECT THIS AGREEMENT (this “Agreement”), entered into the 5th day of July, 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Bituminous Roadways, Inc. a business corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for the 2023 Scheid Park Tennis Court Project (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall 23 FC - 2 be $202,410.00, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $202,410.00 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Bituminous Roadways, Inc., and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. 24 FC - 3 In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager BITUMINOUS ROADWAYS, INC. BY Pam Hague, Secretary 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 SECTION 324000 PLANS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Tennis Court Plans 2. Finish Elevations 3. Typical Fence Detail 195 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCTitle PageProject #22-026Sheet #1Date2.16.2023CAD ByPeter K.ScaleNTSScheid ParkTennis ComplexVersion5.02023 Tennis CourtReconstructionTennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 196 NDirection Of NorthTreesx' x"Diameter Of TreesSingle Head LightDouble Head LightQuad Head LightXXX.XX = Existing ElevationsXXX.XX = New/Final ElevationsElevationsEarthAggregate Base / StoneConcreteBinder CourseSurface CourseLow AreasPeeling PaintStructural CracksSilt FenceExcavationFiberglassSafety FenceGrassSurface CracksSaw CutsCJ - Control JointCFP- Center Fence PostCLF - Center Line Of FenceCNP- Center Of Net PostCOF- Center Of FenceCDT- Center Drain TileCTD- Center Tie DownDT- Drain TileEOA - Edge Of AsphaltEOB - Edge Of BaseEOC- Edge Of ConcreteEOP- Edge Of PostFG- Finish GradeFH- Fire HydrantIEOC- Inside Edge Of ConcreteIEOP- Inside Edge Of PostIOC - Inside Of ConcreteIOF- Inside Of Fence LP- Light PoleMHC- Man Hole CoverAggregate Base / Stone Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCLegendProject #Sheet #2DateCAD ByPeter K.ScaleNTSVersion5.022-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 197 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCDemolition PlanProject #Sheet #3DateCAD ByPeter K.ScaleNTSVersion5.0N22-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422Ice RinkInstall MN-DOT Silt FenceRemove Topsoil, (Owner To Remove Trees)Excavate To 15" Below Final GradeInstall 180N In Excavated AreaMove Pulverized Material To New Court AreaMove Topsoil To Old Court AreaSawcut WalkRemove Asphalt1234567112777345100.41100.41 = New/Final Elevations100.33100.1299.96100.64100.1799.8099.8015'102.80102.46102.3199.97100.126699.7199.46100.34100.44100.36100.36100.00B.M.7222198 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCNew Site LayoutProject #Sheet #4DateCAD ByPeter K.ScaleNTSVersion5.0N22-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 30'15'30'CIce Rink 15'122' EOA - EOA110' EOA - EOA7'Old Court Pulverized 20221199.4699.7199.97102.31123' EOB - EOB111' EOB - EOB199 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLC StoneProject #Sheet #5DateCAD ByPeter K.ScaleNTSVersion5.022-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 15'31'EOB - EOB15' EOB - EOB123' EOB - EOB111' EOB - EOB7'29'-6" Rink To EOBCONTRACTOR OPTION:IF PAVING CONTRACTOR CHOOSES TO INSTALLSET-DOWN PASS, THEN SURFACE COURSE IS TO MATCH JOINT.COLOR CONTRACTOR IS TO INSTALLARMOR OVER COLD JOINTELEVATIONS ON A 20' X 20' GRIDSTARTING AT THE SOUTH WEST CORNERFINISH ELEVATION TOLERANCESSURFACE COURSE ASPHALT - ±0.02LOWER LEVEL ASPHALT-0 TO -0.03DENSE GRADED AGGREGATE -0 TO -0.03GENERAL NOTES:1 - CONTRACTOR TO SHOOT ELEVATIONS ON SAME GRID AS ABOVE TOVERIFY STONE IS WITHIN TOLERANCE. BEFORE PAVING BINDER COURSE,SUBMIT TO CONSULTANT.2 - NET POST AND CENTER TIE DOWN FOOTINGS AND SLEEVES ARE TO BEINSTALLED BEFORE PAVING SURFACE COURSEN101.47 101.64 101.81 101.98 102.15 102.32 102.41101.30 101.47 101.64 101.81 101.98 102.15 102.24101.13102.07100.96101.90100.79101.73100.62101.56100.45101.39101.30 101.47 101.64 101.81 101.98101.13 101.30 101.47 101.64 101.81100.96101.13 101.30101.47 101.64100.79 100.96 101.13 101.30 101.47100.62 100.79 100.96 101.13 101.30100.43101.37100.60 100.77 100.94 101.11 101.2899.97100.34100.44B.M.@ 100.00100.47.83% Slope .83% Slope .83% Slope.83% Slope200 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCBinderProject #Sheet #6DateCAD ByPeter K.ScaleNTSVersion5.022-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 30'122' EOA - EOA110' EOA - EOA30' EOC - EOC15' EOC - EOCELEVATIONS ON A 20' X 20' GRIDSTARTING AT THE SOUTH WEST CORNERFINISH ELEVATION TOLERANCESSURFACE COURSE ASPHALT - ±0.02LOWER LEVEL ASPHALT-0 TO -0.03DENSE GRADED AGGREGATE -0 TO -0.03GENERAL NOTES:1 - CONTRACTOR TO SHOOT ELEVATIONS ONSAME GRID AS ABOVE TO VERIFY BINDER ISWITHIN TOLERANCE. BEFORE PAVING SURFACECOURSE, SUBMIT TO CONSULTANT.2 - NET POST AND CENTER TIE DOWN FOOTINGSAND SLEEVES ARE TO BE INSTALLED BEFOREPAVING SURFACE COURSECONTRACTOR OPTION:IF PAVING CONTRACTOR CHOOSES TO INSTALLSET-DOWN PASS, THEN SURFACE COURSE IS TOMATCH JOINT. COLOR CONTRACTOR IS TO INSTALLARMOR OVER COLD JOINTN101.64 101.81 101.98 102.15 102.32102.41101.47 101.64 101.81 101.98 102.15102.24102.07101.90101.73101.56101.30101.47 101.64 101.81 101.98101.13 101.30 101.47 101.64 101.81100.96 101.13 101.30 101.47 101.64100.79 100.96 101.13 101.30 101.47100.62 100.79 100.96 101.13 101.30100.60 100.77 100.94 101.11 101.28102.32102.15101.98101.81101.64101.47101.45102.49 102.58101.54Pave 2" Binder CourseInstall Net Post Footings After Binder.12Install CTD After Striping (See Detail)3201 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCSurfaceProject #Sheet #7DateCAD ByPeter K.ScaleNTSVersion5.022-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 ELEVATIONS ON A 20' X 20' GRIDSTARTING AT THE SOUTH WEST CORNERFINISH ELEVATION TOLERANCESSURFACE COURSE ASPHALT - ±0.02LOWER LEVEL ASPHALT-0 TO -0.03DENSE GRADED AGGREGATE-0 TO -0.03GENERAL NOTES:1 - CONTRACTOR TO SHOOT ELEVATIONS ONSAME GRID AS ABOVE TO VERIFY SURFACE ISWITHIN TOLERANCE. SUBMIT TO CONSULTANT.2 - NET POST AND CENTER TIE DOWN FOOTINGSAND SLEEVES ARE TO BE INSTALLED BEFOREPAVING SURFACE COURSECONTRACTOR OPTION:IF PAVING CONTRACTOR CHOOSES TO INSTALLSET-DOWN PASS, THEN SURFACE COURSE IS TOMATCH JOINT. COLOR CONTRACTOR IS TO INSTALLARMOR OVER COLD JOINT30'122' EOA - EOA110' EOA - EOA30' EOC - EOC15' EOC - EOCN101.77101.94102.11102.28102.45102.54102.37102.20102.03101.86101.69100.75100.92101.09101.26101.43100.73100.90101.07101.24101.41101.60101.58102.62102.71101.77101.94102.11102.28102.45101.77101.94102.11102.28101.77101.94102.11101.77101.94101.77101.67101.60101.60101.60101.60101.60101.43101.26101.43101.26101.43101.26101.43101.09101.09100.92Pave 3" Surface On Walk5" PCC Slab With Epoxy Coated Mesh202 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCColor PlanProject #Sheet #8DateCAD ByPeter K.ScaleNTSVersion5.0N22-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 Cut Control Joints Between Courts And Under Net LineArmor Control JointsApply 2 Coats ARApply 2 Coats ColorStripe White Lines For TennisStripe Lighter Blue Lines For Pickleball123456112255343466203 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCFencing PlanProject #Sheet #9DateCAD ByPeter K.ScaleNTSVersion7.0N22-0263.23.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422N 21' Line - IOF12' Line - Line 12' Line - IOF21' Line - IOF12' IOF - Line42' CNP - CNP6' CNP - CNPDrive 3" SS-40 Posts 5' For 10' High Fence On 8' Centers (Galvanized)Install Top/Bottom RailsInstall 2" Galvanized Fence Fabric123108' IOF - IOF120' IOF - IOF 10'10'204 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCLandscaping PlanProject #Sheet #10DateCAD ByPeter K.ScaleNTSVersion5.0N22-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422NN Backfill Around Courts And Old Court Site11111Create Flow To CB205 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCDetails PageProject #Sheet #11DateCAD ByPeter K.ScaleNTSVersion7.022-0263.23.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 5542220'44'15'7'1'Pickle Ball DetailAGGREGATE BASEGALVANIZED SS-40 POST10'-0"ASPHALT PAVEMENTEXISTING SUB-BASE60"BOTTOM RAILTOP RAILDriven Fence Post DetailCORE HOLE AND CAULK AROUNDPOST WITH CAULK COMPATIBLETO COLOR SYSTEMBase LineCenter MarkCenter Service LineDoubles Net Line(42' Center - Center)Service LineDoubles Side LineSingles Side Line78'21'21'18'36'4' 6"27'13' 6"3'18'78' Court Detail10'Net Post Detail42"24" Diameter5' Deep ConcreteSurfaceBinderNet Post Sleeve 3.5" O.D. SS-40 Post Driven 1' Into Augured Hole Before Pouring Concrete Footing. Leave High And Trim To Height Before Asphalt 42' CNP - CNPCenter Tie-Down Detail1-5/8" Fence TopRail Driven 5', CutFlush To Surface,And Weld a CrossBar For AttachingStrap1-5/8"206 Fred Kolkmann Tennis And Sport Surfaces, LLC1921 Mayfair Rd. Grafton, WI 53024 www.kolkmanncourtbuilder.com Courtbuilder@ameritech.net 262-685-7507Fred Kolkmann Tennis & Sport Surfaces, LLCDetails Page 2Project #Sheet #12DateCAD ByPeter K.ScaleNTSVersion5.022-0262.16.2023Tennis Courts @ Scheid Park 1856 Toledo Ave N, Golden Valley, MN 55422 POST CAPCORNERPOSTCHAIN LINK FABRIC(TOP KNUCKLED)TOP RAILRAIL ENDBRACE RAILTENSION BARTRUSS RODTURNBUCKLECHAIN LINK FABRIC( BOTTOM KNUCKLED)- CONCRETE FOOTINGS NOT SHOWN FOR CLARITY -LINE POSTGATETRANSOMBOTTOM RAIL MIN 1" ABOVE PAVEMENTCORNERPOSTTOP RAILRAIL ENDBRACE RAILTRUSS RODTURNBUCKLEBOTTOM RAIL MIN 1" ABOVE PAVEMENTTypical Fence DetailEND OF SECTION207 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3D.2. Approve Agreement for Yosemite Park Play Structure Replacement and Shade Structure Addition with Minnesota-Wisconsin Playground Inc. Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Al Lundstrom, Parks Superintendent Rick Birno, Parks & Recreation Director Summary The 2023-2032 Capital Improvement Program Park Section includes $90,000 for new playground equipment and a shade structure (P-003). The Yosemite Park play structure is scheduled in 2023 for replacement. The Yosemite Park neighborhood participated in a public meeting on May 16, 2023 with the optional website survey to select one of five proposal submissions. After review of the five play structure and shade options, the Yosemite Park neighborhood selected the GameTime proposal in the Water color format (input survey results attached to report). All equipment conforms to ADA and Consumer Product Safety Commission guidelines. The total expense for the GameTime play structure and shade structure from Minnesota Wisconsin Playground is $90,000.00. Installation of the new play structure equipment is scheduled for September of 2023. Staff recommends the purchase of the GameTime play structure and shade structure including installation, as selected by the Yosemite Park neighborhood. Financial or Budget Considerations The 2023-2032 Parks Capital Improvement Program budget P003 includes $90,000.00 for the Yosemite Park play structure and shade structure. Legal Considerations Agreement For Local Improvement has been reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. 208 Recommended Action Motion to authorize the Mayor and City Manager to execute agreement with Minnesota-Wisconsin Playground for the purchase and installation of the Yosemite Park play structure and shade structure in the amount of $90,000. Supporting Documents Contract for Yosemite Play Structure with Minnesota-Wisconsin Playground Inc. Resident Input Survey - Yosemite Park 209 1 CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT is made this 5 th day of July, 2023 (the “Effective Date”) by and between Minnesota Playground, Inc., a Minnesota Company located at PO Box 27328, Golden Valley, MN 55427 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing and installing play structures. B. The City desires to hire Contractor to provide and install a new playstructure and shade structure at Yosemite Park. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.Contractor shall commence Work not later than September 18, 2023. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s project supervisor on or before October 31, 2023(the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the Citymay, at its discretion, extend the Contract Time. 3.Consideration.The consideration, which the City shall pay to Contractor, shall not exceed $90,000. The consideration shall be for both the Workperformed by Contractorand the expenses incurred by Contractor in performing the Work. The City shall make progress payments to Contractor as follows: a. $90,000 within 30 days of the Final Completion Date, as that term is defined in section 9 below. 210 2 Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 211 3 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 212 4 12.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 213 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 12.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 13.Performance and Payment Bond – Not required for this project 14.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to 214 6 assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 15.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 16.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by theCity’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 17.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 18.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 19.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 20.Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclosefor any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 215 7 21.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 23.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 25.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Al Lundstrom, or designee. Contractor’s authorized agent for purposes of administration of this contract is Harlan Lehman, or designee who shall perform or supervise the performance of all Work. 26.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Minnesota Playground, Inc. Harlan Lehman Po Box 27328 Golden Valley, MN 55427 harlan@mnwiplay.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 alundstrom@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 216 8 26.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towardspaying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 29.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30.Signatory.Each person executing this Agreement (“Signatory”) representsand warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 31.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 32.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 217 9 IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. MINNESOTA PLAYGROUND,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Name: Harlan Lehman Title: President By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 218 EXHIBIT A PROJECT REQUIREMENTS AND SPECIFICATIONS A. Structure shall meet and comply with all current ADA Legislation and ASTM F1487. B. Equipment areas must meet age related design criteria with a structure or structures suitable for 2-5 year olds and 5-12 year olds and be IPEMA certified. C. Play structure quote must include two 8’ swing sets with a minimum of two belt swings, one bucket and one accessible swing (accessible swing should be appropriately located close to an access cutout or container edge if possible). D. Play area must include a minimum of two six foot coated steel benches with backs anchored in the ground. E. Main 5 -12 year old structure frame can be a single pole center staging area or a multi- coated deck system structure with a minimum of one (1) covered canopy over a deck area. Poles shall be a minimum of 3.5 inches (wall thickness minimum of 0.120”) to a maximum of 5 inches in diameter and constructed of aluminum or steel. F. Amenities may include, but not be limited to, slides, climbing walls/ropes/boulders, ladders, play panels, transfer decks, fire pole, spinner, overhead glider, play accessories, etc. G. Container for the play structure is outlined in Attachment B and needs to include the structure(s), swing set and benches. For onsite visit please contact Al Lundstrom at 763-593-8046. H. Proposal must also include the installation of a 15’ x 15’ concrete pad (next to the internal park trail - see attachment B) with a center pole permanent fabric shade umbrella that is designed for all seasons. Contractor is expected to recommend appropriate size umbrella for the dimensions of the concrete pad. I.Site shall have signage information provided appropriate for the structure/area. If there are pictures of future structure users please make sure signage is representative of all community members J.Provide wear pads in quote for all slides, swings and transfer points (must be a minimum of 2’x4’). K. Please include blown in engineered wood fiber at a depth 12” or greater for the entire container area. L. All plastic and coating products must be UV and color stabilized to resist fading. M. Supplier must be able to provide a tool kit for fasteners, parts manual (both hard copy and electronic preferred) and touch up paint kit for all structure colors. N. All parts must have a corrosion resistant finish and be capped on the top end. 219 O. All metal decks must be manufactured from sheet steel conforming to ASTM specification A-569 (or better) and be finished with a coating. P. All connecting hardware used must be zinc plated or stainless steel, free of protrusions, vandal resistant and have a tamper proof design. Service kit for tamper proof fasteners must also be provided. City’s Responsibilities to Project Demo and dispose of old playground equipment. Site rough grading and leveling for both the play structure container and the umbrella pad. Installation of concrete container curb border (if needed). Removal of project spoils (contractor to remove all packaging materials) Finish grading and seeding. Regulatory Compliance 1. All equipment provided and all areas around and between equipment must comply with most current Consumer Product Safety Commission (CPSC) guidelines and The American Society for Testing and Material (ASTM) standards. It is the responsibility of each bidder and manufacturer to be aware of these guidelines. Please list all deviations where you do not comply totally and explain each in detail when submitting the proposal. Equipment that requires labor intensive measures or modifications, after installation, such as the cutting of bolts, to bring equipment into conformance with CPSC and ASTM will not be accepted. As recommended by CPSC, a project specific maintenance manual shall be provided at the end of the project. 2. Playground structure, benches and swing set must meet the current requirements of the Americans with Disabilities Act and ASTM F1487. 3. All equipment must be IPEMA certified. 4. All surfacing materials must meet current CPSC guidelines, ASTM F1951 and ASTM F1292 standards, as well as be IPEMA certified. 5. Once installation is complete on all equipment, supplier must provide a formal safety audit of the installed equipment. Audit must document that equipment meets all current standards listed above. Payment for project will not be paid until after the safety audit inspection and document has been completed and delivered from a certified playground inspector. 6. Supplier must invoice City for all payments. 220 Exhibit B CONTAINER FOR PLAY STRUCTURE 221 Yosemite Park Future Improvements Survey 1 / 2 30.77%12 5.13%2 0.00%0 12.82%5 51.28%20 Q1 Vote for your favorite color pallet for the new play structure (color options below) Answered: 39 Sk ipped: 0 TOTAL 39 0%10%20%30%40%50%60%70%80%90%1 00% Nat ur al: Forest Green... Bright Primar y: Red... Jel l ybean: Burgundy, Bl ... Circus : Spr ing Green, Sky... Water: Bl ue, Champagne, D... ANSWER CHOICES RESPONSES Natural: Fores t Green, Beige, Brown, Granite, and Sands tone Bright Primary : Red, Yellow, Blue, Green, and Purple Jellybean: Burgundy, Blue, Buttersc otch, Gray, and Black Circus : Spring Green, Sk y Blue, Red, Butterscotch, and Granite Water: Blue, Champagne, Dark Blue, Burgundy, and Sky Blue 222 Yosemite Park Future Improvements Survey 2 / 2 41.03%16 25.64%10 23.08%9 10.26%4 0.00%0 Q2 Vote for your favorite play structure (options below) Answered: 39 Sk ipped: 0 TOTAL 39 0%10%20%30%40%50%60%70%80%90%1 00% GameTime Mir acle Lands cape Structures Playw or ld Play & Park ANSWER CHOICES RESPONSES GameTime Mirac le Landscape Struct ures Play world Play & Park 223 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3D.3. Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14 with Landbridge Ecological Prepared By Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Summary The City applied and received funding from the Minnesota Department of Natural Resources (MnDNR) Flood Damage Reduction Grant Assistance Program to help fund the construction of a series of capital projects outlined in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan. Building onto the construction of the Liberty Crossing flood storage, the first phase of the grant funded project was the DeCola Ponds B and C Improvement Project funded in part by the 2018 state bonding bill and completed in 2020. The current phase of the grant funded project is the SEA School-Wildwood Park Flood Storage Project. This project was included in the 2020 state bonding bill with an allocation of $1,300,000. The project is also included in the Bassett Creek Watershed Management Commission (BCWMC) capital improvement program and BCWMC is contributing a significant amount of funding for the project. In September 2021, the City Council approved a cooperative agreement with the BCWMC and a professional services agreement with Barr Engineering Co to design and construct the SEA School- Wildwood Park Flood Storage Project. The project includes flood risk reduction, storm water quality treatment, pollinator habitat improvements, and recreation and educational opportunities that will benefit the community. More information can be found on the City's project webpage at https://bit.ly/3FJpv0s. In order to advance the City’s equity goals, complete work in the most efficient and cost-effective manner, and best meet the scheduling needs of the SEA School, the project was separated into three smaller, more specialized contracts: Flood storage at SEA School and Wildwood Park (currently under construction; estimated completion date August 2023) Restoration and vegetation establishment at SEA School and Wildwood Park (consider awarding contract July 5; begin work in August 2023 following construction of flood storage) Flood conveyance (storm sewer outlet pipe replacement) between DeCola Ponds D and E 224 (currently out for bids; work to begin in September 2023) The restoration contract was advertised for bids in June. Bids were opened virtually on June 20, 2023. The following bids were received for the DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14: Contractor Base Bid Landbridge Ecological Inc $245,429.95 RES, LLC $260,750.70 Hoffman & McNamara CO $303,432.33 Low Bid: Landbridge Ecological Inc $245,429.95 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the restoration and vegetation establishment contract to Landbridge Ecological Inc for the base bid amount of $245,429.95. Landbridge Ecological Inc is a locally owned and operated small, Woman- Owned Business Enterprise and is certified as a DBE. As a requirement of the state grant, this contract requires payment of prevailing wages. Work is expected to begin in August 2023 and be completed in the fall. This contract includes three seasons of vegetation establishment, management, and monitoring to ensure the ongoing success of the native environments. Financial or Budget Considerations The cost estimate for the entire project (flood storage, conveyance, and restoration) is approximately $3,100,000. Based on funding allocated in the 2020 bonding bill, the DNR will provide $1,300,000 and the City and its partners will provide a local match of $1,300,000 plus any remaining funding to complete the project. There are no special assessments to residents. Following is an estimate of the funding sources for the entire project: MnDNR $1,300,000 BCWMC $1,300,000 Hennepin County $ 255,000 City of Golden Valley $ 245,000 Total $3,100,000 As is typical with collaborative projects like this one, project costs will be paid up front by the City and reimbursed by the MnDNR and its local partners on a regular basis, as project milestones are reached. The City’s portion of the project funding is included in the 2022 and 2023 CIP as approved by City Council at its March 7 meeting, as follows: Stormwater SS-69 $110,000 Park Improvement P-002 $ 95,000 Park Improvement P-017 $ 40,000 Legal Considerations This agreement is in a form approved by the City Attorney. Equity Considerations 225 This contract was subject to a public bidding process open to all qualified contractors. Consistent with the City’s Equity Plan pillar, Economic Prosperity For All , the overall flood mitigation project was separated into three smaller contracts, which offers more opportunities to a wider array of contractors. Increasing community resilience by reducing flood risk and damage, improving water quality, and increasing native pollinator habitat is consistent with City's resilience and sustainability plan and helps all people in the community adapt to a changing climate. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with Landbridge Ecological Inc in the form approved by the City Attorney for the DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14 in the amount of $245,429.95. Supporting Documents PSA SEA School-Wildwood Park Vegetation Restoration Project with Landbridge Ecological Project Location Map 226 FC - 1 CONTRACT NO. 23-14 AGREEMENT FOR SEA SCHOOL-WILDWOOD PARK FLOOD MITIGATION RESTORATION PROJECT THIS AGREEMENT (this "Agreement"), entered into the 5th day of July 2023 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and Landbridge Ecological, Inc. DBA Wetland Habitat Restoration,a corporation under the laws of Minnesota ("Contractor"). ARTICLE 1. The Contract Documents.The Contract Documents consist of this Agreement, the Proposal and Bid of the Contractor, the Contractor's Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the "Contract" or "Contract Documents"). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work.Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for SEA School-Wildwood Park Flood Mitigation Restoration Project (23-14) (the "Project") according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. 227 FC - 2 ARTICLE 3. Contract Price.The City shall pay the Contractor the Contract Price in current funds for the Contractor's performance of the Contract. The Contract Price shall be $245,529.95, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor's obligations fully performed by Contractor. ARTICLE 4. Contractor's Bonds.Contractor shall make, execute, and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $245,529.95 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work.The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records.Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment.All payments to Contractor shall be made payable to the order of Landbridge Ecological, Inc. DBA Wetland Habitat Restoration, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution.The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination.The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor's control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. 228 FC - 3 Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager LANDBRIDGE ECOLOGICAL, INC DBA WETLAND HABITAT RESTORATION BY ITS 229 Ha mpsh ire Po nd DecolaPond A DecolaPonds B & C De colaPondE De colaPond F De colaPond D Golden Meadows Pond Medicine La ke Road Pond Dover HillPondLiberty BasinCanadian Pacific Railroad HampshirePark PennsylvaniaWoods WildwoodPark IsaacsonPark MadisonPond 156 DeCola PondsOutlet Pipe Replacement School ofEngineeringand Arts Duluth St Olympia StKelly DrDeCola PondsSEA School-Wildood ParkFlood Storage Duluth St Olympia StWinnetka Ave NKelly DrMedicine Lake Rd Sumter Ave NQuebec Ave NPennsylvania Ave NRhode Island Ave NSandburg RdNevada Ave NWinnetka Heights Dr 23r d Av e N Winsdale St Sandburg Ln Oregon Ave NMadison Ave W Green Valley Rd Louisiana Ave NArcher Ave N Winsdale St 0 500 1,000250Feet Print Date: 4/18/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.Location Map 230 EXECUTIVE SUMMARY Communications 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3D.4. Authorize Agreement for Referendum Communications & Consulting Services with Rapp Strategies, Inc. Prepared By Cheryl Weiler, Communications Director Summary City staff seeks to hire Rapp Strategies, Inc to provide strategic counsel and communications services to support a public information and community engagement program related to the City’s sales tax referendum on Nov 7, 2023. Staff posted a RFP for these referendum communications and consulting services on the City website, garnering two responses. Base costs ranged from $39,500 to $164,010. Upon review by City staff, Rapp Strategies, Inc was chosen for its ability to meet the City’s required elements and deliverables for the most affordable cost. The public information and community engagement program will include development of a community survey and analysis of findings, development of messaging and materials to inform voters about the referendum using City communications tools, and identification of community input opportunities. Financial or Budget Considerations The base fee for the outlined services is $39,500 and will be taken from the Building Fund. Legal Considerations Contract has been reviewed by the City Attorney and approved to move forward. Equity Considerations Rapp Strategies, Inc is committed to designing a communications program to help the City reach all residents in the community. Recommended Action Motion to authorize an agreement for professional communications and consulting services with Rapp Strategies, Inc in an amount of $39,500. Supporting Documents 231 Agreement for Referendum Communications & Consulting Services with Rapp Strategies, Inc 232 1 PROFESSIONAL SERVICES AGREEMENT FOR REFERENDUM COMMUNICATIONS SERVICES THIS AGREEMENT is made this July 6, 2023 (“Effective Date”) by and between Rapp Strategies, Inc.(“Contractor”), a strategic communications firm based in Minnesota with its principal office located at333 S. 7thSt. Suite 2120 Minneapolis, MN 55402, and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing professional communications services and strategic communications counseling. B. The City desires to hire Contractor to provide strategic communications counseling and communications services to support Client’s public information and community engagement program related to the City’s sales tax referendum on November 7, 2023. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE,in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1.Services.Contractor agrees to providethe City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2.State Statute Compliance: Rapp Strategies specifically acknowledges that City is subject to Minn. Stat. §297A.99, subd. 1(d) and Rapp Strategies agrees that all work contemplated by this Agreement will be subject to City’s review and final approval prior to publication so that City may ensure compliance with that statute and other applicable law. 3.Time for Completion.The Services shall be completed on or before November 30, 2023, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 4.Consideration.The City shall pay Contractorfor the Services according to the terms on theFee Schedule attached hereto as Exhibit B and incorporated herein. The consideration shall be for both the Services performed by Contractorand any expenses incurred by Contractor in performing the Services. Contractor 233 2 shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty (30) days after Contractor’s statements are submitted. 5.Termination.Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 6.Remedies.In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 7.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years.Contractorshall maintain such records fora minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconductby Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. To the fullest extent permitted by law, the City agrees to protect, defend, indemnify, save, and hold harmless the Contractor, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other 234 3 technical, administrative or professional assistance resulting from or arising out of City’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by City. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valleyis named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amendedunless 30 days’written notice is provided to the City, or 10 days’written notice in the case of non-payment. 10.Subcontracting.Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11.Assignment.NeithertheCity nor Contractorshall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others.Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the 235 4 City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. As requested by the City, Rapp Strategies will provide website design services using a Squarespace template to be published on the City’s account on an Internet Service Provider (ISP) hosting service. In accordance with the Squarespace Terms and Conditions, the City will own the website and the content thereof. Other than as described in Section Number 1.b. herein, the City will be solely responsible for maintaining the website and purchasing and renewing the URL(s) and hosting services through the appropriate third-party vendors. During the term of this Agreement, the City authorizes Rapp Strategies to access the relevant website account(s) and authorizes the City’s hosting service to provide Rapp Strategies with access to the Client’s account(s) so that Rapp Strategies may perform design services and City-approved content may be populated to the website. 14. Rapp Strategies is providing website design services “as is” and makes no warranties or representations, either express or implied, that the website will be uninterrupted, error-free, free from viruses or other harmful components. In no event will Rapp Strategies be liable for any damages arising out of the operation of or inability to operate the website, including, but not limited to, client-approved content, service interruptions, security issues, or hacking. This section shall survive the termination or expiration of this Agreement. 15.Compliance with Laws.Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment andtobacco, drug, and alcohol use as definedon the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 16.Entire Agreement.This Agreement, any attached exhibits, and any addendasigned by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between Exhibits A and B, the terms of Exhibit B shall prevail. 17.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 18.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 236 5 shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 20.Work Products and Ownership of Documents.All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City orthe City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodologyused. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 21.Agreement Not Exclusive.The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 22.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement.These obligations shall survive the termination or completion of this Agreement. 23.No Discrimination.Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 24.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Cheryl Weiler, the Communications Director of the City, or designee.Contractor’s authorized agent for purposes of administration of this contract is Todd Rapp, CEO of Rapp Strategies. Todd Stone, Managing Director of Rapp Strategies, willsupervise the performance of all Services. 237 6 25.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Todd Rapp Rapp Strategies, Inc. 333 S. 7th Street Suite 2120 Minneapolis, MN 55402 Toddrapp@rappstrategies.com Cheryl Weiler City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 cweiler@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28.Payment of Subcontractors.Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29.Publicity.At the City’s request,theCity and Contractorshall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 32.Counterparts and Electronic Signatures.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable 238 7 document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally.Signature page follows.] 239 8 IN WITNESS WHEREOF,the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. RAPP STRATEGIES,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Todd Rapp, CEO Rapp Strategies, Inc. By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 240 EXHIBIT A SCOPE OF SERVICES 1. Lead weekly planning and strategy meetings. 2. Conduct community survey analysis − working with a polling vendor chosen by the city − using a 400-sample of adult residents. a. Present findings and analysis to the City Council and City staff. 3. Develop messaging to inform voters about the projects and referendum. 4. Create a month-by-month communications workplan, including editorial calendar, using City tools (newsletters social media, email, online video streaming) through Nov. 30. a. Help identify opportunities to provide information to all demographic communities within Golden Valley. This would include developing communications materials that communicate in the top three languages spoken in the City (English, Russian, Spanish). Rapp Strategies will also work with the city to identify and leverage communications platforms, community events, media outlets and other opportunities to help reach all diverse communities within the city. 5. Develop and design a referendum brand/logo. 6. Design and populate a referendum website, including FAQ. 7. Draft one press release announcing the launch of the microsite and the city’s public information program about the project and referendum. Will include translation functionality with the top three languages in print provided on the microsite. 8. Draft a series of social media posts announcing the public information plan, and two to three social media posts a week through Election Day (after debut of microsite). 9. Create two fact sheets describing the project and referendum. 10. Develop one slide presentation (10-12 slides) for community meetings. 11. Create two mailers to all postal customers regarding projects and referendum. 12. Write two guest columns by a government leader for local media. 13. Lead training sessions for council members and key City staff to prepare for public questions and interviews. 14. Provide post-election communications planning. 241 EXHIBIT B FEE SCHEDULE City agrees to pay Rapp Strategies a fixed fee of $39,500.00 for the services described in Exhibit A, including professional fees, ordinary office expenses and travel to Golden Valley up to twice monthly. Rapp Strategies will invoice the Client $7,900 per month for each of the five months from July through November 2023. 242 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3E. Adopt Resolutions 23-058, 23-059, and 23-060 Approving Transfer of Home Ownership Program for Equity (HOPE) Properties to the Housing and Redevelopment Authority Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary This item is the final step in authorizing the transfer of surplus property from the City/HRA to previously selected developers for the purpose of developing affordable housing. The City Council approved the Public Land Disposition Ordinance to prioritize surplus public land for affordable housing on December 21, 2021 (Motion Carried 5-0). In response, the Housing and Redevelopment Authority approved the Home Ownership Program for Equity and authorized the release of a Request for Qualifications process on June 21, 2022 (Motion Carried 5-0). The HRA approved the following qualified developers, funding contingent, to develop affordable homeownership options on city- owned land on August 16, 2022 (Motion Carried 5-0): Twin Cities Habitat for Humanity to develop a single family home at 1605 Douglas Drive North Greater Metropolitan Housing Corporation to develop a single family home at 4707 Circle Down Greater Metropolitan Housing Corporation to develop a single family home at 208 Meander Road The June 21, 2022 HRA approval of the land write down in the HOPE Guidelines and the August 16, 2022 approval of the developers for specific properties satisfied funders requirements for both site control and funding leverage. The developers successfully competed for development gap funding. To contribute toward the development, fill the financial affordability gap and leverage funding partner resources, the City and the HRA will consider providing a land write down to the developers and will sell each property for $1. Staff recommends the City resolves to convey and quit claim to the Housing and Redevelopment Authority the following properties: 1605 Douglas Drive North, 47XX Circle Down, and 208 Meander Road for the Home Ownership Program for Equity. The properties will be subsequently transfered from the HRA to the respective developers. Financial or Budget Considerations The appraised values are: $165,000 for 1605 Douglas Drive North, $165,000- $170,000 for 4707 Circle 243 Down, and $175,000 for 208 Meander Road. It is standard practice of local governments to write down the value of the land toward the development of the land for public benefit purposes previously authorized by the governing body. Legal Considerations The properties are currently owned by the City. This action will convey them to the HRA. The HRA will subsequently convey the properties to the respective developers. Equity Considerations The Home Ownership Program for Equity meets the City’s goals to preserve and promote economically diverse housing options in our community by creating high quality housing in Golden Valley for households with a variety of income levels, ages, and sizes. Dedicated publicly owned land for more affordable housing for homeownership is a valuable resource to meet our affordable housing goals. HOPE recognizes that systemic racism in housing occurs today — Black, Indigenous, and other communities of color continue to face discrimination and lack of access to affordable housing and home ownership. There are currently approximately 1,603 racially restrictive covenants in Golden Valley including 61 covenants on City/HRA owned parcels. The HOPE properties at 1605 Douglas Drive and 208 Meander Road have a racially restrictive covenant that will be discharged before the properties are transferred. Cities must also be more inclusive of populations from diverse populations by creating opportunities and resources for housing that are accessible at all affordability levels. Given existing racial and economic disparities in housing, providing both affordable rental and homeownership opportunity is not only vital to providing all individuals and families with housing choice, but also with access to stable housing that impacts their health, education, employment, and ability to build wealth. HOPE prioritized proposals from organizations that have demonstrated success in building relationships of trust with Black, Indigenous and People of Color populations and in serving first generation homebuyers. Serving homebuyers with annual incomes at 60% - 80% of Area Median Income as defined by Minnesota Housing Finance Agency' s Community Homeownership Impact Fund income limits for the 11 County Twin Cities Metro Area are also a priority of the Home Ownership Program for Equity. Recommended Action Motion to Adopt Resolution 23-058 Authorizing Transfer of 1605 Douglas Drive North to the Housing and Redevelopment Authority Motion to Adopt Resolution 23-059 Authorizing Transfer of 47XX Circle Down to the Housing and Redevelopment Authority Motion to Adopt Resolution 23-060 Authorizing Transfer of 208 Meander Road to the Housing and Redevelopment Authority Supporting Documents Resolution No. 23-058 Transfer 1605 Douglas Dr N to HRA Resolution No. 23-059 Transfer 47XX Circle Down to HRA Resolution No. 23-060 Transfer 208 Meander Rd to HRA 244 RESOLUTION NO. 23-058 RESOLUTION AUTHORIZING TRANSFER OF REAL PROPERTY LOCATED AT 1605 DOUGLAS DRIVE NORTH TO THE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the City of Golden Valley (the “City”) recognizes that its current housing environment severely underprovides affordable options, both in regard to rental and homeownership housing; WHEREAS,a shortage of quality affordable housing is not only damaging to the economic prosperity of the City and surrounding region, but actively restricts low-to- moderate income households from choosing to live in Golden Valley; WHEREAS,in addition, high housing costs contribute to both the historical and ongoing disparities in homeownership rates within the City, gatekeeping this key economic opportunity from those who might benefit from it the most; WHEREAS,addressing the affordable housing homeownership gap, through all means available, is one of the City’s most expedient means of making itself a supportive and united community, strengthened by the diversity of its residents; WHEREAS,in recognition of the shortage of affordable homeownership housing, the City encourages the use of vacant, unused parcels of land located within and owned by the City or the HRA for the development of affordable homeownership housing; WHEREAS,affordable housing needs and opportunities shall be considered before surplusing public lands for other purposes that are non-essential to local government operation; WHEREAS, the Golden Valley City Council enacted Ordinance No. 727 Amending the City Code, Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Land for Affordable Housing on December 21, 2021; WHEREAS,in response to the City’s enactment of Ordinance No. 727 to Prioritize Surplus Public Land for Affordable Housing, the Housing and Redevelopment Authority approved the Home Ownership Program for Equity and authorized the release of a Request for Qualifications process on June 21, 2022, and approved qualified developers on August 16, 2022; WHEREAS, the City and the HRA desire to develop certain real property pursuant to and in furtherance of the Home Ownership Program for Equity, said real property being described as follows: Address 1605 Douglas Drive North and Legal Description attached as Exhibit A; and, 245 NOW, THEREFORE, BE IT RESOLVED, by the City of Golden Valley: FOR VALUABLE CONSIDERATION, the City of Golden Valley, a Minnesota municipal corporation hereby resolves to convey and quit claim to the Housing and Redevelopment Authority in and for the City of Golden Valley, a body corporate and politic under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, legally described on the attached Exhibit A. Adopted by the City of Golden Valley, Minnesota this 5th day of July 2023. ____________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 246 EXHIBIT A LEGAL DESCRIPTION Lots 1 and 2, Belmont, according to the recorded plat thereof, Hennepin County, Minnesota. (Abstract Property) 247 RESOLUTION NO. 23-059 A RESOLUTION AUTHORIZING TRANSFER OF REAL PROPERTY LOCATED AT 47XX/4707 CIRCLE DOWN TO THE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the City of Golden Valley (the “City”) recognizes that its current housing environment severely underprovides affordable options, both in regard to rental and homeownership housing; WHEREAS,a shortage of quality affordable housing is not only damaging to the economic prosperity of the City and surrounding region, but actively restricts low-to- moderate income households from choosing to live in Golden Valley; WHEREAS,in addition, high housing costs contribute to both the historical and ongoing disparities in homeownership rates within the City, gatekeeping this key economic opportunity from those who might benefit from it the most; WHEREAS, addressing the affordable housing homeownership gap, through all means available, is one of the City’s most expedient means of making itself a supportive and united community, strengthened by the diversity of its residents; WHEREAS, in recognition of the shortage of affordable homeownership housing, the City encourages the use of vacant, unused parcels of land located within and owned by the City or the HRA for the development of affordable homeownership housing; WHEREAS,affordable housing needs and opportunities shall be considered before surplusing public lands for other purposes that are non-essential to local government operation; WHEREAS, the Golden Valley City Council enacted Ordinance No. 727 Amending the City Code, Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Land for Affordable Housing on December 21, 2021; WHEREAS,in response to the City’s enactment of Ordinance No. 727 to Prioritize Surplus Public Land for Affordable Housing, the Housing and Redevelopment Authority approved the Home Ownership Program for Equity and authorized the release of a Request for Qualifications process on June 21, 2022, and approved qualified developers on August 16, 2022; WHEREAS,the City and the HRA desire to develop certain real property pursuant to and in furtherance of the Home Ownership Program for Equity, said real property being described as follows: Address 47XX/4707 Circle Down and Legal Description attached as Exhibit A; and, 248 NOW, THEREFORE, BE IT RESOLVED, by the City of Golden Valley: FOR VALUABLE CONSIDERATION, the City of Golden Valley, a Minnesota municipal corporation hereby resolves to convey and quit claim to the Housing and Redevelopment Authority in and for the City of Golden Valley, a body corporate and politic under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, legally described on the attached Exhibit A. Adopted by the City of Golden Valley, Minnesota this 5th day of July 2023. ____________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 249 EXHIBIT A LEGAL DESCRIPTION Lot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. (Abstract Property) AND That part of Tract A described below: Tract A. Lots 1, 3, and 4, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies northerly of Line 1 described below: Line 1. Commencing at the east quarter corner of Section 30, Township 29 North, Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 2652.57 feet to the center of said Section 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27 feet; thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet and there terminating. (Abstract Property) 250 RESOLUTION NO. 23-060 A RESOLUTION AUTHORIZING TRANSFER OF REAL PROPERTY LOCATED AT 208 MEANDER ROAD TO THE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS,the City of Golden Valley (the “City”) recognizes that its current housing environment severely underprovides affordable options, both in regard to rental and homeownership housing; WHEREAS,a shortage of quality affordable housing is not only damaging to the economic prosperity of the City and surrounding region, but actively restricts low-to- moderate income households from choosing to live in Golden Valley; WHEREAS,in addition, high housing costs contribute to both the historical and ongoing disparities in homeownership rates within the City, gatekeeping this key economic opportunity from those who might benefit from it the most; WHEREAS, addressing the affordable housing homeownership gap, through all means available, is one of the City’s most expedient means of making itself a supportive and united community, strengthened by the diversity of its residents; WHEREAS, in recognition of the shortage of affordable homeownership housing, the City encourages the use of vacant, unused parcels of land located within and owned by the City or the HRA for the development of affordable homeownership housing; WHEREAS,affordable housing needs and opportunities shall be considered before surplusing public lands for other purposes that are non-essential to local government operation; WHEREAS,the Golden Valley City Council enacted Ordinance No. 727 Amending the City Code, Chapter 2 – Administration to Establish a New Ordinance to Prioritize Surplus Public Land for Affordable Housing on December 21, 2021; WHEREAS, in response to the City’s enactment of Ordinance No. 727 to Prioritize Surplus Public Land for Affordable Housing, the Housing and Redevelopment Authority approved the Home Ownership Program for Equity and authorized the release of a Request for Qualifications process on June 21, 2022, and approved qualified developers on August 16, 2022; WHEREAS,the City and the HRA desire to develop certain real property pursuant to and in furtherance of the Home Ownership Program for Equity, said real property being described as follows: Address 208 Meander Road and Legal Description attached as Exhibit A; and, 251 NOW, THEREFORE, BE IT RESOLVED, by the City of Golden Valley: FOR VALUABLE CONSIDERATION, the City of Golden Valley, a Minnesota municipal corporation hereby resolves to convey and quit claim to the Housing and Redevelopment Authority in and for the City of Golden Valley, a body corporate and politic under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, legally described on the attached Exhibit A. Adopted by the City of Golden Valley, Minnesota this 5th day of July 2023. ____________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 252 EXHIBIT A LEGAL DESCRIPTION The North 158.8 feet of Lot 4, Block 3, Tralee, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 434516 and 434517. 253 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3F. Adopt Resolution No. 23-061 - Reimbursement Agreement for the Remote Fire Station Prepared By Sue Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the Remote Fire Station that would not be covered by the Local State Appropriation. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed State Appropriations with shared costs and any remainder needs paid for by bond proceeds. The set sale time will be after the construction bids are received for the project. Financial or Budget Considerations The consideration of this agenda item will allow bond proceeds to pay for any allowed expenditure for the Remote Fire Station. Legal Considerations The reimbursement agreement follows Internal Revenue Code to be able to reimburse the city any expenditures before the bonds are sold. Equity Considerations N/A Recommended Action Motion to adopt Resolution No. 23-061 Relating to the Financing of City’s Remote Fire Station; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Supporting Documents Resolution No. 23-061 Declaring Official Intent - Reimburse Capital Expenditures of Project 254 GL135-49-867656.v1 1 RESOLUTION NO. 23-061 RESOLUTION RELATING TO DECLARING THE OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES OF A PROJECT FROM THE PROCEEDS OF TAX-EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the “Reimbursement Regulations”) under the Internal Revenue Code of 1986, as amended (the “Code”), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures will not be deemed spent unless certain requirements are met; and WHEREAS,the City of Golden Valley, Minnesota, a municipal corporation and a political subdivision of the State of Minnesota (the “City”), expects to incur certain expenditures that may be financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the proceeds of tax-exempt bonds; and WHEREAS,the City has determined to make a declaration of its official intent (the “Declaration”) to reimburse certain capital costs from the proceeds derived from the sale of tax-exempt bonds issued by the City or another political subdivision in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA AS FOLLOWS: 1.The City proposes to acquire, construct and equip a fire station public safety project (the “Project”). 2.The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt bonds in a principal amount currently estimated not to exceed $20,000,000. All reimbursed expenditures related to the Project will be capital expenditures, costs of issuance of the tax-exempt bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3.This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt bonds, except for the following expenditures: (a) costs of issuance of tax- exempt bonds; (b) costs in an amount not in excess of the lesser of $100,000 or 5% of the proceeds of the tax-exempt bonds; or (c) “preliminary expenditures” up to an amount not in excess of 20% of the aggregate issue price of the tax-exempt bonds that are reasonably expected by the City to finance the Project. The term “preliminary expenditures” includes architectural, engineering, surveying, soil testing, bond issuance and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of the Project, 255 GL135-49-867656.v1 2 excluding land acquisition, site preparation, and similar costs incident to commencement of construction. 4.A reimbursement allocation with respect to tax-exempt bonds will be made not later than 18 months after the later of: (i) the date the original expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than 3 years after the original expenditure. 5.This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the tax-exempt bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of tax-exempt bonds are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such expenditures for which bonds are issued. 6.The action is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the City Council of Golden Valley, Minnesota this 5th day of July, 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 256 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 3G. Adopt Resolution No. 23-062 Approving Amendment to Compensation and Classification Tables Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary City leadership across multiple departments continue to regularly review current positions to ensure that job descriptions are updated and new positions are added to enhance operational efficiencies. Over the last several months City staff reviewed and updated three positions within the City, which resulted in a reclassification. The Fire department updated the Fire Inspector I and II positions and the Community Development Director updated the Planning Manager position to reflect the increased responsibilities and oversight of the Environmental team and the GIS position. The Planning division updates were effective May 22, 2023, therefore staff propose the Planning Manager reclassification be retroactive to May 22, 2023. The City continues to use David Drown and Associates to grade and classify positions. Financial or Budget Considerations The budget impact will be absorbed into the City's 2023 general fund budget. Legal Considerations The City contracts with DDA to grade all of the positions and ensure compliance with applicable Minnesota Local Government Pay Equity laws. Equity Considerations This reclassification aligns with the City's equity pillar: Economic Prosperity for All. Recommended Action Motion to Adopt Resolution No. 23-061 Approving Amendment to Compensation and Classification Tables. Supporting Documents Resolution No. 23-062 Comp Study Update 257 RESOLUTION NO. 23-062 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020, the City Council approved implementation of the Study; and adopted the compensation grid for the City: WHEREAS,on December 15, 2020, the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22-048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and by Resolution 23-007 on April 4, 2023; and WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s practice for the City Council to review and adopt the Compensation Grid and Classification Table annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following 2023 Full-Time & Part-Time Regular Compensation Grid effective January 1, 2023: Grade Compensation Grid 4.90%4.90%4.90%4.90%4.90%4.90% 1 2 3 4 5 6 7 1 $19.81 $20.78 $21.79 $22.87 $23.99 $25.16 $26.39 2 $20.99 $22.02 $23.10 $24.24 $25.42 $26.67 $27.96 3 $22.25 $23.34 $24.48 $25.68 $26.93 $28.26 $29.64 4 $23.59 $24.74 $25.96 $27.22 $28.56 $29.95 $31.43 5 $25.24 $26.47 $27.77 $29.14 $30.56 $32.05 $33.62 6 $27.00 $28.33 $29.72 $31.17 $32.69 $34.30 $35.98 7 $28.35 $29.74 $31.19 $32.72 $34.33 $36.01 $37.78 8 $29.48 $30.93 $32.45 $34.03 $35.70 $37.45 $39.28 9 $30.67 $32.18 $33.75 $35.40 $37.14 $38.95 $40.86 10 $32.20 $33.77 $35.43 $37.16 $38.99 $40.90 $42.90 11 $36.39 $38.17 $40.05 $42.00 $44.06 $46.23 $48.48 258 12 $38.56 $40.46 $42.44 $44.52 $46.70 $48.99 $51.39 13 $40.50 $42.48 $44.56 $46.74 $49.04 $51.44 $53.96 14 $42.12 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 15 $44.22 $46.38 $48.66 $51.05 $53.54 $56.17 $58.93 16 $46.88 $49.17 $51.57 $54.11 $56.75 $59.53 $62.67 17 $49.70 $52.13 $54.68 $57.36 $60.17 $63.12 $66.21 18 $54.16 $56.81 $59.60 $62.52 $65.58 $68.79 $72.16 19 $56.87 $59.65 $62.57 $65.64 $68.86 $72.23 $75.77 20 $59.71 $62.63 $65.70 $68.92 $72.30 $75.84 $79.56 21 $62.70 $65.78 $68.99 $72.38 $75.92 $79.64 $83.53 22 $66.46 $69.71 $73.13 $76.71 $80.47 $84.41 $88.55 23 $70.44 $73.89 $77.52 $81.32 $85.29 $89.48 $93.86 2. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table: Grade Positions 1 2 Guest Services Specialist 3 Administrative Assistant – Fire Department Brookview Events Coordinator Community Service Officer Police Department Office Assistant Recreation Coordinator 4 Administrative Assistant – Inspections Administrative Assistant – Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Community Service Officer Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 259 6 Facilities Maintenance Specialist Executive Assistant - City Manager’s Office Inspections Administrative Specialist Community Development Assistant/Deputy City Clerk Utility Billing Specialist 7 Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Restaurant & Catering Coordinator Street Maintenance Worker Sustainability Specialist Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Communications Specialist Community Connections and Outreach Specialist Executive Chef Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Police Investigator – Non-Sworn Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor Water Distribution Specialist 10 Assistant Golf Operations Manager Engineering Technician III Fire Inspector I GIS Specialist Planner Police Support Services Supervisor Water and Natural Resources Specialist 260 11 Accountant Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Fire Inspector II Greens & Turf Specialist Human Resources Generalist Information Technology Specialist Patrol Officer Payroll Accountant Recreation & Facilities Supervisor Recreation Supervisor 12 Deputy Fire Marshal Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk Equity and Inclusion Manager 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Housing and Economic Development Manager Information Technology Manager 17 Planning Manager Police Lieutenant 18 City Engineer Communications Director Assistant Police Chief 19 Community Development Director Finance Director Fire Chief Parks & Recreation Director Public Works Director 20 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 22 23 City Manager 261 3. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2023: Steps 1 2 3 4 5 6 7 Grade 1 $11.81 $12.42 $13.01 0 0 0 0 2 $12.63 $13.28 $13.92 $14.57 $15.20 $15.84 $16.30 3 $13.16 $13.82 $14.48 $15.18 $15.84 $16.51 $16.96 4 $13.63 $14.45 $15.16 $15.85 $16.57 $17.27 $17.73 5 $13.87 $14.98 $15.71 $16.45 $17.18 $17.98 $18.46 6 $15.10 $15.53 $16.77 $17.33 $18.07 $18.97 $19.44 7 $17.72 $18.54 $19.26 $19.96 $20.75 $21.51 $21.98 4. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: Grade Position 1 Starter/Ranger Warming House 2 316 Restaurant Positions: Bartender Server Dishwasher/Bar‐Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: Playground Leader Field Attendant Sports Instructor Golf Operations: Beverage Cart Attendant Par 3 Cashier Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist 5 Golf Office Assistant Pathways Intern 6 Community Health Worker Intern Golf Maintenance Technician Lead Pro Shop Cashier 262 Park and Recreation Intern Seasonal Public Works Worker 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Elections Assistant Engineering Intern Golf Staff Coordinator Guest Services Lead Human Resources Assistant Water Resources Intern 5. The City hereby adopts the following paid on-call firefighter compensation, effective January 1, 2023: Battalion Chief $25.34 Per Hour Captain $23.47 Per Hour Lieutenant $21.77 Per Hour Firefighter $18.91 Per Hour Firefighter-Apprentice $16.07 Per Hour Firefighter in Training $12.93 Per Hour 6. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 5th day of July 2023. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 263 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 4A. Adopt Ordinance No. 765 Approving Zoning Map Amendment for 208 Meander Road Prepared By Myles Campbell, Planner Summary 208 Meander Road is an undeveloped property located in a residential neighborhood north of Glenwood Ave and west of Xenia Ave N. The property is zoned Institutional - Parks and Natural Areas, and is guided in the future land use plan for Low Density Residential. The property is currently owned by the City of Golden Valley, which has targeted the property for potential redevelopment as part of its Homeownership Program for Equity (HOPE). The site has not been identified as an asset for expansion in the City's system of parks or natural resource areas. In March of 2022, the Housing and Redevelopment Authority (HRA) designated this location as suitable for development and to be included in the first round of HOPE. For full details on the site, as well as staff's analysis in regards to the rezoning refer to the attached memo to the Planning Commission from their meeting on June 12th. The Planning Commission voted 4-0 to recommend denial of the change in zoning. While they felt that the site and surrounding neighborhood was suitable for single-family zoning, they wanted to have more information available to evaluate whether or not the lot could be built on and if the builder anticipated the need for a variance. Multiple community members also made public comments on the topic. Most questioned the viability of the site for a home, and asked whether the site could be better utilized as parkland. For more details on the meeting's discussion, see the attached meeting minutes. Given concerns from neighbors and the Planning Commission, following that meeting staff reached out to Greater Metropolitan Housing Corporation (GMHC), the development partner selected for this property. GMHC drafted a preliminary site plan using one of their typical model homes to show how it may lay out on the site and to demonstrate any need for potential variances. That site plan is attached with this executive summary, and shows a potential reduction in the front setback of 6.5 feet, bringing the required 35 foot front setback to 28.5 feet and leaving roughly 53.5 feet of front yard between the home and the back of curb. Its worth noting this is not a final design and that this zoning amendment is not an approval of a specific variance. That said, staff recognizes in this site unique aspects which typically support a variance roughly at this scale and only impacting the front setback. Given the previous findings provided to the Planning Commission, and that the parcel is buildable in staff's opinion, staff remains supportive of amending the zoning map for this parcel to allow for 264 construction of a single-family home. Financial or Budget Considerations The goal of the HOPE program is to transfer this land to a partner organization to develop as housing, and as such the city would not make any significant profit from selling the land. Legal Considerations The City Council is given broad latitude in evaluating a rezoning request, but must make findings either in support of the action or against it. Equity Considerations HOPE seeks to develop this parcel as an affordable home through its building partners as well as the local land trust group, Homes Within Reach. The home would be targeted to a household making 60- 80% of Area Median Income. Recommended Action Motion to Adopt Ordinance No. 765 Approving Zoning Map Amendment for 208 Meander Road. Supporting Documents Memo to Planning Commission 6/12/23 Planning Commission Minutes 6/12/23 DRAFT City Zoning Map Preliminary Site Map Proposed GMHC Site Plan Proposed Elevation/Floorplan Ordinance No. 765 Zoning Map Amendment HOPE 208 Meander Road. 265   1      Date:  June 9, 2023  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner  Jason Zimmerman, Planning Manager  Subject:  Informal Public Hearing – Zoning Map Amendment – 208 Meander Road      Property address: 208 Meander Road  Applicant: City of Golden Valley   Property owner: City of Golden Valley  Current use: Vacant Open Space Lot size:  13,604 sq.ft.  Guided Land Use: Low Density Residential Zoning: Institutional – Parks & Natural Areas  Adjacent uses: Single‐family Residential (North, West, South), Railroad ROW (East)      2021 aerial photo (Hennepin County)    266 2    Summary & Background  208 Meander Road is an undeveloped property located in a residential neighborhood north of  Glenwood Ave and west of Xenia Ave N. The property is zoned Institutional ‐ Parks and Natural  Areas, and is guided in the future land use plan for Low Density Residential.     The property is currently owned by the City of Golden Valley, which has targeted the property  for potential redevelopment as part of its Homeownership Program for Equity (HOPE). HOPE is  focused on creating new homeownerhip opportunities for households making household  making 60‐80% of Area Median Income (AMI) who would normally be priced out of Golden  Valley. The City has selected a development partner, Greater Metropolitan Housing  Corporation, who would build a new single‐family home  at the site.     The property is a little over 13,600 square feet in total area and is of an irregular shape, 80 feet  in depth on the north side and 110 feet on its south. The front lot line is curved to follow  Meander Road, and to the rear of the property is a portion of track for the Soo Line Railroad.  Also to the rear is a large overhead utility line owned by Xcel Energy, a portion of which does  cross into 208 Meander’s property boundary, and for which there is a private easement to  ensure access for Xcel. Previously the lot had included a curb cut and paved driveway towards  the south end of the property but this was removed prior to 2012.     Based on review of City records, the property has been zoned as an open space parcel going  back to at least 1973, which was when the city acquired the property through tax forfeiture.  Prior to this it had been guided for residential development after being platted in 1939 as a part  of the Tralee Addition. From the mid‐1970’s to the turn of the century this property and the  two to the north of it on Meander were zoned for Institutional uses, with the two other  properties for a time being part of the Perpich Center Planned Unit Development (then the  Minnesota Center for Arts Education). These were rezoned to R‐1, Single‐Family Residential, in  2008, leaving 208 Meander as the last non‐residential parcel in the local neighborhood, with  the exception of Paisley Park, a pocket park just to the west.     Proposal  The zoning request would change the designated zoning from Institutional ‐ Parks and Natural  Areas (I‐P) to Single‐Family Residential (R‐1).    Rezoning Analysis  Golden Valley’s zoning code does not set hard standards against which to evaluate a rezoning,  instead Planning Commission and City Council are given broader latitude in deciding if the  request is consistent with the broader zoning map for the city. In making a determination, the  City should take into account the purpose of zoning as outlined in the City code, which is “to  regulate land use within the City, including the location, size, use, and height of buildings, the  arrangement of buildings on lots, and the density of population within the City for the purpose  of promoting the health, safety, order, convenience, and general welfare of all citizens of the  City.” (Sec. 113‐2)    267 3    Zoning District Purpose and Uses  The rezoning request seeks to change the property’s zoning from I‐P to R‐1, the purpose  statements for each are below:     Institutional Zoning  The purpose of the Institutional Zoning District is to establish areas where both  public and private institutional uses such as schools, hospitals, parks, golf  courses, nursing homes, and public buildings may be located.    Single‐Family Residential Zoning  The purpose of the Single‐Family Residential (R‐1) Zoning District is to provide for  detached single‐family dwelling units at a low density along with directly related and  complementary uses.    In term of allowed land uses, both districts are narrowly defined in what is permitted or  permitted with a conditional use permit. For I‐P, permitted uses include:  ‐ Parks & playgrounds   ‐ Golf courses, country clubs, and other recreational facilities    For R‐1, permitted uses include:  ‐ Single‐Family Dwellings  ‐ Foster Family Homes  ‐ Residential Facilities serving six or fewer persons    Additionally, with a conditional use permit (CUP), a larger residential facility of up to 25 persons  could be allowed, as well as group family foster homes.     In examining the allowed uses, staff feels these are in support of the rezoning. The City parks  plan does not call for or anticipate converting this property into an actual City park to match its  zoning. The local neighborhood is currently served by a pocket park to the west, Paisley Park.  On the flip side, the property was originally platted as part of a single‐family subdivision. Given  its dimensions, and City control over the transfer of the property, staff believe it is unlikely to  ever be considered for any heavier uses that require a CUP, and is instead best suited as a  single‐family home.    Compatibility with Surrounding Area  Another important consideration is whether the rezoning would be compatible with surrounding  uses. In large part this property is surrounded by its neighborhood of low‐density single‐family  homes. The majority were built between 1950‐1970, but with some more recent cases of infill  redevelopment and subdivision of larger parcels. To the east is a stretch of railroad now used by  Canadian Pacific. These are not zoned, given that their use is solely as railroad right‐of‐way.  Approximately 10 trains per week use this stretch of track just to the east. The lower frequency of  268 4    trains and the existing residential properties on both sides of the rail lines lead staff to feel  comfortable supporting this property for rezoning and redevelopment.         Consistency with Principles, Goals, and Objectives  Finally, it is important to consider how this rezoning aligns with the City’s long‐term goals and  objectives, such as those set out in the 2040 Comprehensive Plan. 208 Meander Rd was guided  in the City’s future land use map for Low Density Residential, and as such this rezoning would  bring the two designations into better conformance. In addition, given the City’s goal of  developing the lot into affordable housing as part of the HOPE program, the following goals and  objectives from the Comprehensive Plan are also relevant.    Housing Goal 3: Increase Housing Affordability ‐ Increase housing opportunities at a cost that  low‐ and moderate‐income households can afford without compromising their ability to pay for  other essential needs    Objectives  ‐ Support the production of new, high‐quality, affordable housing in the City  ‐ Identify sites in Golden Valley and adopt land use policies that enable the City to meet  the Metropolitan Council’s affordable housing allocation requirement  ‐ Support long‐term affordability of single‐family homes through home ownership  programs and the community land trust model    269 5    Land Use Goal 3: Promote High‐Quality Development ‐ Ensure new development meets high  construction and visual quality standards and includes measures of sustainability    Objectives  ‐ Encourage developments to respect their surroundings  ‐ Recognize and support development patterns that acknowledge the character of  suburban neighborhoods    Land Use Goal 4: Prepare For Targeted Redevelopment ‐ Use public and private redevelopment  opportunities to advance the City’s Future Land Use Map and policies    Staff Findings  In order to provide support for the recommendation below, staff is offering the following  findings of fact related to rezoning the proposed parcel to R‐1, Single‐Family Residential.  ‐ City would benefit from utilizing the property for affordable single‐family home as part  of HOPE.  ‐ The proposed zoning of R‐1 returns the parcel to a residential use similar to when it was  originally platted.  ‐ The proposed zoning would match the guided land use in the 2040 Comprehensive Plan  as well as that of surrounding properties.  ‐ Utilizing the site for affordable housing is in line with a number of goals and objectives  from the Comprehensive Plan.  ‐ The parcel is not planned to be utilized as parkland in the City’s long‐term plans and has  no other role in providing governmental services.     Recommendation  Based on the findings above, staff recommends approval of the amendment to the Zoning Map,  changing the zoning for 208 Meander Road from Institutional ‐ Parks and Natural Areas (I‐P) to  Single‐Family Residential (R‐1).    Attachments  City Zoning Map (1 page)  Site Map (1 page)  270 REGULAR MEETING MINUTES DRAFT This meeting was conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Brookins. Roll Call Commissioners present: A. Brookins, M. McCormick, M. Ruby, C. Segelbaum Commissioners absent: Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner Council Liaison: Denise La Mere-Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the agenda of June 12, 2023. MOTION CARRIED 4. Approval of Minutes May 8, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 8, 2023. MOTION CARRIED May 22, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 22, 2023. MOTION CARRIED 5. Informal Public Hearing – Zoning Map Amendment Address: 208 Meander Road Applicant: City of Golden Valley June 12, 2023 – 6:30 pm Council Chambers Hybrid 271 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 2 Myles Campbell, Planner, started with a summary of the request from the City. The City is seeking the rezoning of an existing vacant parcel of land in order to redevelop the property into a single - family lot as part of its Homeownership Program for Equity (HOPE). The lot was originally platted in 1939 and was intended for a single-family home development. The lot has been zoned differently since then, is an irregular shape, and to the rear is a railroad right of way. In 2022 Council identified this and two other properties for the first round of HOPE. Staff would like to rezone this lot from its existing Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Rezoning Analysis Zoning Code gives broad latitude to Planning Commission and Council to determin e if a zoning map amendment is consistent with the purpose of the zoning code, adjacent uses, and the City’s Comprehensive Plan. Staff compared the two zoning districts and elaborated on discussions held with Parks and Rec that this lot was not part of the park system nor was it intended to be. Most homes in the surrounding area are single-family homes and even though there is a railroad nearby, there are many homes on both sides of the tracks. As part of the Land Use Plan for the City, this parcel was gu ided for future use as “Low Density Residential” and as such rezoning the property would bring the current and planned land uses into better conformance. HOPE was created in part due to the recognition in the Housing Chapter of the Comprehensive Plan that the City lacked quality affordable housing options and given the Twin Cities Metro-wide gap in homeownership between white and BIPOC households. Staff continued on to explain how this request is consistent with the goals and objectives of the comp plan. Staff Findings • City would benefit from utilizing the property for affordable single -family home as part of HOPE. • The proposed zoning of R-1 returns the parcel to a residential use similar to when it was originally platted. • The proposed zoning would match the guided land use in the 2040 Comprehensive Plan as well as that of surrounding properties. • Utilizing the site for affordable housing is in line with a number of goals and objectives from the Comprehensive Plan. • The parcel is not planned to be utilized as parkland in the City’s long-term plans and has no other role in providing governmental services. Recommended Action Based on the findings above, staff recommends approval of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Ruby asked if a new build would impact the electrical lines and staff stated it’s unlikely as the easement is 10ft wide and the home can’t be built in an easement. 272 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 3 Commissioner Segelbaum noted the request and the intention to build a HOPE property, then clarified the recommendation is on the rezoning regardless of what’s built. Staff affirmed this and added that the City owns the lot and would need to approve anything built on it and the HOPE build is the intention. The conversation continued around buildability, setbacks, and rezoning. Chair Brookins opened the public hearing at 6:40. Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and that staff did not receive comments otherwise in advance. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs There was a point on the presentation where staff said the City will benefit from this project and I’d like clarification on that. Additionally, a comment was made about “working around the railroad tracks” and the area being undesirable and working around that, I’d like to know how that happens. Linda Gieser 5924 Glenwood When I moved here 20 years ago, I did so because of the greenspace. 13 houses were built in this neighborhood since I moved in, there’s little greenspace aside from yards. I don’t under stand selling this lot and if it was a part of my own property, is it big enough to sell to a builder. It seems like the building envelope is tricky to meet. I understand affordable housing, I was a single mom and struggled for the first 40 years of my life. I understand not being able to afford someplace that is nice but it’s possible if you work hard. I don’t object to helping others, but I think putting them on that plot of land, one that doesn’t seem desirable to build a house, doesn’t help them or the neighborhood. I’m also wondering why the newsletter of the month said they were breaking ground in July if this hasn’t been approved yet. Mark Westby 204 Meander Road I live next door to this property, on the south side. I think the current zoning does a lign with the intended use for this property. The Golden Valley speaks presentation noted that Parks and Rec said this area acted more as an “open space” and there are several other open spaces and nature areas in the City that share the I-P zoning code. It would be inappropriate to compare these properties to the intended R-1 zoning code, it’s absurd to say they can’t fit a golf course on the property so it shouldn’t be designated I-P. These open spaces are an integral part to our City’s 2040 comp plan, it emphasizes Golden Valley’s commitment to preserving parks and nature areas. Goal 5 of the Land Use Chapter focuses on environmental protection and aims to preserve and enhance land that supports existing trees and plants. The implementation action plan further highlights the prioritization of natural resources enhancement and protection through the use of inventory of remnant parcels. The project HOPE documentation states that the preparation on meander would require the removal of a substantial number of trees and shrubs. Moreover, the two lots north of 208 Meander, used to be a part of the same natural space and they have been renovated and rezoned within the last 10 years. 273 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 4 The City has already decimated the natural spaces in our area. Suggesting that the Parks Department lacks plans to create a park justifies this development is disingenuous. They haven’t maintained that property in 50 years, I maintain the property right now and the owners of my property before me maintained it. They maintained that lot since 1963 when the house was built and even had a shed on 208 Meander that was placed in 1963 and it stayed in place until December 2021 when we bought the house. You cannot build a house on this lot right now. The August 10, 2022 meeting minutes from th e HRA work session, Cherie Shoquist noted this site would require significant variances to be developed. So why should we rezone if this property can’t fulfill its intended use. Chair Brookins invited remote callers to speak. There were no remote callers. Chair Brookins closed the public comment portion at 6:27pm. Staff responded to the comments and reminded everyone the homes in the HOPE program are targeted for folks who make 60-80% of the Area Median Income (AMI). Staff went on to stat that specifically is a household making between 75k/year to 95k/year and the goal of this program is for folks to gain housing who have been otherwise priced out. Golden Valley home prices have increased and this year houses eclipsed 400k for the average cost of a single-family home in Golden Valley. This price point is unattainable for many members of the community. Yes, the home will be placed near the rail road tracks and there’s no way around that. Staff discussed the easement, ROW, and there’s about 50-60ft from the railroad. Additionally, this isn’t the only home in the City adjacent to the railroad ROW, and if the City had other properties available they would present those options. The July newsletter was likely referring to 1605 Douglas Drive as it did not have any entitlements to get through first and Habitat for Humanity has targeted a July state date. Tree mitigation was mentioned and there are a number of mature trees on the south side of the lot and it’s also the most buildable area on the lot. There are a number of trees that could potentially be removed or damaged during redevelopment and we would require the City’s tree mitigation standards to be put in place. A prospective developer also mentioned adding trees along the ROW to create a natural buffer. The goal is not to clear cut this lot and not replace trees. Jason Zimmerman, Planning Manager, noted an email that was forwarded from someone who spoke regarding pollution related to being near highways and high traffic areas. He supposed the implication is that living in these high traffic areas may not be especially healthy. Commissioner Ruby supports HOPE, affordable housing, and his concerns about this particular lot may not be a factor for this particular recommendation. He asked staff if that was part of the discussion and he added if it was appropriate to request building plans to assist in a recommendatio n to Council. Segelbaum added that there have been situations in the past where a builder offers plans and there have been other situations where the group is to determine if the lot is buildable and where it’s buildable. If another committee stated it would need variances, we don’t know if that’s true. Chair Brookins noted that the lots in this neighborhood are different sizes and don’t fit the 274 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 5 current standard. It seems that most of the houses in the area would require variances if they were built today. There’s also no way to know if this lot will require a variance. The discussion went on to review the height requirements, building envelope, and how potential variances could factor in. Staff noted that if the Commission couldn’t make a recommendation, tabling would be the next reasonable choice as there’s no way to add a condition to a zoning map amendment. Commissioners requested a map to see the buildable area. Staff added that during subdivisions that part of the presentation includes buildable areas; during rezoning requests it’s less typical. In this situation it could be done since staff knows the setbacks, and easements. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, moved to table this item until later in the agenda so staff can draw up a buildable area to complete the presentation. MOTION CARRIED 6. Informal Public Hearing – Zoning Map Amendment and Future Land Use Plan Amendment Address: 4707 Circle Downs Applicant: City of Golden Valley Myles Campbell, Planner, summarized the three pieces to this request: The City is seeking three related entitlements in order to redevelop a vacant portion of ROW into a single-family lot as part of its Homeownership Program for Equity (HOPE): 1. Amend the Future Land Use Map to guide it Low Density Residential 2. Amend the Zoning Map to zone the property to Single-Family Residential (R-1) 3. Review and approve the Preliminary Plat that would create parcel boundaries through subdivision Staff provided a background of the area, MnDOT acquisition, easements, and the topography. Proposal • City Council identified this and two other properties for the first round of HOPE in late spring of 2022, the program targets City-controlled sites to develop homes affordable to households making 60-80% AMI • After entitlements are finalized, site would be transferred to Greater Metropolitan Housing Corporation to be developed as a single-family home • Redevelopment would require new utility connections to City facilities located in existing ROW • Tree protection and replacement standards would apply for the redevel opment • Given the existing stormwater infrastructure on-site and a desire to mitigate highway impacts, staff expects the home would be located closer to the northeast portion of the lot Staff Findings on Zoning and Land Use • The proposed single-family classification is consistent with surrounding neighborhood 275 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 6 • The proposed use would help to achieve a number of goals from the Comprehensive Plan • The parcel is no longer needed by MnDOT for highway purposes, and has no anticipated use within city park or public works governmental services • Utilizing the land for affordable homeownership as part of HOPE would benefit the City’s variety of housing opportunity Recommendation Staff recommends approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. Staff recommends approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). Staff recommends approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Commissioner Ruby asked staff about stormwater drain and staff responded the drain would remain, and the buildable area is still a large triangle, not impeding the easement. Staff went on to explain city easements, private easements, and the homeowner’s property lines. Commissioner Segelbaum noted the lot’s wooded area, and staff expanded on the tree ordinance . Chair Brookins asked about the removal of City ROW at the rear of the property and staff responded that it was to increase the lot size and remove ROW parcel fragments. Chair Brookins opened the public forum at 7:32pm. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs I’ve lived across the street from this property for 30 years and that field hasn’t been touched in that whole time. It’s disingenuous for the City to say selling this property prevents them from having to care for it because they never have. I believe the City got this property back from DOT 5-6 years ago and nothing has ever happened. The area along the south wall is a deer passageway so I’m not sure what will happen to that if it all becomes private property. It feels like the City is identifying any green space that isn’t a park and placing something on it. Just because something is a DOT remnant, doesn’t mean it should be developed. All the vegetation you saw prevents noise and air pollution for us and it’s not just trees. The urban report said that the effectiveness of noise barriers is up for debate but are more effective when constructed alongside mature vegetation. Those of us in the neighborhood know that when a tree comes down, our noise goes up and when that happens, our property value goes down. The same report says that property values go down 4-10% the closer they are to a freeway and I think this is hurting current owners by doing anything in that space. You can 276 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 7 talk about not disrupting the part next to the sound wall but anything in the area will be an impact. According to the Urban Institute there should not be new construction that close to a highway for reasons of health and home values. Their expertly sourced paper states that with every 1000ft closer to a highway you are, there’s an 8% increase in stroke mortality and a 5% increase in heart attack, from pollution and noise. You’re talking about a vulnerable population, families of color, that you want to put in that house, who are already at increased risk for cardiovascular and pulmonary disease. Of course, a family wants to take advantage of a discounted house, but at what risk to their own health. My next-door neighbor put her house on the market last week because her realtor told her the noise will go up and her property value will go down and she should get out while she can. She lives in a 1.7 million historic home, she’s been there for 7 years, and it’s now for sale because of the work of the City. I don’t think that’s the intended effect of this. Have you visited these properties? On Meander, only a few need to be visited. If you don’t live there you don’t understand the nuance of noise. Arguments that say this isn’t the first house by a freeway wall or railroad track are hard to accept because we’ve learned a lot more about noise pollution in the last 30 years. Again, you’re talking about a vulnerable population, families of color, and putting them in places that will impact their health. I think Golden Valley can do better than that. I asked someone why we’re doing this program on these properties and the said because it’s the cheapest. Do we always only take the cheapest vendor bids? Do we buy the cheapest equipment and vehicles for the police department? I’m all for diversifying Golden Valley. If a neighbor of mine sold their house and moved, maybe there’s another program the City can participate in where they can buy that house and use if for this purpose. I think the City has taken a short -sighted approach to these properties and not using them well. Mary Winter 609 Ottawa I object to this because of what it’s going to do to my property value. The previous speaker is my neighbor and I agree with everything they said. I want to know how many of you live next to “affordable housing”. That’s all. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 7:39pm. Commissioner Ruby asked for clarification on the request and it’s a whole recommendation, there isn’t an ability to negotiate an aspect of the recommendation. The subdivision is happening. Staff responded that the requirements for a subdivision were laid out in the memo and unless the Commission found they were not met, there isn’t a negotiation. Commissioner Segelbaum added that voting on the subdivision doesn’t occur until the rezoning is approved. Segelbaum reminded everyone that the Commissioners are volunteers and residents of Golden Valley, most of whom have lived in the City for a long time. He added that he understands impacts to a neighborhood and this body’s job is to protect the interests of those coming before them and those that are not. That consideration is weighed with the City’s interest and they are to find the balance. Segelbaum continued that he doesn’t have concern about this property other than it is green space 277 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 8 that folks have gotten used to; he understands it’s easy to assume things will remain the sa me indefinitely. Ultimately it is the City’s choice to do what they’d like with their property and it’s the job of this body to determine if that use is reasonable based on the factors before them. When the factors are applied, this meets the standards. Chair Brookins echoed these statements. The lot is significant, it’s buildable, there are protections in place for tree mitigation, the buildable area barely has a tree in it. Segelbaum added it’s in their best interest to maintain trees. The discussion continued on specifics of tree mitigation. MOTION made by Commissioner Segelbaum, seconded by Commissioner McCormick, to recommend approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat MOTION CARRIED 7. Informal Public Hearing – Minor Subdivision of 7324 Harold and Associated Subdivision Variance Address: 5317 Glenwood Applicant: Lake West Development Myles Campbell, Planner, noted this item includes two approvals, a subdivision and a subdivision variance. Staff noted the property’s location in the City and reviewed its current zoning. The current home was built in 1926, on the east side of the lot, and is lower when compared to the topography of surrounding areas. This slope adds to stormwater and runoff challenges. The proposal is to subdivide and create two R-1 lots, the existing home would stay but be remodeled to increase livability. A new home would be built on the other portion and subject to current zoning standards. Both lots would exceed the area requirements for new R-1 parcels, but both fall slightly short of the required 80’ in width, necessitating the subdivision variance . Staff reviewed existing and proposed drainage patterns as well as lot size details. Staff discussed the public meeting that was held in May and reviewed some of the comments. Staff noted the subdivision requirements, other staff that was involved in the review, and the Fire Department did not have concerns. 278 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 9 Staff continued to review the subdivision standards, the conditions, and noted that the Council and Commission may also consider surrounding uses, resulting population density of the subdivision/consolidation, and traffic impacts. Recommendation Based on the findings, staff recommends approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. If the variance is approved, then based on the findings above staff recommends approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the Final Plat. If the variance is not approved, the lot width requirement cannot be met and therefore staff recommends denial of the minor subdivision with a finding that the proposal does not meet the Minimum Dimension Requirements of the Subdivision Code. Chair Brookins opened the public forum at 8:02pm. Chair Brookins invited in person commenters to speak first. There were no in person commenters. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 8:03pm. Commissioner Ruby noted he appreciates the ability to maintain the current home, he added he’s concerned about how approving this request may open to more requests of this nature. Ruby asserted he’s in favor of this request. Commissioner Segelbaum noted much of the same and added the approval should specify the circumstances that lead to approval. Chair Brookins said much of the same and added the benefits that will come to all the neighbors by the improved drainage. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, to recommend approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. MOTION CARRIED MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to recommend approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the F inal Plat. MOTION CARRIED 279 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 10 Commissioners returned to the previously tabled item, 208 Meander Road. Jason Zimmerman, Planning Manager, displayed an image he created to clarify the building envelope for 208 Meander Road. Staff discussed the setbacks, the building envelope, and superimposed other homes in the area that roughly fir within the building envelope for comparison and clarity. Before this item goes before City Council, the image and measurements could be refined. Chair Brookins noted that the road is offset from the ROW and that the ROW is larger than average. He asked if BZA takes those things into account when reviewing variances. Staff asserted they do take it into account and that Meander was likely reconstructed and there is additional boulevard space. This particular ROW is around 20ft and the average in Golden Valley is 10 -15ft. Commissioner Segelbaum said the building envelope is present but it feels like a stretch since the depth is narrower. He added that until he sees the detailed envelope, he’s not sure how he can recommend approval. Commissioner Ruby said the neighborhood is R-1 and if a house can fit there, it makes sense. The struggle is the building envelope looks like a hallway and it’s hard to see this development without a lot of variances. The conversation continued around the homes in the neighborhood, variances, and current regulations. Staff added that if this item were moved on to Council, there would be more information on the exact envelope, a conversation with a developer could occur to understand what style of house would meet the envelope requirements without a variance, or there would be an understanding of what variances would necessitate a build. The conversation continued around staff’s general recommendation and how the HOPE program factor’s in to the decision, and that this lot is appropriate to receive an R-1 designation. MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend denial of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Segelbaum added his denial is based on his uncertainty around how realistic it is to place a home in the building envelope. Commissioner Ruby echoed that statement, and added that this decision isn’t based on negativity towards the HOPE project or similar opportunities in Golden Valley. MOTION CARRIED – End of Televised Portion of Meeting – 8. Council Liaison Report Council Member La Mere-Anderson let the Commission know that the off-street parking updates had been approved by the City Council and that former Planning Commissioner Ginis has been sworn in as a Council Member. She noted that June was proclaimed as Pride Month and that Juneteenth 280 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 11 was now a city holiday. The Douglas Drive / Highway 55 project had its groundbreaking and interviews for new Commissioners were scheduled for July. 9. Other Business None. 10. Adjournment Meeting adjourned at 8:37 pm. ________________________________ ________________________________ Secretary, Mary McCormick Amie Kolesar, Planning Assistant 281 M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area WildwoodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St CroixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area General Mills NaturePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) Bassett Valley Open Space Byrd BluffOpenSpace → FishingDock PaisleyPark XeniaOpenSpace DahlbergOpenSpace Minnaqua Greenbelt (TRPD) (Mpls Park & Rec Board) Plymouth Avenue The Trailhead 456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55 Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 34th Ave N Medicine Lake Rd BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd Mendelssohn Ave NWinnetka Ave NSunnyridgeCir Western Ave (WaterfordDr)Hillsboro Ave NZealandAve N Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N KalternLn Wynnwood Rd 25th Ave N Bies DrJonellen Ln Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave Wynnwood Rd Kenneth Way Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter 33rd Ave N Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid d e nLnkesPkwy)Meadow Ln NFrance Ave NTopel Rd Unity Ave NPhoenix St Parkview 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County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Fron t a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NPassG reenwayU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts On FireMinistry C I T Y O F N E W H O P E C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTH74 83 94 88 7 5 13 34 8 25 78 87 79 6 75 86 27 56 66 90 46 3365 71 6795 51 70 8163 53 22 93 91 76 84 3947 1-A 72 61 59 68 30-B 77 1-B 42 28 44 89 36 24 18-A 55 2658 95 26-A34 14 48 54 41 98 96 97 100 109 121 120 118 115117123 113 114 110 122 124 112 C C B B A A City of G old en Va lleyCommunity Deve lopment Department7800 Go lden Valley R oadGolden Valley, MN 554 27-458 8763-593 -8095www.g olde nvalle ymn.go v Official Zoning Map Zoning Districts I:\Maps\ZoningMap.pdf ORDINANCE NO. 244, 2ND SERIES This is the Official Zoning Map referred to in Section 113.56 of the Zoning Chapter of the City Code of the City of Golden Valley. Adopted this 20th day of December 2022. 59 Planned Unit Development (PUD) See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance Rate Mapsfor the City of Golden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November 4, 2016. Flood Plain Management Zoning Overlay District I-394 Overlay Zoning District (A, B, & C) Shoreland Overlay District See Section on Shoreland Managementfor setback distance from protected waters. A (R-1) Single-Family Residential (R-2) Moderate Density Residential (R-3) Medium Density Residential (R-4) High Density Residential (MU-E) Mixed Use Employment (MU-N) Mixed Use Neighborhood (MU-C) Mixed Use Community (O) Office (C) Commercial (LI) Light Industrial (I) Industrial (I-A) Assembly: Places of Worship,Schools, Libraries, Museums,Cemeteries: Assembly (I-C) Civic: City, County, and StateFacilities (I-M) Medical: Convalescent Homes,Nursing Homes, Hospitals (I-P) Parks & Natural Areas: Parks,Playgrounds, Natural Areas, GolfCourses Not Zoned Print Date: 3/23/2023Sources: Hennepin County Surveyors Office for Property Lines (2023). City of Golden Valley for all other layers. 0 800 1,600 2,400 3,200400Feet I Approved Amendments Most recent amendment: Ordinance 760 on March 21, 2023 Contact the Community Development Department at City Hall for a list of past amendments. 282 13,593 sqftMeander Rd208 204 124 0 50 10025Feet Assigned Addr ess 208 Meander Rd by the City of Golden Valley, 3/7/2018 I283 284 285 ORDINANCE NO. 765 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Amending the Zoning Map and Rezoning Properties at 208 Meander Road City of Golden Valley, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the property at 208 Meander Road from Institutional - Parks & Natural Areas (I-P) to Single-Family Residential (R-1). Section 2. The tracts of land affected by this ordinance are legally described as: Lot 4, Block 3, Tralee Addition, Golden Valley, Minnesota. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 5th day of July 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 286 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 4B. Public Hearing for HOPE Property at 4707 Circle Down - Ordinance No. 766 and Resolution No. 23- 063 - Zoning, Land Use, and Preliminary Plan for Subdivision Prepared By Myles Campbell, Planner Summary 4707 Circle is the proposed address for an undeveloped portion of right-of-way (ROW) located in the southwestern most portion of the North Tyrol neighborhood. The City of Golden Valley is the current owner of this ROW and seeks to plat the land and provide it zoning and land use guidance in order to be utilized for the construction of a single-family home in partnership with the Greater Metropolitan Housing Corporation. Given that it is considered ROW, the land currently is unzoned and is not guided for any particular land use in the 2040 Comprehensive Plan. The three entitlements included under this agenda item were all heard by the Planning Commission at their meeting on June 12th. See the accompanying memos to the Planning Commission on more details for the existing conditions and staff's findings. The Planning Commission voted unanimously to recommend approval of the zoning, land use, and subdivision items, noting that the use of the property for housing was consistent with the surrounding neighborhood and the goals of the comprehensive plan. Multiple members of the public also spoke on this topic and raised concerns about the loss of trees and greenspace, along with the impacts of a home on surrounding properties. For full details on the discussion from that night, refer to the attached meeting minutes from June 12th. Staff will note that a previous condition of the subdivision was to provide additional corrections following direction of City Engineering staff. Some of these modifications have been made by the land surveyor since the Planning Commission meeting, and as such both copies are attached with this report for comparison. Staff is still recommending that the condition of approval be maintained in case further modifications are needed. Financial or Budget Considerations The goal of the HOPE program is to transfer this land to a partner organization to develop as housing, and as such the city would not make any significant profit from selling the land. Legal Considerations The City Council is given broad latitude in evaluating a rezoning request, but must make findings either 287 in support of the action or against it. However, for subdivisions a strict set of findings are laid out by code, and if met, allow for the subdivision. The City Attorney will determine prior to approval of the Final Plat if additional title review is necessary. Equity Considerations HOPE seeks to develop this parcel as an affordable home through its building partners as well as the local land trust group, Homes Within Reach. The home would be targeted to a household making 60- 80% of Area Median Income. Recommended Action Motion to adopt Resolution 23-063 Approving Future Land Use Map Amendment, c hanging the land use for 4707 Circle Down to Low Density Residential, and to authorize staff to forward the request to the Metropolitan Council for review. Motion to adopt Ordinance No. 766 Approving Zoning Map Amendment changing the zoning for 4707 Circle Down to Single-Family Residential (R-1) Motion to approve the proposed Preliminary Plan for Subdivision for 4707 Circle Down, subject to the following conditions 1. The applicant shall modify the final plat to accommodate corrections from City Engineering staff. 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Supporting Documents Planning Commission Memo 6/12/23 (Land Use & Zoning) Planning Commission Memo 6/12/23 (Minor Subdivision) Planning Commission Minutes 6/12/23 DRAFT Official Zoning Map Preliminary Plat - First Draft Preliminary Plat - Revised Ordinance No. 766 Zoning Map Amendment HOPE 4707 Circle Down Resolution No. 23-063 Comp Plan Map 4707 Circle Down 288   1      Date:  June 9, 2023  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner  Jason Zimmerman, Planning Manager  Subject:  Informal Public Hearing – Zoning Map Amendment and Future Land Use Plan  Amendment – 4707 Circle Down      Property address: 4707 Circle Down  Applicant: City of Golden Valley   Property owner: City of Golden Valley  Current use: Vacant Open Space Lot size:  39,578 sq.ft.  Guided Land Use: N/A Zoning: N/A  Adjacent uses: Single‐family Residential (North, East), Highway ROW (South, West)      2021 aerial photo (Hennepin County)  289 2      Summary & Background  4707 Circle is the proposed address for an undeveloped portion of right‐of‐way(ROW) located  in the southwestern most portion of the North Tyrol neighborhood. Originally platted as a  handful of lots within the Moshou Addition in 1965, MnDOT would soon after acquire the  property for highway construction and ROW purposes. It is located east of the interchange  ramp for Interstate 394 and Highway 100. MnDOT would eventually turn back the parcel to City  of Golden Valley to manage the ROW. Given that it is considered ROW, the land currently is  unzoned and is not guided for any particular land use in the 2040 Comprehensive Plan.     As noted, the property is currently owned by the City of Golden Valley, which has targeted the  property for potential redevelopment as part of its Homeownership Program for Equity (HOPE).  HOPE is focused on creating new homeownerhip opportunities for households making 60‐80%  of Area Median Income (AMI) who would normally be priced out of Golden Valley. The City has  selected a development partner, Greater Metropolitan Housing Corporation, who would build a  new single‐family home at the site.     If platted (as described in the accompanying memo on subdivision) the property would be  39,578 square feet in total area with frontages along both Circle Down and Natchez Ave S. An  existing underground storm sewer pipe also runs through the center of the proposed property,  which along with the adjacent highway would encourage a potential home design to utilize the  northeast portion of the lot.      Proposal  For this property both the zoning map and future land use map would need to be amended.      The zoning request would change the designated zoning to Single‐Family Residential (R‐1)   The land use amendment would change the future land use to Low Density Residential    Rezoning Analysis  Golden Valley’s zoning code does not set hard standards against which to evaluate a rezoning,  instead Planning Commission and City Council are given broader latitude in deciding if the  request is consistent with the broader zoning map for the city. In making a determination, the  City should take into account the purpose of zoning as outlined in the City code, which is “to  regulate land use within the City, including the location, size, use, and height of buildings, the  arrangement of buildings on lots, and the density of population within the City for the purpose  of promoting the health, safety, order, convenience, and general welfare of all citizens of the  City.” (Sec. 113‐2)          290 3    Zoning District Purpose and Uses  The purpose of the Single‐Family Residential (R‐1) Zoning District is as follows:    Single‐Family Residential Zoning  The purpose of the Single‐Family Residential (R‐1) Zoning District is to provide for  detached single‐family dwelling units at a low density along with directly related and  complementary uses.    In term of allowed land uses, for R‐1, permitted uses include:  ‐ Single‐Family Dwellings  ‐ Foster Family Homes  ‐ Residential Facilities serving six or fewer persons    Additionally, with a conditional use permit (CUP), a larger residential facility of up to 25 persons  could be allowed, as well as group family foster homes.     In examining the allowed uses and the purpose of the district, staff feels these are in support of  the rezoning. The property is currently underutilized as ROW and does not have a planned  future as a recognized park or open space in the City parks plan. Given this and the surrounding  neighborhood context, R‐1 seems the most likely zoning designation for the land. While R‐1  does allow larger residential facilities, the site conditions are not suitable for such a use, and  the City as the property owner can have more control over eventual redevelopment into a  single‐family home.      Compatibility with Surrounding Area  Another important consideration is whether the rezoning would be compatible with surrounding  uses. In large part this property is surrounded by its neighborhood of low‐density single‐family  homes. The majority of these homes were built during the post‐war housing boom in the early  1950s, but with some earlier examples as well as more recent cases of infill redevelopment. A  new single‐family home, if designed to be compatible with surrounding neighborhood would not  be out of place given these characteristics.    To the southwest is an interchange ramp between Interstate 394 and Highway 100. Mitigating  negative impacts from the highway would be a major goal of working with Greater Metropolitan  Housing Corporation to ensure that future residents are not encumbered by the adjacent  roadways. Staff will note however that there are existing cases of homes that abut Highways  elsewhere in the City. In this case the existing vegetation creating a buffer near the sound wall  would be preserved for the benefit of the new homeowner as well as existing residents.  Additionally staff expects the home to be built further away from the soundwall to again mitigate  impacts     291 4        Consistency with Principles, Goals, and Objectives  Finally, it is important to consider how this rezoning aligns with the City’s long‐term goals and  objectives, such as those set out in the 2040 Comprehensive Plan. Staff finds that activating this  property for an affordable single‐family home, as planned for with HOPE, would be in keeping  with a number of land use and housing related goals:    Housing Goal 3: Increase Housing Affordability ‐ Increase housing opportunities at a cost that  low‐ and moderate‐income households can afford without compromising their ability to pay for  other essential needs    Objectives  ‐ Support the production of new, high‐quality, affordable housing in the City  ‐ Identify sites in Golden Valley and adopt land use policies that enable the City to meet  the Metropolitan Council’s affordable housing allocation requirement  ‐ Support long‐term affordability of single‐family homes through home ownership  programs and the community land trust model    Land Use Goal 3: Promote High‐Quality Development ‐ Ensure new development meets high  construction and visual quality standards and includes measures of sustainability    Objectives  ‐ Encourage developments to respect their surroundings  292 5    ‐ Recognize and support development patterns that acknowledge the character of  suburban neighborhoods    Land Use Goal 4: Prepare For Targeted Redevelopment ‐ Use public and private redevelopment  opportunities to advance the City’s Future Land Use Map and policies    Future Land Use Analysis  Like zoning map amendments, city code does not provide specific standards to review proposed  changes to a property’s guided land use. They are often handled similarly, by examining how a  proposed land use is described in the Comprehensive Plan, whether it is compatible with  surrounding land uses, and whether it is consistent with the goals of the Comprehensive Plan.    For the latter two standards, staff generally holds the same findings as for the rezoning. The  surrounding properties are guided for Low Density Residential themselves, and as such the  same land use classification would not be out of place here. Utilizing this property for housing  would again be consistent with the goals of the Comprehensive Plan previously mentioned.     Land Use Description  The Low‐Density residential land use is one of the most common classifications found  throughout Golden Valley, and encompassing all of its single‐family residential properties, as  well as some historically established duplexes. Single‐family detached homes make up around  90% of all residential uses, which itself makes up a little less than 40% of land in Golden Valley  as a whole. Low Density Residential is described in the Comprehensive Plan as:     This category includes primarily single‐family detached units but may include single‐family and  two‐family attached units in scattered locations as appropriate. This land use should be  surrounded by other land uses with minimal impacts, such as institutional and open space.    Given the city’s goal to redevelop this property as an affordable ownership single‐family home,  this land use seems fitting with the intended use. In addition this location makes sense for the  proposed land use, as it is located in an existing residential neighborhood, and has park access  within a quarter mile walk in the form of North Tyrol Park.     Staff Findings  In order to provide support for the recommendations below, staff is offering the following  findings of fact related to rezoning the proposed parcel to R‐1, Single‐Family Residential and to  guide it towards Low Density Residential.   The proposed single‐family classification is consistent with surrounding neighborhood   The proposed use would help to achieve a number of goals from the Comprehensive  Plan   The parcel is no longer needed by MnDOT for highway purposes, and has no anticipated  use within city park or public works governmental services   Utilizing the land for affordable homeownership as part of HOPE would benefit the  City’s variety of housing opportunity   293 6      Recommendation  Based on the findings above, staff recommends approval of the amendment to the Zoning Map,  changing the zoning for 4707 Circle Down to Single‐Family Residential (R‐1).    Staff recommends approval of the amendment to the Comprehensive Plan’s Future Land Use  Map, changing the land use for 4707 Circle Down to Low Density Residential.      Attachments  Zoning map (1 page)  294   1      Date:  June 12, 2023  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner  Subject:  Informal Public Hearing – Zoning Map Amendment and Future Land Use Plan  Amendment – 4707 Circle Down     Property address: 4707 Circle Down  Applicant: City of Golden Valley   Property owner: City of Golden Valley  Current use: Vacant Open Space Lot size:  39,578 sq.ft.  Guided Land Use: N/A Zoning: N/A  Adjacent uses: Single‐family Residential (North, East), Highway ROW (South, West)      2021 aerial photo (Hennepin County)    295 2    Summary  4707 Circle is the proposed address for an undeveloped portion of right‐of‐way(ROW) located in the  southwestern most portion of the North Tyrol neighborhood. The City of Golden Valley is the current  owner of this ROW, and seeks to plat the land in order to be utilized for the construction of a single‐ family home in partnership with the Greater Metropolitan Housing Corporation.     Originally platted as a handful of lots within the Moshou Addition in 1965, MnDOT would soon after  acquire the property for highway construction and ROW purposes. It is located east of the  interchange ramp for Interstate 394 and Highway 100. MnDOT would eventually turn back the parcel  to City of Golden Valley to manage the ROW.     The proposal is to replat the land into one parcel,  approximately 39,578 sq.ft. in area. The parcel  would front both Circle Down to the north and Natchez Ave S to the east, making it a corner lot. This  parcel could then be used for the development of a single‐family home, with some practical  restrictions as will be discussed below in regards to the lot’s existing conditions.     Existing Conditions  The subject property has no formal zoning classification or land use given that it is considered part of  the City’s ROW. The land has both sections of relatively flat topography closer to the street  intersection, but does see the topography slope upwards towards the rear of the lot and the  soundwall for the highway. In addition, the lot has both a number of significant trees and other  vegetation both along the boulevard and within the interior of the lot. There are no FEMA or locally  recognized floodplains in the area of the property.    In addition to these natural conditions of the land today, another consideration is the presence of an  existing storm sewer pipe that crosses what would become the center of the property. The pipe  carries stormwater runoff from Natchez Ave S to the east west and underneath highway 100 to  connect with MnDOT’s storm infrastructure. Relocating the pipe is not preferably to City Engineering  and Public Works staff, and so an easement would have to be dedicated over the area of the pipe to  allow maintenance over the long term. Based on the anticipated setbacks for an R‐1 property, these  easements and the pipe’s location would not preclude a reasonable buildable area for the parcel.       Staff Review  R‐1 Lot Requirements  For single‐family dwellings in an R‐1 zoning district, the typical minimum lot size is 10,000 square feet.  However, in this case there are 13 other R‐1 properties within 250 feet of the property that average  over 18,000 sq.ft. in area themselves. This triggers an increased requirement of 15,000 sq.ft. for the  created parcel. In this case the proposed parcel is well above either requirement.    R‐1 parcels that will be a corner lot and created through subdivision must also have a minimum width  of 100 feet at the front setback line, and carry that width to a point 70 feet back from the front lot  line. Given that the frontage along Circle down is the narrower of the two at 256.1 feet, we can apply  this standard of width and depth and meet the requirements for the new lot.   296 3      Finally, lots created via subdivision are required to abut and have vehicle access to a public street.  This requirement is met via the frontage along either street.     Minor Subdivision Eligibility  In the City’s subdivision code there are three conditions laid out for a request to be considered a  minor subdivision action:    1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded  registered land survey (RLS)  2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the  creation of four or fewer lots from one or more original parcels  3. The subdivision or consolidation shall not necessitate any additional public investment in new  roads or utilities to serve the lots.  Sec. 109‐119. ‐ Eligibility for Application.    In the case of 4707 Circle Down, the lot meets all three conditions to be eligible for a minor  subdivision action. The existing lot was part of the Moshou Addition. The subdivision will create less  than four new parcels (1). And since utility services are located along Harold, it will require no new  public investment.     Additional Department Review  As required by the Subdivision Code, an initial inventory of significant trees was performed by the  surveyor. This inventory will be reviewed further by the City Forester and used to calculate any  required tree replacement as the lots are redeveloped.    Engineering staff have been involved early in the review of this subdivision in order to determine that  sufficient easements were dedicated over both the existing stormwater pipe and property  boundaries. It’s worth noting that engineers do have some issues with the preliminary plat showing  portions of street ROW as part of the property and without any dedicated easement. This will need to  updated to meet engineers’ standards before the final plat goes to Cit y Council and is listed as a  condition of approval.     The Fire Department and Building Inspections staff have no outstanding comments or concerns.    Qualification Governing Approval as a Minor Subdivision  According to Section 109‐121 of the City’s Subdivision Regulations, the following are the regulations  governing approval of minor subdivisions with staff comments related to this request:    1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the  appropriate zoning district. The lot subdivision would meet the area requirements of the R‐1  Single Family Residential Zoning District.     297 4    2. A minor subdivision may be denied if the City Engineer determines that the lots are not  buildable. The City Engineer finds that the lots are buildable due to the flat areas to build on  outside of easements and setbacks.     3. A minor subdivision may be denied if there are no sewer and water connections available or if it  is determined by the City Engineer that an undue strain will be placed on City utility systems by  the addition of the new lots. City sewer and water is available underneath the nearby streets and  so will only require a private hookup for the new home.     4. Approval of the minor subdivision may require the granting of certain easements to the City.  Easements being required by the City are shown on the plat document, and include our typical  easements around property boundaries along with an easement over the existing storm sewer  pipe.    5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor  subdivision, the agencies will be given the opportunities to comment. N/A.    6. The City may ask for review of title if required by the City Attorney for dedication of certain  easements. The City Attorney will determine if such a title review is necessary prior to approval of  the Final Plat.    7. The minor subdivision may be subject to park dedication requirements. As the City is the  applicant, a park dedication shall not be collected for the subdivision, however Sewer Access and  Water Access charges will be assessed to the property at time of building permitting to account  for the added draw on these resources.    8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.  Approval will be granted to any application that meets the established conditions. All conditions  have been met.    Recommended Action  Staff recommends approval of the minor subdivision and preliminary plat, subject to the  following conditions:  1. The applicant shall modify the final plat to accommodate corrections fromm City  Engineering Staff.  2. The City Attorney will determine if a title review is necessary prior to approval of the final  plat.     Attachments  Existing Conditions and Preliminary Plat (1 page)      298 REGULAR MEETING MINUTES DRAFT This meeting was conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Brookins. Roll Call Commissioners present: A. Brookins, M. McCormick, M. Ruby, C. Segelbaum Commissioners absent: Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner Council Liaison: Denise La Mere-Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the agenda of June 12, 2023. MOTION CARRIED 4. Approval of Minutes May 8, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 8, 2023. MOTION CARRIED May 22, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 22, 2023. MOTION CARRIED 5. Informal Public Hearing – Zoning Map Amendment Address: 208 Meander Road Applicant: City of Golden Valley June 12, 2023 – 6:30 pm Council Chambers Hybrid 299 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 2 Myles Campbell, Planner, started with a summary of the request from the City. The City is seeking the rezoning of an existing vacant parcel of land in order to redevelop the property into a single - family lot as part of its Homeownership Program for Equity (HOPE). The lot was originally platted in 1939 and was intended for a single-family home development. The lot has been zoned differently since then, is an irregular shape, and to the rear is a railroad right of way. In 2022 Council identified this and two other properties for the first round of HOPE. Staff would like to rezone this lot from its existing Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Rezoning Analysis Zoning Code gives broad latitude to Planning Commission and Council to determin e if a zoning map amendment is consistent with the purpose of the zoning code, adjacent uses, and the City’s Comprehensive Plan. Staff compared the two zoning districts and elaborated on discussions held with Parks and Rec that this lot was not part of the park system nor was it intended to be. Most homes in the surrounding area are single-family homes and even though there is a railroad nearby, there are many homes on both sides of the tracks. As part of the Land Use Plan for the City, this parcel was gu ided for future use as “Low Density Residential” and as such rezoning the property would bring the current and planned land uses into better conformance. HOPE was created in part due to the recognition in the Housing Chapter of the Comprehensive Plan that the City lacked quality affordable housing options and given the Twin Cities Metro-wide gap in homeownership between white and BIPOC households. Staff continued on to explain how this request is consistent with the goals and objectives of the comp plan. Staff Findings • City would benefit from utilizing the property for affordable single -family home as part of HOPE. • The proposed zoning of R-1 returns the parcel to a residential use similar to when it was originally platted. • The proposed zoning would match the guided land use in the 2040 Comprehensive Plan as well as that of surrounding properties. • Utilizing the site for affordable housing is in line with a number of goals and objectives from the Comprehensive Plan. • The parcel is not planned to be utilized as parkland in the City’s long-term plans and has no other role in providing governmental services. Recommended Action Based on the findings above, staff recommends approval of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Ruby asked if a new build would impact the electrical lines and staff stated it’s unlikely as the easement is 10ft wide and the home can’t be built in an easement. 300 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 3 Commissioner Segelbaum noted the request and the intention to build a HOPE property, then clarified the recommendation is on the rezoning regardless of what’s built. Staff affirmed this and added that the City owns the lot and would need to approve anything built on it and the HOPE build is the intention. The conversation continued around buildability, setbacks, and rezoning. Chair Brookins opened the public hearing at 6:40. Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and that staff did not receive comments otherwise in advance. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs There was a point on the presentation where staff said the City will benefit from this project and I’d like clarification on that. Additionally, a comment was made about “working around the railroad tracks” and the area being undesirable and working around that, I’d like to know how that happens. Linda Gieser 5924 Glenwood When I moved here 20 years ago, I did so because of the greenspace. 13 houses were built in this neighborhood since I moved in, there’s little greenspace aside from yards. I don’t under stand selling this lot and if it was a part of my own property, is it big enough to sell to a builder. It seems like the building envelope is tricky to meet. I understand affordable housing, I was a single mom and struggled for the first 40 years of my life. I understand not being able to afford someplace that is nice but it’s possible if you work hard. I don’t object to helping others, but I think putting them on that plot of land, one that doesn’t seem desirable to build a house, doesn’t help them or the neighborhood. I’m also wondering why the newsletter of the month said they were breaking ground in July if this hasn’t been approved yet. Mark Westby 204 Meander Road I live next door to this property, on the south side. I think the current zoning does a lign with the intended use for this property. The Golden Valley speaks presentation noted that Parks and Rec said this area acted more as an “open space” and there are several other open spaces and nature areas in the City that share the I-P zoning code. It would be inappropriate to compare these properties to the intended R-1 zoning code, it’s absurd to say they can’t fit a golf course on the property so it shouldn’t be designated I-P. These open spaces are an integral part to our City’s 2040 comp plan, it emphasizes Golden Valley’s commitment to preserving parks and nature areas. Goal 5 of the Land Use Chapter focuses on environmental protection and aims to preserve and enhance land that supports existing trees and plants. The implementation action plan further highlights the prioritization of natural resources enhancement and protection through the use of inventory of remnant parcels. The project HOPE documentation states that the preparation on meander would require the removal of a substantial number of trees and shrubs. Moreover, the two lots north of 208 Meander, used to be a part of the same natural space and they have been renovated and rezoned within the last 10 years. 301 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 4 The City has already decimated the natural spaces in our area. Suggesting that the Parks Department lacks plans to create a park justifies this development is disingenuous. They haven’t maintained that property in 50 years, I maintain the property right now and the owners of my property before me maintained it. They maintained that lot since 1963 when the house was built and even had a shed on 208 Meander that was placed in 1963 and it stayed in place until December 2021 when we bought the house. You cannot build a house on this lot right now. The August 10, 2022 meeting minutes from th e HRA work session, Cherie Shoquist noted this site would require significant variances to be developed. So why should we rezone if this property can’t fulfill its intended use. Chair Brookins invited remote callers to speak. There were no remote callers. Chair Brookins closed the public comment portion at 6:27pm. Staff responded to the comments and reminded everyone the homes in the HOPE program are targeted for folks who make 60-80% of the Area Median Income (AMI). Staff went on to stat that specifically is a household making between 75k/year to 95k/year and the goal of this program is for folks to gain housing who have been otherwise priced out. Golden Valley home prices have increased and this year houses eclipsed 400k for the average cost of a single-family home in Golden Valley. This price point is unattainable for many members of the community. Yes, the home will be placed near the rail road tracks and there’s no way around that. Staff discussed the easement, ROW, and there’s about 50-60ft from the railroad. Additionally, this isn’t the only home in the City adjacent to the railroad ROW, and if the City had other properties available they would present those options. The July newsletter was likely referring to 1605 Douglas Drive as it did not have any entitlements to get through first and Habitat for Humanity has targeted a July state date. Tree mitigation was mentioned and there are a number of mature trees on the south side of the lot and it’s also the most buildable area on the lot. There are a number of trees that could potentially be removed or damaged during redevelopment and we would require the City’s tree mitigation standards to be put in place. A prospective developer also mentioned adding trees along the ROW to create a natural buffer. The goal is not to clear cut this lot and not replace trees. Jason Zimmerman, Planning Manager, noted an email that was forwarded from someone who spoke regarding pollution related to being near highways and high traffic areas. He supposed the implication is that living in these high traffic areas may not be especially healthy. Commissioner Ruby supports HOPE, affordable housing, and his concerns about this particular lot may not be a factor for this particular recommendation. He asked staff if that was part of the discussion and he added if it was appropriate to request building plans to assist in a recommendatio n to Council. Segelbaum added that there have been situations in the past where a builder offers plans and there have been other situations where the group is to determine if the lot is buildable and where it’s buildable. If another committee stated it would need variances, we don’t know if that’s true. Chair Brookins noted that the lots in this neighborhood are different sizes and don’t fit the 302 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 5 current standard. It seems that most of the houses in the area would require variances if they were built today. There’s also no way to know if this lot will require a variance. The discussion went on to review the height requirements, building envelope, and how potential variances could factor in. Staff noted that if the Commission couldn’t make a recommendation, tabling would be the next reasonable choice as there’s no way to add a condition to a zoning map amendment. Commissioners requested a map to see the buildable area. Staff added that during subdivisions that part of the presentation includes buildable areas; during rezoning requests it’s less typical. In this situation it could be done since staff knows the setbacks, and easements. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, moved to table this item until later in the agenda so staff can draw up a buildable area to complete the presentation. MOTION CARRIED 6. Informal Public Hearing – Zoning Map Amendment and Future Land Use Plan Amendment Address: 4707 Circle Downs Applicant: City of Golden Valley Myles Campbell, Planner, summarized the three pieces to this request: The City is seeking three related entitlements in order to redevelop a vacant portion of ROW into a single-family lot as part of its Homeownership Program for Equity (HOPE): 1. Amend the Future Land Use Map to guide it Low Density Residential 2. Amend the Zoning Map to zone the property to Single-Family Residential (R-1) 3. Review and approve the Preliminary Plat that would create parcel boundaries through subdivision Staff provided a background of the area, MnDOT acquisition, easements, and the topography. Proposal • City Council identified this and two other properties for the first round of HOPE in late spring of 2022, the program targets City-controlled sites to develop homes affordable to households making 60-80% AMI • After entitlements are finalized, site would be transferred to Greater Metropolitan Housing Corporation to be developed as a single-family home • Redevelopment would require new utility connections to City facilities located in existing ROW • Tree protection and replacement standards would apply for the redevel opment • Given the existing stormwater infrastructure on-site and a desire to mitigate highway impacts, staff expects the home would be located closer to the northeast portion of the lot Staff Findings on Zoning and Land Use • The proposed single-family classification is consistent with surrounding neighborhood 303 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 6 • The proposed use would help to achieve a number of goals from the Comprehensive Plan • The parcel is no longer needed by MnDOT for highway purposes, and has no anticipated use within city park or public works governmental services • Utilizing the land for affordable homeownership as part of HOPE would benefit the City’s variety of housing opportunity Recommendation Staff recommends approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. Staff recommends approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). Staff recommends approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Commissioner Ruby asked staff about stormwater drain and staff responded the drain would remain, and the buildable area is still a large triangle, not impeding the easement. Staff went on to explain city easements, private easements, and the homeowner’s property lines. Commissioner Segelbaum noted the lot’s wooded area, and staff expanded on the tree ordinance . Chair Brookins asked about the removal of City ROW at the rear of the property and staff responded that it was to increase the lot size and remove ROW parcel fragments. Chair Brookins opened the public forum at 7:32pm. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs I’ve lived across the street from this property for 30 years and that field hasn’t been touched in that whole time. It’s disingenuous for the City to say selling this property prevents them from having to care for it because they never have. I believe the City got this property back from DOT 5-6 years ago and nothing has ever happened. The area along the south wall is a deer passageway so I’m not sure what will happen to that if it all becomes private property. It feels like the City is identifying any green space that isn’t a park and placing something on it. Just because something is a DOT remnant, doesn’t mean it should be developed. All the vegetation you saw prevents noise and air pollution for us and it’s not just trees. The urban report said that the effectiveness of noise barriers is up for debate but are more effective when constructed alongside mature vegetation. Those of us in the neighborhood know that when a tree comes down, our noise goes up and when that happens, our property value goes down. The same report says that property values go down 4-10% the closer they are to a freeway and I think this is hurting current owners by doing anything in that space. You can 304 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 7 talk about not disrupting the part next to the sound wall but anything in the area will be an impact. According to the Urban Institute there should not be new construction that close to a highway for reasons of health and home values. Their expertly sourced paper states that with every 1000ft closer to a highway you are, there’s an 8% increase in stroke mortality and a 5% increase in heart attack, from pollution and noise. You’re talking about a vulnerable population, families of color, that you want to put in that house, who are already at increased risk for cardiovascular and pulmonary disease. Of course, a family wants to take advantage of a discounted house, but at what risk to their own health. My next-door neighbor put her house on the market last week because her realtor told her the noise will go up and her property value will go down and she should get out while she can. She lives in a 1.7 million historic home, she’s been there for 7 years, and it’s now for sale because of the work of the City. I don’t think that’s the intended effect of this. Have you visited these properties? On Meander, only a few need to be visited. If you don’t live there you don’t understand the nuance of noise. Arguments that say this isn’t the first house by a freeway wall or railroad track are hard to accept because we’ve learned a lot more about noise pollution in the last 30 years. Again, you’re talking about a vulnerable population, families of color, and putting them in places that will impact their health. I think Golden Valley can do better than that. I asked someone why we’re doing this program on these properties and the said because it’s the cheapest. Do we always only take the cheapest vendor bids? Do we buy the cheapest equipment and vehicles for the police department? I’m all for diversifying Golden Valley. If a neighbor of mine sold their house and moved, maybe there’s another program the City can participate in where they can buy that house and use if for this purpose. I think the City has taken a short -sighted approach to these properties and not using them well. Mary Winter 609 Ottawa I object to this because of what it’s going to do to my property value. The previous speaker is my neighbor and I agree with everything they said. I want to know how many of you live next to “affordable housing”. That’s all. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 7:39pm. Commissioner Ruby asked for clarification on the request and it’s a whole recommendation, there isn’t an ability to negotiate an aspect of the recommendation. The subdivision is happening. Staff responded that the requirements for a subdivision were laid out in the memo and unless the Commission found they were not met, there isn’t a negotiation. Commissioner Segelbaum added that voting on the subdivision doesn’t occur until the rezoning is approved. Segelbaum reminded everyone that the Commissioners are volunteers and residents of Golden Valley, most of whom have lived in the City for a long time. He added that he understands impacts to a neighborhood and this body’s job is to protect the interests of those coming before them and those that are not. That consideration is weighed with the City’s interest and they are to find the balance. Segelbaum continued that he doesn’t have concern about this property other than it is green space 305 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 8 that folks have gotten used to; he understands it’s easy to assume things will remain the sa me indefinitely. Ultimately it is the City’s choice to do what they’d like with their property and it’s the job of this body to determine if that use is reasonable based on the factors before them. When the factors are applied, this meets the standards. Chair Brookins echoed these statements. The lot is significant, it’s buildable, there are protections in place for tree mitigation, the buildable area barely has a tree in it. Segelbaum added it’s in their best interest to maintain trees. The discussion continued on specifics of tree mitigation. MOTION made by Commissioner Segelbaum, seconded by Commissioner McCormick, to recommend approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat MOTION CARRIED 7. Informal Public Hearing – Minor Subdivision of 7324 Harold and Associated Subdivision Variance Address: 5317 Glenwood Applicant: Lake West Development Myles Campbell, Planner, noted this item includes two approvals, a subdivision and a subdivision variance. Staff noted the property’s location in the City and reviewed its current zoning. The current home was built in 1926, on the east side of the lot, and is lower when compared to the topography of surrounding areas. This slope adds to stormwater and runoff challenges. The proposal is to subdivide and create two R-1 lots, the existing home would stay but be remodeled to increase livability. A new home would be built on the other portion and subject to current zoning standards. Both lots would exceed the area requirements for new R-1 parcels, but both fall slightly short of the required 80’ in width, necessitating the subdivision variance . Staff reviewed existing and proposed drainage patterns as well as lot size details. Staff discussed the public meeting that was held in May and reviewed some of the comments. Staff noted the subdivision requirements, other staff that was involved in the review, and the Fire Department did not have concerns. 306 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 9 Staff continued to review the subdivision standards, the conditions, and noted that the Council and Commission may also consider surrounding uses, resulting population density of the subdivision/consolidation, and traffic impacts. Recommendation Based on the findings, staff recommends approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. If the variance is approved, then based on the findings above staff recommends approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the Final Plat. If the variance is not approved, the lot width requirement cannot be met and therefore staff recommends denial of the minor subdivision with a finding that the proposal does not meet the Minimum Dimension Requirements of the Subdivision Code. Chair Brookins opened the public forum at 8:02pm. Chair Brookins invited in person commenters to speak first. There were no in person commenters. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 8:03pm. Commissioner Ruby noted he appreciates the ability to maintain the current home, he added he’s concerned about how approving this request may open to more requests of this nature. Ruby asserted he’s in favor of this request. Commissioner Segelbaum noted much of the same and added the approval should specify the circumstances that lead to approval. Chair Brookins said much of the same and added the benefits that will come to all the neighbors by the improved drainage. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, to recommend approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. MOTION CARRIED MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to recommend approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the F inal Plat. MOTION CARRIED 307 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 10 Commissioners returned to the previously tabled item, 208 Meander Road. Jason Zimmerman, Planning Manager, displayed an image he created to clarify the building envelope for 208 Meander Road. Staff discussed the setbacks, the building envelope, and superimposed other homes in the area that roughly fir within the building envelope for comparison and clarity. Before this item goes before City Council, the image and measurements could be refined. Chair Brookins noted that the road is offset from the ROW and that the ROW is larger than average. He asked if BZA takes those things into account when reviewing variances. Staff asserted they do take it into account and that Meander was likely reconstructed and there is additional boulevard space. This particular ROW is around 20ft and the average in Golden Valley is 10 -15ft. Commissioner Segelbaum said the building envelope is present but it feels like a stretch since the depth is narrower. He added that until he sees the detailed envelope, he’s not sure how he can recommend approval. Commissioner Ruby said the neighborhood is R-1 and if a house can fit there, it makes sense. The struggle is the building envelope looks like a hallway and it’s hard to see this development without a lot of variances. The conversation continued around the homes in the neighborhood, variances, and current regulations. Staff added that if this item were moved on to Council, there would be more information on the exact envelope, a conversation with a developer could occur to understand what style of house would meet the envelope requirements without a variance, or there would be an understanding of what variances would necessitate a build. The conversation continued around staff’s general recommendation and how the HOPE program factor’s in to the decision, and that this lot is appropriate to receive an R-1 designation. MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend denial of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Segelbaum added his denial is based on his uncertainty around how realistic it is to place a home in the building envelope. Commissioner Ruby echoed that statement, and added that this decision isn’t based on negativity towards the HOPE project or similar opportunities in Golden Valley. MOTION CARRIED – End of Televised Portion of Meeting – 8. Council Liaison Report Council Member La Mere-Anderson let the Commission know that the off-street parking updates had been approved by the City Council and that former Planning Commissioner Ginis has been sworn in as a Council Member. She noted that June was proclaimed as Pride Month and that Juneteenth 308 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 11 was now a city holiday. The Douglas Drive / Highway 55 project had its groundbreaking and interviews for new Commissioners were scheduled for July. 9. Other Business None. 10. Adjournment Meeting adjourned at 8:37 pm. ________________________________ ________________________________ Secretary, Mary McCormick Amie Kolesar, Planning Assistant 309 M edi c i neLakeBranchIkePond Colonial Pond Ottawa Pond Glen-woodPond EgretPond LilacPond DuluthPond St.CroixPond Chicago Pond LilacPond Pond CTurners PondGlen 1 Pond DuckPond Loop EPond Loop FPond Sweeney LakeWirth LakeTwin LakeB a s s ett C re e k Hampshire Pond DecolaPond A NorthRicePond West RingPond Cortlawn Pond DecolaPonds B & C Westwood Lake SchaperPond SouthRicePond East RingPond Bassett CreekDecolaPondE DecolaPond F BreckPond NatchezPond MinnaquaPond WirthPond Toledo/AngeloPond HoneywellPond StrawberryPond DecolaPond D Bas s e tt Cr ee k BassettC r e e k Basset t Cr eekBassettC r e e k BassettC reekSweeney L akeBranchNW LoopPondBoone Avenue PondMain Stem Pond B Pond C Bassett Creek NatureArea Pond Medicine Lake BrookviewPond A Hidden LakesPond 1 Pond 2A Pond 2B Pond 3 Schaper BallfieldPond Pond O Pond J Spirit of Hope Church Pond GoldenRidgePond Golden Meadows Pond SoccerFieldPond WestPond 201GeneralMillsPond HaroldPond Medicine Lake Road Pond Xenia MitigationPond 10th AvePond SpringPond Briar-woodPond LaurelHills Pond JFB NWPond LogisPond BrownieLake BirchPond MinnaquaWetland GrimesPondBassett CreekPark Pond SweeneyLakeBranchPond M Pond F Pond DP ond E Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course LionsPark WesleyPark Sochacki Park SchaperPark ScheidParkHampshirePark MedleyPark Briarwood Laurel Avenue Greenbelt Glenview TerracePark North TyrolPark Western AvenueMarsh Nature Area GeartyPark Sandburg AthleticFacility NatchezPark ValleyView ParkPennsylvaniaWoods BassettCreekNature Area WildwoodPark IsaacsonPark SouthTyrol Park SeemanPark AdelineNature Area YosemitePark StockmanPark Golden OaksPark St CroixPark LakeviewPark SweeneyPark Perpich CenterBall Fields Ronald B. Davis Community Center Brookview Park Westwood HillsNature Center (SLP) (MPRB) Theodore WirthRegional Park Eloise Butler WildflowerGarden and Bird Sanctuary Wirth LakeBeach Golden RidgeNature Area General Mills NaturePreserve General Mills ResearchNature Area BooneOpenSpace GoldenHills Pond MadisonPond SouthTyrolPond LibraryHill IdahoWetland GeorgiaOpen Space ArdmoreNorth&SouthPonds JanalynPond MeadowPond O p e n S p a c e OrklaOpenSpace PicnicPavilion Chalet SochackiPark (Three Rivers Park Dist.) 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County Rd 156OregonAveS24th Ave N LilacDrNRoanokeRdLouisianaAveN Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN GettysburgCt(Laurel Pt) (Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd I-394 S Fron t a g e R d Olympia St Independence Ave NHillsboro Ave NGettysburg Ave NPassG reenwayU n io n P acific Railroad Canadian Pacific Railroad B u rlin g to n N o rt h e r n Sant aFeRailroadCanadianPacificRailroadC anadianP acificR ailroadC anadia n P a c i f i c R ailroad U nion Pacific R a i l r o a d Breck School SandburgMiddle School Perpich Center for Arts Education MNDOT District Office & State Highway Patrol NobleElementarySchool CalvaryLutheranChurch Speak theWord Church 10th AvenueCold Storage School ofEngineeringand Arts GovernmentCenter &Fire Station #1 MeadowbrookElementarySchool King of GraceLutheranChurchand School Churchof St.MargaretMary Good ShepherdCatholic Church&Good ShepherdSchool GoldenValleyLutheranChurch Spirit ofHopeChurch Oak Grove Church HennepinCounty SheriffCommunications Hennepin CountyLibrary Fire Station#3 Valley Community Presbyterian Church ChristianLifeCenter UnityChristChurch RedeemerReformedChurch FireStation#2 Valley of PeaceLutheran Church Golden ValleyCemetery Golden ValleyHistoricalSociety BrookviewCommunityCenter Breck IceArena WaterReservoir U.S.Post Office Loveworks Academy forVisual & Performing Arts On FireMinistry C I T Y O F N E W H O P E C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF CRYSTALC I T Y O F N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O FST. L O U I S P A R KCITY OFPLYMOUTH74 83 94 88 7 5 13 34 8 25 78 87 79 6 75 86 27 56 66 90 46 3365 71 6795 51 70 8163 53 22 93 91 76 84 3947 1-A 72 61 59 68 30-B 77 1-B 42 28 44 89 36 24 18-A 55 2658 95 26-A34 14 48 54 41 98 96 97 100 109 121 120 118 115117123 113 114 110 122 124 112 C C B B A A City of G old en Va lleyCommunity Deve lopment Department7800 Go lden Valley R oadGolden Valley, MN 554 27-458 8763-593 -8095www.g olde nvalle ymn.go v Official Zoning Map Zoning Districts I:\Maps\ZoningMap.pdf ORDINANCE NO. 244, 2ND SERIES This is the Official Zoning Map referred to in Section 113.56 of the Zoning Chapter of the City Code of the City of Golden Valley. Adopted this 20th day of December 2022. 59 Planned Unit Development (PUD) See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance Rate Mapsfor the City of Golden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November 4, 2016. Flood Plain Management Zoning Overlay District I-394 Overlay Zoning District (A, B, & C) Shoreland Overlay District See Section on Shoreland Managementfor setback distance from protected waters. A (R-1) Single-Family Residential (R-2) Moderate Density Residential (R-3) Medium Density Residential (R-4) High Density Residential (MU-E) Mixed Use Employment (MU-N) Mixed Use Neighborhood (MU-C) Mixed Use Community (O) Office (C) Commercial (LI) Light Industrial (I) Industrial (I-A) Assembly: Places of Worship,Schools, Libraries, Museums,Cemeteries: Assembly (I-C) Civic: City, County, and StateFacilities (I-M) Medical: Convalescent Homes,Nursing Homes, Hospitals (I-P) Parks & Natural Areas: Parks,Playgrounds, Natural Areas, GolfCourses Not Zoned Print Date: 3/23/2023Sources: Hennepin County Surveyors Office for Property Lines (2023). City of Golden Valley for all other layers. 0 800 1,600 2,400 3,200400Feet I Approved Amendments Most recent amendment: Ordinance 760 on March 21, 2023 Contact the Community Development Department at City Hall for a list of past amendments. 310 >>>>>>>>>>>>>>>>>>>>>>AJMJPGAJM05/31/202345507Aaron J. MagesPRELIMINARY PLAT11FEETSCALE03060I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTIONCHKBYDATEREV. NO.NAMELIC. NO.DATECHECKEDDRAWNDESIGNEDOFSHEET_GOLDEN VALLEY, HENNEPIN, MNPRELIMINARY PLAT OF HOPE ADDITIONLEGENDMONUMENT FOUNDIRON PIPE MONUMENTSETEXISTING CONTOURSCATCH BASINMAILBOXUTILITY PEDESTALSIGNDECIDUOUS TREECONIFEROUS TREEWATER VALVESEWER MANHOLESELECTRIC METERUTILITY POLEOVERHEAD UTILITY LINEEXISTING DRAINAGE &UTILITY EASEMENTDEDICATED PER MOSHOUADDITION TO BEVACATEDLot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record inthe office ofthe County Recorder in and for Hennepin County, Minnesota.ANDThat part of Tract A described below:Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof onfile and ofrecord in the office of the County Recorder in and for Hennepin County, Minnesota;which lies northerly of Line 1 described below:Line 1. Commencing at the east quarter corner of Section 30, Township 29 North,Range 24 West;thence westerly on an azimuth of 271 degrees 21 minutes 02 seconds along the eastand westquarter line thereof for 2652.57 feet to the center of said Section 30; thence on anazimuth of 00degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 tobe described;thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence onan azimuthof 230 degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230degrees 01minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50seconds for130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27feet; thence onan azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet and thereterminating.LEGAL DESCRIPTIONCITY OF GOLDEN VALLEY, MINNESOTALOT 2 BLOCK 1, AND PARTS OF LOTS 1,3,&4 BLOCK 1 MOSHOU ADD.10101010 311 >>>>>>>>>>>>>>>>>>>>>>AJMJPGAJM05/31/202345507Aaron J. MagesPRELIMINARY PLAT11FEETSCALE03060I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA.DESCRIPTIONCHKBYDATEREV. NO.NAMELIC. NO.DATECHECKEDDRAWNDESIGNEDOFSHEET_GOLDEN VALLEY, HENNEPIN, MNPRELIMINARY PLAT OF HOPE ADDITIONLEGENDMONUMENT FOUNDIRON PIPE MONUMENTSETEXISTING CONTOURSCATCH BASINMAILBOXUTILITY PEDESTALSIGNDECIDUOUS TREECONIFEROUS TREEWATER VALVESEWER MANHOLESELECTRIC METERUTILITY POLEOVERHEAD UTILITY LINEEXISTING DRAINAGE &UTILITY EASEMENTDEDICATED PER MOSHOUADDITION TO BEVACATEDLot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record inthe office of the County Recorder in and for Hennepin County, Minnesota.ANDThat part of Tract A described below:Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof onfile and of record in the office of the County Recorder in and for Hennepin County,Minnesota;which lies northerly of Line 1 described below:Line 1. Commencing at the east quarter corner of Section 30, Township 29 North,Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02 secondsalong the east and west quarter line thereof for 2652.57 feet to the center of saidSection 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feetto the point of beginning of Line 1 to be described; thence on an azimuth of 284degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50 secondsfor 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27feet; thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet andthere terminating.LEGAL DESCRIPTIONCITY OF GOLDEN VALLEY, MINNESOTALOT 2 BLOCK 1, AND PARTS OF LOTS 1,3,&4 BLOCK 1 MOSHOU ADD.10101010REVISE EASEMENT & RWAJMAJM06/26/20231REVISE RWAJMMH06/30/20232312 ORDINANCE NO. 766 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Amending the Zoning Map and Rezoning Properties at 4707 Circle Down City of Golden Valley, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of the property at 4707 Circle Down to Single-Family Residential (R-1). Section 2. The tracts of land affected by this ordinance are legally described as: Lot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. AND That part of Tract A described below: Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies northerly of Line 1 described below: Line 1. Commencing at the east quarter corner of Section 30, Township 29 North, Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 2652.57 feet to the center of said Section 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27 feet; thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet and there terminating. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 5th day of July 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 313 Resolution 23-063 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN’S FUTURE LAND USE PLAN MAP DESIGNATING A PORTION OF THE PROPERTY AT 4707 CIRCLE DOWN TO LOW DENSITY RESIDENTIAL 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 Future Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended; and WHEREAS,the area affected is legally described as follows: Lot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. AND That part of Tract A described below: Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies northerly of Line 1 described below: Line 1. Commencing at the east quarter corner of Section 30, Township 29 North, Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 2652.57 feet to the center of said Section 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27 feet; thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet and there terminating. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of Sec. 113-28 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 Future Land Use Plan Map for the City of Golden Valley is hereby amended by changing the portion of the property at 4707 Circle Down to Low Density Residential. Adopted by the City Council of Golden Valley, Minnesota this 5th day of July 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Theresa Schyma, City Clerk 314 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 4C. Public Hearing for Preliminary Plat for Minor Subdivision and Subdivision Variance - 5317 Glenwood Ave Prepared By Myles Campbell, Planner Summary 5317 Glenwood is the current address of a single-family property located west of Highway 100. There is one existing single-family home at this address which would be retained with some minor improvements completed on the lot. For the new parcel created, a second single-family home would be built. Due to the existing lot’s width of 153.44 feet (instead of the required 160 feet) a subdivision variance would be required to split the lots. Please refer to the attached report to the Planning Commission for full details on the site's existing conditions, the proposed subdivision, and staff's findings. At their meeting on June 12th, the Planning Commission voted unanimously to approve both the variance and the preliminary plan. They noted that neighbors were supportive of plans to retain the existing home, and to not see the sizable lot redeveloped into a much larger home. Broadly speaking, staff is in support of the request to subdivide the property and finds the variance reasonable given some of the unique circumstances of the property. Financial or Budget Considerations The subdivision would trigger the City's park dedication ordinance, and a fee of $5,415 would be required as a condition of final plat approval. Legal Considerations Without approval of the variance, the subdivision would fail to meet the R-1 lot width requirements, and so should Council deny the variance it must deny the subdivision. The City Attorney will determine prior to approval of the Final Plat if additional title review is necessary. Equity Considerations Increased supply of housing types will eventually bring area housing prices down creating more opportunity for all income levels to purchase homes in Golden Valley. 315 Recommended Action Motion to approve the subdivision variance for a reduction of 6.56 feet off the required 160 feet of lot width to divide the property. Motion to approve the proposed Preliminary Plan for Subdivision for 5317 Glenwood. Supporting Documents Planning Commission Memo 6/12/23 Planning Commission Minutes 6/12/23 DRAFT Applicant Narrative 5317 Glenwood Preliminary Plat 316   1      Date:  June 12, 2023  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner  Subject:  Informal Public Hearing on Preliminary Plan for Minor Subdivision of 7324 Harold  Avenue South and Associated Subdivision Variance     Property address: 5317 Glenwood Ave  Applicant: Lake West Development  Property owners: Lake West Development  Zoning District: Single‐Family Residential (R‐1)  Zoning District   Lot size: 31,720 sq. ft. (0.73 acres)  Current use: Single‐family home  Future land use: Single‐family Residential  Adjacent uses: Single‐family homes,  Meadowbrook Elementary     2021 aerial photo (Hennepin County)  317 2    Summary  Lake West Development is proposing to subdivide the property located at 5317 Glenwood Avenue  into two lots. There is one existing single‐family home at this address which would be retained with  some minor improvements completed on the lot. For the new parcel created a second single‐family  home would be built. Due to the existing lot’s width of 153.44’ (instead of the required 160’) a  subdivision variance would be required to split the lots.     Existing Conditions  The subject property is zoned R‐1 Single‐Family Residential and is also guided for the same zoning  classification in the City’s Comprehensive Plan. Moderate Density Residential. The lot is currently  31,720 sq. ft. square feet and has a width of 153.44 feet at the front setback line. It fronts on  Glenwood Avenue to the north and while the existing lot is hooked up for sewer and water, a second  service will need to be installed if subdivided. The City has utilities located underneath Harold Ave, so  this would not require any new routing for sewer/water service.     The lot does have some sloping topography south of the existing home, causing it to be at a lower  elevation than some lots to the south. This should not impact the buildability of the lot, but may  require some regrading to better manage stormwater runoff for both homes and to avoid impacts to  adjacent properties.     Staff Review  R‐1 Lot Requirements  For single‐family dwellings in an R‐1 zoning district, the minimum lot size is 10,000 square feet. 24  other R‐1 properties are within 250 feet of the property, but do not average over 18,000 sq.ft. to  trigger a higher area requirement for new subdivisions. Both proposed parcels would meet this  requirement.     R‐1 parcels created through subdivision must also have a minimum width of 80 feet at the front  setback line, and carry that width to a point 70 feet back from the front lot line. This is where a  subdivision variance would be required, as the lots created fail to meet the 80 foot standard, instead  being 78.05 feet (west lot) and 75.39 feet (east lot). These widths were selected partly to provide the  existing home on what would be the east lot with a sufficient setback of 12.5 feet from the shared  side property line. The new home on the west lot would be subject to similar setbacks and would still  have an adequate building footprint.     Finally, lots created via subdivision are required to abut and have vehicle access to a public street.  This requirement is met via the frontage along Glenwood Avenue.     Minor Subdivision Eligibility  In the City’s subdivision code there are three conditions laid out for a request to be considered a  minor subdivision action:    1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded  registered land survey (RLS)  318 3    2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the  creation of four or fewer lots from one or more original parcels  3. The subdivision or consolidation shall not necessitate any additional public investment in new  roads or utilities to serve the lots.  Sec. 109‐119. ‐ Eligibility for Application.    In the case of 5317 Glenwood, the lot meets all three conditions to be eligible for a minor subdivision  action. The existing lot was part of the Spring Green Addition in 1941. The subdivision will create less  than four new parcels (2). And since utility services are located along Harold, it will require no new  public investment.     Additional Department Review  As required by the Subdivision Code, a tree inventory was performed in order to document all existing  trees. This inventory will be reviewed by the City Forester and used to calculate any required tree  replacement as the lots are redeveloped.    The existing sanitary sewer line is currently compliant for the City’s Inflow and Infiltration  requirements. At the completion of construction for the new home, the new sewer service would also  be inspected to ensure compliance.     Engineering staff have been involved early in the review of this subdivision, as Glenwood is a County  road. The applicant, City Engineering staff, and representatives from Hennepin County have had a few  early meetings on what restrictions might be placed upon a potential redevelopment. Currently that  County has expressed their interest in having a single curb cut associated with the two properties and  as a result a shared driveway. City Engineering staff are comfortable with such a design so long as  suitable agreements are recorded between the properties to manage shared maintenance  expectations.    The Fire Department and Building Inspections staff has reviewed the application and have no  outstanding comments or concerns.    Qualification Governing Approval as a Minor Subdivision  According to Section 109‐121 of the City’s Subdivision Regulations, the following are the regulations  governing approval of minor subdivisions with staff comments related to this request:    1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the  appropriate zoning district. Both of the lots of the proposed subdivision would meet the area  requirements of the R‐1 Single Family Residential Zoning District, although a subdivision variance  would need to be approved given the lot widths proposed by the applicant.     2. A minor subdivision may be denied if the City Engineer determines that the lots are not  buildable. The City Engineer finds that the lots are buildable.     319 4    3. A minor subdivision may be denied if there are no sewer and water connections available or if it  is determined by the City Engineer that an undue strain will be placed on City utility systems by  the addition of the new lots. One additional set of sewer and water connections will be  necessary, but without any new extension of city sewer or water lines. Engineering does not feel  the addition of the new lot will place an undue strain on City utility systems.    4. Approval of the minor subdivision may require the granting of certain easements to the City.  Easements being required by the City are shown on the plat document, and include our typical  easements around property boundaries.    5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor  subdivision, the agencies will be given the opportunities to comment. Hennepin County oversees  Glenwood Ave and was given opportunity to provide comments and meet with city staff.  Hennepin County does not have significant concerns with the subdivision but would like to see  street access limited to one curb cut.     6. The City may ask for review of title if required by the City Attorney for dedication of certain  easements. The City Attorney will determine if such a title review is necessary prior to approval of  the Final Plat.    7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of  $5,415 (6% of the estimated land value with 50% credit for existing unit) is required for this  subdivision.    8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.  Approval will be granted to any application that meets the established conditions. All conditions  have been met, but only on the basis that a subdivision variance is approved for the lot width.    Qualifications Governing Approval of Subdivision Variance    1. There are special circumstances for conditions affecting said property so that the strict  application of the provisions of this chapter would create an unusual hardship and deprive the  applicant of the reasonable use of his/her land.    Given the oversized nature of the lot and ability to preserve the existing home without issues  from splitting the parcel, staff finds the subdivision action reasonable despite not meeting the  letter of the code for lot width.     2. The variance is necessary for the preservation and enjoyment of a substantial property right of  the petitioner.    The absence of a variance from the lot width requirement would prevent the lot from being  subdivided.    320 5    3. The granting of the variance will not be detrimental to the public welfare or injurious to other  property in the neighborhood in which said property is situated.    The reduction in lot width would not make these parcels significantly undersized compared to  adjacent single‐family properties. By area they would be still be larger than many along Turnpike  Rd to the south, and the new home would be subject to contemporary zoning restrictions to  mitigate impacts on adjacent properties. Not subdividing the parcels would allow the existing  home to be torn down and replaced with a much larger residence that would not fit with the  neighborhood character.      Recommended Action  Staff recommends approval of the subdivision variance to allow a reduction of 6.56 feet off the  required 160 feet of lot width to divide the property.     Staff recommends approval of the proposed minor subdivision subject to the following conditions:    1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.   2. A park dedication fee of $5,415 shall be paid before release of the Final Plat.    Attachments  Preliminary Plat (1 page)  Narrative (2 pages)  Tree Inventory (1 page)      321 REGULAR MEETING MINUTES DRAFT This meeting was conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Brookins. Roll Call Commissioners present: A. Brookins, M. McCormick, M. Ruby, C. Segelbaum Commissioners absent: Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner Council Liaison: Denise La Mere-Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the agenda of June 12, 2023. MOTION CARRIED 4. Approval of Minutes May 8, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 8, 2023. MOTION CARRIED May 22, 2023, Regular Meeting MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to approve the minutes of May 22, 2023. MOTION CARRIED 5. Informal Public Hearing – Zoning Map Amendment Address: 208 Meander Road Applicant: City of Golden Valley June 12, 2023 – 6:30 pm Council Chambers Hybrid 322 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 2 Myles Campbell, Planner, started with a summary of the request from the City. The City is seeking the rezoning of an existing vacant parcel of land in order to redevelop the property into a single - family lot as part of its Homeownership Program for Equity (HOPE). The lot was originally platted in 1939 and was intended for a single-family home development. The lot has been zoned differently since then, is an irregular shape, and to the rear is a railroad right of way. In 2022 Council identified this and two other properties for the first round of HOPE. Staff would like to rezone this lot from its existing Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Rezoning Analysis Zoning Code gives broad latitude to Planning Commission and Council to determin e if a zoning map amendment is consistent with the purpose of the zoning code, adjacent uses, and the City’s Comprehensive Plan. Staff compared the two zoning districts and elaborated on discussions held with Parks and Rec that this lot was not part of the park system nor was it intended to be. Most homes in the surrounding area are single-family homes and even though there is a railroad nearby, there are many homes on both sides of the tracks. As part of the Land Use Plan for the City, this parcel was gu ided for future use as “Low Density Residential” and as such rezoning the property would bring the current and planned land uses into better conformance. HOPE was created in part due to the recognition in the Housing Chapter of the Comprehensive Plan that the City lacked quality affordable housing options and given the Twin Cities Metro-wide gap in homeownership between white and BIPOC households. Staff continued on to explain how this request is consistent with the goals and objectives of the comp plan. Staff Findings • City would benefit from utilizing the property for affordable single -family home as part of HOPE. • The proposed zoning of R-1 returns the parcel to a residential use similar to when it was originally platted. • The proposed zoning would match the guided land use in the 2040 Comprehensive Plan as well as that of surrounding properties. • Utilizing the site for affordable housing is in line with a number of goals and objectives from the Comprehensive Plan. • The parcel is not planned to be utilized as parkland in the City’s long-term plans and has no other role in providing governmental services. Recommended Action Based on the findings above, staff recommends approval of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Ruby asked if a new build would impact the electrical lines and staff stated it’s unlikely as the easement is 10ft wide and the home can’t be built in an easement. 323 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 3 Commissioner Segelbaum noted the request and the intention to build a HOPE property, then clarified the recommendation is on the rezoning regardless of what’s built. Staff affirmed this and added that the City owns the lot and would need to approve anything built on it and the HOPE build is the intention. The conversation continued around buildability, setbacks, and rezoning. Chair Brookins opened the public hearing at 6:40. Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and that staff did not receive comments otherwise in advance. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs There was a point on the presentation where staff said the City will benefit from this project and I’d like clarification on that. Additionally, a comment was made about “working around the railroad tracks” and the area being undesirable and working around that, I’d like to know how that happens. Linda Gieser 5924 Glenwood When I moved here 20 years ago, I did so because of the greenspace. 13 houses were built in this neighborhood since I moved in, there’s little greenspace aside from yards. I don’t under stand selling this lot and if it was a part of my own property, is it big enough to sell to a builder. It seems like the building envelope is tricky to meet. I understand affordable housing, I was a single mom and struggled for the first 40 years of my life. I understand not being able to afford someplace that is nice but it’s possible if you work hard. I don’t object to helping others, but I think putting them on that plot of land, one that doesn’t seem desirable to build a house, doesn’t help them or the neighborhood. I’m also wondering why the newsletter of the month said they were breaking ground in July if this hasn’t been approved yet. Mark Westby 204 Meander Road I live next door to this property, on the south side. I think the current zoning does a lign with the intended use for this property. The Golden Valley speaks presentation noted that Parks and Rec said this area acted more as an “open space” and there are several other open spaces and nature areas in the City that share the I-P zoning code. It would be inappropriate to compare these properties to the intended R-1 zoning code, it’s absurd to say they can’t fit a golf course on the property so it shouldn’t be designated I-P. These open spaces are an integral part to our City’s 2040 comp plan, it emphasizes Golden Valley’s commitment to preserving parks and nature areas. Goal 5 of the Land Use Chapter focuses on environmental protection and aims to preserve and enhance land that supports existing trees and plants. The implementation action plan further highlights the prioritization of natural resources enhancement and protection through the use of inventory of remnant parcels. The project HOPE documentation states that the preparation on meander would require the removal of a substantial number of trees and shrubs. Moreover, the two lots north of 208 Meander, used to be a part of the same natural space and they have been renovated and rezoned within the last 10 years. 324 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 4 The City has already decimated the natural spaces in our area. Suggesting that the Parks Department lacks plans to create a park justifies this development is disingenuous. They haven’t maintained that property in 50 years, I maintain the property right now and the owners of my property before me maintained it. They maintained that lot since 1963 when the house was built and even had a shed on 208 Meander that was placed in 1963 and it stayed in place until December 2021 when we bought the house. You cannot build a house on this lot right now. The August 10, 2022 meeting minutes from th e HRA work session, Cherie Shoquist noted this site would require significant variances to be developed. So why should we rezone if this property can’t fulfill its intended use. Chair Brookins invited remote callers to speak. There were no remote callers. Chair Brookins closed the public comment portion at 6:27pm. Staff responded to the comments and reminded everyone the homes in the HOPE program are targeted for folks who make 60-80% of the Area Median Income (AMI). Staff went on to stat that specifically is a household making between 75k/year to 95k/year and the goal of this program is for folks to gain housing who have been otherwise priced out. Golden Valley home prices have increased and this year houses eclipsed 400k for the average cost of a single-family home in Golden Valley. This price point is unattainable for many members of the community. Yes, the home will be placed near the rail road tracks and there’s no way around that. Staff discussed the easement, ROW, and there’s about 50-60ft from the railroad. Additionally, this isn’t the only home in the City adjacent to the railroad ROW, and if the City had other properties available they would present those options. The July newsletter was likely referring to 1605 Douglas Drive as it did not have any entitlements to get through first and Habitat for Humanity has targeted a July state date. Tree mitigation was mentioned and there are a number of mature trees on the south side of the lot and it’s also the most buildable area on the lot. There are a number of trees that could potentially be removed or damaged during redevelopment and we would require the City’s tree mitigation standards to be put in place. A prospective developer also mentioned adding trees along the ROW to create a natural buffer. The goal is not to clear cut this lot and not replace trees. Jason Zimmerman, Planning Manager, noted an email that was forwarded from someone who spoke regarding pollution related to being near highways and high traffic areas. He supposed the implication is that living in these high traffic areas may not be especially healthy. Commissioner Ruby supports HOPE, affordable housing, and his concerns about this particular lot may not be a factor for this particular recommendation. He asked staff if that was part of the discussion and he added if it was appropriate to request building plans to assist in a recommendatio n to Council. Segelbaum added that there have been situations in the past where a builder offers plans and there have been other situations where the group is to determine if the lot is buildable and where it’s buildable. If another committee stated it would need variances, we don’t know if that’s true. Chair Brookins noted that the lots in this neighborhood are different sizes and don’t fit the 325 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 5 current standard. It seems that most of the houses in the area would require variances if they were built today. There’s also no way to know if this lot will require a variance. The discussion went on to review the height requirements, building envelope, and how potential variances could factor in. Staff noted that if the Commission couldn’t make a recommendation, tabling would be the next reasonable choice as there’s no way to add a condition to a zoning map amendment. Commissioners requested a map to see the buildable area. Staff added that during subdivisions that part of the presentation includes buildable areas; during rezoning requests it’s less typical. In this situation it could be done since staff knows the setbacks, and easements. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, moved to table this item until later in the agenda so staff can draw up a buildable area to complete the presentation. MOTION CARRIED 6. Informal Public Hearing – Zoning Map Amendment and Future Land Use Plan Amendment Address: 4707 Circle Downs Applicant: City of Golden Valley Myles Campbell, Planner, summarized the three pieces to this request: The City is seeking three related entitlements in order to redevelop a vacant portion of ROW into a single-family lot as part of its Homeownership Program for Equity (HOPE): 1. Amend the Future Land Use Map to guide it Low Density Residential 2. Amend the Zoning Map to zone the property to Single-Family Residential (R-1) 3. Review and approve the Preliminary Plat that would create parcel boundaries through subdivision Staff provided a background of the area, MnDOT acquisition, easements, and the topography. Proposal • City Council identified this and two other properties for the first round of HOPE in late spring of 2022, the program targets City-controlled sites to develop homes affordable to households making 60-80% AMI • After entitlements are finalized, site would be transferred to Greater Metropolitan Housing Corporation to be developed as a single-family home • Redevelopment would require new utility connections to City facilities located in existing ROW • Tree protection and replacement standards would apply for the redevel opment • Given the existing stormwater infrastructure on-site and a desire to mitigate highway impacts, staff expects the home would be located closer to the northeast portion of the lot Staff Findings on Zoning and Land Use • The proposed single-family classification is consistent with surrounding neighborhood 326 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 6 • The proposed use would help to achieve a number of goals from the Comprehensive Plan • The parcel is no longer needed by MnDOT for highway purposes, and has no anticipated use within city park or public works governmental services • Utilizing the land for affordable homeownership as part of HOPE would benefit the City’s variety of housing opportunity Recommendation Staff recommends approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. Staff recommends approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). Staff recommends approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Commissioner Ruby asked staff about stormwater drain and staff responded the drain would remain, and the buildable area is still a large triangle, not impeding the easement. Staff went on to explain city easements, private easements, and the homeowner’s property lines. Commissioner Segelbaum noted the lot’s wooded area, and staff expanded on the tree ordinance . Chair Brookins asked about the removal of City ROW at the rear of the property and staff responded that it was to increase the lot size and remove ROW parcel fragments. Chair Brookins opened the public forum at 7:32pm. Chair Brookins invited in person commenters to speak first. Melissa Caulfield 4720 Circle Downs I’ve lived across the street from this property for 30 years and that field hasn’t been touched in that whole time. It’s disingenuous for the City to say selling this property prevents them from having to care for it because they never have. I believe the City got this property back from DOT 5-6 years ago and nothing has ever happened. The area along the south wall is a deer passageway so I’m not sure what will happen to that if it all becomes private property. It feels like the City is identifying any green space that isn’t a park and placing something on it. Just because something is a DOT remnant, doesn’t mean it should be developed. All the vegetation you saw prevents noise and air pollution for us and it’s not just trees. The urban report said that the effectiveness of noise barriers is up for debate but are more effective when constructed alongside mature vegetation. Those of us in the neighborhood know that when a tree comes down, our noise goes up and when that happens, our property value goes down. The same report says that property values go down 4-10% the closer they are to a freeway and I think this is hurting current owners by doing anything in that space. You can 327 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 7 talk about not disrupting the part next to the sound wall but anything in the area will be an impact. According to the Urban Institute there should not be new construction that close to a highway for reasons of health and home values. Their expertly sourced paper states that with every 1000ft closer to a highway you are, there’s an 8% increase in stroke mortality and a 5% increase in heart attack, from pollution and noise. You’re talking about a vulnerable population, families of color, that you want to put in that house, who are already at increased risk for cardiovascular and pulmonary disease. Of course, a family wants to take advantage of a discounted house, but at what risk to their own health. My next-door neighbor put her house on the market last week because her realtor told her the noise will go up and her property value will go down and she should get out while she can. She lives in a 1.7 million historic home, she’s been there for 7 years, and it’s now for sale because of the work of the City. I don’t think that’s the intended effect of this. Have you visited these properties? On Meander, only a few need to be visited. If you don’t live there you don’t understand the nuance of noise. Arguments that say this isn’t the first house by a freeway wall or railroad track are hard to accept because we’ve learned a lot more about noise pollution in the last 30 years. Again, you’re talking about a vulnerable population, families of color, and putting them in places that will impact their health. I think Golden Valley can do better than that. I asked someone why we’re doing this program on these properties and the said because it’s the cheapest. Do we always only take the cheapest vendor bids? Do we buy the cheapest equipment and vehicles for the police department? I’m all for diversifying Golden Valley. If a neighbor of mine sold their house and moved, maybe there’s another program the City can participate in where they can buy that house and use if for this purpose. I think the City has taken a short -sighted approach to these properties and not using them well. Mary Winter 609 Ottawa I object to this because of what it’s going to do to my property value. The previous speaker is my neighbor and I agree with everything they said. I want to know how many of you live next to “affordable housing”. That’s all. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 7:39pm. Commissioner Ruby asked for clarification on the request and it’s a whole recommendation, there isn’t an ability to negotiate an aspect of the recommendation. The subdivision is happening. Staff responded that the requirements for a subdivision were laid out in the memo and unless the Commission found they were not met, there isn’t a negotiation. Commissioner Segelbaum added that voting on the subdivision doesn’t occur until the rezoning is approved. Segelbaum reminded everyone that the Commissioners are volunteers and residents of Golden Valley, most of whom have lived in the City for a long time. He added that he understands impacts to a neighborhood and this body’s job is to protect the interests of those coming before them and those that are not. That consideration is weighed with the City’s interest and they are to find the balance. Segelbaum continued that he doesn’t have concern about this property other than it is green space 328 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 8 that folks have gotten used to; he understands it’s easy to assume things will remain the sa me indefinitely. Ultimately it is the City’s choice to do what they’d like with their property and it’s the job of this body to determine if that use is reasonable based on the factors before them. When the factors are applied, this meets the standards. Chair Brookins echoed these statements. The lot is significant, it’s buildable, there are protections in place for tree mitigation, the buildable area barely has a tree in it. Segelbaum added it’s in their best interest to maintain trees. The discussion continued on specifics of tree mitigation. MOTION made by Commissioner Segelbaum, seconded by Commissioner McCormick, to recommend approval of the requested amendment to the Zoning Map, zoning 4707 Circle Down to Single-Family Residential (R-1). MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the requested amendment to the Future Land Use Map, guiding 4707 Circle Down to Low Density Residential. MOTION CARRIED MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend approval of the minor subdivision and preliminary plat, subject to the following conditions: 1. The applicant shall modify the final plat to accommodate corrections form City Engineering Staff 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat MOTION CARRIED 7. Informal Public Hearing – Minor Subdivision of 7324 Harold and Associated Subdivision Variance Address: 5317 Glenwood Applicant: Lake West Development Myles Campbell, Planner, noted this item includes two approvals, a subdivision and a subdivision variance. Staff noted the property’s location in the City and reviewed its current zoning. The current home was built in 1926, on the east side of the lot, and is lower when compared to the topography of surrounding areas. This slope adds to stormwater and runoff challenges. The proposal is to subdivide and create two R-1 lots, the existing home would stay but be remodeled to increase livability. A new home would be built on the other portion and subject to current zoning standards. Both lots would exceed the area requirements for new R-1 parcels, but both fall slightly short of the required 80’ in width, necessitating the subdivision variance . Staff reviewed existing and proposed drainage patterns as well as lot size details. Staff discussed the public meeting that was held in May and reviewed some of the comments. Staff noted the subdivision requirements, other staff that was involved in the review, and the Fire Department did not have concerns. 329 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 9 Staff continued to review the subdivision standards, the conditions, and noted that the Council and Commission may also consider surrounding uses, resulting population density of the subdivision/consolidation, and traffic impacts. Recommendation Based on the findings, staff recommends approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. If the variance is approved, then based on the findings above staff recommends approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the Final Plat. If the variance is not approved, the lot width requirement cannot be met and therefore staff recommends denial of the minor subdivision with a finding that the proposal does not meet the Minimum Dimension Requirements of the Subdivision Code. Chair Brookins opened the public forum at 8:02pm. Chair Brookins invited in person commenters to speak first. There were no in person commenters. Chair Brookins invited remote callers to speak. There were no remote commenters. Chair Brookins closed the public comment portion at 8:03pm. Commissioner Ruby noted he appreciates the ability to maintain the current home, he added he’s concerned about how approving this request may open to more requests of this nature. Ruby asserted he’s in favor of this request. Commissioner Segelbaum noted much of the same and added the approval should specify the circumstances that lead to approval. Chair Brookins said much of the same and added the benefits that will come to all the neighbors by the improved drainage. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, to recommend approval of a variance of 6.56 feet off the required 160 feet to a width of 153.44 feet for the lot’s width before subdivision. MOTION CARRIED MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to recommend approval of the minor subdivision at 5317 Glenwood Ave, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,415 shall be paid before release of the F inal Plat. MOTION CARRIED 330 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 10 Commissioners returned to the previously tabled item, 208 Meander Road. Jason Zimmerman, Planning Manager, displayed an image he created to clarify the building envelope for 208 Meander Road. Staff discussed the setbacks, the building envelope, and superimposed other homes in the area that roughly fir within the building envelope for comparison and clarity. Before this item goes before City Council, the image and measurements could be refined. Chair Brookins noted that the road is offset from the ROW and that the ROW is larger than average. He asked if BZA takes those things into account when reviewing variances. Staff asserted they do take it into account and that Meander was likely reconstructed and there is additional boulevard space. This particular ROW is around 20ft and the average in Golden Valley is 10 -15ft. Commissioner Segelbaum said the building envelope is present but it feels like a stretch since the depth is narrower. He added that until he sees the detailed envelope, he’s not sure how he can recommend approval. Commissioner Ruby said the neighborhood is R-1 and if a house can fit there, it makes sense. The struggle is the building envelope looks like a hallway and it’s hard to see this development without a lot of variances. The conversation continued around the homes in the neighborhood, variances, and current regulations. Staff added that if this item were moved on to Council, there would be more information on the exact envelope, a conversation with a developer could occur to understand what style of house would meet the envelope requirements without a variance, or there would be an understanding of what variances would necessitate a build. The conversation continued around staff’s general recommendation and how the HOPE program factor’s in to the decision, and that this lot is appropriate to receive an R-1 designation. MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend denial of the amendment to the Zoning Map, changing the zoning for 208 Meander Road from Institutional - Parks and Natural Areas (I-P) to Single-Family Residential (R-1). Commissioner Segelbaum added his denial is based on his uncertainty around how realistic it is to place a home in the building envelope. Commissioner Ruby echoed that statement, and added that this decision isn’t based on negativity towards the HOPE project or similar opportunities in Golden Valley. MOTION CARRIED – End of Televised Portion of Meeting – 8. Council Liaison Report Council Member La Mere-Anderson let the Commission know that the off-street parking updates had been approved by the City Council and that former Planning Commissioner Ginis has been sworn in as a Council Member. She noted that June was proclaimed as Pride Month and that Juneteenth 331 City of Golden Valley Planning Commission Regular Meeting June 12, 2023 – 6:30 pm 11 was now a city holiday. The Douglas Drive / Highway 55 project had its groundbreaking and interviews for new Commissioners were scheduled for July. 9. Other Business None. 10. Adjournment Meeting adjourned at 8:37 pm. ________________________________ ________________________________ Secretary, Mary McCormick Amie Kolesar, Planning Assistant 332 To: City of Golden Valley Planning Division Attn: Jason Zimmerman, Planning Manager From: Curt Fretham, Lake West Development CC: Jason Rud, E.G. Rud & Sons Professional Land Surveyors Ben Hartberg, Calyx Design Group Mohammad Abughazleh, Plowe Engineering Jeff Haydon, Haugo GeoTechnical Services Kelsey Thompson, Lake West Development Date: May 8, 2023 Subject: Lake West Development Application – 5317 Glenwood Ave Subdivision The purpose of this two-lot minor subdivision is to provide a desired home in the wholesome community of Golden Valley, walkable to Meadowbrook Elementary School and other adjacent, nearby attractions. The desirable new lot will create one single-family, detached residential home adhering to all R-1 requirements to help meet the demands of a growing population; with a land use that fits within the existing land use and neighborhood. No zoning changes or land use changes are being requested. Lake West’s plan is to fix up the existing house, improve the stormwater runoff as directed by City staff, and build a new construction home on the new lot. Both will add value to the community with an increase in the tax base that benefits the schools, city, and public. Reasonable Variance Request: The two-lot subdivision requires a very minor variance for lot width by a few feet. As stated in Section 109-5., “The granting of” this minor “variance” request for lot width “will not be detrimental to the public welfare or injurious to other property in the neighborhood in which said property is situated.” To propose a plan that doesn’t require a variance, Lake West explored an eyebrow public street improvement that’s commonly used to expand street frontage in situations like this when the property is just a little short of meeting lot width requirements. See Exhibit A on Page 2 below for an example. Lake West was advised that, with staff support, the minor variance request is reasonable given the city’s desire to provide additional housing. We hope that you will find our plans to be acceptable. Please reach out to Kelsey Thompson with any questions or for additional information at, Kelsey@LWestDev.com, or 651-253-0774. 333 City of Golden Valley Planning Division April 3, 2023 Page 2 Lake West Development I 14525 Highway 7, Suite 205, Minnetonka, MN 55345 I Phone 952-930-3000 Exhibit A: Eyebrow Public Street Improvement at Roanoke Cir, Golden Valley 334 335 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 5, 2023 Agenda Item 4D. Adopt Ordinance No. 767 Approving Conditional Use Permit No. 175 to Allow for a Drive-thru Facility at 8240 Golden Valley Drive Prepared By Jason Zimmerman, Planning Manager Summary Sentinel Management Company is requesting a Conditional Use Permit in order to allow drive-thru facilities at a new Wells Fargo branch as part of a redevelopment project. The current address is 8240 Golden Valley Drive, but it will become 600 Wisconsin Avenue N upon the recording of a new plat. An existing vacant office building will be demolished to allow for the construction of the new building. For more details on the existing site conditions, proposal details, and City staff review, please refer to the copy of the staff memo to the Planning Commission. This Executive Summary focuses on the evaluations of findings for the conditional use permit. Discussion at Planning Commission At its meeting on May 24, the Planning Commission voted (4-0) to recommend approval of the conditional use permit. There was no public comment on this item. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors, as outlined in Section 113-30 (d) of the City Code: Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The two drive-thru lanes will be replacing the current five drive-thru lanes and free-standing ATM at the existing Wells Fargo location. Demand remains for drive-thru options, though not to the extent provided by the current layout. 336 2. Consistency with the Comprehensive Plan Standard met. Financial institutions with drive- thru options are allowed in the areas designated for Commercial use in the Comprehensive Plan, and are appropriate for these districts. 3. Effect upon Property Values Standard met. The investment in a new building will be an improvement to the site, which currently contains a dated and vacant office building. 4. Effect on Traffic Flow and Congestion Standard conditionally met. Given the number of anticipated drive-thru transactions, the eight queueing spaces provided should provide adequate space. Any back-ups would occur on- site and would not impact the public right-of- way. 5. Effect of Increases in Population and Density Standard met. The anticipated regular drive-thru transactions will have negligible effects on the daytime population of the area. 6. Compliance with the City’s Mixed-Income Housing Policy Not applicable. 7. Increase in Noise Levels Standard met. Without the use of tellers for the drive-thru stations, staff does not anticipate that the facilities will generate additional noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. No such problems are expected. 9. Any Increase in Pests or Vermin Standard met. No such problems are expected. 10. Visual Appearance Standard met. Improvements to the site would enhance the visual appearance of the lot. Mixed Use zoning standards require the drive-thru be located behind the building, providing a more attractive streetscape. 11. Other Effects upon the General Public Health, Safety, and Welfare Standard met. No other effects are anticipated. Based on the findings above, staff recommends approval of Conditional Use Permit 175, allowing for a drive-thru facility at 8240 Golden Valley Road (to become 600 Wisconsin Avenue South). Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. The approval of this permit would be subject to the following condition: 1. A minimum of eight queueing spaces must be maintained in support of the drive-thru stations. Legal Considerations The legal standards for the evaluation of a conditional use permit are the factors listed above. The City must make findings in response to each factor, and may make its approval of the permit contingent upon conditions as it determines they are necessary in order to prevent or minimize impacts to the surrounding area. However, any condition must have a “rational nexus” – or a reasonable connection – to the problem that it is purporting to address. Also, the measure of the 337 solution being advanced must bear a “rough proportionality” to the burden being imposed on the City by the private action. In other words, the fix must align with the problem it is supposed to be solving. Equity Considerations The approval of the new bank facility with drive-thru stations is a key component of the redevelopment plan which would eventually allow the adjacent multifamily building to be constructed. 46 affordable units would be created as a result, helping to address a shortage of affordable housing in the city. Recommended Action Motion to adopt Ordinance No. 767 approving Conditional Use Permit Number 1745 allowing for a drive-thru facility at 8240 Golden Valley Drive. Supporting Documents Planning Commission Memo - 8240 Golden Valley Dr - Wells Fargo - 05 22 23 Planning Commission Minutes 05-22-23 CUP Narrative SENTINEL SITE PLAN Wells Fargo Plans and Elevations Ordinance No. 767 - CUP 175 Wells Fargo 8240 Golden Valley Drive 338 1 Date: May 22, 2023 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing – Conditional Use Permit No. 175 to allow for a drive- thru facility at 8240 Golden Valley Drive Property address: 8240 Golden Valley Drive (to become 600 Wisconsin Ave N) Applicant: Sentinel Management Company Property owner: Marquette Bank N A and Park Nicollet Real Estate Current use: Vacant office building Lot size: 1 acre (to become approx. 0.6 acres) Guided Land Use: Community Mixed Use Current Zoning: Community Mixed Use Adjacent uses: Commercial/retail (south, east, and north), office (west) – future multifamily residential to the east and north 2021 aerial photo (Hennepin County) v 339 2 Summary of Request Sentinel Management Company is requesting a Conditional Use Permit in order to allow drive - thru facilities at a new Wells Fargo branch as part of a redevelopment project. The current address is 8240 Golden Valley Drive, but it will become 600 Wisconsin Avenue N upon the recording of a new plat. An existing vacant office building will be demolished to allow for the construction of the new building. Existing Conditions 8240 Golden Valley Drive is a 1.06 acre property that has a 1966 single-story office building which until a few years ago housed a Park Nicollet medical clinic. The building is currently vacant. It is surrounded by approximately 65 parking stalls and has access to both Wisconsin Avenue and Golden Valley Drive. Proposal The applicant has been working closely with City staff for over a year to develop a site plan that provides new housing within the downtown area while also downsizing the footprint of the existing Wells Fargo branch. In addition to a new 303-unit multifamily building in place of the existing Wells Fargo bank building and parking lots, a smaller parcel in the southwest corner would contain a new one -story Wells Fargo branch building. The site would include a surface parking lot an d access from Wisconsin and a newly create cul-de-sac on Golden Valley Drive. The applicant is proposing a two-lane drive-thru along the east side of the building. Both properties were recently reguided and rezoned by the City Council to prepare for the development. The preliminary plat has been approved and a final plat will be recorded with Hennepin County in the coming months. The redevelopment of the site will be phased, with demolition of the vacant office building occurring over the summer to allow for construction of the new bank building. Once Wells Fargo has transferred operations to the new building (likely in the first half of 2024), the old bank will be demolished and construction of the multifamily building will commence. The site plan shows two drive-thru lanes to the east of the building in a location consistent with the standards of the Mixed Use zoning district (i.e., to the rear of the principal structure). Vehicles would enter the queue from the north and exit to the south into a newly constructed cul-de-sac at the terminus of Golden Valley Drive. Wells Fargo has shared usage data from last year which shows that drive-thru teller transactions averaged 11-12 per weekday and 28 ATM transactions per day. Hours of operation are anticipated to be 9 am to 5 pm, Monday through Friday. 12 individuals will be employed at this location. Elevations of the proposed bank, interior plans, and ATM design are attached. 340 3 Public Comments Under the standards of the City’s Neighborhood Notification Policy, no neighborhood notification was required beyond the usual public hearing notice. Information was also posted on the Golden Valley Speaks website. Staff will summarize any comments and responses at the meeting on May 22. Staff Review Traffic Space has been provided within the queueing lanes for up to eight vehicles. Should additional vehicles queue, this back-up would occur within the bank parking lot and not onto public right-of- way. Given the anticipated level of use (an average of 40 drive-thru transactions per day, or approximately five or fewer per hour), it seems unlikely more than eight vehicles would be in line at any point. Bicycle and Pedestrian Considerations Staff sees no conflict with the drive-thru lanes and the planned off-street trail along Wisconsin Avenue. The location of the drive-thru behind the building and accessed via the parking lot instead of directly from the street provides sufficient separation and safety for bikers and walkers. Exiting the drive-thru, vehicles will cross a new sidewalk as they enter the cul-de-sac on Golden Valley Drive. However, this will occur immediately following a full stop at the teller and therefore is less likely to be a concern. Teller Speakers Drive-thru facilities that employ tellers can raise noise concerns resulting from the volume of the loudspeakers – especially when these are located in close proximity to residential uses. The Wells Fargo proposal does not employ tellers for the drive-thru lanes, relying on ATM stations only. Therefore, staff does not anticipate noise will be an issue. Additional Department Review The City’s Engineering staff reviewed the proposal for conflicts involving traffic safety and had no additional comments. The Fire Department reviewed this proposal for adequate emergency access and public safety requirements and had no comments. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The two drive-thru lanes will be replacing the current five drive-thru lanes and free-standing ATM at the existing Wells Fargo 341 4 location. Demand remains for drive-thru options, though not to the extent provided by the current layout. 2. Consistency with the Comprehensive Plan Standard met. Financial institutions with drive- thru options are allowed in the areas designated for Commercial use in the Comprehensive Plan, and are appropriate for these districts. 3. Effect upon Property Values Standard met. The investment in a new building will be an improvement to the site, which currently contains a dated and vacant office building. 4. Effect on Traffic Flow and Congestion Standard conditionally met. Given the number of anticipated drive-thru transactions, the eight queueing spaces provided should provide adequate space. Any back-ups would occur on- site and would not impact the public right-of-way. 5. Effect of Increases in Population and Density Standard met. The anticipated regular drive-thru transactions will have negligible effects on the daytime population of the area. 6. Compliance with the City’s Mixed-Income Housing Policy Not applicable. 7. Increase in Noise Levels Standard met. Without the use of tellers for the drive-thru stations, staff does not anticipate that the facilities will generate additional noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. No such problems are anticipated. 9. Any Increase in Pests or Vermin Standard met. No such problems are anticipated. 10. Visual Appearance Standard met. Improvements to the site would enhance the visual appearance of the lot. Mixed Use zoning standards require the drive-thru be located behind the building, providing a more attractive streetscape. 11. Other Effects upon the General Public Health, Safety, and Welfare Standard met. No other effects are anticipated. 342 5 Recommended Action Based on the findings above, staff recommends approval of Conditional Use Permit No. 175, allowing for drive-thru facilities at 8240 Golden Valley Road (to become 600 Wisconsin Ave N), with the following condition: 1. A minimum of eight queueing spaces must be maintained in support of the drive-thru stations. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with the above condition shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Conditional Use Permit Responses (1 page) Site plan prepared by Civil Site Group dated April 21, 2023 (1 page) Proposed interior floor plan (1 page) Building elevations (2 pages) ATM design sheet (1 page) 343         REGULAR MEETING MINUTES    This meeting was conducted in a hybrid format with in‐person and remote options for attending,  participating, and commenting. The City used Webex to conduct this meeting and members of the  public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it  on CCXmedia.org, or by dialing in to the public call‐in line.     1. Call to Order  The meeting was called to order at 6:30 pm by Chair Brookins.     Roll Call  Commissioners present: A. Brookins, M. McCormick, M. Ruby, C. Segelbaum   Commissioners absent:  S. Ginis  Staff present:     Jason Zimmerman – Planning Manager  Council Liaison:   Denise La Mere‐Anderson    2. Land Acknowledgement    3. Approval of Agenda  MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, to approve the  agenda of May 2, 2023.   MOTION CARRIED    4. Informal Public Hearing – Conditional Use Permit for Drive‐thru Facilities  Address: 8240 Golden Valley Drive (to become 600 Wisconsin Ave N)  Applicant: Sentinel Management Company    Jason Zimmerman, Planning Manager, summarized the request was a consideration of Conditional  Use Permit 175, this will allow for drive‐thru facilities at a new Wells Fargo building.   Staff presented the location on a map in relation to the City, listed existing conditions on the lot, and  listed the details of the proposal. There will not be weekend bank operations but the drive‐thru will  have ATMs and that is open 24/7. Staff displayed design and the style.     Staff reviewed numerous factors when looking at the CUP.  Traffic   Queueing space provided for up to eight vehicles   Any additional queueing would take place within the parking lot and not within the City right‐ of‐way  May 22, 2023 – 6:30 pm  Council Chambers  Hybrid    344 City of Golden Valley     Planning Commission Regular Meeting  May 22, 2023 – 6:30 pm       2   At the current level of use (approx. 40 drive‐thru transactions per day, or roughly five per hour),  no problems are likely    Bicycle and Pedestrian Considerations   No anticipated conflicts with the planned off‐street trail along Wisconsin Avenue   Drive‐thru would be located behind the building (to the east) and away from bike/ped routes   Exiting vehicles will cross a sidewalk along the cul‐de‐sac, but will be commencing from a full  stop at the ATM station   Separately, bicycle stalls will need to be provided to meet City Code requirements    Teller Speakers   No tellers would be used for the drive‐thru lanes – ATM stations only   No anticipated noise associated with loudspeakers    Additional Department Review   No additional comments from Engineering or Fire      Recommended Action  Based on the findings, staff recommends approval of Conditional Use Permit No. 175, allowing for  drive‐thru facilities at 8240 Golden Valley Road (to become 600 Wisconsin Ave N), with the following  condition:  1. A minimum of eight queueing spaces must be maintained in support of the drive‐thru  stations.    Commissioners asked if lighting would impact the local residents and staff noted there are outdoor  lightning standards and this development will need to follow those regulations. Staff and  Commissioners discussed traffic: vehicle, pedestrian, and bicycle, atm location in relation to the  sidewalk, and bike parking.     The applicant was not present.     Chair Brookins opened the public hearing at 6:43.  Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and  that staff did not receive comments otherwise in advance.   Chair Brookins invited in person commenters to speak first.    Joe Komarek  8212 Golden Valley Road  I’m curious if there a ballpark idea which is first, bank or building and what the timeline is for the  project.     345 City of Golden Valley     Planning Commission Regular Meeting  May 22, 2023 – 6:30 pm       3  Chair Brookins invited remote callers to speak.  There were no remote callers.   Chair Brookins closed the public comment portion at 6:15pm.    Zimmerman noted the Park Nicollet building needs to be demolished first, the new Wells Fargo built,  then the old Wells Fargo building can be demolished, and the new building built. Best estimate is that  demo with start this summer, new bank construction to start immediately. Then progressing into  2024‐2025.     Commissioner Segelbaum noted that the drive‐thru won’t have the noise of a teller through a  speaker and that is a positive for him.     MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to recommend  approval of Conditional Use Permit No. 175, allowing for drive‐thru facilities at 8240 Golden Valley  Road (to become 600 Wisconsin Ave N), with the following condition:  1. A minimum of eight queueing spaces must be maintained in support of the drive‐thru  stations.    MOTION CARRIED    5. Informal Public Hearing – Tax Increment Plan Consistency with 2040 Comprehensive Plan  Address: 820 Golden Valley Road and 8240 Golden Valley Drive    Cherie Shoquist, Housing and Economic Development Manager, mentioned her previous  appearance before the Commission and noted this is now the first project presentation under the  City’s new Mixed‐Income Policy. Shoquist noted that the Commission’s role in this analysis is to make  a determination on if the Tax Increment Financing Plan is consistent with Golden Valley’s  Comprehensive Plan. Shoquist noted that the tax increment financing is to benefit the 303‐unit  multi‐family apartment building, 46 units will be affordable at 60% of Area Median Income.     There are preliminary terms of development, some went to the HRA Session in May, today is the  determination on if the TIF Plan is consistent with the Comp Plan, and next will be the June 20  HRA/Council meeting to consider recommendation and approval of Request for Tax Increment  Financing.   Shoquist continued by defining the Mixed Income Housing Policy at the City while detailing what that  means for rental developments and specifically the Sentinal Apartments of Golden Valley.     Shoquist discussed that the City worked with the Municipal Advisor, Baker Tilly, to create an analysis  regarding tax increment financing. This analysis defined TIF, properties within a TIF district, and  developer eligibility. She continued with comparative charts and how the HRA, Planning Commission,  and City Council all play a role in the determinations for this project to move forward and potentially  be renewed in the future.     346 City of Golden Valley     Planning Commission Regular Meeting  May 22, 2023 – 6:30 pm       4  Commissioner Ruby mentioned this TIF is provided for 15 years and then at 20 years the housing  units would return to market rate. Why can’t the units remain affordable because as he sees it, this  project isn’t solving the issue if this potential solution disappears. Shoquist noted that part of her  role is to provide an array of housing choices in the City and the TIF statute allows for some longevity  options as part of the area being developed, redeveloped, or renewed. In this situation, an option  that would increase that affordable housing to even 30 years was not an option. The City’s Mixed‐ Income Housing Policy requires 20 years of affordable so the developer is only receiving 15 years of  TIF Financing and then providing 20. Shoquist continued by discussing hurdles in financing, building,  supply, and demand as all reasons behind this result.     Commissioner Segelbaum asked about the two options for affordable housing in the presentation  and what defines them and how they relate to TIF. Shoquist discussed the requirement differences  for either 15% of the units be at 60% AMI for 20 years and 10% of the units being at 50% AMI for 20  years. The choice the City used was to encourage developers to build without going to the State,  County, and Met Council for additional funding to compensate.     Staff and Commissioners went on to discuss zoning map amendments, developers, TIF requirements,  the City’s Mixed‐Income Housing Policy, and the process for these developments. This conversation  continued so Commissioners could understand the full breadth of requirements and possibilities as  the City moves forward. Staff also broke down the details of other projects, their sources of funding,  investors, and how they relate to the City’s goals.  Staff and Commissioners also reviewed the new  Mixed‐Income policy, how developers meet the City requirements, and the City adding a  requirement to their development agreement that they use MN Housing Connections for financial  reporting.     Recommendation  Staff recommends approval of the Resolution finding the Tax Increment Financing Plan for Tax  Increment Financing (Renewal and Renovation) Golden Valley Road and Wisconsin Avenue District  Consistent with the Golden Valley Comprehensive Plan.       Chair Brookins opened the public forum at 7:32pm.   Chair Brookins asked staff if comments were received prior to the meeting. There were none.   Chair Brookins invited in person commenters to speak first.   There were no in person commenters.   Chair Brookins invited remote callers to speak.  There were no remote commenters.  Chair Brookins closed the public comment portion at 7:24pm.    Commissioner Segelbaum said he’s in favor of Golden Valley’s policies to establish reduced cost  housing and TIF is a good way to proceed. He added it’s good to understand the risks to the City and  not overextend. The Baker Tilly report went in depth on the requirements for statutory authorization  and he didn’t see anything other than a statement that it meets the stated requirements. If the City  347 City of Golden Valley     Planning Commission Regular Meeting  May 22, 2023 – 6:30 pm       5  wants to rely on the statement without data to support it, then he suggested the memo should have  included more information on how the requirements were met.  Chair Brookins stated that he didn’t see a lot of data that ties the program into the Comprehensive  Plan and the report didn’t touch on that. He added it would have been nice to see the goals in the  memo that are specifically being met.     MOTION made by Commissioner Ruby, seconded by Commissioner McCormick, to recommend  approval of the Resolution finding the Tax Increment Financing Plan for Tax Increment Financing  (Renewal and Renovation) Golden Valley Road and Wisconsin Avenue District Consistent with the  Golden Valley Comprehensive Plan.    MOTION CARRIED    – End of Televised Portion of Meeting –    6. Annual Commissioner Orientation  Zimmerman presented the annual orientation and answered questions from Commissioners.    7. Council Liaison Report  Council Member La Mere‐Anderson indicated that Commissioner Ginis had been appointed to the  City Council and would be resigning from the Planning Commission. Her term will run through  January 2, 2024. She noted that the Environmental Commission was fully staffed, but all other Boards  and Commissions had vacancies that needed to be filled.    8. Other Business  Commissioner McCormick was elected as Secretary to replace Commissioner Ginis.    9. Adjournment  MOTION by Commissioner Ruby to adjourn, seconded by Commissioner Segelbaum and  approved unanimously. Meeting adjourned at 8:05 pm.                                                                                                          ________________________________      ________________________________                 Secretary, Mary McCormick        Amie Kolesar, Planning Assistant  348 8200 Golden Valley Road Conditional Use Permit responses to Section 113:30 Conditional Uses 1. Demonstrated need for the proposed use: a. The two proposed drive through lanes will serve customers of the bank. The two lanes are a reduction from the previous five drive through lanes. Wells Fargo believes that customers value the ability to drive up to ATM machines, and that it especially helps persons who have mobility issues. b. Wells Fargo has shared usage data from the previous year. Drive-through ATM volume averaged 28 transactions per day, and drive-up teller transactions averaged 11-12 transactions per business day (7.6 per day). 2. Consistency with the Comprehensive Plan: a. The drive through lanes are a small part of the larger development which is overall consistent with the Comprehensive Plan of the City of Golden Valley 3. Effect of property values in the neighboring area: a. The footprint of the bank and drive through lanes are significantly reduced from the current condition. The drive through lanes are largely concealed from street view and thus should not affect the property value of neighboring properties. 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area: a. The existing bank and drive through lanes do not generate excessive amounts of traffic in the neighborhood, and the right sizing of this facility will not change the anticipated use of the new facility and its drive through lanes. 5. Effect of any increases in population and density upon surrounding land uses. a. The proposed bank and drive through lanes will increase the population and density of this site. 6. Compliance with the City’s Mixed Income Housing Policy. Not applicable. 7. Increase in noise levels to be caused by proposed use: a. There should be no increase in the volume or intensity of use for the new drive through lanes. Wells Fargo has experienced a decrease in drive up banking as online banking has gained popularity in the last ten years but many long-time customers continue to value the drive up banking option. 8. Any odors, dust, smoke, gas, or vibration to be caused by the proposed us: a. There will be no odors, dust, smoke, gas, or vibration caused by the two proposed drive through banking lanes. 9. Any increase in pests, flies, rats or other animals or vermin in the area to be caused by the proposed use: a. The drive-up banking use will not increase the number pests, flies, rats or other animals or vermin in the area with the proposed drive through banking lanes. 10. Visual appearance of the proposed structure or use: a. The visual appearance of the drive through banking lanes will be largely concealed from the public right of way by the new bank building itself, thus minimizing the impact of the drive through lanes. The drive through lanes are oriented to away from adjacent residential buildings in order to prevent vehicle headlights from shining into dwelling units. 349 WISCONSIN AVENUE N(A Public R/W)(A Public R/W)(A Public R/ W)Concrete SidewalkConcreteConcreteConcreteConcretePaversPaversned 9" VSP)Abandoned9" VCP (PerRec)Abandoned 8"VCP (Per Rec)9" VSP9" VSP9" VSPSan. Serv.San. Serv.8" VCP8" VCP8" VCP12" RC P 12" RCPWat. S erv.(Per Rec)Wat. Serv.(Per Rec)Wat. Serv.(Per Rec)GOLDEN VALLEY DRIVEWat. Serv.[11] Utility & DrainageEasement Per Plat[11] Utility & DrainageEasement Per Plat[11] Utility & DrainageEasement Per Plat[11] Utilit y & Dr ai n a g e Easem e nt P er Pl at PARCEL BPARCEL A[8] San. Sewer Easementper Doc. No. 54231688" DIP (Per Rec)8" DIP (Per Rec)GOLD E N V ALL EY R O A D dAbandoned GasLine Per ProvidedMapping[A] Back of CurbCrosses Property LineegeagenaginaainraitDraatDrlat& DPla& r Py &er ty PerlityPetilitt PUtint Uten] Ume1] me11]em[11se[1ase[EasEaESSSaranr Dn.Don. Doocc. . LOT 1134,644 SF664646666664646464466666464646444443.09 AC39000003.0033333333333333...0333333333333333....03.3.03.03.0009AA9A9AA99CC939CC939C3309ACC39A3.ACC39ACCCCCCAA.333CCC900.3.009 AC09 AC0CC0000000000000000000000000000000000000000000000000CCCCCCCCCCCCCCCCCCCC09 AC09 AC09 AC222LOT 22226,040 SF22222222220.60 ACCPCPCPppeer88]]e at ag r PlatPer Plt Perent P ement asem U Ease]]Ea 1[1]]UtUU & Dr n geg CPCPSENTINEL GOLDEN VALLEY600, 640 WISCONSIN AVE, GOLDEN VALLEY MN 554275215 EDINA INDUSTRIAL BOULEVARD, #100, EDINA, MN 55439SENTINEL MANAGEMENT COMPANYPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 222873/14/2023 SITE PLAN SUBMITTAL3/17/2023 SCHEMATIC DESIGN4/21/2023 CITY RESUBMITTAL......1/23/2023 LUA SUBMITTALDRAWN BY:REVIEWED BY:JR, RB MP, RB..............COPYRIGHT CIVIL SITE GROUP INC.c2023civilsitegroup.com44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.4-21-23REVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN............SITE AREA TABLE:SITE LAYOUT NOTES:SITE PLAN LEGEND:CITY OF GOLDEN VALLEY SITE SPECIFIC NOTES:NKnow what'sROPERATIONAL NOTES:SNOW REMOVALALL SNOW SHALL BE STORED ON-SITE OUTSIDEPARKING LOT. WHEN FULL, REMOVAL CO.SHALL REMOVE EXCESS OF-SITETRASH REMOVAL:TRASH SHALL BE PLACED IN INTERIOR TRASHROOM AND REMOVED BY COMMERCIAL CO.WEEKLY.DELIVERIES:DELIVERIES SHALL OCCUR AT THE FRONTDOOR VIA STANDARD COMMERCIAL DELIVERYVEHICLES (UPS, FED-EX, USPS).SITE DATAZONING SUMMARY EXISTING ZONING C - COMMERCIAL PROPOSED ZONINGMU-C - MIXED USECOMMUNITY SETBACKSREQUIREDPROVIDED PRIMARY FRONT - ALL SIDES 5'-10'BUILDING SUMMARY NUMBER OF UNITS 303REQUIREDPROVIDED BUILDING HEIGHT 48' -PARKING SUMMARY PARKING SPACE SIZING 9'X18.5' COMPACT PARKING SPACE SIZING DRIVE AISLE SIZE24'REQUIREDPROVIDED NUMBER OF PARKING @ 1:1.5455 457 350 MN-Golden Valley proposed plan 8 4,348 GSF (4,103 USF) Program Detail Qty. Lobby Teller Station 3 Lobby Teller TCR 1 Platform Stations 8 Consult Room 1 Customer SD Box Vault 10’ x 19’ Lobby ATM 1 Walk-up ATM (vestibule)1 Drive-up ATM 2 351 SLAB0"T.O. PARAPET21' -6"T.O. LOW PARAPET20' -0"EA-1 ACCENT CLADDINGEB-1 STONEEM-1 ACM WALL PANELSACM PANELBY SIGNAGE VENDORET-1 METAL COPPINGET-2 HM EXIT DOOREC-1 ACM CANOPY PANELSEC-2 ACM CANOPY PANELSET-3 BREAK METAL BASE27' - 4 7/8"10' - 11 3/8"ET-1 TRIMES-1 CURTAIN WALL SYSTEMSLAB0"T.O.S14' -0"T.O. PARAPET21' -6"T.O. LOW PARAPET20' -0"EB-1 STONEENTRY DOOR AND FRAMEET-1 METAL COPPINGEC-1 ACM CANOPY PANELSEC-2 ACM CANOPY PANELSEC-1 ACM CANOPY PANELSEC-2 ACM CANOPY PANELSET-1 TRIMES-1 CURTAIN WALL SYSTEMET-1 TRIMET-3 BREAK METAL BASE28' - 5 1/2"11' - 3 3/8"EM-1 ACM WALL PANELSACM PANELBY SIGNAGE VENDOR1/4" = 1'‐0"1SOUTH1/4" = 1'‐0"2NORTHARCHITECT PROJECT NUMBERDATE ISSUED:CONSULTANTSSHEET NUMBERREVISIONSREVIEWED BY:DRAWN BY:SHEET TITLEARCHITECTSET ISSUED:FOR REVIEW SET 00/00/0000G:\Wells Fargo\_WF Retail Test Fits General 21-206\22-671 MN, Golden Valley\06 Construction Documents\Support\22-671 MN-Golden Vally ELEV only .rvt12/8/2022 2:26:59 PM22-671GOLDEN VALLEY, MN8240 GOLDEN VALLEY RD.PROJECT #: 399587BE#: 112140Issue DateEXTERIORELEVATIONSA4.00ApproverAuthor-REV REASON FOR ISSUE DATE 352 SLAB0"T.O.S14' -0"T.O. PARAPET21' -6"T.O. LOW PARAPET20' -0"EM-1 ACM WALL PANELSET-1 METAL COPING28' - 7 1/4"EA-1 ACCENT CLADDINGET-3 BREAK METAL BASEES-1 CURTAIN WALL SYSTEMEM-1 ACM WALL PANELSACM PANELBY SIGNAGE VENDORET-1 TRIMEC-1 ACM CANOPY PANELSEC-2 ACM CANOPY PANELSSLAB0"T.O.S14' -0"T.O. PARAPET21' -6"T.O. LOW PARAPET20' -0"ET-1 METAL COPPINGEB-1 STONEEA-1 ACCENT CLADDINGET-1 TRIM28' - 5 3/4"7' - 6"ES-1 CURTAIN WALL SYSTEMEM-1 ACM WALL PANELSACM PANELBY SIGNAGE VENDORET-3 BREAK METAL BASEEA-1 ACCENT CLADDINGET-2 HM SPRINKLER RM. DOORET-1 TRIMEC-1 ACM CANOPY PANELSEC-2 ACM CANOPY PANELS1/4" = 1'‐0"2WEST1/4" = 1'‐0"1EASTARCHITECT PROJECT NUMBERDATE ISSUED:CONSULTANTSSHEET NUMBERREVISIONSREVIEWED BY:DRAWN BY:SHEET TITLEARCHITECTSET ISSUED:FOR REVIEW SET 00/00/0000G:\Wells Fargo\_WF Retail Test Fits General 21-206\22-671 MN, Golden Valley\06 Construction Documents\Support\22-671 MN-Golden Vally ELEV only .rvt12/8/2022 2:27:07 PM22-671GOLDEN VALLEY, MN8240 GOLDEN VALLEY RD.PROJECT #: 399587BE#: 112140Issue DateEXTERIORELEVATIONSA4.01ApproverAuthor-REV REASON FOR ISSUE DATE 353 Project ID It is the Customer’s responsibility to ensure that the structure of the building is designed and constructed being ordered. Please ask PSG to provide further details if required. All rights reserved. The artwork depicted herein are copyright and are the exclusive property of cannot be reproduced in whole or 120V Other Signature MM/DD/YYYY 347V Customer Approval Date: Scale: Sales: Designer: Revision Note: Rev. #: Date: Sign Item Electrical 01-30-2023 NTS J. Christensen M. Holman WF BE 112140 Wells Fargo 8240 Golden Valley Rd. Golden Valley, MN 55427 RK2-50359 Required: Final dimensions subject to site survey and/or technical Fluorescent, Neon and HID lamps contain Mercury (HG). Dispose of the lamps according to Local, Provincial, State or Federal Laws.This includes proper grounding and bonding of the sign.N13 520 W Summit Hill, Suite 702, Knoxville TN, 37902 www N13 Island Drive-up - DN490 ENCL-C WF4000 Model Number: DN490 ENCL-C WF4000 The WF4000 island drive-up enclosure with canopy is comprised of a white aluminum enclosure with a red bezel that projects out from the enclosure and visually wraps internally illuminated with white LEDs. The canopy has red panels that stage similar illuminated white Wells graphic,” which is applied to minimize visual wear and 354 ORDINANCE NO. 767 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 175 8240 Golden Valley Drive Sentinel Management Company, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit for a certain tract of land (parking lot) located at 8420 Golden Valley Drive, thereby allowing for a drive-thru facility in a Mixed Use Zoning District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on December 20, 2022. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. A minimum of eight queueing spaces must be maintained in support of the drive-thru stations. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 2, Block 2, Valley Square 3rd Addition, Hennepin County, Minnesota. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” 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 5th day of July 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa J. Schyma, City Clerk 355 Review of Council Calendar Event Event Time Location JULY Tuesday, July 4 City Offices Closed for Observance of Independence Day Wednesday, July 5 Special City Council Meeting (Commissioner Interviews)5:15 PM Hybrid - Council Conference Room Special HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 9 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, July 10 Ice Cream Social 7:00 PM - 8:00 PM Brookview Park Tuesday, July 11 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, July 16 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 18 Special City Council Meeting (Commissioner Interviews)5:30 PM Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 23 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, July 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Grand Opening of Old National Bank at 10 West 3:00 PM 10 West End, 1601 Utica Ave S Annual Taste and Tour of Golden Valley 5:00 PM - 8:30 PM City Hall Campus & various local businesses Friday, July 28 Penny Carnival 12:30 PM - 2:00 PM Brookview Park Sunday, July 30 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus AUGUST Tuesday, August 1 National Night Out 6:00 PM - 9:00 PM Various Locations/In-Person Wednesday, August 2 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 6 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 8 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, August 13 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 15 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 20 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus 356