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agenda packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 7, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - August 17, 2010 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. Gambling License Exemption and Waiver of Notice Requirement - Community Involvement Programs 3. Solicitor's License - The Window Store Home Improvements, Inc. 4. Solicitor's License - Energen Home Solutions/Window Academy 5. Solicitor's License - Oak Grove Church D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - July 27, 2010 2. Envision Connection Project Board of Directors - July 22, 2010 E. Communications: 1. Lowell and Norma Hammer Regarding Rain Barrels and Garbage Cans F. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges - 10/5/10 G. Acceptance of Donation - General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests 10-44 H. Receipt of July General Fund Budget Report I. Call for Public Hearing - Vacation of Sanitary Sewer Easement, Platted Utility and Ditch Easements - 500 Cloverleaf Drive - 10/5/10 10-45 J. Second Consideration - Ordinance #448 - Adding a New Section 5.19: Social Host Liability K. Board/Commission Appointments PAGES 3. CONSENT AGENDA -CONTINUED L. Removal of Yield Signs and Establish a Two Way Stop - Intersection of Sumter Avenue North and Phoenix Street 10-46 M. Authorization to Sign Legal Services Agreement with Best & Flanagan N. Authorization to Sign 2010 Minnesota Department of Transportation Community Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting 10-47 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance No. 449 - Approval of Conditional Use Permit 129 - 2530 Winnetka Avenue North - Semper Development, Applicant B. Public Hearing - Preliminary Plat Approval - 2530 Winnetka Avenue North 5. OLD BUSINESS 6. NEW BUSINESS A. Adopting Proposed 2011 Budget and Proposed Tax Levies Payable in 2011 10-48 B. Set Date for Hearing - 2011-2012 Budget and 2011 Property Tax Levy - 12/7/10 C. Declaration of Hazardous Buildings - 700/800 Xenia Avenue South D. Authorization to Sign Agreement with City of Edina for Dispatch Services E. Announcements of Meetings F. Mayor and Council Communications 7. ADJOURNMENT Ca 'G1, Ismove Memorandum Finance 763-593-8013 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Citi �G ""':F o f: ey Memorandum Inspections 763-593-8090 1763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4512 North Point Automobiles New/Used Vehicle Dealers $400.00 9130 Olson Memorial Highway #4518 Venture Auto New/Used Vehicle Dealers 6130 Olson Memorial Highway Recommended Action Motion to authorize the issuance of licenses as recommended by staff. 1; � � Golden gaIley Memorandum City Administration/Council 763-593-8006 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Community Involvement Programs Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30 -day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Community Involvement Programs requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Community Involvement Programs. 0812312010 09:49 6123624479 COMMUNITY INVOLVEMEN PAGE 01/02 Pane 1 of z 2/10 nrrrrrcXAW f-awrur saarrrwr,ry Application fee for each event LG220 Application for Exempt Permit It application esti arkedor nIggived: less than 30 days.. before the event r9ore,than 30 days , before the event An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and . - awards leas than $50,000 in prizes during a calendar year. .. $t Qg tat) ORGANIZA'nON INFORMATION Cho* W g o Organization name Previous gambliitg:permit number Type of nonprofit Wganization, Chedk one. F'ratermal " Rbligious' [DVLtetaht g'Othsundriprofitofggnizatiori Mailing address city, State , zip Cade County Name of chief executive offs CEO) baytim'4 phone number I;rnail address � 1 ' - ,r �Z - P l n . o r Attach a copy of DM of the follovuing for. proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 160 State Office Building, St. Paul, MN 53155 Phone: 651-296-2803 IRS income tax exemption [601(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-828-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b, the charter or letter from your parent organization recognizing your organization as a subordinate. IRS -proof previously submlttsd to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take plane) O1<k 4u , cel I rz)cm 4- CL-) brporr--- Address (do not use PO box) City Zin r:nde County �-1 W 2dJ* l vJ . i� r Date(s) of activity ffa f8es, Indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will conduct: 71 Binge" ZRaffies E]Paddiewheels" ❑Pult-Tabs' O*ripboards- * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct; bingo. Print Form To find a licensed distributor, go to www.gcb.state.mn.us and click on List Reset Farm of Licensed DIstributors, or call 651-639-4076. 08/23/2010 09:49 6123624479 COMMUNITY INVOLVEMEN PAGE 02/02 LG220 Appiication for Exempt Permit Page 2 of 2 1110 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling. premises is within city limits, If the gainbling premises is located in a -township' .; a a. city official rrfuet check the action that the city is county tAcial must check the action that the tloUttty is taking taking on this `appPcetion and sign the application. on this appRctition and sign the application, A-tovvnship Official is not required to sign the appliostion. �The application is acknowledged with no waiting.: periodThe.application is acknowletged with no Waiting period. Tha application is acknowledged with a 30 day waiting The application is acknowledged with. a 30 [fay wa 'r, period, and alibws the Soard110ssue a permit,afte 30 . , period, and allovds.the'Board td issue a pet+iii( affer 30 days (fib days for a 1st class city). days, ,,,,The applicafian is d2rlied. The -application Is danied: Print county name Print city name On batmlf of the county, f acknowledge this application, On behalf of the city, l acknowledge this application. Signature of county official receiving application alure of city offi ' I receiving application Title Date 1 ! (Optional) TOWNSHIP; on behalf of the township, I Title r S l -i DateJ �� , I acknowledge that the organization is applying for exempted 9ambting activity within township limits. IA township has no statutory aUthortty to approve or deny an application [Minnesota statut2 349.166)] Print township name Signature of township official acknowledging application Title Date ..__l 1 CHIEF EXECUTIVE OFFICER'S SIGNATURE lite information provided in this application is complete and accurate to Me bast of my knowledge. f acknowledge thet tate financial report will be completed and returned to the `0 rd within 30 days of the date of ourgambling activity. Chief executive officer's signatu �---" Date /n Complete a separate application for each gambing activity; Financial report and recoirdkeeping required - one day of gambling activity, A financial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at - each day a raffle drawing is held www.grh.state.mnus. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a Dopy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event, Questions? Make check payable to "State of Minnesota" Call the Licensing Section of the Gambling Control Board at 651-638-4076, To, Gambling Control Board 1791 West County Road B, Suite 300 South print Form Reset Form Roseville, Mid 55113 the Board will be able to process your information; Minnesota's Department of This form will he made available in altemative organization's epti ieatlon. Your organizstlon's Public Safety; Altomey General; format (i.e. large print, Braille) upon requast name and address will be public informatian commissioners of AdmWdstration, Mirnasota Data privacy notica:The information requested when received by the 9oard. M other Management & Budget, and Revenue; on this form (and any attachments) will be used information provided will be private data until by the Gambling Control Board (Board) to the Beard issues the ennlL when the Wloard Leoulative Auditor, national and International determine your organization's qualifications to issues the pem* al krbnnaGm provided will `ng regulatory agencies; anyone pursuant be Involved In lawful gm)bling activities In become pubic. If the Board does not issue a to `'off order; other individuals and agendas Minnesota. Your exganizatiom has the right to specifically authorized by state or federal law to rafuse to supply the information requested; Permit, all information provided remains private, have access to the information; individuals and however, if your orpanlzation r iuseg to supply with the exception of your orgenizodan's name agencies for which law or legal order authorizes this ever,infor9 you the Board may not be able supply and address which wil ramin public. Private a new use or sharing of information after this determine your orgaBoard s qualifications data era available to; Board rnermbam. Board Notice was given, and anyone with your written and, as a consequence, may refuse to tmue a staff whose work requires access to the cons. permit. If you supply the informatlon requested, COMMUNITY INVOLVEMENT PROGRAMS STANDING WITH AND SUPPORTING PEOPLE WITH DISABILITIES August 4, 2010 Judy Nally City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Judy: Administrative Office 1600 Broadway St. N.E., Suite One Minneapolis, MN 55413-2617 Tel (612) 362-4400 Fax (612) 362-4479 www.cipmn.org Community Involvement Programs will host our annual Partners in Hope Gala at the Metropolitan Ballroom and Clubroom on Friday, October 29, 2010. We are requesting permission to hold a raffle at this event and respectfully request that the City Council waive the Customary 30 day waiting period for the exemption for lawful gambling permit required for this type of event. Thank you, Michele McGee Mental Health Services Manager 612-290-1493 ��Golden galley Memorandum City Administration/Council 763-593-8002 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. C. 3. Solicitor's License - The Window Store Home Improvements, Inc. Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for The Window Store Home Improvements, Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ?1 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddlerqo_wisclo (circle one Enclose the sum of $•`for (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. %, (Business or Individual Name or Organization to be Licen (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business (Corporation, Prop rietorshi artnership)Non-Profit, State of Incorporation or Individual) (Address) X12 � 5�' �7go (Telephone Number, including Area e) � NOW, THEREFORE, C_ hereby makes application for (Applicant Name) period -of through 6/30/,� subject to the conditions and provisions of said City Code. (Signature of Description ofhoods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): '(W o h a -fz)v hence ) y,�VaUep — ldto, NOTE: If the products for sale are changed or modified, you must give the City complete infnrmntinn rennrciinn such channP or mndificatinn List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OF IYI11VIULOV�4 ) ss. COUNTY OF ) 1, of f,( Y Acicw S _.1 qww (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be Subscribed and sworn to before me this day of A19 v -� T , 20 (Signature) r RON VOSIKA Notary Public State of Minnesota °yY- jy My Commission Expires " s� • January 31, 2015 it Golden galley Memorandum City Administration/Council 763-693-8002 / 763-693-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. C. 4. Solicitor's License - Energen Home Solutions/Window Academy Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Energen Home Solutions/Window Academy. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ !15 (06 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler olicito (circle one Enclose the sum of $ for O (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. (Business Individual Name or Organization to be Licensed) --� %3aq'� 09 (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business (Corporation, Proprietorship, Partnership, Non -Profit, State of Incorporation or Individual) iso (Address) City, State#d Zip C de) --VPA (-�7 H 5 0 (Telephon ,umber ncluding Area Code) NOW, THEREFORE, Lsm�" hereby makes application for (Applicant Name) period f //0 through 6/310/1 / , subject to the conditions and provisions of said qiN Co (Signature of Ap licant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OFA/PtJ1SVf1'J- ) ) ss. COUN F ) I, (Officer/Individual) of e 1 5�u U`� i kdDsl— Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Signature of Applicant/Principal Officer) Subscribed and sworn to before me this wvww��M�+ww�• JUDITH A. NALLY WTMYPUBW-MNWAM MyCMMMMEO"at if, mi; ffi AV Golden galley Memorandum City Administration/Council 763-593-8002 1763-693-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. C. 5. Solicitor's License - Oak Grove Church Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Oak Grove Church. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ® _ r7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Solicitor --{-circle one) oc'/ Enclose the sum of $� for l (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. K 6 rd ve C_'! u r O) (Business or Individual Name or Organization to be Licensed) '41— (qa©c) 6 D (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business A.lo r �r_ t� (Corporation, Proprietorship, Partnership, Non -Profit, State of Incorporation or Individual) (Address) City, State and Zip Code) `7(5,3— Sq -4-1—r14( (Telephone Number, including Area Code) NOW, THEREFORE, t X11/?1 hereby makes application for (Applicant Name) period of 71/ /o through 6/30/ /1 , subject to the conditions and provisions of said City Code. (Signature of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (-/ L4 - (If more space is needed, attach additional sheets) STATE OF ) ) ss. COUNTY OF,'/fnGp'��l ) V1 C' (Officer/Individual) of e 7# (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Signature of Applicant/Principal Officer) Subscribed and sworn to before me this day of ft gr '20 JUDITH A. NALLY (Signature) 4F WMr arc-mmw8M bh' co�hWon Exprw he. at, sots euVWvK Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals July 27, 2010 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, July 27, 2010 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Segelbaum called the meeting to order at 7 pm. Those present were Members Kisch, Nelson, Segelbaum, Sell and Planning Commission Representative Cera. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes — June 22, 2010 MOVED by Sell, seconded by Nelson and motion carried to approve the June 22, 2010 minutes as submitted. Cera abstained from voting. Segelbaum referred to a recent Supreme Court of Minnesota case that talked about the standards that apply when City's consider undue hardship in reviewing variance requests. He summarized the definition of hardship as follows: 1) the property cannot be put to a reasonable use if used under conditions allowed by official controls, 2) the plight of the landowner is due to circumstances unique to property and not created by the landowner, and 3) the variance if granted will not alter the essential character of the locality. He said the court case appears to have modified the standards but according to the City Attorney the Board of Zoning Appeals, when discussing the Semper Development proposal on this agenda, should consider the City's existing standards because the original variance application was submitted before the court ruling. Kisch added that it is his understanding that the City Attorney will be updating the Board of Zoning Appeals at a future meeting. II. The Petitions are: Continued Item - 2530 Winnetka Ave N (10-06-04) Semper Development Ltd. Applicant Request: Waiver from Section 11.70, Subd. 3 Off -Street Parking Requirements • 9 parking spaces off the required 58 parking spaces for a total of 49 parking spaces Purpose: To allow for the construction of a Walgreens store. Hogeboom reminded the Board that Semper Development was on their agenda last month with a request for a front yard variance to allow for the proposed building to be constructed closer to Winnetka Avenue than required. At that meeting the Board tabled the request Minutes of the Golden Valley Board of Zoning Appeals July 27, 2010 Page 2 and indicated to Semper Development that it may look more favorably at allowing a reduction in the number of required parking spaces instead of the requested front yard variance. Hogeboom referred to a revised site plan and explained that the applicant has moved the proposed building further to the east and reduced the number of parking stalls required. He explained that this revised proposal also eliminates the access driveway on Rhode Island Avenue so the only access points to this property are on Wnnetka Avenue. Hogeboom referred to the City's parking requirements and explained that retail uses require 1 parking space per 250 square feet of retail space so the requirement for this proposal would be 58 parking spaces. The applicant is proposing to have 49 parking spaces, which staff supports. Hogeboom explained that the applicant will also have to go before the Planning Commission and City Council for their Lot Consolidation request and their Conditional Use Permit request. Segelbaum asked if the closure of the Rhode Island access will reduce the number of steps in the approval process. Hogeboom said no and explained that the applicant will have to go through the same approval process and that the Rhode Island access issue would have been looked at as a part of the Lot Consolidation process. Segelbaum asked if the remaining accesses are on the owner's property of if they would go over an easement. Hogeboom stated that both accesses are on the owner's property. Segelbaum asked if the setback lines shown on the applicant's plans reflect the taking of right-of-way by the County. Hogeboom said yes, the plans take into account the County's taking of additional right-of-way. Segelbaum asked if the City's parking requirements are current or if they have been in place for many years. Hogeboom said the parking requirements have been in place for quite some time and explained that there has been a trend in some cities to reduce the number of required parking spaces. John Kohler, Semper Development, Applicant, stated that Walgreens has reviewed the proposed new plans in detail and they feel having 49 parking spaces on this property will be adequate. Sell asked how this proposed Walgreens compares in size to the Walgreens store on 42"d and Winnetka in New Hope and the store on Cedar Lake and Louisiana in St. Louis Park. Kohler said the proposed Golden Valley store will have approximately 11,000 square feet of retail space which is similar to both of the stores Sell referenced. Sell said he has looked at the parking at the Walgreens in New Hope and there have never been more than 15 cars parked in the parking lot, however the drive-thru traffic was fairly steady. He said he feels comfortable with the 49 parking spaces being requested. Nelson asked about the size of the Walgreens at 50 h and France. Kohler said that store is 7,000 square feet and has 13 parking spaces. Minutes of the Golden Valley Board of Zoning Appeals July 27, 2010 Page 3 Cera referred to Walgreens stores that have 2 stories and asked if those stores have a smaller footprint and if that option was considered in this case. Kohler said the footprint of the 2 -story building is slightly smaller but not small enough to be able to fit more parking spaces on the site. Sell asked where the store's merchandise would be delivered. Kohler stated there is no loading dock, just a delivery door and that a truck would pull up along the south side of the building to unload merchandise once a week. Kisch referred to the site plan and asked if the Fire Department or Engineering Department has reviewed the proposed turning radius around the island area. Hogeboom said the Fire Department and Engineering Department have reviewed the revised plans. Kohler added that they are still fine tuning the island area but that the site will meet the turning radius requirements. Kisch asked about the actual impact on traffic. Hogeboom explained that the County was most concerned about traffic turning on Medicine Lake Road but they don't foresee this Walgreens store severely impacting traffic. Kohler added that the traffic at Walgreens tends to be more of a trickle and does not produce peak hour traffic like an office use might. Segelbaum asked if Walgreens has considered purchasing other adjacent properties for this proposal. Kohler said Walgreens did consider purchasing adjacent properties but it made the project too cost prohibitive. Segelbaum asked if Walgreens is continuing to look at purchasing adjacent properties. Kohler said not to his knowledge. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Sell stated that since last month's meeting he has been paying more attention to Walgreens stores. He noted that Walgreens are typically located on a corner and in this case he understands why the applicant didn't purchase the corner property because the traffic pattern in this area will work better with the store placed further away from the corner. He said he is in favor of the proposal since the traffic will be more sporadic and not all at peak hours. Nelson said she is also in favor of the proposal and feels like the applicant came back with a good revised plan. She added that she doesn't like looking at a "sea of asphalt" in the front of buildings so she is happy with this proposed plan. Kisch said he feels a hardship was forced upon the applicant in this case because of the City's parking requirements and the so called need for more parking. He said he feels a reduction in the amount parking is better because it reduces in the amount of impervious surface by 2% and will increase the amount of landscaping. He said he is in support of granting the variance request and feels it is an improved plan compared to the original proposal. Minutes of the Golden Valley Board of Zoning Appeals July 27, 2010 Page 4 Cera said he agrees with Kisch. He said he thinks the proposed design works and it is nice to see an applicant work with the Board of Zoning Appeals. Segelbaum referred to the criteria used when deciding on a variance request and noted that the plight of the landowner in this case was not created by the landowner, the proposal won't alter the locality, in fact it would improve the locality, and it is a reasonable request in light of its use and impact so he is also in favor of granting the variance. MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the following variance request: 9 parking spaces off the required 58 parking spaces for a total of 49 parking spaces. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:37 pm. Chuck Segelbaum, Chair Joe Hogeboom, Staff Liaison Envision Connection Project Board of Directors Meeting Minutes July 22, 2010 Present:: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, and Blair Tremere Absent Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7:20 pm in the Council Conference Room. Approval of Minutes Tremere/Penk moved to approve the minutes of June 26, 2010, as presented. Motion carried. Envision Award Jeanne Andre is doing the research on the Visi nomination, as requested by the Board, and will be forwarding the nomination to the City Council. Proposed Community Foundation/Non-Profit Dean Penk plans to set the first meeting of the transitional board to occur sometime in August. Bridge Builders Lilac Planting — The next planning meeting is August 9. Blair Tremere sent a solicitation letter requesting donations. Philip Lund contacted a number of Scout groups and there may be interest in promoting an Eagle Scout Project. Calvary Church may send a planting group; a letter should go out to other churches asking them to coordinate a planting group as well. Allianz sent groups to the Human Services Foundation Golf Tournament and might send groups for lilac planting. Some members will work on some Burma Shave type signs to install by the existing plantings to invite volunteers to the October planting. Ice Cream Social — The event was well attended, with about 1200 cones scooped and 12 containers of ice cream emptied. $300 in donations have been pledged, and $19 in cash donations were collected at the social. More funds may be needed to cover the cost of the ice cream. Dog Park — Mayor Loomis has reiterated to the Minneapolis Park Board that the City is interested in having a dog park in Wirth Park. Buckthorn Busting — Blair Tremere is still working on the grant request to the Bassett Creek Water Management Commission for buckthorn education. Volunteers in the Valley — Flyers were distributed at the Ice Cream Social and will go out to block leaders to distribute at Night to Unite. Board Members took flyers for their neighborhoods. Natural History Museum — Bridge Builder Diana Thottungal is working with the Parks and Open Space Commission to identify Golden Valley parks that could adopt some aspects of her museum concept. Envision Connection Project Board of Directors Meeting Minutes July 22, 2010 — Page 2 Valley Days Philip Lund reported that the Valley Day Directors have met to plan a one -day event in Brookview Park for 2011. The parade would go along Western from Lions Park to Brookview. There would still be artist booths, a band in the evening, and perhaps events such as a tennis, golf or volleyball tournament that would utilize Brookview facilities. They still hope to close with a big band and fireworks. They plan to focus on the 125 year anniversary, perhaps inviting the Historical Society to have a major display at the small picnic shelter. Committee member will start discussing these plans with the City and cooperating groups soon. Recruitment of Members to Executive Board Lynn Gitalis has expressed interest in joining the Board. Linda Loomis will follow up. 125 Year Anniversary Marshall Tanick has drafted a letter to Golden Valley organizations to invite them to be involved in planning activities to celebrate the 125 -year anniversary. Jeanne Andre is reviewing the letter and helping to identify groups that could be involved. Staffing Changes Jeanne Andre reported that the new volunteer coordinator, Sandy Werts, has been hired. She and Andy Soltvedt, from the Park and Recreation staff, will attend the August meeting to be introduced to the Board and start transitioning to their role of supporting the Board. Helene Johnson made a moving tribute to Jeanne Andre and presented a generous gift from the Board Members. Future Meetings The next meeting will be on August 19. The meeting adjourned at 8:45 pm. Jeanne Andre, Assistant City Manager From: Lowell Hammer [hammertools@comcast.net] Sent: Saturday, August 14, 2010 12:20 PM To: Scanlon, DeDe Cc: Shaffer, Bob Subject: Rain barrels and garbage cans We read with interest the article in the August 12th Sun Post in regard to rain barrels. We suggest that the council be extremely careful before instituting another ordinance with no intention of enforcing it. The lack of enforcement of the garbage can ordinance comes to mind. We were surprised that Mayor Loomis referred to the same ordinance. Far to many homes in Golden Valley have their garbage cans visible from the street. On Olympia Street, where we live, there are 22 visible garbage cans just from Douglas Drive to Louisiana. Why have another ordinance in effect when the one regarding garbage cans is not enforced? Then we'll have two ordinances that are not enforced. As citizens who think it is important to protect the curb appeal of homes in the city, we would like to see no garbage cans or rain barrels in front yards. If they are on the side of the house by the front, a screen should be used. Respectfully, Lowell and Norma Hammer 6800 Olympia Street Agenda Item 3. F. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary At this meeting the City Council should call for a public hearing for October 5, 2010 at 7 pm to consider certifying the following special assessments: 2010 Delinquent Utility Bills 2010 Miscellaneous Charges - Includes false alarm responses, weed cutting, administrative citations, tree removal, etc. Recommended Action Motion to call a public hearing for special assessments for delinquent utility bills and miscellaneous charges for October 5, 2010 at 7 pm. Memorandum Fire Department 763-593-8079 / 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. G. Acceptance of Donation - General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Fire Department received a donation of $2,500 from the General Mills Foundation, Community Action Fund. The donation is for the purchase of a traffic safety vest for each firefighter. The vests will be worn at highway incidents for compliance with State and Federal laws. Attachments Resolution Accepting Donation from General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests (1 page) Recommended Action Motion to adopt Resolution Accepting Donation from General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests. Resolution 10-44 September 7, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM GENERAL MILLS FOUNDATION, COMMUNITY ACTION FUND FOR FIRE DEPARTMENT TRAFFIC SAFETY VESTS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $2,500 from General Mills Foundation, Community Action Fund for Fire Department Traffic Safety Vests Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Golden valIP1 Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. H. Receipt of July 2010 General Fund Budget Report Prepared By Sue Virnig, Finance Director Summary The monthly General Fund Budget Report provides a progress report on the General Fund operations for 2010. The revenues and expenditures show current month actual and year-to- date actual compared to the 2010 approved budget. The 2010 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of July 2010 the City is using $392,945 of fund balance to balance the budget. Attachments July 2010 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the July 2010 General Fund Budget Report. City of Golden Valley Monthly Budget Report - General Fund July, 2010 (unaudited) Percentage Of Year Completed 58.33% Revenue: Charges For Services: General Government 37,710 21,946 32,266 Over % Public Safety 2010 July YTD (Under) of Budget Type Budget Actual Actual Budget Received Park & Rec 392,500 37,192 280,590 ($111,910) Ad Valorem Taxes $11,552,050 5,824,901 $5,833,590 ($5,718,460) 50.50% (1) Licenses 151,865 16,719 179,183 $27,318 117.99% Permits 703,000 64,175 349,030 ($353,970) 49.65% Federal Grants 0 0 6,517 $6,517 ($16,830) State Aid 10,500 13,902 20,280 $9,780 193.14% (4) Hennepin County Aid 0 0 1,266 $1,266 (5) Charges For Services: General Government 37,710 21,946 32,266 ($5,444) 85.56% Public Safety 197,395 20,460 120,555 ($76,840) 61.07% Public Works 114,000 13,365 84,887 ($29,113) 74.46% Park & Rec 392,500 37,192 280,590 ($111,910) 71.49% Other Funds 981,500 164,772 754,601 ($226,899) 76.88% Fines & Forfeitures 250,000 20,762 135,997 ($114,003) 54.40% (2) Interest On Investments 200,000 0 0 ($200,000) 0.00% (3) Miscellaneous Revenue 216,675 13,447 199,845 ($16,830) 92.23% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $14,982,195 $6,211,641 $8,173,607 ($6,808,588) 54.56% Notes: (1) The first half taxes were received in July. (2) Fines and Forfeitures is through June. (3) Investments will be booked at year end. (4) State Training will not be received until August. (5) Includes Active Living Grant from Hennepin County. (1) This includes June YTD legal bill. (2) Dividend is received in December. Three quarterly payments have been made. (3) This expenditure was lowered due to the unallotment. Percentage Of Year Completed ! 58.33% (unaudited) Expenditures: Over % 2010 July YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $307,455 5,716 136,491 ($170,964) 44.39% City Manager 802,390 48,239 409,846 (392,544) 51.08% Admin. Services 1,571,070 295,773 881,207 (689,863) 56.09% Legal 115,000 11,827 62,224 (52,776) 54.11%(l) General Gov't. Bldgs. 599,500 23,582 236,646 (362,854) 39.47% Planning 333,550 23,057 153,133 (180,417) 45.91% Police 4,562,995 314,815 2,414,341 (2,148,654) 52.91% Fire and Inspections 1,539,820 107,908 770,875 (768,945) 50.06% Public Works Admin. 309,730 21,645 170,408 (139,322) 55.02% Engineering 651,640 37,229 230,477 (421,163) 35.37% Streets 1,371,495 81,669 595,872 (775,623) 43.45% Community Center 74,605 2,804 27,042 (47,563) 36.25% Park & Rec. Admin. 639,845 43,250 332,276 (307,569) 51.93% Park Maintenance 968,270 78,706 492,328 (475,942) 50.85% Recreation Programs 427,910 75,310 190,651 (237,259) 44.55% Risk Management 266,950 76,142 236,875 (30,075) 88.73% (2) Transfers Out 439,970 0 439,970 0 100.00% (3) TOTAL Expenditures $14,982,195 $1,247,672 $7,780,662 ($7,201,_5332 51.93% (1) This includes June YTD legal bill. (2) Dividend is received in December. Three quarterly payments have been made. (3) This expenditure was lowered due to the unallotment. Ca't 0a e a e Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. I. Call for Public Hearing to Vacate Easements at 500 Cloverleaf Drive Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary A developer has proposed to subdivide the existing oversized lot at 500 Cloverleaf Drive into two conforming parcels. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat (Cloverleaf Woods) is approved. Consistent with the subdivision ordinance, the proposed final plat includes new perimeter drainage and utility easements on each lot. These new easements are larger, and broader in application, than the existing easements. Staff has sent a letter to all private utility companies regarding this proposed easement vacation requesting their review and comment. It is anticipated there will be no objections to this easement vacation. Attachments Existing Easements, 500 Cloverleaf Drive (1 page) Resolution Establishing a Public Hearing on October 5, 2010 to Consider Vacation of a Sanitary Sewer Easement, Platted Utility and Ditch Easements at 500 Cloverleaf Drive (1 page) Recommended Action Motion to adopt Resolution Establishing a Public Hearing on October 5, 2010 to Consider Vacation of a Sanitary Sewer Easement, Platted Utility and Ditch Easements at 500 Cloverleaf Drive. s , 00 a 6 S � 2• `,racy Uj ry j � v % 5' Utility Easement Existing Easements, SOO Cloverleaf Drive Existing Easements to be Vacated Print Date: 8/27/10 Not to Scale Sources: -Hennepin County Surveyors Office for Property Lines (2010) -City of Golden Valley for all other layers. This Resolution 10-45 September 7, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING ON OCTOBER 5, 2010 TO CONSIDER VACATION OF A SANITARY SEWER EASEMENT, PLATTED UTILITY AND DITCH EASEMENTS AT 500 CLOVERLEAF DRIVE WHEREAS, a sanitary sewer easement, platted utility and ditch easement is no longer needed and the City desires to consider vacation of the sanitary sewer easement, platted utility and ditch easements legally described as follows: Lot 12, Block 1, CLOVER LEAF TERRACE, Hennepin County, Minnesota. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on October 5, 2010, at 7:00 pm to consider vacation of the easements. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. F F� od'',aIleMemorandum Public Safety Public Safety Department Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. J. Second Consideration - Ordinance #448 - Adding a New Section 5.19: Social Host Liability Prepared By Stacy Altonen, Chief of Police Summary This ordinance will make it a crime for anyone to provide a venue for underage drinking to take place. While current laws are in place to make it a crime to provide alcohol to a minor, there is no state law that addresses the issue of providing a place (home, business, or other building) where minors are present and consuming alcohol. Several cities near Golden Valley have adopted a social host ordinance, including Crystal, Minneapolis and Minnetonka. Under the proposed ordinance individuals will be prosecuted for hosting parties where minors are present and consuming alcohol, regardless of whether they provide the alcohol or not. The ordinance is specific in that the person prosecuted is the person who was present at the time the party took place. Conversely, a homeowner who had no knowledge and was not home at the time of the party cannot be held responsible or charged under the ordinance. A social host violation would be considered a misdemeanor, similar to underage consumption. Providing alcohol to a minor is a gross misdemeanor. The goal is to increase public awareness of the problem of underage drinking and social host ordinances have proven to help law enforcement and prosecutors combat teenage drinking. The City Council approved the ordinance on its first consideration on August 17, 2010. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachments Ordinance #448, Adding a New Section 5.19: Social Host Liability (3 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #448, Adding a New Section 5.19: Social Host Liability. ORDINANCE NO. 448, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a new Section 5.19: Social Host Liability The City Council of the City of Golden Valley ordains as follows: Section 1. City Code Section 5 is hereby amended by adding a new Section 5.19, entitled "Social Host Liability" as follows: Section 5.19: Social Host Liability Subdivision 1. Purpose and Findings The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council finds that: A. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of twenty-one (21) are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement. B. Prohibiting underage consumption protects underage persons, as well as the general public, from injuries related to alcohol-related traffic collisions. C. Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. D. Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances provide the alcohol. E. Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption. F. A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs. Subdivision 2. Definitions For purposes of this section, the following terms have the following meanings: A. Alcohol: means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. B. Alcoholic Beverage: means alcohol, spirits, liquor , wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one- half of one percent (0.5%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. C. Event or gathering: means any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. D. Host: means to aid, conduct, allow, entertain, organize, supervise, control or permit a gathering or event. E. Parent: means any person having legal custody of a juvenile: 1. As natural, adoptive parent, or step-parent; 2. As a legal guardian; or 3. As a person to whom legal custody has been given by order of the court. F. Person: means any individual, partnership, co -partnership, corporation, or any association of one (1) or more individuals. G. Residence or Premises: means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation. H. Underage Person: means an individual under twenty-one (21) years of age. Subdivision 3. Prohibited Acts A. It is unlawful for any person(s) to: (1) host or allow an event or gathering; (2) at any residence, premises, or on any other private or public property; (3) where alcohol or alcoholic beverages are present; (4) when the person knows or reasonably should know that an underage person will or does, consume any alcohol or alcoholic beverage, or possess any alcohol or alcoholic beverage with the intent to consume it; and (5) the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). B. A person is responsible for violating Subdivision 3(A) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. C. A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible. Subdivision 4. Exceptions A. This section does not apply to conduct solely between an underage person and his or her parents while present in the parent's household. B. This section does not apply to legally protected religious observances. C. This section does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. 340A.503 Subdivision 1(a)(1). D. This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. Subdivision 5. Enforcement Each incident in violation of subdivision 3 will constitute a separate offense. Section 2. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 5, Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 7th day of September, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk City - OG dPAT Memorandum Council 763-693-8006 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September, 2010 Agenda Item 3. K. Board/Commission Appointments Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following appointments: Planning Commission: Chuck Segelbaum 1 year term term expires - 5/1/11 Board of Zoning Appeals: George Maxwell 1 year term term expires - 5/1/11 Ca oe 'all e Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2006 Agenda Item 3. L. Resolution to Remove Yield Signs on Phoenix Street at Sumter Avenue North and to Establish a Two -Way Stop at the Intersection Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, EIT Summary During the summer of 2010, Public Works staff received a request from a resident in the vicinity of Phoenix Street and Sumter Avenue North (see attached location map) to remove the existing yield signs on Phoenix Street and install stop signs. This request was forwarded to the Neighborhood Traffic Safety Committee (NTSC) for its review and consideration. Mark Ray conducted an Intersection Control Review (ICR) and reported the findings to the NTSC. The ICR and supplemental discussion concludes that some of the sight lines at the intersection are restricted and that the crash history at the intersection is more than the typical local -local street intersection in Golden Valley. Based on the findings of the ICR and supplemental memo, the NTSC concludes that stop signs are warranted at the intersection. The existing yield signs on Phoenix Street should be removed and replaced with stop signs. City staff have already contacted the property owner in the northwest corner of the intersection to cut the shrubs that violate City sight corner regulations, but still recommend replacing the yield signs with stop signs. Attachments Location Map (1 page, loose in agenda packet) Resolution to Remove Yield Signs on Phoenix Street at Sumter Avenue North and to Establish a Two -Way Stop at the Intersection (1 page) Sumter Avenue North at Phoenix Street Intersection Control Review worksheet and supplemental memorandum (5 pages) Recommended Action Motion adopting Resolution to Remove Yield Signs on Phoenix Street at Sumter Avenue North and to Establish a Two -Way Stop at the Intersection. Resolution 10-46 September 7, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION TO REMOVE YIELD SIGNS ON PHOENIX STREET AT SUMTER AVENUE NORTH AND TO ESTABLISH A TWO-WAY STOP AT THE INTERSECTION WHEREAS, the City Council has the power and authority, pursuant to State Statutes Chapter 169.04, to modify traffic control and establish stop sign locations, and it appears that the existing two (2) yield signs on Phoenix Street at Sumter Avenue North should be removed and replaced with two (2) stop signs such that all traffic on Phoenix Street shall stop prior to crossing Sumter Avenue North. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that the existing two (2) yield signs on Phoenix Street at Sumter Avenue North be removed and two (2) stop signs be installed on Phoenix Street at Sumter Avenue North. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. "Golden Vallv�PIT Date: August 26, 2010 To: NTSC From: Mark Ray, EIT _. s. > rl ia* ..:m v` Public Works 763.593.8030 / 763.593.3988 (fax) Subject: Sumter Avenue N at Phoenix Street Intersection Control Review This memo provides some brief additional discussion regarding the evaluation of the existing traffic control at the intersection of Sumter Avenue North and Phoenix Street. Attached to this memo is a two-way stop analysis worksheet providing more technical information regarding the conditions at the intersection. The Yield signs currently at the intersection were installed in the summer of 2000 as part of the PMP program. Crash data for the intersection is available back to 1999. Between 1999 and the first half of 2000, there were three crashes at the intersection. From the second half of 2000 (after the signs are presumed to be installed) through June 2010, there have also been three crashes at the intersection. Based on this crash history, it would appear that the Yield signs may have had positive impact on reducing the number of crashes at the intersection. It should also be noted that the most recent two crashes did occur within 12 months of each other. Even though the frequency of crashes seems to have gone down after the Yield signs were installed, the number of crashes at that intersection in the last 10 years (4 crashes between summer 2000 and summer 2010) is still uncommon for local -local intersections in Golden Valley. Other intersections in Golden Valley that have similar or higher crash frequencies over the past 10 years include: • Florida Avenue at Knoll Street (in 2006 became All -way Stop, used to be Yield) • Decatur Avenue at 7th Avenue (T -intersection - 7th Avenue stops) • Winnetka Avenue at Wayzata Boulevard (All -way Stop) Higher profile intersections include: • Wisconsin Avenue at Golden Valley Road (All -way Stop) • Boone Avenue and Plymouth Avenue (T -intersection - Boone Avenue stops) The National Cooperative Highway Research Program (NCHRP) Report 320, Guidelines for Converting STOP to YIELD Control Intersections (published in October 1989) says that crash history should be the main argument for installing Stop signs over G:\Traffic Committee\Sign Requests\Sumter Ave and Phoenix St\8.25.10 Sumter at Phoenix Memo.doc Yield signs at an intersection. As previously mentioned, the intersection of Phoenix Street and Sumter Avenue has had more crashes than a typical local -local Golden Valley intersection even with the Yield signs in use. One last point is that when a car is approaching a Yield sign at 10 mph, a driver should be able to see 155 feet in either direction on the cross street when they are 45 feet from the Yield sign. At this intersection, these dimensions are not achievable. Based on the restricted sight lines, crash history and observed driver behavior, it is recommended that the intersection control be changed from yield control to stop control for eastbound and westbound Phoenix Street. In addition to local precedent, changing the existing Yield control to Stop control is supported by National research. Attachment: Two-way �%op Control Intersection Evaluation Worksheet CITY OF GOLDEN VALLEY — - TWO-WAY STOP CONTROL INTERSECTION EVALUATION WORKSHEET LOCATION: Sumter Avenue N at Phoenix Street A B C 7 REASON FOR EVALUATION' Resident concern about safety. Desire to change the existing signs to Stop signs or switch the existing Yield sign orientation. INTERSECTION INFORMATION (SEE EXHIBIT 1) CRASH INFORMATION NUMBER OF CRASHES STREET 1 STREET 2 INTERSECTING STREETS Sumter Avenue North Phoenix Street ADT (COUNTED/ SSUMED) < 400 < 400 APPROACH DIRECTION NB SB EB WB EXISTING CONTROL None None Yield Yield SPEED LIMIT (MPH) 30 30 30 30 APPROACH GRADE <3% <3% <3% <3% ADJACENT LAND USE Residential Residential Residential Residential ON -STREET PARKING Yes Yes Yes Yes CRASH INFORMATION NUMBER OF CRASHES 1 1 Year 2 3 Years 2 5 Years 4 10 Years CORRECTABLE CRASHES 1 1 Year 2 1 3 Years 2 5 Years 4 10 Years MINNESOTA MANUAL ON TRAFFIC CONTROL DEVICES (MMUTCD) GUIDELINES SECTION D SHOULD HAVE AT LEAST ONE "YES" FOR FURTHER STOP SIGN CONSIDERATION RIGHT OF WAY ASSIGNMENT UNCLEAR ON MINOR APPROACH YESNO (MMUTCD 2B.5a) ENTERING A THROUGH STREET YES CNO D (MMUTCD 213.5b) (MMUTCD 213.5c) (MMUTCD 213.5d) (MMUTCD 26.5d) (MMUTCD 2213.5d)d) UNSIGNALIZED INTERSECTION IN SIGNALIZED AREA YES NO HIGH SPEEDS ON THROUGH STREET YES NO RESTRICTED VIEW 2 YES NO NO CORRECTABLE CRASHES (2 OR MORE PER YEAR AND 4 OR MORE IN 3 YEARS) 3 YES O NOTES 1. STOP SIGNS SHOULD NOT BE USED FOR SPEED CONTROL (MMUTCD 213.5) STOP SIGNS SHOULD MINIMIZE THE NUMBER OF VEHICLES THAT HAVE TO STOP (MMUTCD 213.5) RESEARCH SUGGESTS INCREASING LEVEL OF CONTROL DOES NOT IMPROVE SAFETY (MMUTCD 213.5) 2, SEE ATTACHED SIGHT DISTANCE CRITERIA 3. CRASH FREQUENCY CRITERIA ESTABLISHED FOR GOLDEN VALLEY 8/26/2010 G:\Traffic Committee\Sign Requests\Sumter Ave and Phoenix St\Sumter at Phoenix TWS INTERSECTION WORKSHEET CITY OF GOLDEN VALLEY - - TWO-WAY STOP CONTROL INTERSECTION EVALUATION WORKSHEET FURTHER CONSIDERATIONS DESCRIPTION COMMENTS TRAFFIC CONTROL AT SURROUNDING INTERSECTIONS Yield and no control are used in the area. PEDESTRIAN ACTIVITY Minimal. CRASHES CORRECTABLE BY STOP SIGNS Possibly. RESTRICTED VIEW CORRECTABLE BY OTHER MEANS Some vegitation along north side of Phoenix. PEDESTRIAN SCHOOL ROUTE/CROSSING N/A CRITICAL APPROACH SPEED BASED ON SIGHT DISTANCE <30mph RECOMMENDATION 8/26/2010 G:\Traffic Committee\Sign Requests\Sumter Ave and Phoenix St\Sumter at Phoenix TWS INTERSECTION WORKSHEET Sight lines at the intersection are not uncommon with those present at other local street intersections in Golden Valley. The one exception are the bushes in the northwest quadrant of the intersection. These bushes do have a significant impact on sight lines. While conducting the field review of the intersection, two vehicles were seen traveling westbound on TRAFFIC ENGINEER Phoenix and had complete disregard for the Yield sign. The drivers were not observed turning their COMMENTS head to check for traffic. This observation is consistent with the comments recieved by the resident about driver behavior concerns at the intersection. The Yield signs were installed in 2000 as part of the PMP project. In the year and a half of available crash data prior to the Yield sign installation there were three crashes. In the ten years of crash data since the installation there have also been three crashes. The most recent two crashes that occured at the intersection did occur within a 12 month time frame. NEIGHBORHOOD Based on the crash history, observed driver behavior, and similar yield control condition at Florida TRAFFIC SAFETY Avenue and Knoll Street being changed to a stop condition, enhancing the intersection control from the COMMITTEE existing Yield condition to a two-way stop condition could have a positive safety impact on the COMMENTS intersection. Because sight distances are adequate once vehicles are stopped a All -way stop configuration was not considered at this time. TWO WAY STOP CONTROL IS RECOMMENDED YES NO INTERSECTION ADDED TO WATCH LIST NO COMMENTS 8/26/2010 G:\Traffic Committee\Sign Requests\Sumter Ave and Phoenix St\Sumter at Phoenix TWS INTERSECTION WORKSHEET CITY OF GOLDEN VALLEY TWO-WAY STOP CONTROL REFERENCE INFORMATION MINNESOTA DOT ROAD DESIGN GUIDE SIGHT DISTANCE GUIDELINES SIGHTDISTANCE DES <3% DESIGN SPEED (MPH) DESIGN STOPPING SIGHT DISTANCE (FT) DISTANCE TRAVELED IN 3 SECONDS (FT) 30 200 132 35 250 154 40 305 176 205 360 198 MNDOT ROAD DESIGN GUIDE TABLE 2-5.08A PG. 2-5(13) SIGHT DISTANCE (GRADES MNDOT ROAD DESIGN GUIDE TABLE 5-2.02A PG. 5-2(2) DESIGN SPEED (MPH) STOPPING SIGHT DISTANCE DISTANCE TRAVELED IN 3 SECONDS (FT) Downgrades Upgrades 3% 6% 9% 3% 6% 9% 30 205 215 227 200 184 179 132 35 257 271 287 237 229 222 154 40 315 333 354 289 278 269 176 45 378 400 427 344 j 331 320 198 MNDOT ROAD DESIGN GUIDE TABLE 2-5.088 PG. 2-5(13) MNDOT ROAD DESIGN GUIDE TABLE 5-2.02A PG. 5-2(2) CORRECTABLE CRASH TYPES FOR A TWO-WAY STOP CONTROL RIGHT ANGLE Source: LEFT TURN MMUTCD 213-7(b) RIGHT TURN PEDESTRIAN 8/26/2010 G:\Traffic Committee\Sign Requests\Sumter Ave and Phoenix St\Sumter at Phoenix TWS INTERSECTION WORKSHEET holden gallv�PIT Memorandum City Administration/Council 763-593-8003 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. M. Authorization to Sign Legal Services Agreement with Best & Flanagan Prepared By Thomas D. Burt, City Manager Summary Attached is the legal services agreement for the services of City Attorney with Best & Flanagan. The term of this agreement is for a period of 5 years from January 1, 2011 through December 31, 2015; however, the City may terminate it at the end of 3 years with a 60 day notice. In addition, either party has the right to terminate the agreement, at any time, with a 120 day written notice. Attachment Legal Services Agreement between the City of Golden Valley and Best & Flanagan, LLP (6 pages) Recommended Action Motion to authorize the City Manager to sign the legal services agreement with Best & Flanagan, LLP for City Attorney services from January 1, 2011 through December 31, 2015. LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND BEST & FLANAGAN, LLP THIS LEGAL SERVICES AGREEMENT (the "Agreement") is entered into this day of September, 2010 by the City of Golden Valley (the "City") and the Best & Flanagan LLP (the "Firm"). WHEREAS the City seeks legal advice and services related to municipal matters; and WHEREAS after careful review and consideration the City Council has chosen to reappoint the firm of Best & Flanagan LLP to provide this service. NOW, THEREFORE, the parties mutually agree as follows: I. TIME OF PERFORMANCE This Agreement shall be in effect for a period of five years from January 1, 2011 through December 31, 2015; however, the City may terminate it at the end of three years upon giving the Firm 60 days written notice. II. SCOPE OF SERVICE The Firm will perform and provide legal services for the City including, but not limited to, the following matters: 1. Attendance at all City Council meetings and other City boards, commissions, or committee meetings, as requested by the City Council or City Manager. 2. Draft ordinances, resolutions, developer agreements, and correspondence as requested, including assistance in the maintenance of the master City Code book. 3. Review Council and Planning Commission agenda items and minutes as requested. 4. Participate in meetings and/or telephone conversations with and advice the Mayor, Council members, City Manager, and other staff on general legal matters. 5. Prepare and review municipal contracts, including contracts for public improvements, development agreements, joint powers agreements, construction, purchase of equipment, and similar contracts. 6. Represent the City in the acquisition of properties for public improvements, special assessment appeals, easements, parks and the like. 7. Represent the City in condemnation proceedings for public improvement projects, etc. 8. Represent City in matters related to the enforcement of City building, subdivision, and zoning codes. 9. As directed, represent the City in employment related issues, administrative hearings, and in litigation involving the same. 10. Research and submit legal opinions on municipal or other legal matters requested by the City Manager and be available to answer staff questions by telephone. 11. Participate in meetings or discussions with the City Manager and staff, as needed, to review Council agenda items or the status or legal matters before the City. Provide a written status report on current litigation and unresolved matters as requested. 12. Provide legal briefings, as requested, to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. 13. Provide, as requested, written updates and/or training on new State or Federal legislation or judicial holding impacting upon the City, and suggest action or changes in operations or procedures to assure compliance. 14. Defend the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, or where the City chooses to hire specialized or other legal services. This includes, but is not limited to: (1) human rights claims, (2) condemnation, (3) zoning and land use regulation matters, (4) permits and administrative actions, and (5) labor and employment matters. 15. Work cooperatively with insurance companies on litigation cases, as needed. 16. Review bonds, deeds, securities, and insurance requirements required by or for City contracts or activities. 17. Review documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide options as requested/required. III. COMPENSATION AND EXPENSE REIMBURSEMENT The Firm will be compensated under this Agreement at an hourly rate of $155.00 for partners, $115.00 for associates and $90.00 for paralegals from January 1, 2011 through December 31, 2011 for all work except developer "pass-through" work. Pass-through work shall be billed at the Firm's established low rates for attorneys and paralegals. In each of the following calendar years of this Agreement the hourly rates for partners, associates and paralegals will be increased an additional $5.00 for each such calendar year. Attendance at City Council meetings shall be provided at the hourly rates to a maximum of 2.75 hours per meeting. Compensation and reimbursable expenses shall be paid monthly upon submission of itemized invoices to the City Manager. The City agrees to pay for reimbursable expenses only if they are reasonably and necessarily incurred. Any expenses that are anticipated to be of a substantial cost and any reimbursement for travel outside of the Minneapolis -St. Paul metropolitan area must be approved in advance by the City Manager. The Firm shall monitor all expenditures incurred and shall promptly notify the City Manager in writing of any unanticipated level of work activity that greatly exceeds the average monthly work level. IV. CONFLICT OF INTEREST During the term of this Agreement, the Firm agrees to divulge to the City all actual or potential conflicts of interest within the meaning of the City's Code of Ordinances and Minnesota Rules of Professional Conduct. During the term of this Agreement, without the express written agreement of the City Manager, the Firm shall not represent any current or future clients in any matter if such representation is or may be adverse to the city. The Firm will immediately divulge to the City Manager any actual or potential conflict of interest of which it becomes aware during the term of this Agreement. The Firm certifies that to the best of its knowledge no City employee has any interest in the business of the Firm or with this Agreement and no person associated with the Firm has any interest that would conflict in any manner with the Firm's performance of this Agreement. V. COMPLIANCE REQUIREMENTS & NON-DISCRIMINATION During the term of this Agreement, the Firm will not discriminate against any of its employees or applicants for employment because of race, color, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status, status with regard to public assistance, or status as a veteran. Such prohibition against discrimination shall include, but is not limited to, decisions and actions of the Firm regarding hiring, promotion, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, or selection for training. During the term of this Agreement, the Firm agrees to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the City, setting forth the above -stated non-discrimination clause. In addition, in all solicitations or advertisements for applicants, the Firm will state that all qualified applicants will receive consideration without regard to race, color, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status, status with regard to public assistance, or status as a veteran. During the term of this Agreement, the Firm agrees to comply in all other aspects with the requirements of the Americans with Disabilities Act, the Minnesota Human Rights Act, Title VII, and Golden Valley Code of Ordinances, Section 2.53. In the event of questions from the Firm concerning these requirements, the City agrees to promptly supply all necessary clarifications. In the event of the Firm's non-compliance with the non-discrimination clauses of this Agreement, the Agreement may be partially or totally terminated or suspended. In addition to other remedies provided by law, the Firm may be declared ineligible by the Golden Valley City Council from any further participation in City contracts. VI. INSURANCE The Firm shall secure and maintain sufficient insurance to the Firm against claims for legal malpractice. VII. PERFORMANCE MONITORING The City Manager will monitor the performance of the Firm against goals and performance standards required herein. The City Manager will prepare a yearly report for the City Council regarding the performance of the Firm. Substandard performance as determined by the City Council will constitute non-compliance and shall require corrective action. If action to correct such substandard performance is not taken by the Firm within a reasonable period of time after being notified by the City Council, the City may terminate this Agreement. VIII. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The Firm agrees that it is an independent contractor with respect to the services to be performed under this Agreement. Because the Firm is an independent contractor, the City shall be exempt from payment of all Reemployment Compensation, FICA, retirement, life, and/or medical insurance, Workers' Compensation insurance, or other benefits normally offered to employees of the City. The Firm agrees that none of its employees will accrue any employment rights normally accrued by City employees, including tenure, seniority, or civil service protection. IX. HOLD HARMLESS The Firm agrees to defend, indemnify, and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Firm, its agents, employees or subcontractors, in the performance of the services described in this Agreement. X. TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party of such termination. Such notice shall specify the effective date of the termination. In no event shall the effective date be less than 120 days from the date of the written notice. The parties agree that termination by the Firm also is subject to the Firm's obligations to the City as a client under the Minnesota Rules of Professional Conduct. If this Agreement is terminated, all documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Firm under this Agreement shall become the property of the City. The Firm shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the effective date of the termination. XI. CONFIDENTIALITY Any information, data, reports, records, or other materials given to or prepared or assembled by the Firm under this Agreement shall be kept confidential and the Firm shall not make any of this material available to any individual or organization without prior approval of the City. XII. AUDIT DISCLOSURE The Firm shall allow the City or its duly authorized agents reasonable access to the Firm's books and records as are pertinent to all services provided under this Agreement. The Firm shall provide the City access to any books, documents, papers and records which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions for three years after final payment and all other pending matters related to this Agreement are closed. XIII. AMENDMENTS The City may enter into written amendments to this Agreement when the City Manager or Council determines such amendments are necessary to meet the City's legal services needs. THE PARTIES NOW EXECUTE this Legal Services Agreement as of the date first written above. CITY OF GOLDEN VALLEY Thomas D. Burt, City Manager BEST & FLANAGAN LLP la Allen D. Barnard ter,. o 11ey Memorandum City Administration/Council 763-593-8014 / 763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 3. N. Authorization to Sign 2010 Minnesota Department of Transportation Community Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting Prepared By Jeanne Andre, Assistant City Manager Summary MnDOT has approved the City's participation in the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program for planting on the north side of Highway 55 from Boone Avenue to Highway 169. The attached resolution authorizes the City to enter into the agreement that provides for MnDOT reimbursement for the cost of the landscape materials. The Lilac Project event is scheduled for October 2. Attachment Resolution Authorizing Execution of Agreement with the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program - Highway 55 Lilac Planting (1 page) Recommended Action Motion to adopt Resolution Authorizing Execution of Agreement with the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program - Highway 55 Lilac Planting. Resolution 1047 September 7, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM - HIGHWAY 55 LILAC PLANTING WHEREAS, Bridge Builder Dwight Townes, in cooperation with the Golden Valley Connection Project and the Minnesota Department of Transportation (MnDOT) Landscape Partnership Program, has initiated a project to landscape the Trunk Highway 55 right-of- way from Wirth Parkway to Trunk Highway 169 in Golden Valley; and WHEREAS, the third phase of this project proposes to invite volunteers to landscape the north side of TH 55 right-of-way from Boone Avenue to TH 169 under the MnDOT Community Roadside Landscaping Partnership Program application period ending July 31, 2010; and WHEREAS, the MnDOT has awarded funding for this project; NOW THEREFORE BE IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No. 97437 with the State of Minnesota, Department of Transportation to provide for payment by the State of its share of the costs for landscape materials to be acquired and placed adjacent to Trunk Highway No. 55 from Boone Avenue to Highway 169 within the corporate City limits under State Project No.2723-969D. BE IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. O Golden galley Memorandum Planning 763-593-8095 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 1160 Days" Deadline: September 26, 2010 Agenda Item 4. A. Public Hearing - Ordinance No. 449 - Approval of Conditional Use Permit 129 — 2530 Winnetka Avenue North - Semper Development, Applicant Prepared By Joe Hogeboom, City Planner Summary At the August 9, 2010 meeting of the Planning Commission, the Commission unanimously recommended approval of Conditional Use Permit #129. The requested permit would allow for the operation of drive-through window at the proposed Walgreens store at 2530 Winnetka Avenue North. Semper Development, representing Walgreens, plans to demolish the existing building on the site and construct a new store. The store, itself, is a permitted use in the Commercial Zoning District. However, all drive-through facilities within the City require Conditional Use Permits prior to operation. Coinciding with the request for a Conditional Use Permit, the applicant is also requesting to consolidate the three existing lots of record on the property into one lot of record (this is required by the City). Additionally, the applicant has received a variance for nine fewer parking spaces than required by City Code. (The variance was obtained prior to the Krummenacher v. the City of Minnetonka Supreme Court ruling.) City staff and the Planning Commission feel that the proposed use is in compliance with the ten factors in the City Code that determine the eligibility of a conditional use. Included in the Planning Commission's recommendation are six conditions that work to ensure minimal impact on traffic, drainage, and the surrounding properties. The Planning Department feels that the proposed use is compatible with the long-term Commercial land use designation of the property subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a part of this approval. 3. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval. 4. All signage shall meet the requirements of Section 4.20 of City Code. 5. All future improvements to the building shall meet the City's Building Code requirements. 6. All other applicable local, state, and federal requirements shall be met at all times. 7. Failure to comply with any of the terms of this permit shall be grounds for revocation. 8. Adequate signage regarding the location of the drive-through shall be installed near the southern most driveway. 9. The walkway between the public sidewalk along Winnetka Avenue and the store shall be extended and widened to provide for better pedestrian access. Attachments Location Map (1 page) Planning Commission Minutes dated August 9, 2010 (4 pages) Memo to Planning Commission, dated August 4, 2010 (2 pages) Applicant's Narrative (1 page) Memo from City Engineer Jeff Oliver, dated June 21, 2010 (4 pages) Memo from Deputy Fire Marshal Ed Anderson, dated June 7, 2010 (2 page) Ordinance #449, Approval of Conditional Use Permit Number 129, 2530 Winnetka Avenue North, Semper Development, Applicant (2 pages) Site Plan (2 oversized pages, loose in agenda packet) Recommended Action Motion to adopt Ordinance #449, Approval of Conditional Use Permit Number 129, 2530 Winnetka Avenue North, Semper Development, Applicant. Regular Meeting of the Golden Valley Planning Commission August 9, 2010 A regular meeting of the Planning Coission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valle Road, Golden Valley, Minnesota, on Monday, must 9, 2010. Vice Chair Wald haus called the meeting to order at 7 pm. Those prese ere Planning Commis, and Wald hauser.-NeQ present was Cit Assistant Lisa Wittman. air Keysser 1. Approval of Minutes July 26, 2010 Regular Planni oners Cera, Eck, Kluchka, McCarty, Schmidgall Planner Joe Hogeboom and `kiistrative ias absent Eck referred to the fifth para on pa� be "prejudiced". i McCarty referred he eighth paragraph added after t ord "neighborhood" in tt ny Eck, seconded by Cera a , 2010 minutes with the above 3 ission Meeting tt ce" should 2. Informal Public Hearing Conditional Use Permit — 2530 Winnetka Ave N — CU -129 Applicant: Semper Development, Ltd. Address: 2530 Winnetka Ave. N. o allow the proposed Walgreens store to have a drive-through vi,nd tw in the Commercial Zoning District. Hogeboom",stated. that Semper Development, representing Walgreens, is requesting a Conditional Use Permit to allow the proposed new Walgreens (to be located at 2530 Winnetka Avenue North) to have a drive-through pharmacy window. He noted that all drive- through window proposals in Golden Valley require a Conditional Use Permit. Hogeboom stated that the applicant has also been to the Board of Zoning Appeals twice. The original request was for a variance from front yard setback requirements to allow the proposed building to be located closer to Winnetka Avenue than allowed. He stated that the Board wasn't comfortable allowing the building to be located closer to the street so they tabled the applicant's request and asked the applicant to come back with a plan that would meet the front yard setback requirements. Per the Board's recommendation, the applicant came back to the Board of Zoning appeals with a new plan that met the front yard setback requirements but required a variance from the required number of parking stalls. A variance for the reduction in the required number of parking stalls was granted. Minutes of the Golden Valley Planning Commission August 9, 2010 Page 2 Hogeboom stated that Hennepin County has reviewed this proposal and they don't feel that this proposed Walgreens store will impact traffic enough to warrant any improvements, however the County will be taking some additional right-of-way from the Walgreens site in order to elongate Winnetka Avenue's left turn lane onto westbound Medicine Lake Road. He added that Walgreens' original plans showed a driveway along the south side of their property and the neighboring property that would access Rhode Island Avenue. He explained that it was ultimately decided that regular traffic patterns on the site and emergency vehicle access would work without that driveway access so it has been removed from the plans. This driveway access would have crossed the south 20 feet of the VFW property. Eck referred to the City Engineer's staff report and asked if it can be assufn ed that' -the references to the access road to Rhode Island Avenue are noa©nger valid Hogeboom reiterated that that the access driveway to Rhode Island Avenue^has lbeen removed from the proposal so any references in the City Engineer's report regarding the access to Rhode Island Avenue can be ignored. Cera referred to the site plan and noted that the rtartherh _most driveway shows a right turn only arrow painted on the ground and it also shows the installation' of a sign that says no right turn. He questioned if the sign should really say no left;turn. Hogeboom agreed that the sign should say no left turn. Cera questioned if there is any contamination on the site given that there are automotive uses currently located on the property.Hogeboom suggested that the applicant respond to the environmental issues. Waldhauser noted that she hasn'.t seen any comments regarding lighting on the site. Hogeboom stated that this proposal will be subject to the City's lighting regulations. John Kohler, Semper, Development, referred to the site plan and noted that the drive- through window will be� looted on the east side of the building. Kluchka asked if there will be adequate signage from the street showing where the drive- through is lor,pfed. Mohler explained the traffic patterns on the site and said Walgreens would be willing to put a directional sign on Winnetka Avenue near the southern most dnveway. Cera asked Koller about the environmental issues on this site. Kohler said he is not aware of any conterrfination issues and added that an environmental study will be done as a part of the purchase of this property. Waldhauser asked if the existence of a drive-through reduces the parking needs. Kohler said yes and stated that approximately 10% of their business goes through the drive- through. Minutes of the Golden Valley Planning Commission August 9, 2010 Page 3 Kluchka asked who will own the property. Kohler said Semper Development will own the property and Walgreens will have a long-term lease and Walgreens will do all of the maintenance and management of the property. Kluchka referred to an ex -Walgreens store in Rogers which is now a liquor store and asked the applicant about their building re -use policies. Kohler explained that the building in Rogers was never a Walgreens store and that the City of Rogers copied the look of a Walgreens design. He said the re -use of buildings depends on what type of use is going in to the building. Kluchka asked about Semper's approach to increasing pedestrian visibility as well as bicycle visibility and access. Kohler noted that the building is as close to the street as possible in order to provide better pedestrian access and added that it is Walgreens policy to provide bike racks as shown on the site plan. Schmidgall asked what the store will look like. Kohler referred to. a preliminary sketch of the proposed building and said the building would be brick on ailsides. Schmidgall noted that Walgreens stores seem taller than they need to be fttihler stated that a lot of the height is used to screen and block the noise from the rooftop equipment. Schmidgall asked about the Walgreens said there are currently no plans to do E stores typically serve an area of approx Eck asked if the businesses presently Ii he doesn't know the details .about the b Waldhauser opened the public hearing. ring,Gate shopping center. Kohler location. He added that Walgreens its site are going to re -locate. Kohler said relocating. Bill Norberg, VFW Cortimander, 2525 Nevada Avenue North, stated that in the original proposal there was a``drive ay out to Rhode Island Avenue located on the VFW property. He said it was VFW's intent to fight that driveway because there is a garage located in the proposeddriveway easement area. He said without that driveway as part of the proposal, the VFW, has no objections to this project. Carl Hoffstedt, 2454 Valders Avenue North, said he thinks a new building will be an impirovement and he doesn't have any issues with the proposed drive-through, but he is concerned about fighting being aimed at the residential area. He questioned why Walgreensselected this location when the existing businesses seem viable and added that the small restaurant to the south seems to be a more logical location. He said he assumes that there has been coordination between City staff and Hennepin County regarding traffic issues. Victoria Hopponen, 2400 Valders Avenue North, said she can see the lights from the car wash and she is concerned about having more lights shining on the residential area. She also questioned why Walgreens selected this location and why they are taking away businesses that have been there for years when they could go across the street to the Minutes of the Golden Valley Planning Commission August 9, 2010 Page 4 Midland Shopping Center instead. She asked if Walgreens knows they are building on a swamp and asked if they are going to use pilings during the construction which will create a lot of noise. Grimes explained that the City's lighting ordinance is a lot stricter than it used to be so he doesn't feel the lighting will be an issue. In fact, he thinks there will be a substantial improvement. Schmidgall said his understanding of the lighting ordinance is that there can be no glare from lights at -the property line. Grimes agreed and added that the City has little control over the street lighting in the area because it is a county road. Waldhauser said she would like the developer to be aware of the neighbor's concerns about I' ' ting Seeing and hearing no one else wishing to comment, Wa hearing. Kluchka asked Kohler to address Walgreens property c. Walgreens looked at several properties in the area anc tending to move out of shopping centers so that is why work. Waldhauser said Walgreens decision to buy this sell the property were their business decisions and not business. Waldhauser said the staff summary an Permit request make sense. There isn' and visually it will be an improvement. trees and not just shrubs. Kluchka recommended the drive-through and tl widened to create a pla MOVED by Eck, approval of the ( have a drive-thrc following conditii e pu ess. Kohler said Nalgre6ns stores are Shopping Center won't the owner's decision to inning Commission's r considering a Conditional Use nearby, there is very little impact the landscape plan includes quate signage installed regarding the location of ;ading to the public sidewalk be extended and by Cera and motion carried unanimously to recommend lyse Permit request to allow the proposed Walgreens store to iacy window in the Commercial Zoning District subject to the 1. The site plan shall become a part of this approval. 2. The conditior% found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a Fart of this approval. 3. The -conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval. 4. All signage shall meet the requirements of Section 4.20 of City Code. 5. All future improvements to the building shall meet the City's Building Code requirements. 6. All other applicable local, state and federal requirements shall be met at all times. 7. Failure to comply with any of the terms of this permit shall be grounds for revocation. 8. Adequate signage regarding the location of the drive-through shall be installed near the southern most driveway. 9. The walkway between the public sidewalk along Winnetka Avenue and the store shall be extended and widened to provide for better pedestrian access. (� I `` . t`t ( t f t`�` Planning 763-593-8095 / 763-593-8109 (fax) Date: August 4, 2010 To:- Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing on Conditional Use Permit (CUP -129) to Allow for the Operation of a Drive-Thru Window at 2530 Winnetka Avenue North — John Kohler (Semper Development Ltd./Walgreens) Applicant Background and Proposed Use Walgreens, Inc. is proposing to construct a new store at 2530 Winnetka Avenue North. John Kohler of Semper Development Ltd., which represents Walgreens, is requesting a Conditional Use Permit (CUP) to allow a drive-thru window to operate at the store. City staff has been working with Walgreens developers for the past year concerning this project. A variance was recently obtained which allowed Walgreens to have nine fewer parking spaces than are required by City Code. Walgreens must now obtain a CUP as well as consolidate the three lots of record currently on the site into one lot of record. Upon approval, the Midas building would be demolished and Walgreens would be constructed in its place. All other buildings in the area would remain in place, as they are not affiliated with this project. Due to the re -platting that must occur simultaneously to this process, Hennepin County is requiring that additional land be dedicated to the right-of-way of Winnetka Avenue. The County has stated that it may elongate Winnetka Avenue's left turn lane onto westbound Medicine Lake Road sometime in the future, and it needs additional right-of-way from this site to do so. (The Golden Valley Public Cemetery is located across the street, and no right- of-way may ever be taken from that site.) The County has indicated that it does not intend to construct a northbound right turn lane onto Medicine Lake Road. As a commercial business, Walgreens would be allowed to operate at this site without a Conditional Use Permit. The request for a drive-thru facility requires that a CUP be obtained. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. With the recent closure of Snyder's Pharmacy, northwestern Golden Valley is lacking pharmaceutical and convenience shopping options. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides this site as long-term commercial use. Walgreens is compatible with that designation. 3. Effect on Property Values in the Area: The property has operated as an auto-related business for many years. A retail business would have similar impacts to surrounding properties. 4. Effect of Use on Traffic in the Area: Walgreens could slightly increase traffic in the immediate area. However, Hennepin County has determined that traffic along Winnetka Avenue and along Medicine Lake Road (both county facilities) will not be negatively impacted by the store. 5. Effect of Increases in Density or Population on the Area: The proposed use will have no effect on population. 6. Increase in Noise Created by Use: The proposed use will have only minimal impact on noise during normal business hours. 7. Any Dust, Odor or Vibration caused by Use: The proposed use will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed use will not attract animal pests of any kind. 9. Visual Appearance of the Use: The proposed Walgreens store will be subject to landscaping requirements established by the City's Environmental Coordinator. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 129 allowing Walgreens to operate a drive-thru facility. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan shall become a part of this approval 2. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a part of this approval. 3. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval 4. All signage shall meet the requirements of Section 4.20 of City Code. 5. All future improvements to the building shall meet the City's Building Code requirements. 6. All other applicable local, state and federal requirements shall be met at all times. Failure to comply with any of the terms of this permit shall be grounds for revocation Attachments Location Map (1 page) Applicant's Narrative (1 page) Memo from City Engineer Jeff Oliver, dated June 21, 2010 (4 pages) Memo from Deputy Fire Marshal Ed Anderson, dated June 7, 2010 (2 pages) Site Plans (1 oversized page) CONDITIONAL USE PERMIT APPLICATION FOR 2530 WINNETKA NARRATIVE: We are proposing to redevelop the property located at 2530 Winnetka. It is currently an auto repair facility and we are proposing to redevelop the site into a Walgreens Pharmacy. We are requesting a conditional use permit for the Drive-Thru Pharmacy pick-up window. The drive-thru serves only prescription items from the pharmacy portion of the store. The customers that use it the most are parents with sick children, the elderly during inclement weather periods, and individuals with suppressed immune systems that are directed to stay out of areas where the risk of being exposed to a virus is higher. The proposed drive-thru is located on the east side of the building away from Winnetka as well as away from any of the pedestrian areas on the site. It will have its own dedicated drive lane for separation from other vehicle traffic on the site. It has been designed to allow for easy access and exiting to and from any of the site access points. The location of the drive-thru, the separated drive lane and the ease of access all combine to create a safe and functional drive-thru with complete screening from Winnetka and Medicine Lake Roads. city GO1&n:�VallPIT., Date: June 21, 2010 Memorandum Public Works 763.593.8030 / 763.593.3988 (fax) To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Review of Conditional Use Permit of Walgreens Public Works staff has reviewed the plans submitted for the proposed Conditional Use Permit (CUP) for Walgreens to construct a building near the intersection of Winnetka Avenue and Medicine Lake Road. This site is currently an automotive repair shop located just south of the southeast corner of Winnetka Avenue and Medicine Lake Road. Site Plan The proposed development will require replatting of the subject property. As such, the plat must include easement dedication consistent with the Subdivision Ordinance. The easements shown on the Preliminary Plat are consistent with code requirements. Because the property being redeveloped is adjacent to Winnetka Avenue, which is under the jurisdiction of Hennepin County (County State Aid Highway 156), the plans will be subject to the review and comments of the Hennepin County Transportation Department. Based upon a County review, the developer will be required to dedicate additional right-of-way for Winnetka Avenue as shown on the preliminary plat and site plans. The right-of-way dedication varies from 2 feet to 9 feet to provide a consistent right-of-way width of 42 feet on the east side of Winnetka Avenue. In addition, the developer will be required to dedicate a 10 -foot wide walkway easement to the City along the Winnetka Avenue frontage of the plat. The easement will allow the City space for relocation of its sidewalk in the future. Because a walkway easement cannot be dedicated on the final plat, it must be dedicated under a separate document to be prepared by the City. This easement must be signed and be ready for recording prior to City Council consideration of the final plat. The proposed Walgreens building will relocate the two existing driveways from Winnetka Avenue on to the site. The north driveway will provide right in/right out access, while the southern driveway will provide full access. There will also be access to this GADevelopments - Private\Walgreens\CUP Review 062110.doc development via the 30 -foot ingress/egress easement on the southeast corner of the property. This easement runs in favor of this property and crosses the adjacent VFW property to allow access to Rhode Island Avenue. The developer has worked with the adjacent landowner to construct additional site access to Rhode Island Avenue. The Hennepin County review of the site indicated that the Winnetka Avenue access points to the site are acceptable as proposed and that no development driven improvements are needed on Winnetka Avenue. The developer must construct the new driveway aprons in accordance with City standards. In addition, pedestrian access ramps, also constructed consistent with City standards, must be constructed for the sidewalk crossings of each driveway. All of the City's standard details are available from the Public Works Department. The developer will be required to obtain permits from Hennepin County for all work within the right-of-way for Winnetka Avenue. In addition, the redevelopment is also subject to the City of Golden Valley Right -of -Way Management Ordinance, which requires permits for work within the Rhode Island Avenue and Winnetka Avenue right- of-ways. Utilities There is adequate capacity in the City's sanitary sewer and water distribution systems that currently provide service to the site to accommodate the proposed land uses. There are three existing sanitary sewer service stubs extended into the subject property. The proposed Utility Plan indicates that the new building on site will be served from the southern sanitary sewer service. An additional sewer cleanout must be included on the plan at the point of transition between the existing sewer service stub and the new PVC service line to be constructed on site. This property is subject to the City's Inflow and Infiltration Ordinance. In order to become compliant with the code, the developer must have the existing service that will be utilized upgraded with a structural liner and abandon the two remaining services. The service abandonment may be achieved by installing structural "short liners" in the City's sewer main within Winnetka Avenue. Therefore, in order to fulfill their obligation to abandon the two extra sewer services to the site, the developer will be required to post an escrow for the short liners, which will be installed by a City contractor. Based upon recent City projects, the escrow amount is estimated to be $2,000 per short liner, for a total escrow amount of $4,000. This escrow must be posted prior to City Council consideration of the final plat. The existing water service to this site is a 6 -inch diameter line from the watermain located within the Winnetka Avenue. The proposed utility plan indicates installation of a new 6 -inch diameter water service from the existing stub to the northwest corner of the proposed building. GADevelopments - Private\Walgreens\CUP Review 062110.doc The developer will be required to obtain the appropriate sewer and water permits for installation of the sanitary sewer and water services to the new building. Stormwater Management The property being redeveloped is located within the Bassett Creek watershed, and is therefore subject to the Bassett Creek Watershed Management Commission's (BCWMC) Requirements for Improvements and Development Proposals. Based upon the size of the parcel, this project is classified as a commercial redevelopment by the BCWMC, and because there is a decrease in impervious surfaces, the project is not subject to meeting Level 1 water quality requirements outlined in the policy. However, the developer is proposing the installation of two "environmental manholes" on site to provide nutrient and sediment treatment to stormwater runoff from the site prior to its discharge off the site. This redevelopment is also subject to the City's Stormwater Management Ordinance. In order to obtain the permit required under this ordinance, the developer must modify the grading plan to meet City standards and resubmit the plan for further review. Following construction, the developer will need to submit construction record plans for the City to retain for its records. Summary and Recommendation Public Works staff recommends approval of this proposed Conditional Use Permit subject to the comments contained, which are summarized as follows. 1. The developer dedicate a 10 -foot wide walkway easement along the Winnetka Avenue frontage of the property. 2. The property become compliant with the City's Inflow and Infiltration Ordinance prior to issuance of a temporary or final Certificate of Occupancy for the new building. 3. The developer post a $4,000 escrow for the abandonment of two existing sanitary sewer services that exist at the site that will not be utilized following redevelopment. 4. Subject to the review and comments of the Bassett Creek Watershed Management Commission, the City attorney, and other City staff. GADevelopments - Private\Walgreens\CUP Review 062110.doc Please feel free to call me if you have any questions regarding this matter. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Al Lundstrom, Environmental Coordinator Ron Nims, Public Works Project Coordinator Mitchell Hoeft, Graduate Engineer Mark Ray, Engineering Technician Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall GADevelopments - PrivateMalgreens\CUP Review 062110.doc IN i Memorandum aii.� G� a�Ery �Fire Department ire D e p a r t m e n t 763-593-8065 / 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application for 2530 Winnetka Avenue North Conditional Use Permit — 129 and Lot Consolidation Minor Subdivision SU14-12 Date: June 7, 2010 I have reviewed the conditional use permit application packet for the proposed Walgreen's retail store located at 2530 Winnetka Avenue North. Also included in this application packet is a preliminary submittal for construction plans for the building on the proposed site. Listed below are the fire department comments on the preliminary submittal construction plans for the building and the proposed site. A. Site Plan 1. The Golden Valley Fire Department requires a fire department access road for the fire apparatus. The fire department access roads shall be a minimum of 20 feet wide. The fire apparatus access road shall be identified by "No Parking Fire Lane" signage and the installation of the said signs shall be in accordance with the Golden Valley City Code. The turning radius for fire apparatus shall be a minimum of inside 20 feet, minimum of 40 feet outside turning radius. This turning radius requirement will be required for the entire parking lot site except for the drive-thru area. B. Fire Hydrant Locations and Water Supplies 1. The installation of the fire hydrant on site will not be required. The current city fire hydrants located on the west side of Winnetka is acceptable for the fire department in this site. The water supply for the fire suppression system shall be capable of supplying the required fire flow for the fire protection system within the building. The submittal plans indicated a separate room for the sprinkler control valve and with this separate control valve room for the fire protection system, the installation of the post indicator valve will not be required. The installation of this separate sprinkler control room will be required the installation of a proper OSY gate valves for the sprinkler system riser; this OSY gate valves shall be installed in lieu of a post indicator valve. C. Fire Department Rapid Entry Box 1. The Golden Valley Fire Department requires a Knox box to be installed on the building. Location of the Knox box shall be in accordance with the fire code official. The Knox box shall be purchased by the owner, owner's contractor or representative by the owner. The box shall have keys to open or other access means to all exterior and interior doors, roof access, elevator, electrical, mechanical, fire suppression, and fire code panels and doors. The mounting and installation of the Knox box on the building shall be according to the manufacturer instructions and the Knox box device shall be mounted not to exceed six feet in height. D. Landscaping 1. Landscaping materials or matter including posts, fence, vehicles, growth, trash, storage or other materials or objects shall not be placed or kept near fire hydrants, fire department connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrant from being immediately discernible. The fire department shall not be deterred or hindered from getting immediate access to fire protection equipment or fire hydrants. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eanderson(a)ci.golden-valley.mn.us ea/jl ORDINANCE NO. 449, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 129 2530 Winnetka Avenue North Semper Development, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11 .10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for a certain tract of land at 2530 Winnetka Avenue North, thereby allowing the proposed Walgreens store to have a drive-thru pharmacy located in the Commercial Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein by reference. 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. The site plan shall become a part of this approval. 2. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a part of this approval. 3. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval. 4. All signage shall meet the requirements of Section 4.20 of City Code. 5. All future improvements to the building shall meet the City's Building Code requirements. 6. All other applicable local, state, and federal requirements shall be met at all times. 7. Failure to comply with any of the terms of this permit shall be grounds for revocation. 8. Adequate signage regarding the location of the drive-through shall be installed near the southern most driveway. 9. The walkway between the public sidewalk along Winnetka Avenue and the store shall be extended and widened to provide for better pedestrian access. Section 2. The tract of land affected by this ordinance is legally described as follows: Parcel A (Certificate of Title No. 713835): Lot 1, Block 1, Terra Linda Plaza. Parcel B (Certificate of Title No. 668756): That part of Lot 2, which lies East of a line drawn parallel with and 40 feet East of the West Line of Section 29, Township 118, Range 21; and Lot 3, except that part of said lot which lies West of a line drawn parallel with and distant 40 feet East of the West line of Section 29, Township 118, Range 21, and North of a line drawn East at right angles to said West line from a point thereon distant 416.48 feet South of the Northwest corner of said Section; all in Block 1, Terra Linda Plaza. Parcel C: A non-exclusive easement for ingress and egress purposes over part of the Lot 1, Block 1, Golden Valley VFW Post Number 7051, as contained in the Warranty Deed dated November 6, 1974, recorded November 19, 1974, in the office of the Hennepin County Registrar of Titles as Doc. No. 1125929. The above legal description form one contiguous parcel of land with no gaps or overlaps between the parcels. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7th day of September, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk �... ��., ,tis o e alley Memorandum Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 "60 Days" Deadline: September 26, 2010 Agenda Item 4. B. Public Hearing - Preliminary Plat Approval - 2530 Winnetka Avenue North Prepared By Joe Hogeboom, City Planner Summary John Kohler, Semper Development, has proposed to consolidate three lots in order to construct a store at 2530 Winnetka Avenue North. The lots that are proposed to be consolidated include Block 1, Lots 1-3 of Terra Linda Plaza. The three lots of record make up the existing parcel on which the current automotive building is located. Prior to the construction of the existing building, the process was initiated to consolidate the three lots into one lot. However, this process was never concluded; therefore, Semper Development must now consolidate the lots. The proposed lot consolidation qualifies as a minor subdivision because the property located at 2530 Winnetka Avenue is part of a recorded plat and the request involves the consolidation of fewer than four lots. Seven specific criteria that govern minor subdivision requests are outlined, in their entirety, in the staff report to the Planning Commission, dated August 4, 2010. Attachment Location Map (1 page) Planning Commission Minutes, dated August 9, 2010 (2 pages) Memo from City Planner Joe Hogeboom, dated August 4, 2010 (2 pages) Memo from City Engineer Jeff Oliver, dated June 21, 2010 (4 pages) Memo from Deputy Fire Marshal Ed Anderson, dated June 7, 2010 (2 pages) Letter from James Grube, Hennepin County Engineer, dated June 15, 2010 (1 page) Site Plans (2 oversized pages, loose in agenda) Recommended Action Motion to approve the preliminary plat for a lot consolidation for the property at 2530 Winnetka Avenue North, subject to the following conditions: 1. The final plat of the lot consolidation shall be consistent with the preliminary plan submitted with the subdivision application. 2. The conditions found in City Engineer Jeff Oliver's memo, dated June 21, 2010, shall become a part of this approval. 3. The conditions found Deputy Fire Marshal Ed Anderson's memo, dated June 7, 2010, shall become a part of this approval. 4. The conditions found in Hennepin County Director of Transportation and County Engineer James Grube's letter, dated June 15, 2010, shall become a part of this approval. 5. A park dedication fee shall be paid at time of final plat approval. The amount of the fee shall be determined by the City Council. 6. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2550 Subject Property 25TH AVE N 6154 8101 2"0 2485 2400 2405 0 2440 2445 2m Im 8040 8020 2425 2360 2365 2575 JONELLENLNN z z 2340 r 2345 8045 Sois Sms 79719 2409 2120 8100 I aw E020 ON - ,...�. _._..�. i 7980F37 WYNNWOOD RD 2480 . ...... . . .... . ...... 2461 2450 I Bois KC L Lw 2440 z 8140 85008040 $020 am 2400 2415 lu JONELLENLNN z z 2340 r 2345 8045 Sois Sms 79719 2409 2120 8100 I aw E020 ON - ,...�. _._..�. i 7980F37 WYNNWOOD RD 2320 2325 b m 2300 28 '7955 7925 7901 185# 7751 f1} *k z 1480 2485 > Olt(, g 2430 vee Ponds B Lnnsyivazla Woods 2300 23RD AVE N .7833 7'831 --Dtcala Pond A . ...... . . .... . ...... 3135SIDS 8045 Bois 2315 L 8140 85008040 $020 am 2320 2325 b m 2300 28 '7955 7925 7901 185# 7751 f1} *k z 1480 2485 > Olt(, g 2430 vee Ponds B Lnnsyivazla Woods 2300 23RD AVE N .7833 7'831 --Dtcala Pond A Minutes of the Golden Valley Planning Commission August 9, 2010 Page 5 3. Informal Public Hearing — Minor Subdivision (Lot Consolidation) — 2530 Winnetka Ave N — SU14-12 Applicant: Semper Development, Ltd. Address: 2530 Winnetka Ave. N. Purpose: The Lot Consolidation would allow the three existing ,lots to be consolidated into one lot. Hogeboom explained that upon review of Semper Development's, Conditional Use Permit request it was discovered that the existing building is located on three lots of record so in order to construct a new building the applicant needs to consolidate the three lots into one. He discussed City Engineer, Jeff Oliver's staff report regarding this proposal and added that Hennepin County has also reviewed i# and rf isiiwed by staff to be a housekeeping item. Grimes asked the applicant if the easement along the south. side of the property that was originally proposed to be a driveway will still exist. John:Kohler, Applicant, explained that the easement in question is really a lot itself and it will stay as it is. Waldhauser opened the public hearing. Carl Hoffstedt, 2450 Valders Avenue North, said it sounds like Walgreens has yet to purchase the property. Hogeboom said it is his understanding that there is a purchase agreement in place. Hoffstedt asled'if the applicant will have to come back to the Planning Commission for plan review once the property is purchased. Waldhauser said no and explained that the next step in the process is the City Council review. Hoffstedt said there is little opportunity for residents to get involved in the plan review process. Grimes said residents are welcome to look at the plans. Bill Norberg, VFW Commander, 2525 Nevada Avenue North, said the VFW strongly opposes the easement along the south property line to be used for driveway access to Rhode Island Avenue. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. MOVED by McCarty, seconded by Kluchka and motion carried unanimously to recommend approval of the Minor Subdivision (Lot Consolidation) at 2530 Winnetka Avenue North subject to the following conditions: 1. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval Minutes of the Golden Valley Planning Commission August 9, 2010 Page 6 3. The conditions found in found in Director of Transportation and County Engineer James Grube's letter dated June 15, 2010 shall become a part of this approval. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. --Short Recess -- 4. Reports on Meetings of the Ho ...� Council, Board of Zoning Appc ig and Redevelopment Authority, City and other Meetings Cera repo don the July 27, 2010 Board f Zoning Appeals me was granted ariance to allow fewer than the required number stated that it wa he Board's desire not to rant them a vanana setback requireme but rather from the p rking requirements. 5. Other Business Hogeboom stated that there ha een a rul appears to make granting varianc more c Attorney to write an opinion on the ru ar Board of Zoning Appeals in the future. ns e rota Supreme Court that has asked the City ommissioners and the Kluchka asked about the proposed Hardp Leet; Hogeboom said staff is still waiting to receive more informaf from M nards fore their project can proceed. 6. Adjournment The meeting was a ' urried, at 8:17 pm. Eck, Date: August 4, 2010 To: Planning Commission From: Joe Hogeboom, City Planner 0,er or t d (tw Planning 763-593-8095 / 763-593-8109 (fax) Subject: Public Hearing on Preliminary Plan for Lot Consolidation of Block 1, Lot 1, Lot 2, and Lot 3 of Terra Linda Plaza, Semper Development, Applicant 2530 Winnetka Avenue North — John Kohler (Semper Development LtdJWalgreens) Applicant Background Semper Development, representing Walgreens, is proposing to consolidate three parcels in order to construct a store at 2530 Winnetka Avenue North. The parcels that are proposed to be consolidated include Block 1, Lots 1-3 of Terra Linda Plaza. In the 1980s, a process was initiated to consolidate the three lots into one lot, coinciding with the construction of the existing auto -repair building. However, this process was never concluded. Therefore, Walgreens must consolidate the lots prior to construction. Qualification as a Minor Subdivision The proposed three -lot consolidation qualifies as a minor subdivision because the current parcels are part of a recorded plat. In addition, this proposed consolidation will involve fewer than four lots and will not create need for major public improvements. The applicant has submitted the required information to the City that allows for the lot consolidation to be evaluated as a minor subdivision. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment 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 newly proposed lot will meet the requirements set forth by the Commercial Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The Planning Department has not received negative feedback, from the City Engineer. 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. Sewer and water connections are already provided to the site. 4. Approval of the minor subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer found in his memo dated June 21, 2010 and City ordinances. 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. The Hennepin County has reviewed the preliminary plat and has found it to be acceptable. 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. No park dedication fee will be assessed for this action. Recommended Action The Planning Department recommends approval of the lot consolidation of Block 1, Lots 1- 3 of Terra Linda Plaza subject to the following conditions: 1. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010 shall become a part of this approval 3. The conditions found in found in Director of Transportation and County Engineer James Grube's letter dated June 15, 2010 shall become a part of this approval. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Attachments: Location Map (1 page) Memo from City Engineer Jeff Oliver, dated June 21, 2010 (4 pages) Memo from Deputy Fire Marshal Ed Anderson, dated June 7, 2010 (2 pages) Letter from James Grube, Hennepin County Engineer, dated June 15, 2010 (1 page) Site Plans (2 oversized pages) �GoldenValley Date: June 21, 2010 Public Works 763.593.8030 / 763.593.3988 (fax) To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Review of Conditional Use Permit of Walgreens Public Works staff has reviewed the plans submitted for the proposed Conditional Use Permit (CUP) for Walgreens to construct a building near the intersection of Winnetka Avenue and Medicine Lake Road. This site is currently an automotive repair shop located just south of the southeast corner of Winnetka Avenue and Medicine Lake Road. Site Plan The proposed development will require replatting of the subject property. As such, the plat must include easement dedication consistent with the Subdivision Ordinance. The easements shown on the Preliminary Plat are consistent with code requirements. Because the property being redeveloped is adjacent to Winnetka Avenue, which is under the jurisdiction of Hennepin County (County State Aid Highway 156), the plans will be subject to the review and comments of the Hennepin County Transportation Department. Based upon a County review, the developer will be required to dedicate additional right-of-way for Winnetka Avenue as shown on the preliminary plat and site plans. The right-of-way dedication varies from 2 feet to 9 feet to provide a consistent right-of-way width of 42 feet on the east side of Winnetka Avenue. In addition, the developer will be required to dedicate a 10 -foot wide walkway easement to the City along the Winnetka Avenue frontage of the plat. The easement will allow the City space for relocation of its sidewalk in the future. Because a walkway easement cannot be dedicated on the final plat, it must be dedicated under a separate document to be prepared by the City. This easement must be signed and be ready for recording prior to City Council consideration of the final plat. The proposed Walgreens building will relocate the two existing driveways from Winnetka Avenue on to the site. The north driveway will provide right in/right out access, while the southern driveway will provide full access. There will also be access to this GADevelopments - Private\Walgreens\CUP Review 062110.doc development via the 30 -foot ingress/egress easement on the southeast corner of the property. This easement runs in favor of this property and crosses the adjacent VFW property to allow access to Rhode Island Avenue. The developer has worked with the adjacent landowner to construct additional site access to Rhode Island Avenue. The Hennepin County review of the site indicated that the Winnetka Avenue access points to the site are acceptable as proposed and that no development driven improvements are needed on Winnetka Avenue. The developer must construct the new driveway aprons in accordance with City standards. In addition, pedestrian access ramps, also constructed consistent with City standards, must be constructed for the sidewalk crossings of each driveway. All of the City's standard details are available from the Public Works Department. The developer will be required to obtain permits from Hennepin County for all work within the right-of-way for Winnetka Avenue. In addition, the redevelopment is also subject to the City of Golden Valley Right -of -Way Management Ordinance, which requires permits for work within the Rhode Island Avenue and Winnetka Avenue right- of-ways. Utilities There is adequate capacity in the City's sanitary sewer and water distribution systems that currently provide service to the site to accommodate the proposed land uses. There are three existing sanitary sewer service stubs extended into the subject property. The proposed Utility Plan indicates that the new building on site will be served from the southern sanitary sewer service. An additional sewer cleanout must be included on the plan at the point of transition between the existing sewer service stub and the new PVC service line to be constructed on site. This property is subject to the City's Inflow and Infiltration Ordinance. In order to become compliant with the code, the developer must have the existing service that will be utilized upgraded with a structural liner and abandon the two remaining services. The service abandonment may be achieved by installing structural "short liners" in the City's sewer main within Winnetka Avenue. Therefore, in order to fulfill their obligation to abandon the two extra sewer services to the site, the developer will be required to post an escrow for the short liners, which will be installed by a City contractor. Based upon recent City projects, the escrow amount is estimated to be $2,000 per short liner, for a total escrow amount of $4,000. This escrow must be posted prior to City Council consideration of the final plat. The existing water service to this site is a 6 -inch diameter line from the watermain located within the Winnetka Avenue. The proposed utility plan indicates installation of a new 6 -inch diameter water service from the existing stub to the northwest corner of the proposed building. GADevelopments - Private\Walgreens\CUP Review 062110.doc The developer will be required to obtain the appropriate sewer and water permits for installation of the sanitary sewer and water services to the new building. Stormwater Management The property being redeveloped is located within the Bassett Creek watershed, and is therefore subject to the Bassett Creek Watershed Management Commission's (BCWMC) Requirements for Improvements and Development Proposals. Based upon the size of the parcel, this project is classified as a commercial redevelopment by the BCWMC, and because there is a decrease in impervious surfaces, the project is not subject to meeting Level 1 water quality requirements outlined in the policy. However, the developer is proposing the installation of two "environmental manholes" on site to provide nutrient and sediment treatment to stormwater runoff from the site prior to its discharge off the site. This redevelopment is also subject to the City's Stormwater Management Ordinance. In order to obtain the permit required under this ordinance, the developer must modify the grading plan to meet City standards and resubmit the plan for further review. Following construction, the developer will need to submit construction record plans for the City to retain for its records. Summary and Recommendation Public Works staff recommends approval of this proposed Conditional Use Permit subject to the comments contained, which are summarized as follows. 1. The developer dedicate a 10 -foot wide walkway easement along the Win netka Avenue frontage of the property. 2. The property become compliant with the City's Inflow and Infiltration Ordinance prior to issuance of a temporary or final Certificate of Occupancy for the new building. 3. The developer post a $4,000 escrow for the abandonment of two existing sanitary sewer services that exist at the site that will not be utilized following redevelopment. 4. Subject to the review and comments of the Bassett Creek Watershed Management Commission, the City attorney, and other City staff. GADevelopments - Private\Walgreens\CUP Review 062110.doc Please feel free to call me if you have any questions regarding this matter. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Al Lundstrom, Environmental Coordinator Ron Nims, Public Works Project Coordinator Mitchell Hoeft, Graduate Engineer Mark Ray, Engineering Technician Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall GADevelopments - Private\Walgreens\CUP Review 062110.doc WO Memorandum PIT sE� Fire Department }ire Department 763-593-8065 / 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application for 2530 Winnetka Avenue North Conditional Use Permit —129 and Lot Consolidation Minor Subdivision SU14-12 Date: June 7, 2010 I have reviewed the conditional use permit application packet for the proposed Walgreen's retail store located at 2530 Winnetka Avenue North. Also included in this application packet is a preliminary submittal for construction plans for the building on the proposed site. Listed below are the fire department comments on the preliminary submittal construction plans for the building and the proposed site. A. Site Plan 1. The Golden Valley Fire Department requires a fire department access road for the fire apparatus. The fire department access roads shall be a minimum of 20 feet wide. The fire apparatus access road shall be identified by "No Parking Fire Lane" signage and the installation of the said signs shall be in accordance with the Golden Valley City Code. The turning radius for fire apparatus shall be a minimum of inside 20 feet, minimum of 40 feet outside turning radius. This turning radius requirement will be required for the entire parking lot site except for the drive-thru area. B. Fire Hydrant Locations and Water Supplies 1. The installation of the fire hydrant on site will not be required. The current city fire hydrants located on the west side of Winnetka is acceptable for the fire department in this site. The water supply for the fire suppression system shall be capable of supplying the required fire flow for the fire protection system within the building. The submittal plans indicated a separate room for the sprinkler control valve and with this separate control valve room for the fire protection system, the installation of the post indicator valve will not be required. The installation of this separate sprinkler control room will be required the installation of a proper OSY gate valves for the sprinkler system riser; this OSY gate valves shall be installed in lieu of a post indicator valve. C. Fire Department Rapid Entry Box 1. The Golden Valley Fire Department requires a Knox box to be installed on the building. Location of the Knox box shall be in accordance with the fire code official. The Knox box shall be purchased by the owner, owner's contractor or representative by the owner. The box shall have keys to open or other access means to all exterior and interior doors, roof access, elevator, electrical, mechanical, fire suppression, and fire code panels and doors. The mounting and installation of the Knox box on the building shall be according to the manufacturer instructions and the Knox box device shall be mounted not to exceed six feet in height. D. Landscaping 1. Landscaping materials or matter including posts, fence, vehicles, growth, trash, storage or other materials or objects shall not be placed or kept near fire hydrants, fire department connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrant from being immediately discernible. The fire department shall not be deterred or hindered from getting immediate access to fire protection equipment or fire hydrants. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eandersonCaD-ci.golden-valley.mn.us ea/jl Hennepin County Transportation Department .__.......... 1600 Prairie Drive H Medina, MN 55340-5421 612-596-0300, Phone 763-478-4000, FAX 763-478-4030,TDD www.hennepin.us June 15, 2010 Mr. Mark W. Grimes, Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Preliminary Plat Review - Walgreens 2530 Winnetka Avenue (CSAH- 156) - south of CSAR -70 Hennepin County Plat Review No. 3182A Dear Mr. Grimes: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The plat was received on June 7, 2010, and the site plan had been reviewed earlier by the county Plat Review Committee on May 5t'. County staff also discussed right- of-way needs with city staff resulting in a summary E-mail from to city staff on May 21St Access - The county is agreeable to the proposed driveway accesses as shown on the preliminary plat. Right-of-way Dedication - The proposed dedication of additional right-of-way giving a consistent 42 -foot half right-of-way section from the road centerline along the frontage of the property is acceptable. It is our understanding the city will be obtaining a sidewalk easement that will overlay the 10 foot wide drainage and utility easement. This sidewalk easement will allow for the future setback of the sidewalk away from the roadway and would allow for the addition of a boulevard area separating the sidewalk from the curb. Required Permits - Please inform the developer that all proposed construction within county right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to driveway and street access, drainage and utility construction, trail development, and landscaping. Permit applications can now be submit via the epermitting system on-line at: https:llroadpermits.co.hennepin.mn.us. Further comments or discussion can be directed to Bob Byers at (612) 596-0354 or via his E-mail at: robert. byers@co. hennepin. mn. us. Sincerely, James N. Grube, P.E. Director of Transportation and County Engineer JNG/rqb cc: Plat Review Committee — Byers / Drager / Fackler / Holtz / Lemke / Lindgren / Neby / Peterson Gary Wojahn, Hennepin County Survey Office An Equal Opportunity Employer Recycled Paper sy Golden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 6. A. Adopting Proposed 2011 Budget and Proposed Tax Levies Payable in 2011 Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than September 15, 2010. The final property tax levy for 2011 will be adopted by the City Council in December, which can be less than the proposed levy, but not greater. The property tax levy, included as part of the 2011-2012 Proposed Budget, is currently $16,569,450. At the meeting City staff will make a short presentation reviewing the Proposed 2011-2012 General Fund Budget and Proposed Tax Levies Payable in 2011. Attachments Resolution Adopting a Proposed 2011 Budget and Proposed Tax Levies Payable in 2011 (1 page) 2011-2012 Proposed Revenue Summary (1 page) 2011-2012 Proposed Expenditure Summary by Division and Expenditure Category (1 page) Recommended Action Motion to adopt Resolution Adopting a Proposed 2011 Budget and Proposed Tax Levies Payable in 2011. Resolution 10-48 September 7, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A PROPOSED 2011 BUDGET AND PROPOSED TAX LEVIES PAYABLE IN 2011 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than September 15, 2010; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and NOW, THEREFORE BE IT RESOLVED that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $12,203,835 Fire Relief Levy 66,000 Bonded Debt Levy: Certificates of Indebtedness $791,414 Street Improvement Bonds 3,208,301 Tax Abatement Levy 300,000 TOTAL Tax Levy $16,569,450 BE IT FURTHER RESOLVED the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the 2010 property tax levies for collection in 2011 for the City of Golden Valley. BE IT FURTHER RESOLVED that the proposed 2011 budget of the General Fund is $14,920,495 and the proposed 2012 budget is approved in concept only. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget and property tax levies both proposed and final. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. 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O o 'p N tD CDN M m r N M w N N C th m a0 N —7 tDvN C W t0 O OOm00 N mNO M N C C V 0 NNM MNmC N CD C Ti CD N Q N M Ol C E w z m W d Z C �. z N 0 va m Z O f9 W N O FF p m U m O H y p Q E w m Z Lu wd = R' c C u W fq c W 3 W C O C) 2 a c a N o m aci a a U a O C7 c tv O U } p (7 Z w o a m z p m c c a �j m, W G 2 o a Q iq Q Z K W Z aJ t�0 U —¢ J h z V J S d m Q a y J z c ¢ J E Q ¢ LL N O N C W `�`a F OF 2 O ZQ W U E" a c ¢ j E'v) i� Y E E uH Q j W UU D O ¢a.a 5 Qwina Q ¢Uof� W QZQ O o t7 ¢ m J a a t� a a a K F E- cit G61 olden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 6. B. Set Date for Hearing - 2011-2012 Budget and 2011 Property Tax Levy Prepared By Sue Virnig, Finance Director Summary The Department of Revenue has clarified the Truth in Taxation process for 2011 tax levy. The Council will need to schedule a meeting that will include discussion of the city budget and 2011 tax levy and allow the public to comment. This meeting date needs to be announced at the time Council approves the proposed budget and levy. It also must occur between November 25 and December 27 and be held after 6 pm. Most cities have gone to one meeting and are scheduled at a regular council meeting. This year staff recommends setting the hearing for December 7, 2010 Council meeting at 7 pm. Recommended Action Motion to set the date of the Truth in Taxation Hearing for December 7, 2010 at 7 pm. ioMemorandum 0 e a PIT Fire Department 763-593-8079 / 763-593-8098 (fax) as rr w Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 6. C. Declaration of Hazardous Buildings 700/800 Xenia Avenue South Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The commercial buildings located at 700/800 Xenia Avenue South are abandoned and in disrepair. Minnesota Statute 463.15 subdivision 3 states that a "hazardous building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions or abandonment, constitutes a fire hazard or a hazard to public safety or health." The buildings meet the criteria of a hazardous building. Upon Council approval, the property owners will be served this order and enforcement of this order will be made to the District Court of Hennepin County unless corrective action is taken. All costs of this proceeding and the removal of the hazardous condition will be charged to the owners or assessed against the real estate pursuant to Minnesota Statute 463.21. Attachment Order for Removal of Hazardous Buildings (7 pages) Recommended Action Motion to order removal of the hazardous buildings at 700/800 Xenia Avenue South and direct staff to proceed pursuant to the order. ORDER OF THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA TO: UNION LAND X, LLC ASSOCIATED COMMERCIAL FINANCE, INC. NEW SOUTH FEDERAL SAVINGS BANK ASSOCIATED BANK, N.A. AND ANY AND ALL OTHER PERSONS OWNING, CLAIMING A LIEN UPON, OCCUPYING OR HAVING ANY INTEREST WHATSOEVER IN THE PROPERTY LEGALLY DESCRIBED AS Street Address: 700/800 Xenia Avenue. South Golden Valley, Minnesota 55416 Legal Description: See Exhibit "A" attached Golden Valley, Hennepin County, Minnesota Property ID: 04-117-21-24-0024 (Non -Homestead) 04-117-21-24-0025 (Non -Homestead) RE: HAZARDOUS BUILDING REMOVAL FROM: CITY COUNCIL, CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA You and each of you are hereby ordered pursuant to the provisions of Minnesota Statutes sections 463.15 to 463.26, inclusive, to take the following action with respect to the above- described property, upon which the City Council of the City of Golden Valley has determined there exists hazardous buildings or a hazardous property within the meaning provided in Minnesota Statutes, section 463. 15, subdivision 3. REMOVAL OF HAZARDOUS BUILDING By this Order, pursuant to Minnesota Statutes section 463.16, the City orders the owner of the property to correct or remove the hazardous condition of the building and property or to raze or remove the building by taking the following actions: 1. Remove the buildings/structures now located on the above-described property. 2. Seal the sanitary sewer lines, water lines, and other utilities leading from the property. 3. Fill to grade and cover any excavation remaining after the removal hereinabove ordered. FINDINGS OF FACT The foregoing Order is based upon the finding by the City Council of the City of Golden Valley that the property contains hazardous buildings or is a hazardous property as defined by Minnesota Statutes section 463.15 subdivision 3, due to the buildings' and properties' "inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment [which] constitutes a fire hazard or a hazard to public safety or health," and the following findings of fact based on the report of the City's Building Inspector/Community Standards Inspector: 1. 700 Xenia Avenue South. The City's Building Inspector/Community Standards Inspector made the following findings about 700 Xenia Avenue South. The structure located thereon is located at the southwest comer of Xenia Avenue South and Laurel Avenue with the railroad property behind this parcel to the west. �,(�, he A. Inade uate Maintenance Phvsical Dama a and Dila idation:pMbs Own Cur (out,6 Dilapidation: �efin Stairs. The employee entrance on the north or Laurel Avenue side, (see photo 41), shows an extremely dilapidated stair assembly which needs to be replaced. 2 Inadequate Maintenance: Graffiti. Southwest service entrance and blue trash compactor area has been tagged by graffiti (see photos #2, 3 and 4). Dumping. Next to the building on its southwest and west (rear) parking areas you find illegal dumping of miscellaneous refuse consisting of concrete, broken glass, scrap metal, a toilet, metal siding, yard wastes and branches (see photos #6, 7 and 8). Infestation. On the south side of the building, animals made a home in the abandoned wall hydrant that was used for fire protection systems (see photo #9). Physical Damage: Broken Glass. Southwest corner entry area has two large broken glass panels with large pieces of glass hanging and waiting to fall on someone (see photo #2). Damage from Animals. Southwest wall area shows holes into the wall made by some type of bird (see photo #5). B. Abandonment and Unsanitary Conditions: Abandonment: According to City Records, on February 9, 2007, the same day the water service broke at 800 Xenia Avenue South, the structure at 700 Xenia Avenue South appeared to be vacant. The main outside electrical transformers and electric service have been removed from. the site (see photo #10). Water has been shut off at the street and all fire protection no longer works. Interior offices are in shambles from recycling of copper pipe and demolition of usable materials. Gas meters are removed. Unsanitary Conditions: Parking lot to the southwest and rear of west side next to the railroad tracks show illegal dumping of refuse, auto parts and yard wastes (see photos #6, 7, 8 and 12). Parking lot has been and is being used as an indiscriminate storage area for semi trucks and trailers (see photo 411). Sewer lines are still connected. There is a high possibility of methane gas issues (fire or suffocation) because of no sewer trap protection. C. Fire and Public Lazard: The City Building Inspector/Community Standard Inspector has concluded that. the building which appears to have been readied for demolition as of February 9, 2007, is indeed a fire and public hazard because its fire protection systems no longer exist and there is a lack of egress due to boarded doors and windows. The property is a hazard to fire fighters because of physical damage to the building, unsafe roof conditions and lack of egress from the building on the property. In addition, the property has methane gas issues. II. 800 Xenia Avenue South, The City's Building Inspector/Community Standards Inspector made the following findings about 800 Xenia Avenue South where he discovered physical damage, lack of maintenance and dilapidation due to neglect, noticeable from the public streets at Xenia Avenue South and Golden Hills Drive. A. Inadequate Maintenance, Physical Damage and Dilapidation: Physical Damage: Brick Veneer. The surface of the brick is breaking off and falling to the ground (see photos # 13, 14 and 15). Parking. The parking area is not paved and is in disrepair (see photo 416). Inadequate Maintenance and Dilapidation: Windows and Doors. Windows and doors boarded by unpainted plywood (see photos # 13, 14 and 15). North Loading Dock Foundation. The foundation of the north loading dock is severely deteriorated and has structurally failed (see photo #17). This structural post member was engineered to support the loading dock's roof. The post is no longer being supported by its foundation and is allowing the roofto sag (see photos #18, 19 and 20). The sagging unsupported roof presents another hazard on this site. South Loading Dock Area. The roof of the south loading dock has rusted through and is unsafe (see photos #21 and 22). 4 Roof Area_ Photos #23, 24 and 25 were taken from a nearby parking ramp, and shows that all of the (HVAC) heating and air conditioning units have been removed and temporary covers over the unit openings (holes) have been installed. This temporary protection has failed and is allowing moisture intrusion into the structure (see photo #24). Roof Flashing. The roof flashing appear to have failed, allowing moisture intrusion by the front of the building (west side), based on the deterioration of the brick veneer (physical damage to the brick) (see photo 425). B. Abandonment and Unsanitary Conditions: Abandonment. This structure has been vacant since February 9, 2007. On that date, the City received a call of water coming from the building flooding the parking lot and surrounding properties. Unsanitary Conditions. There has been no water or fire suppression since February 9, 2007. Dumpsite. The property contains evidence of dumping of refuse consisting of yard wastes and construction debris, scrap metal, glass and concrete (see photos #26, 27 and 28). Parking Lot. The parking lot has been and is being used as an indiscriminate storage area for semi trucks and trailers. All internal equipment has been removed. C. Fire and Public Hazard: The City Building Inspector/Community Standard Inspector has concluded that the building which appears to have been readied for demolition as of February 9, 2007, is indeed a fire and public hazard. because its fire protection systems no longer exist and there is a lack of egress due to boarded doors and windows. The property is a hazard to fire fighters because of physical damage to the building, unsafe roof conditions and lack of egress from the building on the property. In addition, the property has methane gas issues. IT IS FURTHER ORDERED by the City Council of the City of Golden Valley that you have ninety (90) days from the service of this Order upon you within which to comply with the terms of this Order. You are hereby notified that a motion for summary enforcement of this Order will be made to the District Court of Hennepin County, State of Minnesota, unless corrective action is taken by the compliance date described, or unless an answer to this Order is served upon the City of Golden Valley within twenty (20) days from the date of the service of this Order upon you, in the manner for service of such Answer as is provided in Minnesota Statutes section 463.18. IT IS FURTHER ORDERED that all costs of this proceeding including attorney's fees and the removal of the hazardous condition be charged to the owners or assessed against the real estate pursuant to Minnesota Statutes section 463.21. IN WITNESS WHEREOF, pursuant to the action duly ordered by the City Council of the City of Golden Valley on this day of , 2010, the Mayor and the City Clerk hereunto set their hands and the seal of the City of Golden Valley, Minnesota. ATTEST: City Clerk, Susan Virnig This document drafted by: Kim JoDene Donat Best & Flanagan LLP 225 South 6t1i Street, Suite 4000 Minneapolis, MN 55402-4690 (612)341-9721 Fax: (612) 339-5897 000090/3 4 OW 5Y 12143?9 1 Mayor, Linda R. Loomis 0 EXHIBIT "A" Legal Description of Property The property is located in Hennepin County, Minnesota and is legally described as follows: 700 Xenia (Parcel 1): That part of Tract D, lying North of a line drawn 283 feet North of and parallel to the Northerly line of Tract C, all in Registered Land Survey No. 661, Hennepin County, Minnesota. 800 Xenia (Parcel 2): That part of Tract D, Registered Land Survey No. 661, Hennepin County, Minnesota lying South of a line drawn 283 feet North of and parallel to the Northerly line of Tract C, said Registered Land Survey, except that part thereof which lies Easterly of the following described line: Beginning at a point on the Southerly line of said Tract D distant 15 feet Westerly of the Southeast comer thereof; thence run Northerly to the point of intersection of a line run parallel with and distant 5 feet Westerly of the East line of said Tract D with a line run parallel with and distant 100 feet Northerly of the South line of said Tract D; thence run Northerly on said 5 foot parallel line to its intersection with the Northerly line of said Tract D and there terminating. 000090/310005/1214359_ I Cit n o � a eMemorandum Public Safety Department Public Safety 763-593-8079 / 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting September 7, 2010 Agenda Item 6. D. Authorization to Sign Agreement with City of Edina for Dispatch Services Prepared By Stacy A. Altonen, Chief of Police Summary At its July 20, 2010 meeting, the City Council authorized staff to draft final agreement terms with the City of Edina for dispatch services beginning January 1, 2011. A final agreement has been reviewed by attorneys for both cities and is being presented to City Council for approval. Attachments Agreement between Edina and Golden Valley for Provision of Dispatch Services and Operation and Maintenance of the Emergency Communications Center (5 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the agreement with the City of Edina for dispatch services and operation and maintenance of the emergency communication center. AGREEMENT BETWEEN EDINA AND GOLDEN VALLEY FOR PROVISION OF DISPATCH SERVICES AND OPERATION AND MAINTENANCE OF THE EMERGENCY COMMUNICATIONS CENTER AGREEMENT made this 7th day of September, 2010, by and between the City of Edina, a Minnesota municipal corporation ("Edina") and the City of Golden Valley, a Minnesota municipal corporation ("Golden Valley"). WHEREAS, the governmental units signatory hereto are empowered by law to provide and to contract for police, fire and emergency dispatch services, and, by virtue of their respective needs and geographic proximity, fmd it in their common interest and for their common benefit and the benefit of their citizens for Edina to provide dispatch services to Golden Valley utilizing the Edina Emergency Communications Center ("E.C.C."); and WHEREAS, Golden Valley desires that Edina receive and dispatch Golden Valley police; fire and emergency radio calls; and WHEREAS, Edina desires to handle such police, fire and emergency dispatch calls for Golden Valley; and WHEREAS, this Agreement is made pursuant to Minn. Stat. §§ 436.05 and 471.59 and should not be construed as creating a joint municipal police department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. Dispatch Services and Operation and Maintenance of the E.C.C. Commencing on or about January 1, 2011 Edina shall operate the E.C.C. for its own use and shall provide dispatch services to Golden Valley as follows: A. Edina, by using its personnel and facilities, will handle the receiving and dispatching of all police, fire and emergency calls for Golden Valley and Edina. 15336203 RNK:r09/01/2010 B. Edina will supply police radio dispatch equipment and personnel to operate and maintain said radio dispatch equipment for the E.C.C. On termination of this Agreement, all equipment shall be the property of Edina. C. Personnel. The E.C.C. shall be operated by dispatchers who shall be employees of Edina. Community service officers trained to provide back-up relief may be used to supplement dispatchers. All dispatch personnel needed to staff the E.C.C. shall be hired by Edina through its normal hiring procedures. The E.C.C. shall be supervised and managed by employees of Edina who have been assigned by the Edina Police Chief to these responsibilities. The Police and Fire Chiefs for Golden Valley and Edina or their designees shall meet as needed to address issues concerning provision of dispatch services or operation of the E.C.C. D. Insurance. Edina and Golden Valley shall each maintain insurance coverage or equivalent pooled self insurance coverage in the minimum amount of the liability limits established in Minn. Stat. Ch. 466, which shall protect both Cities from any and all claims that might be made against either or both Cities as a result of the operations or the services set forth herein. II. Initial Costs. Edina will incur certain up front costs to provide service to Golden Valley. These costs include: CAD server upgrade, software, 10 AVL (automobile vehicle location) units, CPU and monitor, map conversion or creation, training, 911 transition, staff support including IT support. Golden Valley must pay 100% of the above mentioned costs with the exception of the CAD server upgrade for which Golden Valley must pay Edina 24% of the cost. Edina will bill Golden Valley as costs are incurred and Golden Valley will reimburse Edina within thirty days of receipt of a properly itemized bill. III. Payment for Dispatch Services and Operation and Maintenance of the E.C.C. for 2011. Subject to the payment of initial costs pursuant to Paragraph II herein and any unbudgeted expenses pursuant to Paragraph V herein, for calendar year 2011, Golden Valley shall pay Edina $14,845 per month ("Base Charge"). Payment shall be due in advance on or before the first day of each calendar month.. For calendar year 2012, and subsequent years; Golden Valley shall pay Edina, in equal monthly installments the Base Charge adjusted by Edina on January 1St each year as follows: (1) 153362v03 RNKA9/01/2010 increased labor costs for operation of the E.C.C. under Edina's labor Agreements and (2) the rate of increase, if any, over the previous year in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysts of the United States Department of Commerce. Adjustments in the Base Charge shall be prospective. IV. 9-1-1 Funds. As additional compensation for services provided hereunder, effective January 1, 2011 Golden Valley shall assign to Edina all 9-1-1 funds it is entitled to receive pursuant to Minn. Stat. § 403.11.. Edina shall deposit the 9-1-1 funds received from Hennepin County on behalf of Golden Valley in a separate account established for that purpose. The 9-1-1 funds so deposited shall be the sole property of Edina, and shall be used at the sole discretion of Edina, subject only to the provisions of Minn. Stat. § 403.113. The 9-1-1 funds shall not be credited towards amounts owed by Golden Valley pursuant to Section III and IV of this Agreement. Golden Valley's 9-1-1funds received in 2011 which are assigned to Edina shall be credited towards Golden Valley's costs for map conversion or creation and the CAD server upgrade pursuant to paragraph II of this Agreement. V. Unbudgeted Expenses. Certain expenses of the E.C.C. are not reasonably foreseeable, such as capital expenditures due to equipment failure, equipment repairs and replacement, software upgrades, software licensing, unexpected need for overtime hours, implementation of recommendations made by consultants for unanticipated needs, changes in required services due to new legislation. This listing is for illustrative purposes only, and not intended as a limitation on reimbursement for unanticipated expenses. Edina will notify Golden Valley in writing of any such unanticipated expenses when the expenses are realized. Within thirty days of receipt of a properly itemized bill, Golden Valley shall reimburse Edina in the amount of twenty-four percent (24%) of all such expenses actually incurred by Edina for provision of dispatch services, and operation and maintenance of the E.C.C., which were not anticipated by Edina. 153362v03 RNK:r09/01/2010 VI. F.C.C. Licenses. Current F.C.C. licenses held by Golden Valley and Edina shall remain the property of the license -holder. Golden Valley and Edina will fully cooperate with each other as necessary for providing for the joint use and sharing of radio frequencies. VII. Term of Agreement. This Agreement shall be for an initial term of two (2) years, commencing on or about January 1, 2011, with automatic one-year renewals thereafter. The agreement may be terminated by either party after the initial term upon a twelve (12) month advance written termination notice delivered by either party to the other party. VIII. Termination Fee. If Golden Valley terminates this Agreement at the end of the initial term or anytime thereafter, Golden Valley shall pay to Edina the actual cost incurred by Edina caused by the termination including: unemployment compensation, three months salary to each employee who is laid -off, six months paid medical insurance for each employee who is laid -off. IX. Indemnity. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.5 9, Subd. 1 a (a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, northing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. X. Assignment. Neither party to this Agreement may assign its interest in the Agreement without prior written approval of the other party and subject to such conditions and provisions as the other party may deem necessary. 153362v03 RNK:r09/01 /2010 XI. Amendments. This Agreement may be amended from time to time as the parties deem necessary. No amendment shall be effective unless agreed to in writing by the parties. XII. Entire Agreement. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. XIII. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF EDINA BY: Its Mayor AND Its City Manager 15336203 5 RNK:r09/01 /2010 CITY OF GOLDEN VALLEY BY: Its Mayor AND Its City Manager