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07-19-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hail 7800 Golden Valley Road Council Chamber July 19, 2011 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 PAGES 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 - May 17, 2011 3-7 B. Approval of Check Register 8 C. Licenses: 1. Solicitor's License - Josh Peterson for Edward Jones Investments 9-11 D. Minutes of Boards and Commissions: 1. Planning Commission - June 13, 2011 12-17 2. Joint Water Commission - June 1, 2011 18-20 3. Human Services Foundation - June 13, 2011 21-22 E. Letters, Emails and Petitions: 1. Email from Julie Johnson Regarding Rezoning of Harold Avenue 23 F. Authorization to Sign Amended Agreement with Breck School for Community Service 24-27 Officer G. Authorization to Submit Grant Application - MnDOT FY 2013 Metro Municipal 28-55 Agreement Program - TH 55 and Winnetka Avenue Improvements 11-36 H. Approval of Requests for Beer and/or Wine at Brookview Park 56-57 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Second Consideration - Ordinance #462 - Repealing in its Entirety 58-71 Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco and Approve Summary Publication 6. Public Hearing - Ordinance #463 -Adopting a New Section 11.04: Temporary Uses 72-76 C. Public Hearing - Ordinance #464 - Deleting and Replacing in its Entirety Section 77-91 11.90, Subdivision 4, Board of Zoning Appeals D. Continued Public Hearing -Approval of Conditional Use Permit#119 -Amendment 92 #2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant E. Continued Public Hearing - Ordinance #459 - Amending Section 11.23: Medium 93 Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use 5. OLD BUSINESS 6. NEW BUSINESS A. First and Second Consideration - Ordinance #465, Adding a New Section 4.07: 94-101 Electrical Regulations and Inspections, and Authorization to Sign Agreement with Stephen Tokle Inspections, Inc. for Electrical Inspections B. Approval of Temporary Use - Business and Professional Offices Zoning District - 102-111 Wayzata Boulevard and Highway 100 - Cavalia USA, Inc., Applicant C. Authorization to Sign Joint Powers Agreement with St. Louis Park for Operation of 112-115 Cavalia -August to November 2011 D. Announcements of Meetings E. Mayor and Council Communications 7. ADJOURNMENT �. Regular Meeting of the City Council May 17, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 17, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Board/Commission Oath of Office and Presentation of Certi�cate of Appointment Mayor Loomis administered the oath of office and presented a Certificate of Appointment, mug and city pin to: Paula Sunde, Environmental Commission. Mike Kisch, Planning Commission was unable to attend. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of May 17, 2011 as amended: Addition to Board/Commission Appointment and Reappointments. Approval of Consent Aqenda MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the consent agenda of May 17, 2011 as amended: Addition to Board/Commission Appointment and Reappointments. *Approval of Minutes - Citv Council Meetina -April 5, 2011 MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and file the City Council Meeting minutes of April 5, 2011 as submitted. *Approval of Check Reaister MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Pentel and motion carried unanimausly to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council May 17, 2011 Page 2 *Solicitor's License - Rvbak Brothers Construction, LLC MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the solicitor's license for Rybak Brothers Construction, LLC. *Gamblina License Exemption and Waiver of Notice ReQUirement - Sons of the American Leqion Post 523 MOVED by Shaffer seconded by Pentel and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523. *Temporarv Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Leaion for Golden Vallev Davs Art & Music Festival MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art & Music Festival on Saturday, May 21, 2011 from 1 to 11 pm at Brookview Park. *Fireworks Permit - Pvrotechnic Displav, Inc. for Golden Vallev Fire Relief Association Street Dance MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 18, 2011, with a rain date of June 19, 2011. '�Fireworks Permit -Americana Fireworks Displav Companv for General Mills MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at General Mills on Thursday, June 9, 2011. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Pentel and motion carried unanimously to receive and file the minutes as fallows: Joint Water Commission -April 6, 2011 Human Services Foundation - March 14, 2011 Envision Connection Project Board of Directors - February 17, 2011 Regular Meeting of the City Council May 17, 2011 Page 3 Letter from Mike Sell Reqardinq Resianation from Board of Zoninq Appeals Council Members Pentel and Shaffer acknowledged serving with Mr. Sell on the Board of Zoning Appeals. The Mayor and Council acknowledged Mike Sell's service on the Board of Zoning Appeals and thanked him for his many years of service to the community. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the letter from Mike Sell, dated May 2, 2011, regarding resignation from the Board of Zoning Appeals; and request the Mayor send him a letter of appreciation in recognition for his service to the community. *Authorization to Siqn Aqreement with Environmental Process, Inc. for Park Shelter and Buildinq Maintenance Proiects MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize entering into an agreement for architectural, engineering and environmental services with EPI for the 2011 park shelter and building maintenance projects for an amount not to exceed $21,300. Authorization to Sign Aqreement with Environmental Process, Inc. for Brookview Patio Replacement Council Member Shaffer acknowledged the condition of the community center stating that because of budget constraints the patio is being fixed and feels that at some time in the future the center should be replaced. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the Mayor and City Council sign an agreement for architectural, engineering and environmental services with EPI for the 2011 community center patio replacement project for an amount not to exceed $20,200. *Authorization to Extend Fire Relief Association Street Dance Hours MOVED by Shaffer, seconded by Pentel and motion carried unanimously to approve the e�ctension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 18, 2011, with a fireworks rain date of Sunday, June 19, 2011, at 10 pm at the Chester Bird American Legion, 200 North Lilac Drive. Regular Meeting of the City Council May 17, 2011 Page 4 *Approval of Revisions to Emplovee Handbook - Section 5.30 and 10.05 Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-23 RESOLUTION ADOPTING AMENDMENTS TO EMPLOYEE HANDBOOK SECTION 5.30 AND 10.05 The motion for the adoptian of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlan and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Board/Commission Appointment and Reappointments MOVED by Shaffer, seconded by Pentel and motion carried unanimously to make the following appointment: Board of Zoning Appeals: Jason Landis 1 year term term expires - 5/1/12 MOVED by Shaffer, seconded by Pentel and motion carried unanimously to make the following reappointments: Board of Zoning Appeals: George Maxwell 1 year term term expires - 5/1/12 Luke Weisberg 1 year term term expires - 5/1/12 Alternate Environmenta/ Commission: Tracy Anderson* 3 year term term expires - 5/1/14 *added at meeting Announcements of Meetinqs A Bassett Creek Water Management Commission will be held on May 19, 2011 at 11:30 am. The Golden Valley Days Art & Music Festival will be held on May 21, 2011 at Brookview Park. Some Council Members may attend the Board/Commission Recognition Dinner on May 24, 2011 at 6:30 pm at the Brookview Community Center. The City Offices are closed on Monday, May 31, 2010 in observance of Memorial Day. The next City Council meeting will be held on June 7, 2011 at 6:30 pm. Regular Meeting of the City Council May 17, 2011 Page 5 Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 6:42 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant �it'i�..,. . �� .��. . e,. �/ P Finance O �� 4 �/ 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. G2t, af ,, � City Administration/Council V � �� a, e 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 3. C. 1. Solicitor's License - Josh Peterson on Behalf of Edward Jones Investments 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 Josh Peterson on behalf of Edward Jones I nvestments. 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: $ �� 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle p� Enciose the sum of$ for�_ (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with ail the requirements of said Code necessary for obtaining this license. �'cP.wu�cP�a�s l�iv�c�r�•�.r�fr T't,�Gi �e�rs�r� (Business or Individual Name or Organization to be Licensed) `�3 A o3�s��► (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business -�-1.21t�4.�,,� ( orporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) Z -�'l� lOt� D�i�.t U� �i !'V�c (Address) �vG�hnr�'� N�N ��'��I City, State and Zip Code) �3- �-�38oZ. (Telephone Number, including Area Code) NOW, TH� F RE, Os�ir ��Soh hereby makes application for � � (Applicant Name) period of through 6/30/�, subject to the conditions and provisions of said City Code. (Si natur lican 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): -�,�s-�-(� 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 altemative, 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: �'��i P�� ol%v�1� C�l�l,o?�ev� v'w��J, � C�-P22 (If more space is needed, attach additional sheets) STATE OF {'VI�VU�5��` ) ) ss. COUNTY OF ��I�PI?�1 ) �, _�C�� I��S�� of�'�ii,�.zz� �CJ�c ' Y1V�S�t�a (Officer/Individual) (Name of Organization) being first duly sworr�, 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. Si atur � p lican P ncipalOfficer) Subscribed and sworr� to before me this ��day of Zln-�� , 20 � � �a�►aa�►� � ' JUDITH i�, N�LLY (Signature) ��.�TA :rr►'� �'�embo�,�a.st.�t6 e1Aalrm Regular Meeting of the Golden Valley Planning Commission June 13, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, June 13, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes and City Planner Joe Hogeboom. 1. Approval of Minutes May 9, 2011 Regular Planning Commission Meeting MOVED by Cera, seconded by Kluchka and motion carried to approve the May 9, 2011 minutes as submitted. McCarty abstained from voting per his absence on May 9. 2. Informal Public Hearing — Conditional Use Permit Amendment— 800 Boone Ave N — CU-119 Amendment#2 Applicant: DRAM Properties (Legacy Adult Daycare Inc.) Purpose: To allow for the expansion of the existing adult daycare use within the same building for property located in the Light Industrial Zoning District. Grimes introduced the applicant and explained that the applicant intends to expand the adult day care facility at 800 Boone Ave. The expansion would allow the facility to eventually hold 265 persons, as per State requirements. Grimes stated that the existing CUP only allows the facility to serve up to 70 clients or the amount that is specified by the State. He stated that the applicant has another adult daycare facility in Golden Valley. The facility on Boone Ave opened in 2007. Grimes explained that one of the tenants in the building, Leeds, Inc, recently vacated 12,500 sq. ft. of space allowing the daycare business to expand. Waldhauser asked if there are immediate plans to accept new clients to the facility. Grimes said that he believed there were not and suggested that the Commission discuss that matter with the applicant. McCarty questioned why an Inflow and Infiltration inspection was required for this current amendment but was not required for the original Conditional Use Permit approval. Grimes stated that policy was not in place at the time of original approval that required Inflow and Infiltration inspections to be completed. McCarly asked Grimes to clarify the inspection process and timeline. Grimes explained that once the records of the inspection are reviewed by the City, the City may request immediate action to correct faults in the sewer line, or it may allow the applicant to deposit escrow funds for later correction. Grimes stated that the matter is handled by the City's Public Works Department and is not a zoning issue. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 2 Kisch questioned how the State determines the maximum number of clients the daycare facility can be licensed for. Grimes stated that the total occupancy Ioad for the building is determined by the State Building Code and that the occupancy load for the daycare facility is determined by the Minnesota Department of Human Services. Grimes explained that building size, number of employees and number of bathroom facilities factor into that decision. McCarty asked if the Conditional Use Permit is valid for the entire building or only the portion currently occupied by Legacy Adult Daycare, Inc. Grimes stated that the current Conditional Use Permit is valid for only the original space occupied by Legacy Adult Daycare, Inc., but the amendment will validate the Conditional Use Permit for the entire building. Kluchka inquired about the need to limit the number of clients in the Conditional Use Permit. Grimes stated that the number of clients could be removed from the Conditional Use Permit, as it is regulated by the Building Code and the Minnesota Department of Human Services. Segelbaum stated that he feels that the total number of clients should not be stated in the Conditional Use Permit. Kluchka asked if there is a need for a designated bus parking area on the site. Grimes stated that the occupant has expressed an interest in creating a drop-off area for busses on the site but that no loading area will be constructed on the street. Kluchka questioned if there is need to address bus storage in the Conditional Use Permit. Grimes stated that he feels that is not necessary and that he has not seen bus parking to be a problem on the site. Randy Engle, architect with Buetow and Associates, Inc., introduced himself and stated that he was hired by the property owner to create plans for the daycare expansion. Engle stated that the occupancy load of the building is determined by the calculation of 35 sq. ft. per client as well as the number of plumbing features on the site. David Olshansky, president of DRAM Properties, Inc., introduced himself and described his business model. He stated that the business serves mostly elderly Southeast Asian immigrants between the hours of roughly 9 am — 3 pm, Monday through Friday. Olshansky stated that the facility currently serves around 70 total clients, but all clients are not typically in the building at the same time, as the daycare service offers frequent client field trips to shopping centers, casinos, the YMCA, and other destinations. Segelbaum asked if there are any logistical concerns of adding more clients to the facility. Olshansky stated that the building can accommodate more people, so he does not anticipate any logistical issues related to the proposed expansion. Olshansky also stated that there are multiple entries into the building, so clients do not have to wait to enter the facility when they are dropped-off. Waldhauser asked if there were any plans with the east end of the property. Olshansky stated that he intends to develop a garden for clients in that location. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 3 Kisch asked if the site frequently holds parties and banquets and if the client load increases would the number of parties also increase. Olshansky estimates that the site holds approximately eight banquets per year, and that he has no plans on increasing the number of banquets at the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka stated that the he supports removing reference to the number of clients served in the Conditional Use Permit language, instead replacing it with language that defers the maximum client load to the Minnesota Department of Human Services. Cera asked if there were any issues or concerns with the banquets that are held on the site. Grimes stated that there have not been any issues because the banquets serve only clients and employees of the business. Grimes stated that banquet facilities that are open to the public are prohibited in the Light Industrial Zoning District. Waldhauser questioned the outside storage facilities and dumpsters on the site and questioned the applicant's plans regarding screening. Grimes stated that the dumpster must be screened, and that he has required that the temporary outside storage facilities be removed from the site by August 1. Kluchka asked for clarification about whether or not the Conditional Use Permit applies to the entire property or just the portion of the property currently occupied by Legacy Adult Daycare. Grimes noted that the Conditional Use Permit amendment will make the permit applicable to the entire property. Kisch asked if another adult daycare business could occupy at the location under the current Conditional Use Permit. Grimes stated that it could. Grimes also stated that the building could be used for other uses permitted in the Light Industrial Zoning District if Legacy Adult Daycare vacated the premises. Segelbaum recited the ten factors in City Code used to determine findings for a Conditional Use Permit. Grimes suggested adding bicycle parking as a requirement to the Conditional Use Permit. The Commission agreed with this suggestion. MOVED by Kluchka, seconded by McCarty and motion carried unanimously to recommend approval of amending Conditional Use Permit CU-119, 800 Boone Ave N., to allow for the adult daycare center to serve a total number clients specified by the Minnesota Department of Human Services subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The Golden Ballroom sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. Minutes of the Golden Vailey Planning Commission June 13, 2011 Page 4 3. The adult day care shall be limited to the amount specified by the Minnesota Department of Human Services. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1 2011. 9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, DRAM Properties may post an escrow in a form approved by the Director of Public Works of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time the City has the right to use the escrow to complete the work. 10. The applicant will provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12. All other applicable local state and federal requirements shall be met at all times. The Planning Commission bases its recommendation on the following findings: • The proposed expansion of adult daycare at this location is consistent with the General Land Use Plan map and zoning for this area. • There is an increasing need for adult daycare services, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. • Legacy Adult Daycare is an experienced provider of adult daycare services. • The site provides adequate parking, access and amenities for the clients and office uses in the building. 3. Informal Public Hearing —Zoning Code Text Amendment—Amending Variance-Related Language in Section 11.90: Administration of City Code — ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties." Minutes of the Golden Valley Planning Commission June 13, 2011 Page 5 Hogeboom discussed recent legislation that changes standards for granting variances. He stated that, in response to a 2010 State Supreme Court decision, a new law was enacted that enables cities and counties to grant variances to zaning regulations based on "practical difficulties." Hogeboom stated that practical difficulties exist if: • The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • A variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan. Hogeboom explained that the section of City Code that regulates variances must be updated to reflect the new variance law. Segelbaum stated that he believes the City Code language should include the four qualifiers for a practical difficulty, stated by Hogeboom. Cera agreed and stated that City Code would be more understandable to property owners if it incorporated the bullet points. Kluchka inquired if ordinances and City Code revisions are proof-read by those not affiliated with the City to ensure that they are comprehensible and well-understood. Grimes stated that this does not occur, but the City's Communication Coordinator reviews the documents and provides feedback as needed. McCarty questioned the timeline for variances, and asked for clarification on what qualifies as an "other action" in the one-year time period in which a property owner must act on a variance Order. Hogeboom stated that "other actions" are typically viewed as applications for permits. McCarty requested that this item be clarified by the City Attorney. Segelbaum questioned the appeals process for a variance ruling and asked when a property owner can act on a variance that is granted. Hogeboom stated that a variance can be acted upon following the receipt of the Final Order of the Board of Zoning Appeals. The Final Order is typically mailed within a few days following a Board of Zoning Appeals meeting. Segelbaum questioned how a property owner can act on a variance ruling several days after a Board of Zoning Appeals meeting when an aggrieved party, presumably a neighbor, has up to 30 days from the mailing of Final Order to appeal a variance ruling. Hogeboom stated that he believes there is a legal reason for the timeframe. He will discuss this matter with the City Attorney and report back to the Planning Commission at the next meeting. Cera requested that the written and parenthetical numbers in the Ordinance be consistent. MOVED by Segelbaum, seconded by Kluchka to recommend amending Section 11.90: Administration of City Code and incorporate the following: Minutes of the Golden Valley Planning Commission June 13, 2011 Page 6 • Better define the definition of"practical difficulties." • Make consistent the written and parenthetical numbers in the code language. • Review and possibly modify reference to "other actions" in Section 11.90, Subd. C. Paragraph 3. • Determine if language in Section 11.90, Subd. C, Paragraph 2 should be modified to reflect a more streamlined timeline for a variance appeals process. Upon further discussion, the Planning Commission voted to table the action to allow staff to better address the above questions. MOVED by Segelbaum, seconded by Kluchka to withdraw the motion. MOVED by McCarty, seconded by Schmidgall to table amending Section 11.90: Administration of City Code to the June 27 Planning Commission Meeting and direct staff to: • Better define the definition of"practical difficulties." • Make consistent the written and parenthetical numbers in the code language. • Review and possibly modify reference to "other actions" in Section 11.90, Subd. C. I'aragraph 3. • Determine if language in Section 11.90, Subd. C, Paragraph 2 should be modified to reflect a more streamlined timeline for a variance appeals process. 8. Other Business Hogeboom announced the upcoming open houses for both the Bassett Creek Regional Trail planning and the Bottineau Transifinray planning, both taking place on June 14. Waldhauser announced the upcoming Wirth Park Improvements meeting also taking place on June 14. Waldhauser requested that staff clarify "findings" and what the Commission should cite as findings for upcoming issues. Hogeboom will discuss with the City Attorney and report back to the Commission at the next meeting. 9. Adjournment The meeting was adjourned at 8:45 pm. David Cera, Secretary JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of June 1, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Jeannine Clancy, Public Works Director Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Water and Sewer Superintendent, Crystal Guy Johnson, Director of Public Works, New Hope Bernie Weber, Utilities Supervisor, New Hope Other Mark Hanson, Bonestroo Minutes of Mav 4, 2011 MOVED by Norris, seconded by McDonald, and motion carried unanimously to approve the minutes of the May 4, 2011 meeting. Summarv of Mav 11, 2011 Tri-Citv Council Meetinq and Review Next Steps A meeting was held with the three city councils represented by the Joint Water Commission (JWC) to discuss an alternative water supply. Tom Burt reported that the meeting involved discussing the need to consider development of wells as a backup water supply and adopting a resolution if that was agreed upon by the three city councils. City councils would like more explanation before adopting a resolution. A discussion by the JWC follows below. MOVED by Norris, seconded by McDonald to receive and file the minutes of the Tri-City Council meeting of May 11, 2011. The motion carried unanimously. Preparation of Cost Estimates and Timeline for Wells A number of issues will need to be addressed prior to developing cost estimates and timeline (such as identification of well sites, emergency supply options, connecting wells to the JWC existing water supply system, test wells, etc.). At this time, the JWC will not ask city councils to adopt a resolution; however, the TAC will move forward and develop a scope of work for the program. The emergency backup supply plan will be part of the CIP and presented to the city councils as the study pragresses. New Hope presents the JWC CIP to its city council for information and suggests distributing the costs over a 5-year period. Joint Water Commission June 1, 2011 Page 2 of 3 Authorize Aareement with Bonestroo for Preliminarv Desiqn/Feasibilitv Report in the Amount of$63,940 Hennepin County is proposing new utility locations. This plan suggests reducing the JWC 36-inch transmission main to 24 inches for the CSAH 9 reconstruction project. The County's new proposal would reduce the total cost and allow the JPC pipe to be built in the center of CSAH 9 right-of-way. The proposal from Bonestroo was prepared and submitted prior to the County's new recommendations. Bonestroo will revise its proposal to include the reduced pipe size to 24 inches and the new pipe location. The water agreement between the JWC and the City of Minneapolis specifically states that parties agree to an off-peak schedule and the JWC will need to discuss any proposed changes to the schedule with Minneapolis. Further, the JWC will need to determine whether it is in the JWC's best interest to change the pipe size. Additional areas to discuss with the County include how much the pipe can be increased above the 24-inch proposed, cost sharing, and removal of the 36-inch pipe. The County does not want to design utilities. Bonestroo is willing to approach the City of Robbinsdale on behalf of the JWC to discuss the JWC utilities and sewer design. Jeannine Clancy was directed to contact Robbinsdale Public Works regarding this issue. MOVED by Norris, seconded by McDonald, to authorize agreement with Bonestroo for preliminary design/feasibility report for an amount not to exceed $90,000, and discuss the option of the reduced pipe size with Minneapolis. The motion carried unanimously. Authorize Golden Vallev Citv Manaaer to Sian Aqreement for JWC Golden Vallev Pump House Air Conditioninq Proiect (not to exceed $20,000) MOVED by Norris, seconded by McDonald, to authorize Golden Valley City Manager to sign agreement for the JWC Golden Valley Pump House air conditioning project for an amount not to exceed $20,000. The motion carried unanimously. U�date on Meterinq of Intake Water at Golden Vallev A memo was sent to Bernie Bullert, City of Minneapolis, reporting on the volume flow testing completed on the Golden Valley metering intake vault and reservoir on the 16-inch intake line. After the first volume test, the reservoir level was at about 10 feet when measured. The accuracy of the meters was recorded at about 99.7%. Clancy will forward the memo to the JWC. Discussion ReaardinA Julv Meetina (Clancv) A number of people will be out of the office during the week of July 4. The consensus was to move the next JWC meeting to July 13 at 1:30 pm. Joint Water Commission June 1, 2011 Page 3 of 3 Other Business The original budget for professional services for pipe design was $40,000 that included $17,500 for Bonestroo to prepare the proposal. To date, Bonestroo has been paid $13,125. Therefore the TAC is requesting the JWC to approve the increase and pay Bonestroo $8,150 for the work over and above the original scope of work. MOVED by Norris, seconded by McDonald, to amend the budget to $48,150. Motion carried unanimously. Next Meetin�t The next meeting will be Wednesday, July 13, 2011. Adiournment The meeting was adjourned at 2:15 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Administrative Assistant Golden Valley Human Services Foundation (GVHSF) Meeting Minutes June 13, 2011 Present: Dan Blumb, Hilmer Erickson, Chris Monroe, Connie Sandler and Toats Vodovoz. Also present: Jeanne Fackler, Staff Liaison. Not Attending: Brenda Hayle, Elissa Heilicher, and Diane Nimmer Call to Order: Chairman Sandler called the meeting to order at 6:38 p.m. May 9 minutes: Erickson moved and Vodovoz seconded the motion to approve the minutes of May 9. The motion passed unanimously. GVHSF Name: Members discussed changing the name of the GVHSF. Suggestions include: GV Good Neighbor Fund, GV People Helping People Fund, and GV Human Services Fund. Erickson moved and Monroe seconded the motion to table the item was tabled until the July meeting. The motion passed unanimously. Upcoming Events: Golf Classic-Friday, July 15th: Sponsors include Preferred One, Best and Flanagan, WSB, SEH, and an anonymous donor. Brochures and posters have been sent. Erickson will take posters and brochures to local businesses. Vodovoz will assist with check-in, Sandler and Heilicher will assist with the lunch. Members were encouraged to solicit for prizes. Taste of Golden Valley: The Commission discussed the event and want the event to continue. Sandler will contact The Metropolitan, Blumb will contact GV Country Club for fee and possible dates. Ideas discussed: Raising the ticket price to $25; Contacting the VFW or Legion to sponsor a raffle portion of the evening; Give tickets away at city events i.e. Neighborhood Watch meetings; and Contact restaurants who have participated previously. Sandler will ask the Community Foundation Board if they would like to partner on this event. Members are asked to bring ideas to the July meeting for alternative fund raising. Other Business: Community Foundation:The papers have been submitted. Brochures were available for Valley Days. Plans are to send a solicitation letter to residents in the fall. Goal is to raise $125,000 in 2011. GV 125th Anniversary: Vodovoz is the GVHSF representative. Many events are being planned by the group. It was decided that the Golf Tournament would not meet the criteria set by the 125th Committee. By-laws Review: Several changes to the by-laws were discussed. Suggested changes will be sent to members for review at the July meeting before being sent to the Council for approval. Solicitation letter. The GV Community Foundation will mail the solicitation letter. Application for Funding: Members were given the appiication for funding and asked to review. Bring suggestions for changes to the July meeting. Application will be posted on the website late July. Adjournment: Erickson moved to adjourn the meeting, Blumb seconded the motion. The meeting was adjourned at 7:35 p.m. RespectFully submitted, Jeanne Fackler, GVHSF Staff Liaison From: Dan &Julie]ohnson [mailto:dandjj@comcast.net] Sent: Tuesday,July 05, 2011 7:34 PM To: Loomis, Linda; Freiberg, Mike; paula.pentel@goldenvalleymn.gov; Scanlon, DeDe; Shaffer, Bob Subjecta Re-zoning of Harold Avenue Dear Mayor and Council Members, My family and I live on Edgewood Avenue North, just south of highway 55. A couple weeks ago I attended the Harold Avenue re-zoning open house. There was a lot of good information but I still remain unconvinced that adding more people and cars to this small, congested area is a good idea. I travel through this area almost daily and cringe at the thought of doing away with the nice residential feel this street has and completely changing the feel and use of the whole neighborhood. Someone at the open house had talked about the need for removing run-down houses. When I drive on Harold and look around all the houses look well maintained. None of them appeared to be an eye sore. Also, anyone who drives in this area during rush hour knows how much the traffic backs up on Winnetka and Glenwood. We drive to Brookview for piano lessons every week and just crossing Winnetka after work is a challenging proposition. My daughter, who is a new driver, is very intimidated to attempt the drive to piano for this reason. In the winter it's even worse. Our kids are in the Hopkins School District. Since highway 169 gets snarled with traffic, we use Winnetka daily to get to North Junior High and the High School. Taking a left onto Winnetka during rush hour, which is when we're usually going, is a difficult proposition now. I can't imagine what it would be like with more traffic. Some of the city consultants had talked about accomadating more traffic on Winnetka. I don't think packing more traffic on Winnetka is a very appealing proposition. I'd rather not add to the traffic in the first place. Also, Lions Park is a very nice park. It is well used but I'm not sure it can accomodate a large influx of more people in the surrounding neighborhood. Anyway, I would not support re-zoning the Harold Avenue area and feel very strongly about it. I like the feel of the area now - adding more people, cars and congestion would ruin that area. It's not just the people in the immediate area who are affected. It's others like us who use Lions Park and travel through the neighborhood daily who would be negatively impacted. There must be other, more practical areas the city could develop if they really feel the need. Thank you, Julie Johnson 300 Edgewood Avenue North Cit 'o� o � en a e P � Pub�� Safety Police Department � 763-593-8079/763-593-8098 (fax) � Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 3. F. Authorization to Sign Amended Agreement with Breck School for Community Service Officer Prepared By Stacy Altonen, Chief of Police Summary In 2009 the Police Department entered an agreement with Breck School to provide traffic control during school days in exchange for reimbursement for the salary and benefits of a full- time Community Service Officer. This agreement period expires September 30, 2011. Breck School officials have requested the agreement be extended through the 2011-2012 school year. Although paid for by Breck School, the Breck School Community Service Officer is an employee of the City, subject to the terms and conditions of employment with the City, and under the chain of command of the Police Department. Attachment Community Services Officer Agreement (3 pages) Recommended Action Motion to authorize the Mayor, City Manager and Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2011-2012. COMMUNITY SERVICE OFFICER AGREEMENT This Community Service Officer Agreement ("Agreement") is made by and between the City of Golden Valley and Breck School ("Breck School"), pursuant to P.U.D. No. 88, Paragraph C(2). NOW, THEREFORE,be it resolved that the parties to this Agreement agree as follows: 1. PURPOSE: The purpose of this Agreement is to define the duties and responsibilities of the City of Golden Valley, its Police Department, and Breck School in the operation of the Community Service Officer Program. 2. TERM OF AGREEMENT: The term of this Agreement shall be for the 2011-2012 Breck School Year, beginning upon execution of this Agreement. The Agreement may be continued, canceled or modified at the end of the 2011-2012 Breck School Year. Breck School is obligated to notify the City of Golden Valley of its intention to continue, cancel or modify this Agreement at least(90) days prior to its termination. 3. PERSONNEL: The Chief of Police shall staff a community service officer to fill the position of Breck School Community Service Officer (the "Breck School CSO") during the term of this Agreement. 4. CHAIN OF COMMAND: Any individual serving as the Breck School CSO shall be a full-time employee of the City of Golden Valley and shall report to the Chief of Police or his/her designee regarding all law enforcement and employment related matters; and shall receive assignments to particular duties from the Chief of Police or his/her designee. The City of Golden Valley shall provide training to any individual serving as the Breck School CSO for his/her assigned duties including traffic control skills training and sha11 provide traffic control skills training to any other CSO providing traffic control services to Breck School on a regular basis. 5. WORK DAYS: The Breck School CSO shall work at Breck School providing traffic control services from a time period starting forth-five minutes prior to the school start time until fifteen minutes after the start of school time both as determined by the Breck School and fifteen minutes prior to the school end time until thirty minutes after the school end time both as determined Beck Schools, everyday school is in session, which times shall be adjusted as necessary in the event inclement weather or other events delay the school start time or cause early release. Any officer serving as a Breck School CSO shall make the appropriate arrangements for time off, vacations and holidays, etc. in accordance with the police collective bargaining agreement. 6. ABSENCE FROM WORK: In the event that the Breck School CSO is sick or has other unplanned absences, he/she shall notify BOTH the Breck School in accordance with their policy, and the police department in accordance with their policy. The police department shall attempt to provide officer coverage when the Breck School CSO is not available for duty. Requests for floating holidays shall be made to the police department for approval, and notification sha11 be made by the Breck School CSO to the appropriate personnel of Breck School. 1 7. TRAFFIC CONTROL: The Breck School CSO shall, twice per day at the times described in Section 5 herein, on all days when school is in session during the term of this Agreement provide traffic control services to Breck School. In addition, the City of Golden Valley shall provide a second CSO (the "Second CSO") twice per day at the times described in Section 5 herein, on all days when school is in session during the term of this Agreement to provide additional traffic control services to Breck School, the cost of the services of the Second CSO shall be borne by the City of Golden Valley. In the event of an unscheduled employee absence of either the Breck School CSO or the Second CSO, the City of Golden Valley shall attempt to provide alternate coverage; however, Breck School is aware that when there is an unscheduled employee absence, that two CSOs may not be available for the traffic control duty described herein and such absence shall not in any way be a breach of this Agreement. 8. DRESS CODE: This position is a uniformed position and the police department shall supply appropriate uniforms and equipment for CSOs providing traffic control services at the Breck School. 9. HANDLING OF POLICE RELATED INCIDENTS: Criminal activity and incidents normally handled by the police shall be dealt with by the Breck School CSO or alternatively the Second CSO in accordance with police department policy, state and federal law, and generally accepted police practices. The City of Golden Valley shall be liable for the acts of its ofFcers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the Breck School, its officers, employees or agents. 10. SCHOOL DISCIPLINE: Neither the Breck School CSO nor the Second CSO is part of the disciplinary team of Breck School, and neither shall normally become involved in discipline issues or the enforcement of school rules except as they relate to maintaining a peaceful and safe environment at Breck School. 11. LIMITATIONS. The provisions of Minn. Stat. Section 471.59, the Municipal Tort Claims Act, Minn. State Chap. 466 and other applicable laws govern liability of the City of Golden Valley and the Breck School. 12. COMPENSATION AND COST SHARING: It is agreed that Breck School shall reimburse the City of Golden Valley for the Breck School CSO's salary and benefits for the full- term of this Agreement. This shall include any overtime incurred by the Breck School CSO for attendance at extracurricular activities at Breck School when his/her attendance is requested by Breck School and such work is outside of the Breck School CSO's working hours as described at Paragraph 5. In a manner that is mutually acceptable to the parties to this Agreement, the City of Golden Valley shall bill Breck School periodically for the services provided by the Breck School CSO, but no less frequently than on a monthly basis, and Breck School shall promptly reimburse the City of Golden Valley in a manner mutually agreed upon by the parties to this Agreement. 2 13. GOVERNING LAW. The Agreement shall be govemed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflicts of laws. All proceedings related to this Agreement shall be venued in Hennepin County. This Agreement may only be modified by the mutual written Agreement of the parties. Dated this 20th day of July, 2011. CITY OF GOLDEN VALLEY BRECK SCHOOL Mayor, Linda R. Loomis City Manager, Thomas D. Burt Police Chief, Stacy Altonen 000090/480568/1107962_2 3 Git: of o �n a e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary for Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 3. G. Resolution for Minnesota Department of Transportation FY 2013 Metro Municipal Agreement Program for Improvements to TH 55 and Winnetka Avenue Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineering Technician Summary Overview Over the past year, City staff has been actively engaged in the planning and development efforts in the area along Harold Avenue between Winnetka Avenue and Glenwood Avenue. Based on proposed changes in zoning and a potential redevelopment, identifying the long- term plan for this area has been an ongoing process. In response to the zoning changes, the City retained Short Elliott Hendrickson, Inc. (SEH) to prepare a traffic study for the rezoning of the lots along the north side of Harold Avenue between Winnetka Avenue and Glenwood Avenue. In the SEH report, the intersection of Winnetka Avenue and TH 55 is identified as an intersection with existing operational challenges. This spring, Mn/DOT began installation of fiber optic communications lines along TH 55 to support improved real time traffic information and traffic signal coordination. This summer, Mn/DOT will be using the new communications network when it implements a new traffic signal timing plan for TH 55 from Theodore Wirth Parkway west to Arrowhead Road in Medina. Between the traffic study identifying operational challenges at Winnetka Avenue and TH 55 and Mn/DOT's tra�c signal retiming project for TH 55, the area is poised to benefit from all the non-geometric changes to the intersection that are feasible. While these changes may help relieve the existing traffic issues, a long-term, geometric change is needed to fully realize operational benefits. Mn/DOT has no programmed geometric changes for the intersection of Winnetka Avenue and TH 55 in its short- or long-term plan. Therefore, it is only under the City's initiative that any improvements will be implemented. In early June of this year, Mn/DOT announced a potential funding source for the needed improvements through its Metro Municipal Agreement Program. The Metro Municipal Agreement Program (MMAP) provides funding for construction projects that are developed and administered by local agencies that provide a benefit to both the local community and the trunk highway system. The funds are intended to pay for a portion of the construction costs of a project. In FY 2013, the program has $4 million dollars allocated for projects. The maximum award for any single project is $650,000 for construction, plus 8% for construction engineering and inspection, for a total of$702,000. Project selection will occur in November 2011 with the funds becoming available July 1, 2012. Project Coordination During the summer of 2012, Harold Avenue is scheduled to be reconstructed as part of the pavement management program (PMP). The western limit of this project is Winnetka Avenue which is within the proposed project at Winnetka Avenue and TH 55. Since the MMAP funding becomes available July 1, 2012, it is conceivable that the work at TH 55 and Winnetka Avenue could be done during the same summer as the PMP work. While the two different p.rojects may be completed under two diffierent contracts, the disturbance to the residents and traffic would be limited to one construction season. Support for MMAP Submittal City staff has spoken with the Mn/DOT consultant that is developing the new traffic signal timing plan for the entire TH 55 corridor. In discussing the proposed change at Winnetka Avenue, the consultant noted that this modification would be a significant improvement and would benefit traffic signal timing along the TH 55 corridor through Golden Valley. Existing congestion at the intersection is currently driving some of the constraints that are put on potential improvements to the traffic signal coordination. City staff is in the process of contacting Mn/DOT and County engineers to gain their feedback and insight into this potential project. It is anticipated that other agency staff members will support this project based on its benefit to tra�c operations and accommodation for future redevelopment opportunities. City Participation The MMAP includes a cost split between the local agency and Mn/DOT that includes City funding of 40% of the project costs. It is anticipated that Golden Valley will utilize Municipal State Aid construction funds for its portion of the construction costs. State Aid Funds and Future State Aid Projects At the last Council/Manager meeting, Council requested a status report on State Aid roads. Public Works and Finance staff have developed the attached upcoming Capital Improvement Exhibit for the Municipal State Aid Street Capital Project Fund (5100). The exhibit has an estimate for Harold Avenue in the amount of$1.5 million. While the Feasibility Report has not completed, the cost estimate was developed based on soils data, input from a neighborhood meeting, and a preliminary level design. The exhibit also shows revenue from the MMAP in 2013 for work on Winnetka (between TH 55 to Brookview Parkway), i.e., listed as MMAP Agreement (MN/DOT) —Winnetka/55. Funding from MMAP is distributed to the City after the work is complete, which would most likely occur in 2013. Again, please note that if Winnetka and Harold is not selected for MMAP funds, the prvject will be dropped from the CIP until another funding source can be identified. The exhibit also shows the status of the Municipal State Aid (MSA) Account for funds held at Mn/DOT until a project is approved for construction. As of January 1, 2011, the City's balance was $1,535,441. On an annual basis, the City receives an allocation for maintenance of State Aid designated streets. The City also receives an allocation for construction of MSA streets that is provided by Mn/DOT as reconstruction occurs. The City has approximately 23 miles of streets designated as MSA routes. Approximately 10 miles have been reconstructed to City/MSA standard since 1991. Please note that only MSA streets over 20 years old are eligible for reconstruction funding. Several other sections have been constructed to City/MSA standard, but were constructed prior to 1991. The following MSA streets (with estimated 2011 street reconstruction estimates) are the highest priority for reconstruction as funding is available based on pavement condition, traffic volume, and coordination with the City's PMP: 1. Harold Avenue (Winnetka to Glenwood) scheduled for 2012. Estimated MSA eligible construction costs of$1.5 million. 2. Winnetka Avenue (TH 55 to Brookview Parkway) scheduled for 2013, pending MMAP funding approval. Estimated MSA eligible construction costs of$575,825. 3. Zane Avenue from TH 55 to Golden Valley Road and Lindsay Street from Zane Avenue to Lilac Drive. Estimated MSA eligible construction costs of$3,500,000. 4. Duluth Street from just west of Aquila to Winnetka Avenue. Estimated MSA eligible construction costs of$850,000. 5. Zenith Avenue from Golden Valley Road to 26th Avenue. Estimated MSA eligible construction costs of$650,000. Attachments Draft Letter to Gregory Kern, Mn/DOT, Regarding FY 2013 Municipal Agreement Program Solicitation (23 pages) City of Golden Valley 2012-2016 CIP City State Aid Capital Project Fund (Fund 5100) Exhibit (1 page) Resolution Authorizing a Minnesota Department of Transportation Municipal Agreement Program Submittal for Intersection Improvements at Winnetka Avenue and Trunk Highway 55 (1 page) Recommendation Motion to adopt Resolution Authorizing a Minnesota Department of Transportation Municipal Agreement Program Submittal for Intersection Improvements at Winnetka Avenue and Trunk Highway 55. 1 �� ^ � : � f, . , . � a � �'�' � � t 6. a :��... �luly 91, 2011 Mr. Gregory Kem, PE Metro District, Sta#e Aid Office Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 Subject: FY 2013 Municipal Agreement Program Solicitation Dear Mr. Kern: Enclosed pfease flnd Goiden Valley's submittal for the FY 2013 Municipal Agreement Program for#he geometric and operatianal improvements at the intersection of Trunk Highway 55 and 1Minnetka Avenue{Hennepin County Highway 156 to the north, Minnesota State Aid Route 331 to the south). A�u{ti-agency Partnership Galden Valley has led the effort to b�ng MnDOT and Hennepin County together for this project that will benef'�t all users, both motor�zed and non- motorized, at the intersection. The proposed project provides benefits in aU four of the municipa! agreement program investment categories, but will primarily benefit the operatton of TH 55, especially du�ng the peak hours. All af these benefits are described on the one page summary of the project. l.etters of support from both MnDOT and Hennepin County are also included in the submittal. This pro�sed project has been the culmination of work by�th the City and MnDOT that start�! nearly a year ago. The initia� need for improvements to the Winnetka Avenue intersection with TH 55 wras iden�Ified in a traffic study conducted by SEH, fnc. in the fal!of 2010. Thafi tratfic study, rrt�ith the propos� geometric changes, is included vvith this submittal. Project Benefits The potential operational improvements of this project were analyzed in the spring of 2011 by MnDOT's TH 55 signal retiming and c�rdination G:IAMDOTIFY 2013�Aeiro MunlcipallTH 55 and 1Mnne&a1Ar1MAP Reque�i Cover Letter dVtka.d� consultant, Alliant Engineering, Inc.. Alliant Engineering's findings based on the proposed geometric changes are included writh this submittal. Of primary interest is the reduction of intersection delay by 13% between 3:30-6:OQ PM and a 9% reduction between 6:45-8:30 AM as a result of the proposed geometric changes. Project Coordination In the summer of 2012 Harold Avenue between Winnetka Avenue and Gienwood Avenue will be reconstructed as part af the City's Pavement Management Program. If the Vllinnetka Avenue and TH 55 project is selected for iunding, it potentially could be constructed in the summer of 2012 simultaneously with the Haroid Avenue project. In 2009 CenterPoint energy completed its inspection of#he main gas line that runs north-south through the intersection of NVinnetka Avenue and TH 55. With this inspection being complete, it is not anticipated that any other major utility work will be taking place in the intersection within the near future. Costs and Financing The estimated project costs and funding splits are summarized as foilows: Item Total MnDOT Local Constr�ction $ 943�509.50 $ 650,OQ0.00 $293�509.50 Engineering and $ 242,965.11 $ 52,OQ0.00 $ 190�965.11 Ins ction 19% Contin enc 7% $ 88,35Q.95 $0.00 $ 88,350.95 Total $ 1,274,825.5fi $702,000.00 $ 575,825.�6 Golden Valley is requesting the maximum funding amount of$702,000 ($650,000 for construction plus 8%for t�nstruction engineering and inspection). FuNy funding this project avill enable the City to move forward with an anticipat� construction date of summer 2012, providing a quick retum on investment for the State and minimizing the disruption to the neighborhood as part of other planned City construction activities. Local Camn�itment The Golden Valley City Council has passed a resolution supporting this project and committing local resources for funding construction, should the t3:1AMDOTIFY 2013 Me1ro WlunidpallTH 55 and WinnetkelMMAP Request Cover Letter Wika.dac project receive funding from MnDOT. The resalution of sup�rt is included in this submittal. If you have any questions, please feel free to contact me at 763.593.8030. Sincerely, Jeff Oliver, PE City Engineer C: Jeannine Clancy, Director of Public Works Jim Gn.�be� Hennepin County Tom Br�r#, rity f�lanager Sue Mason, SEH Inc. Mike Kotila, SEH Inc. G:1MnDOT1FY 2013 Metro MunlciRanTh!55 and{MinnetkalMAMP R�usst Cov�Letter W&a.doc , � �. Hennepin Coun�yTi�nsportatlon Department � � 18t�}PraPrie Dr�ne b12-59b-0300,Phone � � �+Aedine,MN 55340-5+421 763-478�WOO�FiA}f �; 783-478 4030,TDb JUne 2$, 201'1 www.hennepin.us Jeannfne Clancy �`�� Directar of�'ublic Works �1U�. O 1 201t Cit�+of Gotden Vall�y. 78�q Golden Valley Rc�ad B�: Golden Valiey, MN 55427 Subjecfi Metro Municipal Agreement Program Solicita�don Int�rr�seectian of CSAH 158, MSAS Route 331 (Vtiinnetka Avenu�)and TH 55 Go�Cien Valiey, Nlinnesota Dear Ms.Clancy: Thank for you for taking the lead in submitt�ng thie applic�fian to the Metro Municipal Agr�ement Program for#h�r impork�nt praject at the inter�eectian of CSAH 15�, �ISAS route 331 (W'mrretka Avenu�)and TH 5S. Hennepin Cour�ty r�gnizes that th� � intersec�on has existing operatianal conc�ms and that the best w�y tr� improve the c�nditions at this intersection is through implementa�on af geometric changes. Flennepin Caur�ty has previau�ly made ef�ort�to improve the operation of i�nne�ca Avenue between TH 55 and Gaiden Valley Road. This year the Cour�ty turned over r�perat3c►nal responsibilities of the traffc sign�l at Winneticaa Avenue and Golden Valley Raad ta MnDOT so th�t improved trafflc signal coordination c�uld be establ�shed befinreen the finro intersections. While�tis troorcllna�ion w�ll help to improve traff�c�perations,tt� ` existing geometric c�ndi�ans af 1Mnne�CCa�,venue and TH 55 are a constra�ning factor on the ful! bene�it thet c:ou� be �afized trom th�traffic sign�l coordina�on. The proposed geometric modiflc�fions, alor�g v+�th tfie subs,�quent changes to the signal`s opera�on,wlll help to improve tr�f�c operatians an Winnetka Avenue durinq both'�e peak and aff-peak hours. Hennepin County fully suppo�ts Gcid�n Vslley's applir�tidn for t�e propa� improvem�rrts 1�i�e irrter�ian of CSAH 1�61NISAS Rvuie 331 (V�innetka Avenue}arnd TH 55. Tt�e Gounty bak�farwa�d ta�rorkir�g with MnDOT end Go�ien Vaqey#o c�n�truct th�s project in 2�1 Z ff�is s�fected far funding. Sincerely, . Jame� N. Gruba, PE Direcfar c�F Trar�portetion and County Engin�r JNGJsew TH 55 a#Winnetka Avenue(Cou�t Highway 156)Project Summary Preservation The TH 55 c�rridor within Golden Valley is not scheduled for any major operat(onal changes for at least the next ZO years.The proposed project will provide a benefit to the entire TH 55 corridor through Golden Valley while not signlfilcantly expanding or modifying the existing intersection.Some t�affic signal poles will need to be relacated and repiaced as part of this project. In essence,this project maximizes the use of the existing pavement,adds an additional lane departing the intersectian,and in doing sa will pravide increased capacity and impraved operation for the intersectian and the corridar.This wark will provide benefits to a corridor that has no major proJects currently scheduled in the next 20 years. I m orove Safetv The proposed project will improve the safety o#the intersection as It will remove sorne of the confusion that exists in the southbaund through lane that drops abruptly at Harold Avenue.The new con�iguration wiil also provide for exclusive left turn movements by removing the existin�shared/left tum lanes,thus becoming a more standard layout for an intersection.The proposed praject wil)also remove ex€sting clriveway access points along Winnetka Avenue,between TH 55 and Harold Avenue.The commercial areas north of TH 55 around the Winnetka Avenue intersection generate a lot of traffic to and from TH 55. Reducing the queue lengths will help improve sight distances forvehicles entering and exiting the driveways to the commercial areas. Improve NAobifitv The proposed project will improve the mobility on bath TH 55 and along Winnetka Avenue.The new configuration,with the additional through lane,will not only increase capacity,but it will also remove the existing split phase avhich will allow for tmproved signal operation.During the AM and PM Peak hours traffic queues on both northbound and southbound Winnetica Avenue extend beyond adjacent intersections.The proposed changes will help shorten the vehicle queues during the peak hours and reduce the impact on the adjacent intersections.Another benefit during the peak hou�is the reduced delay far i'H 55 due to the removal of the split phasing.Attached to this application is the detailed benefits provided by Alliant Engineerin�, Inc. In summary,,4lliant Engineering Inc.faund that the propased changes would reduce intersection delay by 9Yo between 6:45-8:30 AM and 13�beiween 3:30-6:�PM.Daily,inte►�section delay would be reduced by 89�,vehicle stops reduced by 10%,and a 6% savings in fuel consumption realized. Sunport Develonment � The proposed project wilt support community development or redevelopment�n any of the cammercial and residential areas around the intersection.The southeast quadrant of the intersection is currently under consideration for re-zoning for a higher density residential use. Impraved intersectian operation at TH 55 and W�nnetka Ave will benefit the any development/redevelopment by reducing delay and improving vehicle mobility while not compromising accessibility. Riaht of Wav The majority of the right of way needs for this project come from praperly that is currently owned by the City.The City will coardinate obtaining the appropriate perrrtits and contacting utitities for any and all needed relotations. The City will be working with property owners to obtain the ather right of way needs for the project. G:�MnDO'T�FY 2013 Metro Municipal�TH 55 and Winnetka\MMAP One Page Summary.docx Cast spiit item Total MnDOT Local Construction $943,509.50 $650,0OO.OU $293,509.50 Engineering and $242,965.11 $52,OOQ.00 $ 190,965.11 Inspection Con#ingency $88,350.95 $0.00 $88,350.95 Total $1,274,825.56 $702,000.00 $575,825.56 G:�NInDOT'�FY 2013 Metro Municipal\TH 55 and Winnetka\MMAP One Page Summary.docx z: . � �.. . £ . . p � ' �� r �i1! � � � � , f �.___: , � X. ,� w � . 4_$e.T...---- r. ` '-. � . � r �'� � -a . � a s �� . � . . � , �� i—"...,,,, ,r. � } - , ; . ., _ r i ��F � � '� � � .*„` � srp ` ,'�' #_.. � 11 �'�t, � �s i�" s �I � �•- s �Ir- �: , _ . . � ' }`. i.� , . . � � ..��:ac:. � « � ,� w... /7.111�� , , s .��- _� � � � ,� � —�„r,q 5 . .., V S ,� �e� ��.;. �� , .� � � n t� � > � �%;. �� .. A� . . �l �� , �i �,�� 4. � i v�� ;, �+� „ �k � P � � <,� . � .. �',�,�, 'r� 4 �. � � . � �� ,�,•, y �'� ��_ N��N � . �� ri�s �- :3 . "`3.. . '+^5v .. "i Y�. ;�� ' � • �.. �� ... , �� d . � � � �� € � �� +M� � - � � � � � � � . � � +.t� _�}[ ..� � L � � � .. .. . �' �.n�, ' �� re�= � �be -�.. • � � �"" � : . � . �_a , � t '4'e.._ � d � � . ��`• - . `f� �; �� ; �?4�� j t # , i��t� °��+� ��< � �� "� ' " ��y"s. .P � � '�� . . � .. .. dp� �� O � �-. �T� � .� -''� g � s;� �_ � '`5 m� � � G�S Q HAROLD AVE � P �o �a � ��; l� , � �*�', :� . ''�. � F f ��. � � �! �+ � v . �,� � � �pre�R. �- �.'' �� 'r ��' �� ,� � g x, . ��,�,�;�„� �... : v , �a » ; ti :� � �; `a�� +�.p �. �+" �,� �� ' �. .. _,�, � ��#� x�," �+�,,' # � �� . �.:�'y$�. ,,: � � � �' �'. �s,�, � ,�.�' � � � : �� { ,. — �c�rn "� — PAVFAQ�ff MIUET�lG —, A£pAN �� ,. ; Ml MO OVEALAY -- LME LrES � �" g� � , . � . ` � . �,y�k�:�-.�" _ i RAISED FEDWN/ � �;Aq+ . �_'�. –' ClaB& GUTTEFt-B618 � � � �r -� ' �'�1� f� w„��," "�s�,.�"� .��;� . "s.,.; . �i WINNETKA AVE. IMPROVEMENTS " e " �' SEH bGLUCM Y4l[�.w �- » �». Alliant Engineering, Inc. ALLIANT PROJ.NO.11-0003 MEMORANDUM DATE: June 9,2011 TO: Mark Ray,City of Golden Valley CC: Kevin Schwartz,Mn/DOT FROM: Mike Anderson,PE,PTOE SUBJECT: TH 55 and Winnetka Avenue—City Improvement Project As requested,Alliant has completed a preliminary analysis of the TH 55/Winnetka Avenue intersection. The analysis was conducted at the request of Mn/DOT and the City of Golden Valley to quantify the estimated intersection operation performance with a proposed City improvement project.The City improvement project includes the following: • Construction of a dual left turn lane on both the northbound and southbound approaches.The southbound exclusive right turn lane will be reassigned to a shared through/right turn lane. • Converting the existing split phase operation to northbound/southbound protected left turn operation. The operation analysis quantified the estimated improvement in total intersection delay(vehicle-hour), overall intersection delay(seconds/vehicle), vehicle stops and fuel consumption.Table 1 documents the results of the analysis. Alliant is currently working with Mn/DOT to develop new optimized timing plans for TH 55.The proposed optimized timing plans,which are scheduled for implementation in July 2011, were used to complete the analysis. The analysis found an estimated 8%reduction in intersection delay, 10% reduction in vehicle stops and 6% reduction in fuel consumption as a result of the proposed City improvement project. It is suggested the City and Mn/DOT explore the potential for installation of flashing yellow arrow left turn operation as part of the project. Protected/permissive or permissive only operation could be considered during off peak periods,which would be expected to result in further intersection delay reduction. 233 Park Avenue South,Suite 300,Minneapolis Minnesota 55415-1108 Phone 612J67.9300,Fax 612J58.3099 TH 55 at Winnetka Avenue Traffic Analysis Memo June 9,2011 Table 1.TH 55 at Winnetka Avenue-- MOE Summary Existing Lane Geometrics--Proposed Optimized Signal Timing(Per Hour of Operation) Overall Overall Fuel Time Period Volume Cycle Length Hours of Delay Delay Stops �onsumed Case (Sec) Operation (#Veh) (Veh-Hr) (Sec/Veh) (gal) 530-645,830-945 AM OFF 140 2.5 17.0 15.8 1691 78 645-830 AM PEAK 210 1.75 43.6 36.8 1471 58 945-1130 BA L LO W 110 1.75 10.0 16.4 1114 45 1130-215 BAL PEAK 130 2.75 23.0 23.9 1674 71 215-330,600-700 PM OFF 160 2.25 33.0 28.0 2002 91 330-600 PM PEAK 210 2.5 73.5 50.4 2687 71 700-1030 EVENING 110 3.5 9.0 16.5 789 37 Total 17.0 209.1 11428.0 451.0 Golden Valley Option 4(Dual Left Turn,8-Phase Operation)--Revised Optimized Signal Timing(Per Hour of Operation) Overal I Overal I Fuel Time Period Volume Cycle Length Hours of Delay Delay Stops Consumed Case (Sec) Operation (#Veh) (Veh-Hr) (Sec/Veh) (gal) 530-645,830-945 AM OFF 140 2.5 16.0 14.3 1616 58 645-830 AM PEAK 210 1.75 39.7 33.4 1362 58 945-1130 BAL LOW 110 1.75 10.0 15.5 1006 43 1130-215 BAL PEAK 130 2.75 23.0 23.8 935 68 215-330,600-700 PM OFF 160 2.25 31.0 25.9 2256 90 330-600 PM PEAK 210 2.5 63.7 43.8 2395 69 7001030 EVENING 110 3.5 9.0 15.2 719 36 Total 17.0 192.4 10289.0 422.0 Improvement(Per Hou�of Operation) 89�0 10'�0 6%a Note:Analysis assumes protected leftturn operation.However,if FYA is installed,permissive operation could be used during off peaktime periods. Furtherdelayreduction would be expected. Alliant Engineering, Inc. #110003 Page 2 /� � SEN TECHNICAL MEMORANDUM TO: Jeannine Clancy Mark Ray FROM: Graham Johnson, PE Mike Kotila,PE DATE: February 7,2011 RE: Harold Avenue Traffic Study SEH No. GOLDV-114723 This technical meinorandum provides findings and recommendations related to a traffic nnpact study performed to evaluate potential land use alternatives for three residential development scenarios in the Ciry of Golden Valley adjacent to TH 55. The proposed area being considered for re-zoning is bordered by Winnetka Avenue to the west,Glenwood Avenue to the east,Harold Avenue to the south and TH 55 on the north side. The primary access route from the site(s)would use Harold Avenue to Glenwood Avenue on the east or Winnetka Avenue on the west. The findings of this study will also be useful to inform the design of Harold Avenue especially at its intersections with Glenwood and Winnetka Avenues. Existing Conditions Existing turning movement counts along TH 55 were provided by MnDOT from 2006 and supplemented with new 2010 traffic counts along Harold Avenue at Winnetka Avenue and Glenwood Avenue. Traffic along both Winnetka Avenue and Glenwood Avenue has decreased during the peak hours since 2006 by over 20%. The decrease is most likely due to the slowed economic conditions in recent years. The 2006 volumes were not reduced to balance and match the 20l 0 volumes under the assumption that when the economy turns around,traffic volumes would most likely increase to levels similar to 2006. Therefore, in this analysis the TH 55 signals were analyzed with the 2006 volume demand and the Harold Avenue intersections analyzed with the current 2010 volume demand. Figure 1 shows the traffic operations network with existing AM and PM peak hour volumes. Table ] shows the results of the existing operations analysis. �t�abic I -►?�istin�Pc�k Hour Lc�'cl ut'ticrcice Kcsulf� Intersection Level Of Service AM Peak PM Peak TH 55 at Winnetka Avenue D E TH 55 at Rhode Island Avenue B B TH 55 at Glenwood Avenue B B Winnetka Avenue at Harold Avenue* A/B A/B Glenwood Avenue at Harold Avenue* A/A A/A *Indicates an unsignalized intersection with side-sffeet stop control. The overall LOS is followed by the worst approach LOS. Short Elliott Hendrickson Inc.,10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is an equat opportunity employer � www.sehinc.com � 952.912.2600 � 800.734.6757 � 952.912.2601 fax Harold Avenue Traffic Impact Study February 7,2011 Page 2 The existing AM peak hour operates very well considering the long coordinated cycle length along TH 55. The signal at TH 55 and Winnetka Avenue incurs the only operational problem for the study network. The short green time for the southbound approach doesn't allow all of the traffic to clear through the signalized intersection and is creating long delays. The two stop controlled intersections along Harold Avenue(east bound at Glenwood Avenue and westbound to Winnetka Avenue)both operate very well with delays represented by LOS A. Traffic operations at the TH 55 and Winnetka Avenue intersection degrade with the increased volume demand for the northbound Winnetka Avenue approach during the PM peak hour. The long cycle length needed for coordinating TH 55 only allows for short green tiines for both the northbound and southbound approaches at Winnetka Avenue. Frequently,traffic is not able to clear during the provided green tiine and vehicles will sit through multiple cycles on both Winnetka Avenue approaches. The northbound approach spills back into the Harold Avenue intersection,which at times blocks westbound Harold Avenue traffic from entering Winnetka Avenue. The blockage occurs when queues in the northbound left turn lane at TH SSoverflow out of the left turn lane and block the left most northbound through lane. Trip Generation and Distribution The Institute of Transportation Engineer's Trip Generation Manual, 8`�'Edition,was used to develop trip estimates for the proposed development scenarios. The Golden Valley Comprehensive Plan was used as a guide to estimate the number of units per acre for two development scenarios. Scenario 1 includes the entire 16.6 acres as medium density residential (R2)yielding ]97 townhome units. Scenarios 2 and 3 considered developing the site with two different densities. The east side of the development is 9.2 acres in area and would be developed as medium density residential (R 2)with l09 townhome units in both Scenario 2 and 3. The west side of the development covers 7.4 acres and would be developed as medium high density residential (R3) yielding 147 aparhnent units in Scenario 2 and as Senior Adult Housing(Attached)yielding 364 units in Scenario 3. Table 2 summarizes the trip generation estiinates for Scenario l, Scenario 2,and Scenario 3 for daily,AM peak hour and PM peak hour demands. i'ahlc 2 -"I�rip f:c:ncration Scenario Develo ment Dail AM Peak PM Peak T e Units Total Enter Exit Total Enter Eait Total Scenario 1 —R2(all) Townhome 197 1,144 16 70 86 66 37 103 Scenario 2—R2 Townhome 109 634 9 39 48 36 20 56 Scenario 2—R3 A artment 147 978 23 57 80 60 38 98 Scenario 2—R2&R3 Totals 258 1,612 32 96 l28 96 58 l 54 Scenario 3—R2 Townhome 109 634 9 39 48 36 20 56 Scenario 3—R3 Sr. Housin 36� 1,267 1 l l l 22 21 ]9 40 Scenario 3—R2& Sr.Hs . Totals 473 1,901 20 50 70 57 39 96 Scenario 3 has the highest total number of residential units and the highest daily total trips. However,due to the trip generating characteristics of a senior housing development, the AM and PM peak hour trips are relatively low compared to the number of units. The AM and PM peak hour demands for Scenario 3 are very similar to or less than magnitudes in Scenario 1 and 2,therefore Scenario 3 would have lower level of impact and was not further evaluated in the intersection analysis. Harold Avenue Traffic Impact Study February 7,2011 Page 3 Figure 1 shows the location of the development site and the development assumptions for each scenario. Fi!;iarc 1 [ oearir»ti \l:sea Golden �allcy Gr,r�er��z��y^�t C��+y C ue t5� 7��o t ��is�-,�1,r�...� �, � . 30% i56 :�h..... , .,,� hhCrt"�n�'Nv'v 25� � � . ��, .,,��.. ,�,:�, or;nn �w _, � � ., __ i\ , . ` -- �;---- 1 ��.r i'? , i � , , �T ; � I � � ��r� L��.i�i �� '*•."�-;. , -a _ Scmario 1-R2 R2 tor all ��D u . 72% . 95�Y $CCf1Af10 2•R3 SCM�f10S Scenario 3-Senior Housing - �� 8�0 R+ e y' ' _ �.,.��_.il�{�.... _ �. DevelopmentTrip X� Distribu0on Development generated traffic for each scenario was distributed to the adjacent street network based on previous analysis of the development site by SEH (file report dated November 21, 2000). Trips were distributed as follows: 25%to the west on TH 55; 30%to the east on TH 55; 10%to the north on Winnetka Avenue; 12%to the south on Winnetka Avenue; 15%to the south on Glenwood Avenue and 8% onto Ridgeway Road. Figures 2 and 3 show the build scenario traffic AM and PM peak hour volumes for Scenario 1 and Scenario 2, respectively. Build Conditions The overall traffic demands to and from each development scenario is relatively small,ranging from 86 vehicles for Scenario 1 in the morning peak hour up to 154 vehicles in the PM peak far Scenario 2. However, the addition of these relatively low volumes of new trips through the TH 55 and Winnetka Avenue intersection does measurably unpact the quality of the traffic signal operation at that intersection. Under existing PM peak conditions the northbound approach froin Winnetka Avenue to TH 55 typically is not able to clear all queued vehicles within one signal cycle. The added volume from the developinent,however sinall,coinpounds the problem by increasing the number of vehicles not able to clear through the intersection and occupying more storage lane length during the red intervals. In all scenarios,the traffic travelin�to the site during the peak periods has little impact to any of the intersection operations due to existing available capacity for those movements. Harold Avenue Traffic Impact Study February 7,2011 Page 4 Due to the problems experienced with the TH 55 intersections,the operations analysis was conducted in two separate analysis phases. The first analysis used the Highway Capacity Manual (HCM)procedures for unsignalized intersections to detennine what problems may occur at the Harold Avenue intersections without the influence of problems experienced at the adjacent TH 55 intersection. The second phase of analysis exainined the network as a whole to better understand the operation issues that adjacent intersections will have with one another when development traffic is added. Using the HCM procedures,the intersections of Harold Avenue at Winnetka Avenue and at Glenwood Avenue will have acceptable levels of delay during both the AM and PM peak hours for the existing scenario as well as the two build Scenarios. All intersection approaches will operate at a LOS C or better for all scenarios. Table 3 summarizes the results of the HCM analysis. Results indicate that stop sign control of westbound Harold Avenue at Winnetka Avenue and stop control on eastbound Harold Avenue at Glenwood Avenue will each provide adequate opportunity far right turns and left turns to and from Harold Avenue. 1'able 3 Iiighway Capacity �lanual Analysis Level Of Service Intersection* Scenario AM Peak PM Peak Winnetka Avenue at Harold Avenue Existin A/C A/C Glenwood Avenue at Harold Avenue Existin A/B A/B Winnetka Avenue at Harold Avenue Scenario 1 A/C A/C Glenwood Avenue at Harold Avenue Scenario l A/B A/B Winnetka Avenue at Harold Avenue Scenario 2 A/C A/C Glenwood Avenue at Harold Avenue Scenario 2 A/B A/B *Indicates an unsignalized intersection with side-street stop control. 'I'he overall LOS is followed by the worst approach LOS. Analyzing the network as a whole,the development traffic does not have a significant impact on traffic operations at the surrounding intersections,with the exception of TH 55 at Winnetka Avenue. Recall that 65 percent of the total traffic from the development will use the TH 55 intersections; 25 percent west on TH 55, 10 percent north on Winnetka Avenue and 30 percent east on TH 55. The remaining 35%will travel south along Winnetka Avenue,Ridgeway Drive, and Glenwood Avenue. Table 4 summarizes intersection delay and LOS for all five intersections for each scenario. 'Cablc 4 \ct��oi•k Traffic Operation Anal��sis Winnetka Glenwood Avenue Avenue at W nnetka TH 55 at Rhode at Glenwood at Harold at Harold Avenue Island Avenue Avenue Avenue Avenue Scenario Peak Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Existing AM 2.8 A 1.5 A 46.0 D 17.2 B 10.9 B Conditions pM 2.9 A 1.5 A 62.3 �`� �'";�;` 18.0 B 18.7 B Existing Plus AM 2.8 A 1.7 A 48.1 D 17.6 B 11.5 B Scenario 1 PM 4.0 A 1.6 A 60.8 E 17.8 B 20.3 C Existing Plus AM 2.9 A 1.9 A 51.0 D 18.3 B 12.4 B Scenario 2 PM 4.4 A 2.0 A 63.4 E 17.8 B 20.4 C Harold Avenue Traffic Impact Study February 7,2011 Page 5 The AM peak period would experience little chan�;e from the existing conditions with all intersections operating at a LOS D or better with no storage or blocking probleins at any of the study intersections. During the PM peak, four of the five study intersection operates at a LOS C or better. The TH 55 and Winnetka Avenue intersection operates at a LOS E with the northbound queue spilling back into the Harold Avenue intersection. This spillback can block Harold Avenue vehicles desiring to access Winnetka Avenue (northbound Winnetka Avenue vehicles block the intersection)and,westbound right turning vehicles from Harold Avenue are not able to turn thereby blocking westbound through or left turning vehicles on Harold Avenue that arrived behind them. The spill back length for build conditions is slightly longer than the existing conditions. Table 5 shows the change of this queue spillback for each scenario. Tablc 5 H�►rold A��enue at��'innetka A��enue- Impacted Approachcs Harold Avenue Winnetka Avenue Winnetka Avenue at Winnetka Avenue at Harold Avenue at TH 55 Westbound App. Northbound App. Northbound App. Delay LOS Max Delay LOS Max Delay LOS Max Scenario Peak Queue Queue Queue Existing AM 6.4 A 45 0.9 A 0 82.3 180 Conditions PM 11.2 B 62 2.8 A 138.8 514 Existing Plus AM 6.4 A 68 0.8 A 0 79.8 E 166 Scenario 1 PM 12.7 B 69 4.1 A 139.6 534 Existing Plus AM 7.2 A 77 0.7 A 0 79.3 E 181 Scenario 2 PM 13.6 B 86 4.5 A 140.1 502 The Harold Avenue westbound approach to Winnetka shows very good operations in the AM peak and a slight increase in delay during the PM peak with the increased traffic froin Scenarios 1 and 2. The maximum queue for the westbound approach is less than 100 feet,which is equal to about 4 vehicles. The northbound Winnetka approach to Harold is not stop controlled, so any queue at this intersection is directly related to the delays at the TH 55 intersection. In all three analysis scenarios there is a northbound queue at the Harold Avenue intersection in the PM peak hour. The maximuin northbound queue extends about 6 vehicles south of Harold Avenue in the existing conditions. Scenario lincreases the queue to an estimated 7 vehicles,while in Scenario 2,the highest peak hour voluine scenario,the queue is increased to an estimated 10 vehicles. From these results we can surmise that northbound queues from Scenario 3 would extend 6-7 vehicles south of Harold Avenue siinilar to the existing conditions and/or Scenario 1. Rhode Island Avenue Access A mitigation concept considered, if severe problems were anticipated on Winnetka Avenue,would be to allow access from the new development site to TH 55 at the existing Rhode Island Avenue intersection. The existing intersection currently serves traffic movements to and from the north only on Rhode Island Avenue. The intent of the Rhode Island access to and from the south of TH 55 would be to alleviate any traffic problems at Winnetka Avenue intersection caused by the new developinent trips. Providing full access at the Rl�ode Island Avenue at TH 55 would require the traffic signal to operate under split phased control similar to the current operation at Winnetka (the northbound and southbound Rhode Island approaches would be served independently by the traffic signal). This is due to the existing lane configuration Harold Avenue Traffic Impact Study February 7,2011 Page 6 of southbound Rhode Island Avenue which currently has two left turn lanes and a right turn lane. The new northbound configuration would consist of a through-left lane and a separate right turn lane. Rhode Island Avenue north of TH 55 connects TH 55 to Golden Valley Road north of our study area. In view of the fact that Rhode Island Avenue isn't a continuous north/south route, it would not draw any existing demand from Winnetka Avenue and would only serve the new development area and some existing local trips along Harold Avenue. Because the low number of vehicles anticipated to use the northbound approach froin Rhoda Island to TH 55,this change in the roadway network would not substantially alleviate the issue at the TH 55 and Winnetka Avenue intersection. It does however increase the overall intersection delay at the TH 55 and Rhode Island Avenue intersection. Table 6 summarizes the intersection delay and LOS for all five intersections under the two build scenarios. 7�t►ble 6 IZhode island A�'enue Full �cce�s ,nnalvsis Harold Harold V�/innetka Rhode Island Glenwood Avenue Avenue at Avenue Avenue Avenue at Winnetka Glenwood at TH 55 At TH 55 At TH 55 Avenue Avenue Scenario Peak Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Existing AM 2.8 A 1.5 A 46.0 D 17.2 B 10.9 B Conditions PM 2.9 A 1.5 A 62.3 �°, �; ; 18.0 B 18.7 B Existing Plus AM 2.9 A 1.5 A 44.4 D 22.1 C 11.1 B Scenario 1 PM 4.4 A 1.6 A 63.0 E '= 21.2 C 21.2 C Existing Plus AM 2.9 A 1.7 A 44.8 D 23.3 C 11.5 B Scenario 2 PM 3.7 A 1.7 A 64.8 21.5 C 22.5 C The new northbound approach into the TH 55 coordinated signal system network has the potential to affect a large portion of the vehicle demand on TH 55 throughout the day. The new northbound approach would serve a relatively sinall demand from the development area and may not have a constant flow of vehicles arriving at the traffic signal. Therefore the northbound signal phase would not be served each cycle. When the northbound signal phase is skipped,the time would be provided to signal phases serving TH 55. When the northbound signal phase is running, all of the traffic along TH 55 and southbound on Rhode Island Avenue would incur the added delay. The northbound approach at Rhode Island would operate with delays representing LOS E,with the left and through movements at a LOS F. This delay is incurred due to the long cycle length along TH 55. The TH 55 at Rhode Island Avenue intersection serves over 3700 vehicles in the AM peak hour and over 4200 vehicles in the PM peak hour. Increasing the intersection delay in the AM peak by roughly 5 seconds per vehicle would inean that all 3,700 vehicles would incur that added delay,equating to over 300 hours of added delay. The PM peak hour intersection delay increase is roughly 3 seconds per vehicle,which equates to over 200 hours of added delay. In summary,providing access to TH 55 from the south at Rhode Island Avenue would be a route of convenience for trips in the immediate area. However,the added convenience for a relatively sinall nuinber of users would come at a great cumulative cost to other users along TH 55 and would not substantially improve conditions for existing or future users along Winnetka Avenue. For these reasons,this option does not warrant further consideration. Harold Avenue Traffic Iinpact Study February 7,2011 Page 7 Signal Timings The largest single issue for local traffic in the network is inadequate green time to clear all vehicles on the northbound approach along Winnetka Avenue to TH 55. Major capacity improvements, such as adding lanes through the intersection,would shorten queues and improve operations; however they come at a very high capital cost for reconstruction. A relatively low cost potential solution would be to"re-program"the traffic signals on TH 55 and adjacent crossroads which could result in lower delays for all drivers including those on Winnetka Avenue. MnDOT is currently preparing to implement a project to"re-time"the TH 55 corridor between Minneapolis and west of Plymouth in 2011. During this project, MnDOT plans to include"cross-coordination"of signals on crossing arterials such as Winnetka Avenue with the TH 55 coordination plan. The re-timing would be done to serve existing traffic demands(we previously noted that current traffic demands are lower than had been recorded in 2006 for TH 55,the current signal timings were developed to serve the higher 2006 demands). Re-timing has the potential to improve operations along Winnetka and TH 55 and reduce the overall delay at the intersection if the cycle length can be shortened. With a decrease in overall delay at the intersection,the average user would see a slight improvement traveling through the intersection. The change may not appear as an increase in green tiine each cycle for Winnetka Avenue,but potentially would be an increase in the number of signal cycles provided per hour resulting in more effective allocation of usable time for Winnetka Avenue. Operation of a coordinated series of signal systems like TH 55 requires that the mainline corridor be given priority so that the higher volume of longer trips can be cleared through the corridor. TH 55 traffic demands account for about 75%of the traffic at the Winnetka Avenue intersection and therefore would still demand the majority of the green tiine. The retiming of the signals should provide a ineasurable improvement for drivers when considered in aggregate that may not be immediately apparent to drivers on Winnetka on any given trip. Recommendations Developinent Scenarios 1 and 3 had the least impact to the existing operational problems in the network. However,any of the three proposed development options could be considered as they each add an incrementally minor iinpact to the existing roadway network. The quality of access to the highway system for tenants in a new development should be a consideration as land use choices are ultimately made. A separate right turn lane should be added on westbound Harold Avenue to store right turning vehicles. This would allow westbound left turning vehicles to access the intersection without being blocked by those waiting to go to the north. The eastbound approach from Harold Avenue to Glenwood Avenue does not reyuire any iinprovements as there are no blocking or queuing problems anticipated at that intersection. Providing direct access between TH 55 and Rhode Island Avenue to the south is not warranted. The access would be a convenience for a small number of users but it would not substantially relieve current operational issues that are experienced on Winnetka Avenue and it would add significant cumulative delay for users on TH 55. MnDOT has plans to re-time the entire TH 55 signalized corridor between Minneapolis and west of Plymouth in 2011 to better serve current traffic demands. This effort will include consideration of cross-coordination of the signalized crossing arterials including Winnetka Avenue. The City should work with MnDOT to explore opportunities for improved operations at the Winnetka Avenue intersection with a reduced coordinated cycle length and/or inore green tiine allocated for Winnetka Avenue. p:\fj\g\goldv\114723\traffic\harold tis memorandum 0406201 I.docx �� SEH TECHNICAL MEMORANDUM TO: Jeannine Clancy Mark Ray FROM: Graham Johnson, PE Mike Kotila,PE DATE: March 1, 2011 RE: Harold Avenue Traffic Study Land Use Scenario 3 SEH No. GOLDV-114723 This technical memarandum provides findings and recommendations related to a traffic impact study perfonned to evaluate a potential land use alternative for residential development in the City of Golden Valley adjacent to TH 55. The proposed area is bordered by Winnetka Avenue to the west,Glenwood Avenue to the east,Harold Avenue to the south and TH 55 on the north side. The primary access route from the site(s)would use Harold Avenue to Glenwood Avenue on the east or Winnetka Avenue on the west. The findings of this analysis will also be useful to infonn the design of Harold Avenue at Winnetka Avenue and potential improvements to better serve existing and future demands at the intersection of Winnetka Avenue and TH 55. Existing Conditions The existing conditions are documented in the"Harold Avenue Traffic Study Technical Memorandum"dated February 7`",2011. Trip Generation and Distribution The Institute of Transportation Engineer's Trip Generation Manual, 8`�'Edition, was used to develop trip estimates for the proposed development scenarios. The 16.6 acres site will be divided into two separate residential development areas. The east side of the developinent is 9.2 acres in area and would be developed as medium density residential (R 2)with 109 townhome units. The west side of the development covers 7.4 acres and would be developed as Senior Adult Housing(Attached)yielding 364 units. Table 1 summarizes the trip generation estimates for daily,AM peak hour and PM peak hour demands. Table 1 -"1'rip Gcncration Scenario 3 Develo ment Dail AM Peak PM Peak T e Units Total Enter Exit Total Enter Exit Total R2 Townhome l09 634 9 39 48 36 20 56 R3 Sr.Housin 364 1,267 11 11 22 21 19 40 Preferred Develo ment Totals 473 1,901 20 50 70 57 39 96 Short Elliott Hendrickson Inc.,10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is an equal opportunity employer � www.sehinc.com � 952.912.2600 � 800.734.6757 � 952.912.2601 fax Harold Avenue Traffic Impact Study March 1, 2011 Page 2 Development generated traffic for each scenario was distributed to the adjacent street network based on previous analysis of the development site by SEH (file report dated November 21, 2000). Trips were distributed as follows: 25%to the west on TH 55; 30%to the east on TH 55; 10% to the north on Winnetka Avenue; 12% to the south on Winnetka Avenue; 15%to the south on Glenwood Avenue and 8%onto Ridgeway Road. Build Conditions The previous build analysis documented in the"Harold Avenue Traffic Study Technical Memorandum"dated February 7`�',2011 showed that the development Scenarios 1 and 2 would add peak hour demands to the existing TH 55/Winnetka intersection,compounding delays. Scenario 3 was identified to have higber overall density but lower peak hour trip generation. Therefore this analysis evaluates unproveinents to the TH 55 at Winnetka Avenue intersection to better serve existing traffic at the intersection and new development trips. Due to the long coordinated cycle length along the TH 55 corridor, 180 second cycle in both peak hours, Winnetka Avenue is served by only a small portion of the green time. In the morning peak hours,both Winnetka Avenue approaches get a total of 54 seconds out of the 180 second cycle,the afternoon peak hours only increases to 55 seconds of the total. For this analysis,regardless of phasing changes at the signal, the overall time allotted to Winnetka Avenue was not changed in order to stay within the existing coordinated system. This study analyzed four potential improvement options to the intersection in order to improve traffic operations. All improvement options build upon the previous option, such that Option 2 includes improvements from Option 1. The improvement options are as follows: Option 1 —Add westbound right turn lane at Harold/Winnetka intersection,extend existing northbound Winnetka Avenue through-right lane at TH 55 down to Harold Avenue intersection(Figure 1). Option 2—Option 1 plus restripe northbound Winnetka Avenue approach to TH 55 to include a left turn lane, a left-through shared lane,and a through-right shared lane(Figure 2). Option 3—Option 1 plus adding an additional separate left turn lane so the northbound Winnetka Avenue approach to TH 55 would include exclusive dual left turn lanes,a though and a through-right shared lane. This can be accoinplished by restriping the southbound Winnetka approach with exclusive dual left turn lanes and a single through lane(Figure 3). This options changes the phasing at the intersection so that the northbound and southbound left turns can run concurrently. Option 4—Option 3 plus widening Winnetka Avenue to the west to include two southbound through lanes. The second southbound through lane could end as a right turn lane at Brookview Parkway or extend past Brookview Parkway/Harold Avenue and become a lane drop(Figure 4). This options changes the phasing at the intersection so that the northbound and southbound left turns can run concurrently as in Option 3. All four options,including an existing conditions scenario were inodeled using Synchro/SimTraffic. Under existing conditions the AM peak has LOS F inainly due to the long cycle length,while the PM peak does not provide enough green tiine to clear all traffic queued at the signal. In the PM peak hour,the northbound yueue extends beyond the Harold Avenue intersection by one to two car lengths. The results of the operational analysis are summarized in Table 2. Harold Avenue Traffic Impact Study March 1, 2011 Page 3 'fable 2 �I'll SS al ��'innetl�a A��e�iue Intersccti�in Operxtions Northbound Southbound Eastbound Westbound Intersection Approach Approach Approach Approach Scenario Peak Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS AM 80.9 F 106.7 F 40.8 D 18.6 B 49.1 D Existing PM 132.5 F 132.3 F 48.2 D 29.4 C 62.5 E AM 81.1 F 106.7 F 41.0 D 18.4 B 49.1 D Option 1 PM 125.0 F 129.1 F 48.3 D 29.4 C 61.2 E AM 85.2 F 104.4 F 38.6 D 18.4 B 47.8 D Option 2 PM 156.0 F 141.9 F 47.6 D 28.2 C 66.1 E AM 67.3 E 268.5 F 40.4 D 18.8 B 76.8 E Option 3 PM 137.1 F 72.0 E 46.8 D 27.4 C 55.0 E AM 73.5 E 78.1 E 38.2 D 18.1 B 42.0 D Option 4 PM 114.8 F 69.4 E 46.1 D 27.1 C 51.3 D Option 1, with no signal operation changes,provides a slight improvement for the intersection operations. This is partly due to more storage for the northbound queue which aids in the efficiency of the approach to use its allotted green time. The northbound queue does not extend into the Harold Avenue intersection. Option 2,with no signal operation changes,degrades the northbound approach operations since the left turning traffic uses the shared left-through lane and reinoves existing storage for through vehicles. The shifting of traffic causes fewer vehicles to clear the signal in one green phase. The queue extends beyond Harold Avenue slightly mare than the existing conditions. Option 3,with concurrent left turn phasing,provides better operations during the PM peak hour. However during the AM peak,the single southbound through lane cannot serve the demand and the delay for the approach is almost 4 '/z minutes. The queue extends over 1100 feet north of TH 55. Option 4,with concurrent left turn phasing,provides the best operations of all the scenarios. With plenty of capacity the PM peak average intersection delay is reduced by over 10 seconds per vehicle. The northbound approach still operates at a LOS F due to the long cycle length and the protected left turn phasing. Queue lengths on the northbound and southbound approaches are shortened as to no longer impact the adjacent intersections of Harold Avenue or Golden Valley Road. The intersection of Harold Avenue and Winnetka Avenue will operate well under all options above. The westbound approach will have a maximum queue length of only 50 feet for all options and both peak hours. Findings Option 1 is the most cost effective solution to serve new development demands without degrading the preexisting conditions. Option 4 unproves inost of the existing operational deficiencies at the TH 55/Winnetka Avenue intersection;however it comes with the highest cost to construct. Options 2 and 3 don't provide a net benefit and should not be considered. p:\tj\g\goldvU 14723\traft'ic\scenario 3 analysis\harold t1S ffierilOTBriClUril SCeri8ri0�406201 1.ClOCX � ��" ' ' � '� ' ' '''�""'""` y" � ' BUILD OPTION 1: �_ - -� '.� .� ' •� � ! � �' .. *��:' . �� -BUILD WESTBOUND HAROLD AVENUE RIGHT i ° -,` . �' _ - � �_` .. ,..•. TURN LANE i � � - r� •• ,� -EXTEND NORTHBOUND THROUGH-RIGHT LANE TO t � ' ' ' ' BEGIN AT HAROLD AVENUE ; �� }+� � � -�' �, � •�. .. � a � , ,�' _ � • t � �_ ' ' �M}� ' ,� RESULTS: I ";;� � ,�r ♦ 1 �, r � ,..,:_ ��..ry � � �*, r � .�. _ �. .x i ti �-n- .� ; �y , _ �- � -SLIGHTLY REDUCES NORTHBOUND DELAY �.,�.,,h +�,� � �, ' '� � -SHORTENS NORTHBOUND WINNETKA QUEUE TO ` '`'°� BE CONTAINED NORTH OF HAROLD AVENUE %�...� � � �� . �� .�, � :�" -� ' -REDUCES BLOCKING ON WESTBOUND HAROLD ~ � AVENUE. LEFT TURNING VEHICLES ARE ABLE � � � NB/SB z � �� ,,,� �� SPUT ., _•��p _ TO PROCEED. PHASE ':5i._:. � � � � �ay�.. � -a '�w `°-� �`�e- � ' .�'w'n� . I �,; . s� p. ._ � ` _ , T�! 4"` �--:....9 �' ` ' f` { '�....' �� lA,; {� �O :�� Y . � � t y �� t� � 'd y. 't .. .b��,�.� � ,� '.'�j*' � . . ��- ��NV` �,�'. � �� +'„ �'M�� t�� — �'� EXTEND NORTHBOUND * �� '`� THROUGH RIGHT LANE j " TO HAROLD AVENUE � II � � � �T - +,.�r y.; . �;'�t��. ftv � �— — a , :�. . .'it�� , _ _ � _ ___- I ✓x :�" ,ADD WESTBOUND�" � � � � RIGHT TURN LANE �'' •�;,�� HAROLD AVENUE .�`.:�:_-°�+ �� I � rwE��s�. TM 55 et Winnetke A�enue FIG.NO. , �w Goltlen Valley,MN �°^� SE�y 1 fI "�'��D8° SEH No.GOLDV 114723 , .� � � ;� s i�.��;r ' I ��.: ''r � . + .� ' •� +�" , ' BUILD OPTION 2: ' ' ��.�s � *�,�,��,'� ��4 �'� ; ��_, . � ��, - �� —BUILD WESTBOUND HAROLD AVENUE RIGHT TURN LANE I w � — _! �� —EXTEND NORTHBOUND THROUGH—RIGHT LANE TO � � �. ' �=" ',`;. 4�„ ' HAROLD AVENUE ,�ir ,� 4, _ �a �. � ,,• —RESTRIPE NORTHBOUND TH 55 APPROACH TO ' ; ' - � INCLUDE: LEFT, LEFT—THROUGH,AND y " ` � .r �'��'` '�'� ,�� # � ` �' ,. �� THROUGH—RIGHT LANES �°"�a.,, • y�'"„ �. ,; � . � ,� . e, — —.�� y , � . � �� •, .. �• '� } �' •J � ��'�'"�,�.... ��4� i- . . �... ° - � `�°�'� . ; � .��i �� - RESULTS: � , . : . . ' + .,�_ ., . ' ;. N&SB �. "�- —DEGRADES OPERATIONS — SP`�T —LEFT TURNING TRAFFIC OCCUPIES MORE PHASE Ii �`"'�^ ��s�� ,� _ ��` _ �� SPACE IN THROUGH LANE RESULTING IN � �, I -r,� � � � "� -a MISSED CYCLES FOR THROUGH TRAFFIC +► ,, , I �. .4 -�±'ti� �� !` '�` x �, RESTRIPE � ''� NORTHBOUND � ,�� {+ .WINNETKA AVENUE�--• ! '� -r- �i!►�,+�- _� �i �III ' 'M�"it��d".�ii;a.�'.e�� i 1 �� I �� '.tg- %'�� . �� 1 S � '}�. , �'. , a'.Y ;� � �. �. 1;� EXTEND NORTHBOUND "� , � THROUGH RIGHT LANE ' �''' e" r� � � • � " TO HAROLD AVENUE �„ � ," ��'" � � � .� �.,� � h ;C ,r�+ � # `�,_ a � °�,� w ,,. � - � � ,� .-, _�� . - . � _� __. .� � � .� ADD WESTBOUND�'' ;� r � + RIGHT TURN LANE �'" I .„�e'�.� ,, t�` " ' �HAROLD AVENUE ; ..��.:��' '�� ,�.;, I .. � ,,,o,E.�� 1H 55 et Wnnetka A�enue FIG.N0. Golden Velleq,MN Option 2 2 SEH `~' ��' SEH No.GOLDV 114723 ��l . , ,.,, �.r.� ►;�,, ,. i,..w� ._ . . '' �''"r " BUILD OPTION 3: _. �� : �i *M �,• , . °�'" � �.`,. ..�+��'� ��# �� ' � �"�� ' � °� �r�•�'� ��'^'" TURN LA�NETBOUND HAROLD AVENUE RIGHT .. +� ' ' -EXTEND NORTHBOUND THROUGH-RIGHT LANE TO ' � ' '- � * HAROLD AVENUE I * ,a :. "� 9'' .-e.�. ' �+i► ,: � '� , ,. , •;,., -ADD NORTHBOUND LEFT TURN FOR DUAL ' w� � '� �'� �,,, LEFTS, RESTRIPE SOUTHBOUND APPROACH WITH � •. � ;� >�" '�`" " ". � ' a�s SINGLE THROUGH LANE ��"`�'''''- r • ��• "',RESTRIPE ' '�"'' "`,�,,°� ; ;.a :. � SOUTHBOUND : ,�� ''' � WINNETKA - ' ��ry> +�►� °AVENUE � ` ' ' RESULTS: �'� "' " ,, r � � �- � . � _. . ' `�.�o��RREH1� �;�_ ''� -DEGRADES OPERATIONS � �--,.,. ",'�*��,�.'�� rr,� LTPHASE � � � -AM SOUTHBOUND APPROACH DELAY INCREASES � _ ^ .. � "'�� ,,- • ��,.. ,.,,� +,+,,,,,,,, ,� ,- ��.�.,. `�.,�;, TO OVER 250 SECONDS, QUEUE EXTENDS OVER I , � I _. � . � , ,_.: -__ �. 1100'. � ,� •� - � , -� �'{y�K � ; �.�� ADD DUAL LEFT �- `,� TURN LANES FOR #' ' f� •NORTHBOUND �'�- � WINNETKA AVENUE •. � i .,,.:, . iX... . + :� _ A� '�� , .. 'SOUTHBOUND � ' �. : " �' � 'r i WINNETKA AVENUE,' � `� � ; ___ SINGLE LANE ,.I , "f�y t;� I � � '" � � � .r � ,+��a � t,'�i EXTEND NORTHBOUND � � � THROUGH RIGHT LANE � i . ��r � �� ' " TO HAROLD AVENUE . ,� �� „�,,. 1� ,`. . . II , � 7 � . }X� ' ' '�{� II �a �...� 1 . ; t,�, �j :k q "� I� t y� � .� .,�!'+�"'1� � A a, �� "�v"k� �.. �'i ;� �� + .� :ADD WESTBOUND�'' �'� ,''�� ►� i ;RIGHT TURN LANE �''' ' ; '�! '� � ' � �HAROLD AVENUE � a�r��±�l��Ill��.w��°`� .a ��. .. . , �. � �.... � � � TH 55 m Wmnetke Avenue FIG.N0. ��.��°'� Golden Valley,MN Optbn 3 3 SEH �'� SEH No.GOLDV 114723 -° ° � � , �• _ .• . ;�'i'�� !► � '.: , _. , . � • �; ' �-' �,► ,� -► ' . �� k ;`f 44��i� � .. r t;. ,t-. - � � �r ' ,� , i � �►'!rI �� '�p .' '.� ,� ~ e I � . • :' t� .� ' ;� p 3�1!��o- .� � *�, _ a,,, .. � ti� , ' ` a.. J 2 � +�� ► ^�y� � ' .. .. . 1 1 '��l � � ~ ,s . . .., � � � . .� �; , : '1r �� "'� ;�� t"L\►— ,��jj ,�, -�' _•';, � /�� ,_ 1`,'ir' �'� �ti7" � ,,,, °"'�,`�y,y, '�'_,.�°,ti.�,� •.; �''�'� ."'�''r,,,,,,,,, -, _�,,�ae� � -� _ .�;. t :.1L._� � ��v -,,_II4��y� '_ `1l .��M �p . 'r ��t+_e T �� . �. _ �`T�q.#„�,��R'.�r�+f'�f�,'��+�'� 4 � ^4�� ,.` +�� .. , / i;. _y .� � �� ` � �:� - ,i,,�, .�,��,�'�� 20'+1-ROW Impact w r i� � �� ► ''1 ` ': .�t ' . ; � �'a �%�� 1 1 i : �• �. �` "�x,y �,, � . : � 'q,'�►;, �r � �'.. .�� xw.�' .�. � x �iw,a x w . w .. �• � . , ��'.�-. �, , ; . �y'T.. t , �:. , q. t ', i N �. + �% g �,.as �.' ' x .. ;I� a ;`i:� ` x.�le"r`�r,e� �r . 4'� a�'f, .^'� ' ��3.'� � �IMA �r 4 :^� ^.'~.�:� . #11�`'# � � ,��c� *�� . ` - '� �'' .,,� ,.� , ,'�' ,�. `' �' � '�� ,.'� ,� '� r��, T,V r{ '� �° � .' . � ` . , , �s ;x `, , - r ." . � P ��a,�' . _. ._... S... k ._.. ...____ __..—...__._ i{ � a •fj. " i 3 � .�� — 1 OPTION 4 � � � ' ' ��2�+�ROw Impact �' � , 'y�� ' �: ENDS AT HAROLD �'' �' '' � T ''; 11 � ' �`", �. �, ,7Y� ----10�1-R--�OWI pact '�-.; '�,� ��:.�� ';� s � � .��r�.y� . y� � y � �L) ,t � � � � �� ? . .1�7�,�. �' . � �� . � ,r ^VOw . . - +�i P` ti . � . •1 • �, ,,z . � 1 g'+1-ROW Impact r '�� . � ' ' �� . » � - e �� C '+� �'... .. .t' w� �+�'� `� i�# �''� s., � ,• �S' �, � � , � 0 D�_�� . � , ► � _ •- _. � . ' i , .�,��ar'e�!a"'� � � .� � � _ �� .��-,� . - ' x�,.:. �.: ,�+m: , �r o O� 1 � � � �'°r`r `� t�`"�"',�"� '-�+�..- 1/r o '� .�'. . ` � "�i'�,. `'?�k_ . �i M � � � « , ►�, ��,, • ,�� y r�''� °� 14'+l-ROW;Impact � � iY`. r �, " LL'.= 4�! +� � } '� y � T t� �' � ,..ir+ctb r' 'Ch`< , . a � k,� �C� � ,.' � �+�� s �� : � �� i V �� ""` *��,� * � 7�i+;Ji . #� j�} "tM � �,i ._._.�.r ._ , . , 3w , ��". T;�. „° OP7lON 4A - r+ "`"" ,." � �ww�� "� � �� SOUTH OF HAROLD�� :�� '��,�� x� ' �i�'. � °�i� •��..��,...�, � � ''�� ; __ � � ' , •,'" - ` . ,:. _ r1 �, . � "�-� . � �'�. b �< .. . . ._.r .. � �i, \ . ,. ;�y* ' .. �L' ' � ; ''�., ry y j•.}$ '�'�y} � � �.. �_ .iFs+ . . —�l'. . . � '*. . � y � ? : a�� ` � "� .V� � ,�ymp'� �.. . . . � , � .. .� � :r ,w � t'� . �. a °t. ►�; � �`�� .fv�` '�'� l . '�� • � '14Y 3 .� �,� # � ^ �"t,Z. ' F.�.�. r ,,�, �r v „� t� , ` ,� =r"�"�s' � f = � "iai' . '� . �. +�; �� ' .��.� 1zr��d': . . • 6'°sy t� '�` xb � rti'�� "'�?�. .�. ` �t. � ti 1t° �a�C" ` ,y�: k. r � y` � � r �Jry: _, , . ' . . , rr � ��..rA" - �"i is �� . .'� « � ,� .n. '. �'��..r �;��, � �� '� �i� �e. ` � .� � u,�,�x .!'"�' .� � .'� 4 ':.ak, ,t-� - ,�^ � � i, t k��a',� • Legend e �MedianShape —••— ProposedROW(Approximate) Option 4 and 4A PavementShape—LaneLines -arrows Parcels 0 50 100 200 300 Feet CI7Y OF�OLDEN VALLEY 2012-Z096 CIP CITY 9TATE AID CAPITAL PROJECT PUND(FUND 5140) EXHIEtIT 2017 2012 2013 2014 2015 2016 Cash Ba�ncs(�1!1 $2,833,747 $2,842,183 $7,358.831 $2,172,667 $2,312,840 2,452,014 Revenue: State Afd Bond Paymenb 100,000 100,000 100,OQ0 100,000 100,000 100,OQ0 Annual Construcdan AIIoUnent From State 1,500,000 Mnual Maintenance Allotmerrt Fram S�te 274,727 274,727 274,T27 274,727 274,727 274,727 MMAP Agreement(MNDQ�-Winnekfia/55 702,000 Speclal Aas�smenb-State-Aid Bonds(Harold) 24,000 20,000 20,000 20,000 SpeGlal Assessmersffi-State-Aid Bonds; Golden Valley Rd.-Douglas Dr.to T.H.100 12,520 12,520 12,520 12,820 12,b20 12,b20 IMerest Earnfngs (%of Beg.Bal.) 14,189 29,422 13,588 21,T27 23,126 24,611 Total AvaUabte 3,235,163 4,868,831 2,481,667 2,801,840 2,743,014 2,883,872 �?coenditures: Malntenance 100,OU0 100,000 100,000 100,000 100,000 100,000 Overlay Program 3s6,000 MSA Debt Servit�(ends 2027) 193,000 189,000 189,000 189,000 191,000 192,000 Harold Avenue ReconstructPon 7,fi0Q,000 Count Dovm Pedesbi8n Signals 25,000 Reca�truct Rsilroad Crossings 20,000 20,000 Winnetka Ave and Trunk Highway 55 1,30D,Q00 Total Expenditur� 283 Ofl0 3,500 000 309 000 289 OQO 2810b0 292 000 Estimaied Net Assets(�12J31 $2,842,183 $1,358,831 $2,172,687 $2,312,840 $2,452,014 $2,591,872 2Q11 2012 2013 2014 2015 2016 Stete Ald AccauM Balenc�(MSA)�1/1 $1,635,441 $1,898,298 $75T,155 $1,118,012 �1,478,869 $1,839,726 Revenua Alloc�bon tor Cor�truction 460,857 460:857 460,857 484,857 460,857 460,85?' AilocaUon for Mau�tenance 274.727 274,727 274,727 274,727 274,727 274,727 Totai Ava�able 2,271.025 2,631,$82 9,492,739 1,853,598 2214,453 2,575,31Q E�g�enditures. Trar�fers for Bor�ls(City State Aad Accaur�t} 700,000 100,000 100,000 9Q0•�0 108,000 100,000 Transfers for Maintenance 274,727 274,727 274,727 2T4,T27 274,727 274,727 Harold Avenue Re��trucUon 7,500,000 To�l Expenditu� 374,727 1,874,727 374,727 374,727 374,727 374�T27 EsUmat�NetAsaets(�12i3i $1.898,298 $757,155 $1,118,012 $1,478.869 $1,839,728 $2,200,583 Page 13 Resolution 11-36 July 19, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A MINNESOTA DEPARTMENT OF TRANSPORTATION MUNICIPAL AGREEMENT PROGRAM SUBMITTAL FOR INTERSECTION IMPROVEMENTS AT WINNETKA AVENUE AND TRUNK HIGHWAY 55 WHEREAS, the Minnesota Department of Transportation has allocated funding for cooperative agreement projects that mutually benefit operations on both trunk highways and local streets; and WHEREAS, the Minnesota Department of Transportation has identified existing operational issues at the intersection of Winnetka Avenue and Trunk Highway 55 that negatively impact the entire Trunk Highway 55 Gorridor through Golden Valley; and WHEREAS, Hennepin County has identified traffic congestion and delay along Winnetka Avenue, north of Trunk Highway 55, as a result of the exiting geometric configuration of the intersection of Trunk Highway 55 and Winnetka Avenue/CSAH 156; and WHEREAS, Golden Valley has identified traffic congestion and delay along Winnetka Avenue, south of Trunk Highway 55, as a result of the existing geometric configuration of the intersection of Trunk Highway 55 and Winnetka Avenue/CSAH 156; and WHEREAS, the City is committed to providing the funding above and beyond those provided as part of the Municipal Agreement Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to request funding through the Municipal Agreement Program from the Minnesota Department of Transportation for the proposed 2012 improvement of the intersection of Trunk Highway 55 and Winnetka Avenue/CSAH 156 and to commit to providing the local share of funding for the project if awarded a grant. 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. ofy ; City Administration/Council O °;, .,�� a, e 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 3. H. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary � As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $20 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachment Beer and/or Wine Request List (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST cc DATE INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED Nancy Kastner 07-20 5 pm — 10 pm large 07-19-11 Penny DeMars 07-20 11 am—4 pm large 07-19-11 Optim Health 07-21 11 am—4 pm large 07-19-11 US Bancorp 07-21 5 pm — 10 pm large 07-19-11 Faisal Khan 07-21 11 am —4 pm large 07-19-11 Elaine Wedel 07-22 11 am — 10 pm large 07-19-11 Adewale Mafe 07-23 5 pm — 10 pm large 07-19-11 Tim Perry 07-23 11 am —4 pm large 07-19-11 Faegre & Benson 07-25 5 pm — 10 pm small 07-19-11 Hauer Fargione-Cindy Nelson 07-27 11 am —4 pm large 07-19-11 Lansing Group 07-27 5 pm — 10 pm small 07-19-11 Jennifer Braun 07-27 5 pm — 10 pm large 07-19-11 The Carrot Agency 07-28 11 am —4 pm small 07-19-11 Lynn Schneider 07-30 5 pm — 10 pm large 07-19-11 Jesse Casillas 07-30 11 am — 10 pm small 07-19-11 Kristine Allen 07-31 11 am —4 pm small 07-19-11 Nancy Kastner 08-03 5 pm— 10 pm large 07-19-11 Heidi Thompson 08-03 11 am —4 pm large 07-19-11 John Griffin 08-03 11 am —4 pm small 07-19-11 Tennant 08-05 11 am—4 pm small 07-19-11 Martha Bradbury 08-06 11 am —4 pm small 07-19-11 General Mills 08-10 5 pm — 10 pm small 07-19-11 Ed Thurmes 08-11 11 am— 10 pm large 07-19-11 Honeywell 08-11 11 am—4 pm small 07-19-11 Christy McCauley 08-13 5 pm — 10 pm small 07-19-11 Julie Moe 08-14 5 pm — 10 pm large 07-19-11 Nancy Kastner 08-17 5 pm — 10 pm large 07-19-11 Open Systems 08-19 11 am— 10 pm large 07-19-11 John Stiffin 08-20- 11 am —4 pm small 07-19-11 Nancy Cooper 08-20 11 am— 10 pm large 07-19-11 Mary Von Ruden 08-21 5 pm — 10 pm small 07-19-11 Halleand Habicht 08-23 11 am —4 pm large 07-19-11 William Hickey 08-27 11 am—4 pm large 07-19-11 David Harris 08-27 5 pm — 10 pm large 07-19-11 Lisa Medici 08-27 5 pm — 10 pm small 07-19-11 Kathy Heimerl 08-28 11 am —4 pm small 07-19-11 Optim Health 08-30 11 am —4 pm large 07-19-11 Costco 09-05 11 am —4 pm large 07-19-11 Nancy Kastner 09-07 5 pm — 10 pm large 07-19-11 General Mills 09-16 11 am—4 pm large 07-19-11 Network Instruments 09-24 11 am —4 pm large 07-19-11 Janet Knip 09-25 11 am—4 pm large 07-19-11 Reuben Prodahl 10-02 11 am —4 pm large 07-19-11 'Ci�o, �� . � `, `.�� a e Fire Department ,; 763-593-8079/763-593-8098 (fax) , �: � ��.r� Executive Summary for Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 4. A. Public Hearing - Second Consideration - Ordinance #462 - Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary At the May Council/Manager meeting, Staff presented the Model Tobacco Ordinance developed by the League of Minnesota Cities and the Public Health Law Center. The Model Ordinance is in response to the Tobacco modernization and Compliance Act of 2010. The new law includes modifying the definition of tobacco to include any tobacco product that can be ingested, prohibits selling tobacco products, rolling papers and pipes in open displays and prohibits minors from purchasing rolling papers. The City Council approved the ordinance on its first consideration on July 5, 2011. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. In order to save publishing costs Staff is requesting the Council approve publication of the Summary Ordinance. This action requires a 4/5 vote. Attachment Ordinance #462, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco (10 pages) Summary of Ordinance #462, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco (3 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #462, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco. Motion to approve publication of the Summary of Ordinance #462, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco. ORDINANCE NO. 462, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 6, Section 6:34 entitled "Tobacco" is hereby repealed in its entirety. Section 2. City Code, Chapter 6, Section 6:34 is hereby amended by adding a new Section 6:34, entitled "Tobacco", reading as follows: Section 6.34.: Tobacco Subdivision 1. Purpose and Intent Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minnesota Statutes § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: Khuder SA, et al., '�Age at Smaking Onset and its Effect on Smoking Cessation," Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked,"Anna/s of Epidemio/ogy 4(6):455-59, November 1994; Chen, J & Millar, WJ, "Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. Subdivision 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. Compliance Checks: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance Checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobetia delivery devices. B. Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. C. Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. D. Loosies: The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than two dollars ($2.00) per cigar. E. Minor: Any natural person who has not yet reached the age of eighteen (18) years. F. Moveable Place of Business: Any form of business operated out af a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. G, Nicotine or Lobelia Delivery Devices: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this Section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. H. Retail Establishment: Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. I. Sale: Any transfer of goods for money, trade, barter or other consideration. J. Self-Service Merchandising: Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self- service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. K. Smoking: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. L. Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snufF; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. M. Tobacco-Related Devices: Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. N. Vending Machine: Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. 5ubdivision 3. License A. License Required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. B. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision, D. Term. All licenses issued under this Section shall be valid for one (1) calendar year from the date of issue. E. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Subdivision 13. F. Transfers. All licenses issued under this Section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another lacation or person shall be valid without the prior approval of the City Council. G. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Section. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. I. Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. J. Issuance as Privilege and Not a Right. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. K. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Subdivision 4. Fees No license shall be issued under this Section until the appropriate license fee shall be paid in full. The fee for a license under this Section shall be established by the City Council and adopted by ordinance, and may be amended from time to time. Subdivision 5. Basis for Denial of License A. Grounds for denying the issuance or renewal of a license under this Section include but are not limited to the following: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. 3. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding twelve (12) months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. C. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. Subdivision 6. Prohibited Sales It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: A. To any person under the age of eighteen (18) years. B. By means of any type of Vending Machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. D. By means of Loosies as defined in Subdivision 2. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. F. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subdivision 7. Self-Service Sales It shall be unlawful for a licensee under this Section to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobetia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this Section is adopted shall comply with this Section within ninety (90) days following the effectiue date of this Section. Subdivision 8. Responsibility Ali licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Section, state or federal law, or other applicable law or regulation. Subdivision 9. Compliance Checks and Inspections All licensed premises shall be open to inspection by the city police or other authorized city o�cial during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Subdivision 10. Other Illegal Acts Unless otherwise provided, the following acts shall be a violation of this Section: A. Illegal Sales. It shall be a violation of this Section for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. B. Illegal Possession. It shall be a violation of this Section for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (B) shall not apply to minors lawfully involved in a compliance check. C. Illegal Use. It shall be a violation of this Section for any minor to smoke, chew, snifF or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device D. Illegal Procurement. It shall be a violation of this Section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Section for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (D) shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this Section for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subdivision 11. Exceptions and Defenses Nothing in this Section shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Section for a person to have reasonably relied on proof of age as described by state law. Subdivision iZ. Severability If any Section or provision of this ordinance is held invalid, such invalidity shall not afFect other Sections or provisions which can be given force and effect without the invalidated Section or provision. Subdivision 13. Violations and Penalty A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fne not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed five hundred dollars ($500). In addition, after the first violation, the license shall be suspended for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine not to exceed seven hundred fifty dollars ($750). In addition, after the second violation, the license shall be suspended for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine not to exceed one thousand-dollars ($1,000). In addition, after the third violation, the license shall be suspended for not less than thirty (30) consecutive days. 4. Fourth violation within twenty-four (24) months. After the fourth violation the license shall be revoked for at least one (1) year. C. Administrative Penalty Procedures. No suspension or penalty may take efFect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. E. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A.503. F. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subd. 12. Subdivision 14. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Section 3. 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 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6, Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 19th day of July, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk SUMMARY OF ORDINANCE NO. 462, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Section 6.34: Tobacco The City Council for the City of Golden Valley has repealed Section 6.34 and added a new Section 6.34 regulating Tobacco sales, including the following provisions: Creating a new Purpose and Intent; adding or revising the definitions for Compliance Checks, Individually Packaged, Indoor Area, Loosies, Minor, Moveable Place of Business, Nicotine or Lobelia Delivery Devices, Retail Establishment, Sale, Service Merchandising, Smoking, Tobacco Products and Tobacco-Related Devices and Vending Machine; Outlining changes to the License Process including application, term, revocation or suspension, transfers, fees, requirement for a fixed location, renewal, Council consideration, requirement to display license, prohibition of smoking on premises and basis for denying the issuance or renewal of a license. The Ordinance further prohibits tobacco sales as follows: A. To any person under the age of eighteen (18) years, B. By means of any type of Vending Machine, C. By means of self-service methods, D. By means of Loosies as defined in the Ordinance, E. Containing opium, morphine, jimson week, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process, or F. By other means, to any other person, on in any other manner of form prohibited by federal, state or other local law, ordinance provision, or other regulation. The Ordinance provides that Licensees are responsible for actions of their employees in regard to the sale of any of the prohibited products, with the sale by the employee considered a sale by the license holder, although this provision does not prohibit the City from also subjecting the clerk to pertinent penalties. Compliance Checks and Inspection are outlined in the Ordinance as follows: All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tabacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Ordinance shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. The sale to and possession of tobacco products by minors is prohibited as follows: A. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This restriction shall not apply to minors lawfully involved in a compliance check. B. Illegal Use. It shall be a violation of this Ordinance for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. C. Illegal Procurement. It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or othervuise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This restriction shall not apply to minors lawfully involved in a compliance check. D. Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. The Ordinance further states: Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by state law. Violations and Penalties are identified in the Ordinance as follows: A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Ordinance the person shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Ordinance the licensee shall be charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed five hundred dollars ($500). In addition, after the first violation, the license shall be suspended for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine not to exceed seven hundred fifty dollars ($750). In addition, after the second violation, the license shall be suspended for not less than fifteen (15) consecutive days. 3. Third violation within twenty-four (24) months. The Council shall impose a civil fine not to exceed one thousand-dollars ($1,000). In addition, after the third violation, the license shall be suspended for not less than thirty (30) consecutive days. 4. Fourth violation within twenty-four (24) months. After the fourth violation the license shall be revoked for at least one (1) year. C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee or person has received, notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. The Ordinance further provides that if any Section or provision of the Ordinance is held invalid, such invalidity shall not affect other Sections or provisions which can be given force and effect without the invalidated Section or provision. This is only a summary of the Tobacco Ordinance amendment. You are invited to consult the full text of the Ordinance amendment by viewing at City Hall. f : Planning o �,/� a, e 763-593-8085/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 4. B. Public Hearing - Ordinance #463 -Adding a New Section 11.04: Temporary Uses Prepared By Joe Hogeboom, City Planner Summary In response to the request to operate the Cavalia event at the Shops at West End, staff proposes to amend City Code by adding a section that regulates "temporary uses."With the proposed ordinance, community-oriented venues would be subject to temporary use guidelines. To ensure that temporary uses are consistent with zoning rules, public safety concerns and are non-detrimental to municipal infrastructure, temporary uses would be evaluated using the following criteria: 1. Review of site plan for conformance to zoning regulations including, but not limited to: parking, signage, lighting, sound and landscaping; 2. Plans for vehicle and pedestrian access, parking and traffic control; 3. Provision of appropriate utilities including but not limited to: sewer, water, waste disposal, organic recovery, recycling, surface water drainage, and power; 4. Provision of appropriate public safety measures, including, but not limited to, adequate steps to ensure fire protection and security of the site; 5. A cleanup plan; 6. Other conditions to address the public health, safety, welfare and community impacts from the use. 7. A proposed maximum time period not to exceed one hundred eighty (180) days. Attachments Planning Commission Minutes dated June 27, 2011 (2 pages) , Ordinance #463, Adding a New Section 11.04: Temporary Uses (2 pages) Recommended Action Motion to adopt Ordinance #463, Adding a New Section 11.04: Temporary Uses. ` Minutes of the Golden Valley Planning Commission June 27, 2011 Page 5 MOVED by McCarty to amend he motion in order to strike the added language in Subdivision C(3) referring to " nstruction has comm nced" and work is proceeding in an " erly way", seconded by Ki ' h. Upon a roll call e, the vote was as follows: ; Cera — Kisch —Yes, Kluc a — No�fcCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser— � .�� ;� Waldhauser asked for, -roll c � e arding recommending approval of the original motion listed abo��tthe moti �n before c ' endment). Upon a ��II�caal vote, the vote was as ws: Cer es, Kisch —Yes, Klu �hka—Yes, McCarty—Yes, Schmi��ll —1��5, Sege`Ibaum — No hauser—Yes �' 4. Informal Public Hearing —Zoning Code Text Amendment--Adding Language to the Zoning Code regarding Temporary Uses —ZO�p-88 �. ,, ,{ �, Applicant: City of Golden Valley „ �' j`ri;; ��?�;�f�� Purpose: To add language to the Zonin�;,Code to`°�a,llow for temporary uses r �, Grimes explained that the current Zoning Code doesn't have a way to permit temporary uses so the City Council has asked th� Planning �arr��mission to consider adding language to the Zoning Code reg��ding��emp��rary uses. He discussed a request the City recently received from Cavalia vv�nting t�i ope�`�� a large Cirque de Soleil-like event with horses. ,� �� ' � � Waldhauser stated that srri�ller��ents�r�i��ght have a hard time meeting the proposed new requirements. '�� ' � ,; Cera stated hea�iked ��t� re�;�Q�Fr�g��omponent of the ordinance and suggested language regarding organic�Fecov`er�i be added as well. Kisch questioned hc�w the City would define which types of events or uses would fall within this Qrdinance. He added that the language allowing a use for 120 days seems excessive nr arbitrary. Grimes said the Council could address these items and evaluate them t4 the degree they want. � ��p iki; Segelbau ��'>>�i�estioned if the proposed language gives the City broad enough discretion if there is a smaller event that would not require strict adherence to the requirements listed in the proposed ordinance. He also suggested adding language regarding reimbursement of City costs and resources. Grimes noted that the City does have the right to charge applicants for any costs the City incur. Grimes said the Council could amend the ordinance language in the future if there is something that needs to be changed. Kluchka asked about the price of a Temporary Use Permit. Grimes explained that all fees are determined in the City's fee schedule which is set by Council. ' Minutes of the Golden Valley Planning Commission June 27, 2011 Page 6 Segelbaum asked if the Planning Commission would review future temporary use permit requests. Grimes said the Council could choose to have the Planning Commission review the requests. Kluchka suggested removing the language regarding events not exceeding 120 days so the City isn't limiting itself. Grimes agreed that the Council could decide what "temporary" means. Waldhauser opened the public hearing. Seeing and hearing no one wishing;to.comment, Waldhauser closed the public hearing. dw � °� ��;, , �'�<<�. `�;,a McCarty suggested changing the title of the ordinance to Tempo,r��ji Eve�rtt� inst��`,d of Temporary Uses. The Commission consensus was to lea�e the��tle T�mpd�'�ry lJ�es but to remove the words "Carnivals, Festivals, etc." McCarty also suggested adding "farmers' markets" to the list of examples in Subdivision 2(A) and using"the wQ;rds "but'not limited to" more consistently. Kluchka suggested adding language regarding th�j�ler��th�,of tirrl'e f�r an event as criteria number 7 in Subdivision 2(A). 11�OVED by Cera to recommend approval,.witli the�above nated additions/changes, to add language ta the Zoning Code allowing for�tempoiary uses:�' MOVED by McCarty to amend th�Trriotit�n tb change the language in Subdivision 2(A) to read "The City Council may perr�i`��in an�i�nonre�idential use district for a temporary use such as carnivals, circuses,;��iv��,b�u� not add��ing "as established by the City CounciP' if a length of time criteria is establi�hed��s number 7 in the requirements. Cera accepted the amendment to the mdtion, Kluchka seconded the motion and the motion carried unanimously. --Short Recess-- E� 5. Reports'�d�n e�t��tgs aif�he Housing and Redevelopment Authority, City Counc�l, Bo ed c�p�Zoning Appeals and other Meetings . d { �E�"�d Ne� �� d� � No rep � s�_.w�r°��giv` � � �°�° �; 6 Othe ' ;usin s No other'busines= iscussed. 7. Adjour ent � The mee ' g was adj urned a :49 pm. avid Cera, Secretary ORDINANCE NO. 463, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 11.04: Temporary Uses The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 11 is hereby amended by adding Section 11.04 as follows: Section 11.oq.: Temporary Uses Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring land uses. Subdivision 2. Authorized Temporary Uses A. The City Council may permit in any nonresidential use district for a temporary period not to exceed one hundred eighty (180) days temporary uses such as carnivals, circuses, farmers' markets, festivals and promotional events, including art fairs, upon the following: 1. Review of site plan for conformance to zoning regulations including, but not limited to: parking, signage, lighting, sound and landscaping; 2. Plans for vehicle and pedestrian access, parking and traffic control; 3. Provision of appropriate utilities including, but not limited to: sewer, water, waste disposal, organic recovery, recycling, surFace water drainage, and power; 4. Provision of appropriate public safety measures, including, but not limited to, adequate steps to ensure fire protection and security of the site; 5. A cleanup plan; 6. Other conditions to address the public health, safety, welfare and community impacts from the use. 7. A proposed maximum time period not to exceed one hundred eighty (180) days. B. Such temporary uses shall be permitted within the required front yard, side yard, or rear yard; except where prohibited under Section 7.04 of this Code. They shall not be allowed within the public right-of-way or other public property unless such right-of-way will be closed for the event by the City. 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 of 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 Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of July, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATf EST: /s/Susan M. Virnip Susan M. Virnig, City Clerk pf� Planning 0 ' �n a, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 4. C. Public Hearing - Ordinance #464, Deleting and Replacing in its Entirety Section 11.90, Subdivision 4, Board of Zoning Appeals Prepared By Joe Hogeboom, City Planner Summary In 2010, Minnesota Supreme Court ruled that cities do not have authority to grant variances if the property owner requesting the action could put the property to a reasonable use without a variance. On May 5, 2011, a law was initiated that amends the standards for granting a variance. The new law again permits localities to grant variances. The most significant change befinreen the former legislation and the current legislation is the elimination of the term "hardship." Under the new regulations, a locality may issue a variance to a zoning regulation if"practical difficulties" exist. Practical difficulties include: • The property owner proposes to use the property in a reasonable manner not permitted by an official control. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • A variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan. City Code must be amended to reflect the new legislative language. The attached ordinance, recommended by Staff and the Planning Commission, brings City Code into conformance with current state law. Attachments Planning Commission Minutes dated June 13, 2011 (3 pages) Planning Commission Minutes dated June 27, 2011 (2 pages) Underlined/Overstruck Version of Section 11.90, Subd. 4 (4 pages) Ordinance #464, Deleting and Replacing in its Entirety Section 11.90, Subdivision 4, Board of Zoning Appeals (4 pages) � Recommended Action Motion to adopt Ordinance #464, Deleting and Replacing in its Entirety Section 11.90, Subdivision 4, Board of Zoning Appeals. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 4 The adult day care shall be limited to e amount specified by the Minnesota epartment of Human Services. 4. hours of normal operation shall b from 7 am to 5:30 pm with the e�. ption of occ ional evening social functions. �� 5. All im ovements to the building must eet the City's Building Cod � equirements. 6. All nece ary licenses must be obtain by the Minnesota Depa� � ent af Human Services a the Minnesota Departme of Health before adu aycare operatians may commen . Proof of such licensin must be presente '`o the Director of Planning and D elopment. 7. All outdoor trash a recycling containe must be scr.. `' ned in a manner acceptable to the Inspections De rtment. ` (.. 8. The trailer used for stor e and other te porary,. �orage buildings must be removed from the site no later than gust 1 201 . ,r��' 9. An Infiltration and Inflow Insp tion and . qu'�°ed compliance rehabilitation identified by the inspection must be com ted pri r,; �� approval of the amended CUP by the City Council. If the rehabilitation c not,- completed by the time of the approval of the amended CUP by the City Coun '°� � M Properties may post an escrow in a form approved by the Director of P�" ic� orks of 125% of the estimated cost to complete the rehabilitation work.,;�� e wor �;.�nust be done within 90 days of approval of the amended CUP by the Ci,, 'Council.;If��e work is not completed by that time the City has the right to use t�i�scrow to°com�ete the work. 10. The applicant will provide a. ` onsite bicycl� rack�a��wing parking for a minimum of five bicycles. F�`� � �, 11. The requir�ments foun _= n the memo to � rk Grimes;�{,�irector of Planning and Development, from �°Anderson, Deputy ire Marshal, ' �dated May 17, 2011 shall become a pa;_;� f these requirement . . 12. All other applicab, local state and federa' requirements shal�\'�e met at all times. The Planning Co- mission bases its recomm.,ndation on the followin' ,indings: • The ro ed ex ansion of adult da care' t this location is consisten�'th the p p p Y Genera �-and Use Plan map and zoning f�r this area. . There an increasing need for adult day � re services, especially with the la e and gro g number of adults in Golden Valle and the metro area over 65 years o age. • L acy Adult Daycare is an experienced p ovider of adult daycare services. • e site provides adequate parking, acces and amenities for the clients and office uses in the building. 3. Informal Public Hearing —Zoning Code Text Amendment—Amending Variance-Related Language in Section 11.90: Administration of City Code — ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties." Minutes of the Golden Valley Planning Commission June 13, 2011 Page 5 Hogeboom discussed recent legislation that changes standards for granting variances. He stated that, in response to a 2010 State Supreme Court decision, a new law was enacted that enables cities and counties to grant variances to zoning regulations based on "practical difficulties." Hogeboom stated that practical difficulties exist if: • The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • A variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan. Hogeboom explained that the section of City Code that regulates variances must be updated to reflect the new variance law. Segelbaum stated that he believes the City Code language should include the four qualifiers for a practical difficulty, stated by Hogeboom. Cera agreed and stated that City Code would be more understandable to property owners if it incorporated the bullet points. Kluchka inquired if ordinances and City Code revisions are proof-read by those not affiliated with the City to ensure that they are comprehensible and well-understood. Grimes stated that this does not occur, but the City's Communication Coordinator reviews the documents and provides feedback as needed. McCarfy questioned the timeline for variances, and asked for clarification on what qualifies as an "other action" in the one-year time period in which a property owner must act on a variance Order. Hogeboom stated that "other actions" are typically viewed as applications for permits. McCarty requested that this item be clarified by the City Attomey. Segelbaum questioned the appeals process for a variance ruling and asked when a property owner can act on a variance that is granted. Hogeboom stated that a variance can be acted upon following the receipt of the Final Drder of the Board of Zoning Appeals. The Final Order is typically mailed within a few days following a Board of Zoning Appeals meeting. Segelbaum questioned how a property owner can act on a variance ruling several days after a Board of Zoning Appeals meeting when an aggrieved party, presumably a neighbor, has up to 30 days from the mailing of Final Order to appeal a variance ruling. Hogeboom stated that he believes there is a legal reason for the timeframe. He will discuss this matter with the City Attorney and report back to the Planning Commission at the next meeting. Cera requested that the written and parenthetical numbers in the Ordinance be consistent. MOVED by Segelbaum, seconded by Kluchka to recommend amending Section 11.90: Administration of City Code and incorporate the following: Minutes of the Golden Valley Planning Commission June 13, 2011 Page 6 • Better define the definition of"practical difficulties." • Make consistent the written and parenthetical numbers in the code language. • Review and possibly modify reference to "other actions" in Section 11.90, Subd. C. Paragraph 3. • Determine if language in Section 11.90, Subd. C, Paragraph 2 should be modified to reflect a more streamlined timeline for a variance appeals process. Upon further discussion, the Planning Commission voted to table the action to allow staff to better address the above questions. MOVED by Segelbaum, seconded by Kluchka to withdraw the motion. MOVED by McCarty, seconded by Schmidgall to table amending Section 11.90: Administration of City Code to the June 27 Planning Commission Meeting and direct staff to: • Better define the definition of"practical difficulties." • Make consistent the written and parenthetical numbers in the code language. • Review and possibly modify reference to "other actions" in Section 11.90, Subd. C. Paragraph 3. • Determine if language in Section 11.90, Subd. C, Paragraph 2 should be modified to reflect a more streamlined timeline for a variance appeals process. Other Busines Hog oom announce the upcoming open houses for both the Bassett Creek Regional - Trail pl ning and the ottineau Transifinray planning, both taking place on June 14. Waldhau announc d the upcoming W' Park Improvements meeting also taking place on Ju 14. Waldhauser req ' t t taff clarify "findings" and what the Commission should cite as findings for upcomi`� ' sues. Hogeboom will discuss with the City Attorney and report back to the Co s at the next meeting. 9. ournmen T meeting was a ourned at . 5 pm. David Cera, Secretary Minutes of the Golden Valley Planning Commission June 27, 2011 Page 4 3. Continued Informal Public Hearing —Zoning Code Text Amendment— Amending Variance-Related Language in Section 11.90: Administration of City Code —ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties" Grimes reminded the Commission that this item was tabled at their last meeting. Since then language has been added to better define practical difficulties. Language has also been added to synchronize the approval and appeal process stating that a variance shall not be effective until 30 days after it is approved in order to allaw an aggrieved party to appeal. Waldhauser asked if a 30-day appeal process is typical, Segelbaum said he believes the City of Minnetonka has a 15-day appeal process. He said he is in favor of having a waiting period, but feels 30 days is too long to make an applicant wait to start a project. Schmidgall said he feels the language proposed to the Corrimission at their last meeting was fine. He said that making an applicant wait 30 days after they've received a variance is onerous. Waldhauser agreed. Waldhauser opened the public hearing: Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kisch said he agrees with the language that was added to define practical difficulties, but he disagrees with adding a 30-day waiting period for the issuance of a variance because it is burdensome to the applicant. Waldhauser agreed. Cera suggested requiring a 7 #0 1'0 day waiting period. McCarty said he is not in favor of making an applicant wait to start their project. He added that he liked the language in the proposed ordinance before it was amended. He referred to Subdivision 4(C)(3) on page 5 and said the terms "construction has commenced" and `brderly way" are ambiguous and need to be better defined. Kluchka said his questions and concerns from the last meeting have been addressed so he is in faVor of recommending approval of the proposed language as it has been written. MOVED by Kisch, seconded by Kluchka to recommend approval of the proposed language minus the sentence in Subdivision C(2) which reads as follows: The final written Order of the Board of Zoning Appeals shall not be effective, nor any permits be granted thereon, until the later of the expiration of the thirty (30) days after the Order or, if appealed to the City Council, the Council's service of a written report of its findings and determinations. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 5 MOVED by McCarty to amend the motion in order to strike the added language in Subdivision C(3) referring to "construction has commenced" and work is proceeding in an "orderly way", seconded by Kisch. Upon a roll call vote, the vote was as follows: Cera — No, Kisch —Yes, Kluchka— No, McCarty— Yes, Schmidgall —Yes, Segelbaum -- No Waldhauser— No Waldhauser asked for a roll call vote regarding recommending approval of the original motion listed above (the motion before McCarty's amendment). Upon a roll eall vote, the vote was as follows: Cera —Yes, Kisch --Yes, Kluchka—Yes, McCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser—Yes 4. Informal Public Hearing —Zoning Code Text Amendment—Adding Language to the Zoning Code regarding emporary Uses —ZOQO-88 Applicant: City of Golden Vall y rpose: To add language t the Zoning Code to allow for tempor ry uses Grimes expla ed that the current Zo ng Code doesn't have a way tc�a ermit temporary uses so the Ci ouncil has asked t Planning Commission to cc�sider adding language to the ing Code regardi g �emporary uses. He d��t;ussed a request the City recently received fro Cavalia wanti to operate a large��que de Soleil-like event with horses. Waldhauser stated that sm er even s might e a hard time meeting the proposed new requirements. ,.� � , Cera stated he liked the recycling � I ponent of the ordinance and suggested language regarding organic recovery be a �e s well. Kisch quesfiioned how the woul defin which types of events or uses would fall within this ordinance. H dded that he lang ge allowing a use for 120 days seems excessive or,arbitrary rimes said e Council uld address these items and evaluate the�m;to the degree ey want. �., Segelbaum q stioned if the propo ; d language gives City broad enough discretion if there is a s Iler event that would �t require strict adher ce to the requirements listed . in the pro sed ordinance. He also uggested adding langua regarding reimbursement of City sts and resources. Grime noted that the City does have the right to charge applic nts for any costs the City inc� r. Grimes said the Council could amend the ordi ance language in the future if f ere is something that needs to be changed. uchka asked about the price of a emporary Use Permit. Grimes explained that all fees re determined in the City's fee sch dule which is set by Council. Subdivision 4. Board of Zoning Appeals There is hereby created a Board of Zoning Appeals which shall be organized, operated and have certain powers, as follows: A. Organization. 1. The Board of Zoning Appeals shall consist of five (5) members. All members of the Board of Zoning A�peals shall serve a one-(1) year term. During the month of April the City Council shall appoint four (4) of the members and two (2) alternate members. A Planning Commissioner, appointed each year at the annual meeting of the Planning Commission, shall be the fifth (5t") member of the Board of Zoning Appeals. All of the members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any member of the Board of Zoninq Appeals�any member of the Planning Commission may serve as an alternate. At least one (1) member of the Planning Commission shall be present at each meeting of the Board of Zonina Appeals. The Board of Zoning A�peals shall meet at least once a month if there are any petitions pending for action. 2. The ��Board of Zoning Appeals shall keep a written record of all of its proceedings, including minutes of its meetings, its findings and the action taken on each matter heard by it including its Final Order. The Board of Zoning Appeals shall adopt such further rules for the conduct of its proceedings as it shall deem necessary, including rules governing the exact date of its meetings, the date by which petitions must be filed to appear on the agenda of any particular meeting, provisions for the conduct of the meeting including the matter of giving of oaths to witnesses at the hearings, the manner in which evidence might be presented at the hearings and provisions for the filing of written briefs by the petitioner or other interested parties. B. Powers. The Board of Zoning Appeals shall have the following powers with respect to this Chapter: 1. To decide appeals where it is alleged that an error has been made in any Order, requirement, decision or determination and/or interpretation made by a City administrative officer in enforcement and administration of this Chapter. 2. To hear requests for variances from the ' � ' requirements of this Chapter, including restrictions placed on nonconformities. Variances shall onlv be permitted when they are in harmony with the general purposes Golden Valley City Code Page 1 of 4 and intent of this Chapter and when the variances are consistent with the comprehensive plan. A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in compl�ring with this Chapter. ��Practical difficulties," as used in connection with the g.ranting of a variance, means: a. the propperty owner proposes to use the property in a reasonable manner not oermitted by this ChapterR b. the plight of the property owner is due to circumstances unique to the prop�ertv not created by the property ownerr and c. the variance, if granted, will not alter the essential character of the Iocality• 3. Economic considerations alone do not constitute.practical difficulties. Practical difficulties include but are not limited to�inadequate access to direct sunlight for solar energ_y systems. Notwithstanding the foregoina, variances shall be granted for earth sheltered construction as defined in Minnesota Statutes section 216C.06, subdivision 14� when in harmonv with this Chapter. 4. The Board of Zoning Appeals may not grant a variance that would allow any use that is not �ed--allowed under this Chapter for property in the zone where the affected person's land is located. �e-Bea�d The Board of Zonina Appeals may impose conditions in the granting of variances. A condition must be directly related to ' . and must bear a rouqh proportionality to the impact created by the variance. �. , �� 5. When either the City, Hennepin County or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring, a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subparagraph shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this sub-paragraph shall be interpreted to lessen the requirement for a traffic management plan contained in Section 11.56 of the City Codee Go/den Valley City Code Page 2 of 4 C. Procedure. 1. Appeals to the Board of Zoning Appeals may be taken by an affected person upon filing of a petition form with the designated staff liaison. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such petitions must be received by the Department of Planning and Development no later than fifteen (15) working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of �oning Appeals. Each petition shall be comprised of a survey, prepared by a registered land surveyor licensed in the State of Minnesota, locating all property lines, buildings, and streets along with a completed petition form, provided by the City, and a filing fee as prescribed in this Chapter. The petition form shall be completed in sufficient detail to clearly demonstrate the variance applied for or the administrative act being appealed therefore, and shall set forth the reasons and justification cited by the petitioner as grounds for granting the petition. 2. The Board of Zoning Appeals shall give at least ten (10) days written notice of the time, place of hearing and nature of the appeal to the � petitioner and to all adjacent (abutting) property owners. Any party may appear at such hearing, whether in person or by agent or attorney. The Board of Zoning A�peals shall make its Order with respect to said appeal within seventy (70) days from the date of the hearing thereon. Within thirty (30) days of the final written Order of the Board of Zoning A�peals any petitioner feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the designated stafF liaison, thereby appealing the decision of the Board of Zoning Appeals to the Council. Therefore the Council shall, within thirty (30) days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States Mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner hereinabove provided, then the decision of the Board of Zoning A�peals shall be final. 3. In those cases where the efFect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse after the expiration of one (1) year following the date of service by mail of the Order granting the variance, unless construction has commenced or a valid buildingpermit for the work described in the variance has been issued and work is proceeding in an orderly wa r��'�"�- ��}�� •~-~��' within said one (1)-year period in accordance with the plans for which such varlance was approved, or unless otherwise specified in the Order granting the variance. The Council in its sole discretion may grant an extension of up to one (1) additional year upon request of the applicant. Any modifcation of the plans prior to Golden I/alley City Code Page 3 of 4 or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if in the opinion of the Building Inspector such modification adversely affects any aspect of the plans directly involved in the consideration and approval of the earlier variance petition. 4. A variance shall be ��efFective only to the extent of the exact circumstances contained in the petition therefore or as approved. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new petition for variance if the official records of the Board of Zonin,g A,ppeals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance. Go/den Valley Cify Code Page 4 of 4 ORDINANCE NO. 464, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Deleting and Replacing in its Entirety Section 11.90, Subdivision 4 Board of Zoning Appeals The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 11 is hereby amended by deleting and replacing in its entirety Section 11.90, Subdivision 4. Board of Zoning Appeals as follows: Subdivision 4. Board of Zoning Appeals There is hereby created a Board of Zoning Appeals which shall be organized, operated and have certain powers, as follows: A. Organization. 1. The Board of Zoning Appeals shall consist of�ve (5) members. All members of the Board of Zoning Appeals shall serve a one-(1) year term. During the month of April the City Council shall appoint four (4) of the members and two (2) alternate members. A Planning Commissioner, appointed each year at the annual meeting of the Planning Commission, shall be the fifth (5t") member of the Board of Zoning Appeals. All of the members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any member of the Board of Zoning Appeals,_any member of the Planning Commission may serve as an alternate. At least one (1) member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. The Board of Zoning Appeals shall meet at least once a month if there are any petitions pending for action. 2. The Board of Zoning Appeals shall keep a written record of all of its proceedings, including minutes of its meetings, its findings and the action taken on each matter heard by it including its Final Order. The Board of Zoning Appeals shall adopt such further rules for the conduct of its proceedings as it shall deem necessary, including rules governing the exact date of its meetings, the date by which petitions must be filed to appear on the agenda of any particular meeting, provisions for the conduct of the meeting including the matter of giving of oaths to witnesses at the hearings, the manner in which evidence might be presented at the hearings and provisions for the filing of written briefs by the petitioner or other interested parties. B. Powers. The Board of Zoning Appeals shall have the following powers with respect to this Chapter: 1. To decide appeals where it is alleged that an error has been made in any Order, requirement, decision or determination and/or interpretation made by a City administrative ofFicer in enforcement and administration of this Chapter. 2. To hear requests for variances from the requirements of this Chapter, including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this Chapter. "Practical difficulties," as used in connection with the granting of a variance, means: a. the property owner proposes to use the property in a reasonable manner not permitted by this Chapter; b. the plight of the property owner is due to circumstances unique to the property not created by the property owner; and c. the variance, if granted, will not alter the essential character of the locality. 3. Economic considerations alone do not constitute practical difficulties. Practical difficulties include but are not limited to, inadequate access to direct sunlight for solar energy systems. Notwithstanding the foregoing, varlances shall be granted for earth sheltered construction as defined in Minnesota Statutes section 216C.06, subdivision 14, when in harmony with this Chapter. 4. The Board of Zoning Appeals may not grant a variance that would allow any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. The Board of Zoning Appeals_may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. 5. When either the City, Hennepin County or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring, a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subparagraph shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this sub-paragraph shall be interpreted to lessen the requirement for a traffic management plan contained in Section 11.56 of the City Code. C. Procedure. 1. Appeals to the Board of Zoning Appeals may be taken by an afFected person upon filing of a petition form with the designated stafF liaison. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provlded that such petitions must be received by the Department of Planning and Development no later than fifteen (15) working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals. Each petition shall be comprised of a survey, prepared by a registered land surveyor licensed in the State of Minnesota, Iocating all property lines, buildings, and streets along with a completed petition form, provided by the City, and a filing fee as prescribed in this Chapter. The petition form shall be completed in sufficient detail to clearly demonstrate the variance applied for or the administrative act being appealed therefore, and shall set forth the reasons and justification cited by the petitioner as grounds for granting the petition. 2. The Board of Zoning Appeals shall give at least ten (10) days written notice of the time, place of hearing and nature of the appeal to the petitioner and to all adjacent (abutting) property owners. Any party may appear at such hearing, whether in person or by agent or attorney. The Board of Zoning Appeals_shall make its Order with respect to said appeal within seventy (70) days from the date of the hearing thereon. Within thirty (30) days of the final written Order of the Board of Zoning Appeals_any petitioner feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the Council. Therefore the Council shall, within thirty (30) days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States Mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner hereinabove provided, then the decision of the Board of Zoning Appeals shall be final. 3. In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse after the expiration of one (1) year following the date of service by mail of the Order granting the variance, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly way within said one (1)-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the Order granting the variance. The Council in its sole discretion may grant an extension of up to one (1) additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if in the opinion of the Building Inspector such modification adversely afFects any aspect of the plans directly involved in the consideration and approval of the earlier variance petition. 4. A variance shall be effective only to the extent of the exact circumstances contained in the petition therefore or as approved. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new petition for variance if the official records of the Board of Zoning Appeals indicate that the current proposal adversely afFects an aspect of the property that served as full or partial grounds for the earlier variance. 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 of 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 Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of July, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk Git�� D�` Planning 0 �/� �, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 "60 Days" Deadline: August 20, 2011 Agenda Item 4. D. Continued Public Hearing -Approval of Conditional Permit#119 -Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary Legacy Adult Daycare is proposing to amend their Conditional Use Permit by expanding the number of clients they serve at their existing location at 800 Boone Avenue North. The Planning Commission voted to recommend approval of this proposal at their June 13, 2011 meeting. At the July 5, 2011 City Council meeting the proposal was tabled to the July 19, 2011 City Council meeting in order to give the applicant additional time to bring the property into compliance with the City's I/I requirements. The applicant is again requesting additional time to bring the property into compliance with I/I requirements and would like their proposal tabled to the August 3, 2011 City Council meeting. Notice has been sent to property owners within 500 feet of 800 Boone Avenue North, informing them of the second continuance of this item. Recommended Action Motion to continue the public hearing for Approval of Conditional Permit#119, Amendment #2, 800 Boone Avenue North, DRAM Properties, LLC, Applicant, to the August 3, 2011 City Council meeting. _�y Planning o '' �� N, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 4. E. Continued Public Hearing - Ordinance #459 -Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use Prepared By Mark Grimes, Director of Planning and Development Summary The Planning Department proposes to amend Chapter 11.23: Medium Density Residential Zoning District (R-3) of City Code to allow high density senior and physical disability housing with a Conditional Use Permit (CUP). The R-3 Zoning District permits housing with a density of up to 12 units per acre. Under this proposal, senior and physical disability housing would not have a maximum density limit but rather would be regulated through the CUP process. This item was on the June 21, 2011 City Council meeting and was tabled to the July 12, 2011 Council/Manager meeting for further discussion. Staff is now asking that this item be continued to the August 3, 2011 City Council meeting in order to allow additianal time to incorporate the changes directed by the Council. Recommended Action Motion to continue the public hearing for Ordinance #459, Amending Section 11.23: Medium Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use to the August 3, 2011 City Council meeting. ;�,� , o ' 'V11 a e Fire De artment p " 763-593-8079/763-593-8098 (fax) , ��F.>� Executive Summary for Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 6. A. First and Second Consideration - Ordinance #465, Adding a New Section 4.07: Electrical Regulations and Inspections, and Authorization to Sign Agreement with Stephen Tokle Inspections, Inc. for Electrical Inspections Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The State of Minnesota has a consulting service agreement with Stephen Tokle Inspections, Inc., to provide electrical permit and inspection services in Golden Valley. During the State of Minnesota shutdown, electrical permits and inspection services are not available. On Friday, July 8, 2011, the League of Minnesota Cities in the Cities Bulletin, addressed how cities may authorize electrical installations within their jurisdiction. Currently, there are numerous electrical inspections that are needed within the City to keep projects on schedule. City Staff met with Stephen Tokle and he is able to provide electrical inspections for the City upon Council approval. Staff also contacted an independent building inspection service and they do not provide electrical inspections as part of their services. The League of Minnesota Cities developed an ordinance that can be adopted Iocally to provide authorization to issue electrical permits and provide inspections. The City Attorney has reviewed the ordinance and the Consulting Services Agreement for Stephen Tokle Inspection, Inc. Staff is requesting that the City Council suspend the rules and hold first and second consideration of the ordinance due to emergency action resulting from State of Minnesota shutdown. Attachment Ordinance #465, Adding a New Section 4.07: Electrical Regulations and Inspections (2 pages) Consultant Services Agreement with Stephen Tokle Inspections Inc. (4 pages) Recommended Action Motion to adopt on First Consideration, Ordinance #465, Adding a New Section 4.07: Electrical Regulations and Inspections. Motion to suspend the rules and hold Second Consideration of Ordinance #465. Motion to adopt on Second Consideration, Ordinance #465, Adding a New Section 4.07: Electrical Regulations and Inspections. Motion to authorize the Mayor and City Manager sign the Consultant Services Agreement with Stephen Tokle Inspections, Inc. for electrical inspections. ORDINANCE NO. 465, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 4.07: Electrical Regulations and Inspections The City Council of the City of Golden Valley ordains as follows: Section 1. The City Code is hereby amended by adding The Minnesota Electrical Act to Chapter 4 of the City Code which shall read as follows: Section 4.0�: Electrical Regulations and Inspections Subdivision 1. Purpose The purpose of this amendment is to establish an electrical inspections program in the City that is administered and enforced by the City. Subdivision 2. Authority to Inspect The City hereby provides for the inspection of all electrical installations, pursuant to Minnesota Statutes Section 326B.36, subd. 6. Subdivision 3. Adopted by Reference The Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 326B, Sections 326B.31 to 326B.399. The Minnesota Electrical Act is hereby incorporated into this Section as if fully set out herein. The Minnesota State Building Code incorporates by reference the National Electrical Code pursuant to Minnesota Rule 1315.0200. All such codes incorporated herein by reference constitute the electrical code of the City. Subdivision 4. Compliance All electrical installations shall comply with the requirements of the electrical code of the City and this Section. Subdivision 5. Permits and Fees The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes section 3268.37. Any inspection or handling fees will be payable to the City. Subdivision 6. Notice and Appeal All notices of violations and orders issued under this Section shall be in conformance with Minnesota Statutes section 3268.36, subd. 4. Subdivision 7. Violations and Penalties A violation of the Minnesota Electrical Act is a misdemeanor. Subdivision 8. Sunset This section shall be revoked without further action of the City Council once the Minnesota Department of Labor and Industry is funded for the 2011 fiscal year by legislative enactment of a state budget. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall be immediately effective upon adoption. Adopted by the City Council this 19th day of July, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk CITY OF GOLDEN VALLEY CONSULTANT SERVICES AGREEMENT This is an Agreement entered into the day of , 2011 by and between the City of Golden Valley, Minnesota (the "City"), and Stephen Tokle Inspections Inc., a corporation organized and existing under the laws of the state of Minnesota ("Consultant"). WITNESSETH: WHEREAS, the City desires to hire the Consultant to render certain technical and professional assistance to the City, including electrical inspection services based on the Minnesota State Building Code, and the Minnesota Electrical Act. NOW THEREFORE, the parties to this Agreement mutually agree as follows: 1. Scope of Service. The Consultant shall perform all the necessary professional services provided under this Agreement as follows: a. Provide all required on-site inspection services in relation to each permit submitted to the City. b. Retain all pertinent records and copies of permits and correspondence related to each permit and make them available to the City upon request. 2. Term. This Agreement shall be effective upon the approval date of the City Council and will continue until the earlier of(i)that date which is one year after the effective date or, (ii) that date on which the Minnesota Department of Labor and Industry is funded for the 2011 fiscal year by legislative enactment of a state budget (the "DLI Lights On Date"). Notwithstanding the foregoing, the term of this Agreement shall continue with respect to any permits that are open and not yet finalized by Consultant on the DLI Lights On Date until such time as the open permits are finalized or transferred (at the sole discretion of the City Council)to a state inspector. 3. Compensation. Subject to applicable local law and any limitations in Minnesota Statutes Section 3266.37, the fees payable for the services provided by the Consultant shall be eighty percent (80%) of the permit fees shown in Exhibit A—"Electrical Permit Fees" (attached), which shall be paid on a monthly basis and due within thirty (30) days of the close of any such permit and final inspection. 4. Insurance. The Consultant shall secure and maintain the following minimum insurance: a. Worker's compensation insurance as required by Minnesota law; b. Electrical inspectors errors and omissions insurance; and c. General liability insurance policies with minimum limits of$1,000,000 per occurrence for each negligent act, error or omission, and $2,000,000 minimum in the aggregate. 1 The Consultant shall deposit with the City a certificate evidencing that the above insurance is primary and non-contributory. Upon request by the City, the Consultant will provide a copy of the final insurance policies and/or copies of any endorsements under the policies. This Agreement was adopted by the City Council for Golden Valley, Minnesota on this day of , 2011. Attest: City of Golden Valley Mayor City Manager This Agreement was accepted by on the day of , 2011. Stephen Tokle Inspections, Inc. By: Stephen Tokle 000090/480568/1353115_9 2 EI.EGTRICAL PERMIT FEES Effective 10-1-07° Ramsey Department of buildin� S�fety 7550 Sunwood Drive Ramsey Mw. 55503 Phone 763-433-9849 N01AEOwNERS—complete an electrrc permit twm eveilable iram the Community Services Oepantment. Add�5.�[l ior 5tate surcharge tv total coet of each permit. ELECTRIC GpNTRACTORS-Complete a CIIY FpRM, InClude your complete addres� inc►ucfing 2�p cnda. Add$5.00 tor State surcherge to totBl cost ai orach p�rmit. Mail to ths Clty. Ap Services nsw, rep�acg or repair Circuits end Feeclers Thero is a S2 per circuii ch,erge fer raplaCinp The Inspectton i�far tl�e in�tallotion,additie�n, cir�vite that ere diBCVnnected tn t�e ol0 servioe 9it8rat�On Qr r�peU OT e�ch circWt�i�ed�r,hodsr partei ar�d recvrmezied in ttte r�ew panel. tap a'set vr tre�sforme��secorur�ry cor�ductvr.s: 0 to 300 Amp �80.00 a to 30 Amp �B.OD 400 Amp $5�,00 31 io 10t]Amp �10A� 5QD Amp $72,D0 101 tc 200 AmP �'15.00 6t?0 Amp �86.00 3D0 Amp $20.D0 8D0 Amp �114,00 400 Amp �25.OD 10001imp $142.00 500 Amp 330.Q0 11D0 Amp 5166.00 600 Amp �35,D0 1200 Amp �170.00 700 Amp �4Q.D0 Add$14,00 for esch additionel 4 00 amps Add ffi5.00 for each edd�lonel 100 amps Mlnlmum Fee Maximum Fee Minimum p�rmit tee is 535.�0 plus$6,00 Slate• Meximum fee for singie lamily dweiling or �ufcherg�. This i�for ono inspec6an only. tawnhouse nnt aver 200 empa is$1SO.b0 plus Mlnimum f�fiar rough-in in�peetia�and final is �5.00 Slete sun��rge. Mexlmum of 2 Ri end 1 S70.II0 plue�5.Q0 5tate surchiarga. ffnel i�spection. Apartme�nt Building� Fee�az unit at 9n e�eRment or c.flnCnminiµm Gpmplex Is ffi70.�0. This d�s nat�over aenrice and house Wi�in�. 3wimming P�ol 335.00 per�nepeaian+dreuits TraHlc 8ignals ��,00 per e�ch stand�d Street Lights and parwnp Ict lights �4.00 per each et�ndard Trensforme►rs+�nd penerators $8.00 Der unit plus a.40 t`o�eech KVA up to 100 KVA+$.30 ° fOr each K1/A above '100 KVA Reho 19t 119hling 66 cents perr fixture Sigh Tr�nsfarmer �8.00 psr trsnsformer Remota Conirol and Sign�f Cirwits 75 cerrtts per devlcs Relnapectfan fee(oNy one finel �35,D0 perjob). "rHE FEE t5 D�UBLED IF THE WORK STARTS BEFORE TNE PERMIT IS 16SUED INSI�ECTION INFORM4TION For all electriCal Inep�tions cs11 TOkle Inspectlons Ina 783-754-ZB83 AAonday througl7 Friday. 7 a.m. to 8:3o s.m. only .�eesAdovteclFt�'ective 1-5-95 Stephen Tokle Tnspections lnc. 216Z 13S"° LN. N.W. Anc�over,M�1. 55304 Fax and phvnc tl 763-390-9z55 BILLING FOR # Permits Fee Total City's 2U% Stephen Tvkle Inspection's 80% Pay this amount �r j , ^�. ` 4„ f w Planning O '", �f� �, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 6. B. Approval of Temporary Use - Business and Professional O�ces Zoning District - Wayzata Boulevard and Highway 100 - Cavalia USA, Inc., Applicant Prepared By Joe Hogeboom, City Planner Summary Cavalia USA, Inc. seeks approval by the City Council to be considered a temporary use in the Business and Professional Offices Zoning District. Cavalia, similar in performance style to Cirque du Soleil, involves large-scale equestrian and human perFormances. Cavalia requires a 26,300 square foot big top-style tent. The tent would be located on the vacant land on the eastern side of the Shops at West End development. The show would run from September 21 through October 2. With the exception of weekend matinees, all performances will take place at 8 pm. Golden Valley anticipates entering into a Joint Powers Agreement with the City of St. Louis Park wherein the City of St. Louis Park would be responsible for the operation of the event. Golden Valley staff has reviewed the Traffic Plan for the area. Engineering's response to that plan is attached. It is recommended that approval for Cavalia be contingent upon completion of the requirements included in Engineering's report. Attachments Letter from Anne Dubois, Cavalia, dated July 7, 2011 (2 pages) Site Plan dated July 8, 2011 (1 page) Memo from City Engineer Jeff Oliver and Engineering Technician Mark Ray dated July 13, 2011 (2 pages) Tra�c Plan Narrative (2 pages) Traffic Plan Illustration (1 page) Signage Plan (1 page) Recommended Action Motion to approve Cavalia as a Temporary Use in the Business and Professional Offices Zoning District subject to the conditions found in Engineering's memo, dated July 14, 2011, being satisfied prior to operation of the event. �� p �� YA � �� July 7th 2011 To: �f� � � City Council of Golden Valley �4 °� � 7800 Golden Valley Rd .� � - Golden Valley, MN 55427 .� �`�:;,� From: `�µ =� Anne-Laurence Dubois � : Permits and Preproduction coordinatar `�; � Cavalia USA inc ±� 145 Pine Haven Shores Rd, Suite 1 121 _ � Shelburne, VT,05482 � _ � _ - This letter is to request tl�e City Council of Golden Valley to allow a special event to last more than ;.� � 14 days. Cavalia, an equestrian extravanganza presented under the largest touring big top in the � warld, will be setting up at 1511 Utica Avenue, St-Louis Park, MN, 55416. We would like to present the show for a period of 5 to 7 weeks starting on September 21 st. u.° �+�. "��• � `'�,� We believe it is a great oppartunity for Golden Valley to welcome one of the largest and most .,' � ,,_ z- .;. prestigious international events touring today. Cavalia is a high-class entertainment event that you ' can be proud to offer to your residents and surrounding communities. It will help position the whole °� � �:� area as a vibrant cultural center and entertainment district capable of successfully hosting one of the largest touring shows in the world. The impact on the local economy will be instantaneous. The presence of Cavalia has a considerable impact on the local economy and generates important returns for the city, its local businesses and __— communities. These benefits range from contracts with local business, to local job creation, to an increase in tourism, restaurant and hotel attendance and taxes. � �� Cavalia would spend in excess of$5 million dollars for the operation, a portion of which would be ��"�� ' � :� directly spent with local businesses, service providers, hotels, restaurants and local media outlets for ``�� promotion of the show. r� ti `. ' �� Also, Cavalia attendees would spend several hundreds of thousands of dollars elsewhere in the area ,�. in addition to what they spend at the event. The direct beneficiaries of this spending will be �r{�� '' 1 ,,...._ restaurants, hotels and retailers. The lodging of Cavalia's team alone represents mare than 3,500 room-ni�hts. In addition, we expect 3,000 more room nights from ticket buyers, based on an estimated 10 percent out-of-town attendance for a minimum of six weeks of performances. .t ,< < �;;<;�a n..'�y�.r''t"•� s —�:�,�,.��,s� ' _ Lar�e amounts are invested by Cavalia in marketing the event, which in turn brings significant '��_=��.�'�-� �' visibility for the city. As part of the marketing campaign, considerable effort will be invested in ;� drawing custo�ners from markets 3-5 hours away. <;.� ._ -� Co�nbining all the above components, the total direct impact from the Cavalia event to the economy of all the communities in the area will be approximately �10 million dollars spent and approximately '-� 165 jobs created. �, ��,�,�. - �- `��,�s�a:�� "� -��'� �� We hope the City council will support our event by approving the zoning code amendment. Anne-Laurence Dubois Cavalia USA Inc. � ► � A ) �� What is Cavalia? `�� '� Since the fall of 2003 Cavalia has been touring major cities in North American and Europe, taking �' � � �4 � � �� the public and critics by starm. Cavalia is a show unlike any other created to date, a unique h `� � ��, combination of equestrian arts, multimedia, dance and acrobatics; a moving and spectacular tribute ' _� to the relationship between humans and horses. , ,�, '� � � Froin the very beginning, Cavalia has enjoyed sold-out, extended runs in every city it has visited, � � p';,� �� .,�� from Montreal to Los Angeles or Las Vegas to Lisbon. Cav alia is the brainchild of Normand � � � Latourelle who has helped build Quebec's famous Cirque du Soleil. � The show features 50 magnificent horses, representing over 10 different breeds. Some forty human performers --riders, acrobats, aerialists, dancers --share the stage with the horses, while a live band � -y V adds to the aura and the mystique. 3� �. � �� Cavalia is presented under tl�e largest touring big top in the world, a totally white structure rising � over 100 feet above the ground. The bleachers are set arena-style, facing an enormous 160-foot wide �� stage, which allows the harses enough space to gallop and play with the artists, at times completely y�,� free. i� � �' : _ ',�� " ,.�. � � �-- .�1. The maximum capacity is 2000 seats in the Big Top. We can also set tbe bleachers with less seats r-'�� depending on ticket sales. �� Set up, show and teardown schedules: Set up of the Big Top: Third week of August �E Set up: From September 7`"to September 2p`n (All other tents and equipment will be set up) Show schedule: Premiere night: September 21s` (There will be no show on the 22"a) t'� , � �' � � � Monday No show �� _,,,� Tuesday to Friday 8pm show (Tents open at 6h30pm) �� ` .� �f+'� Satur day 3pm show (Tents open at 1 h30pm) , � '� � � �� ' � � 8pm show(Tents open at 6h30pm) �•,_. , ,� Sunday 2pm show (Tents open at 12h30pm) " � � � 1 � 5 to 7 weeks of show depending on the tickets sales. I� Earliest ending date: Sunday October 23`a Latest ending date: Sunday November 6`n ��i�`=:�� ,� The tear down will take a week after the last show. �,--,�~�. �.� t '� The show lasts 2 hours and a half, including a 30 minute intermission. The Rendez-vous tent opens y'� its doors 1 hour and a half before the show and Concessions tent opens its doors 1 hour and 15 „ .,�, minutes before the show. The Big Top (show tent) opens its doors 45 minutes before the beginning - , � �� of the show. The Rendez-vous package includes free hors-d'oeuvres, free drinks, the best seats in the house and a ' �-. stables visit after the show. Typically these attendees will arrive an hour before the show and will " '��` �� leave 30 minutes after tl�e show. The General admission attendees have access to the Concessions tent where snacks, drinks and souvenirs are far sale. 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Signage Per Minnesota State Statutes, all traffic signage that is located along public streets must comply with the Minnesota Manual on Uniform Traffic Control Devices. Will pedestrian signage be in place to help guide people who park in off-site lots at the West End and walk to the event site? Will an attendant be located at the intersection of Utica and Wayzata Blvd to further direct all traffic to turn left towards Park Place Boulevard? Even if there is an attendant there, unless they are a police officer they cannot force northbound vehicles on Utica to turn west towards Park Place Boulevard. Minimizing event traffic traveling on local streets is noted as a goal o#the traffic plan, but signage and possibly an attendant may not be sufficient. Routing Based on the site plan and notes it appears that traffic exiting the on-site parking lot at 16th Street will have to either make left or right turns on Utica Avenue. It is also noted that vehicles desiring to go straight will be able to. Why is there desire to keep vehicles from using 16th Street? The traffic control plan says that the restricting of the straight movement is based on not creating blockage. Where is the blockage located that is going to create the concern? Signal Operation Golden Valley has the understanding that all of the traffic signals along Park Place Boulevard are operated by the Minnesota Department of Transportation. Has there been contact made with MnDOT to consider revising traffic signal operations for after event attendee dispersal? Since the event is over during non-peak traffic hours, allowing more green time for the side streets along Park Place Boulevard may help in reducing event congestion. Site Control/Emergency Access � The plans note that gates will be in place at the existing driveway access points to the event site. Who will be allowed to enter the gates and will they be secure such that confused drivers will not be able to gain access around the gate to the event site? On the east end of the parking lot the emergency access meets the event parking space. Will there be a gate there to prevent the general public from using that access point? Neighborhood Traffic Impacts As noted in the traffic control plan, it is important that impacts from event traffic be minimized on local residential areas. All of the signage is focused on directing exiting traffic back to I-394 or Hwy 100. What efforts will be in place to provide direction to vehicles coming to the events to direct them to use Park Place Boulevard and enter the site from the west? `'�� 1 *°. � CAVALIA At West End ,�� » r " � � Set up, show and teardown schedu/es: � � s 4 / A Set up of the Big Top: Third week of August „ „r '�"�`: Set up: From September 7'hto September 2p`n �' (All other tents and equipment will be set up) =.i'. . � � �� Show schedule: � ,, � � Premiere night: September 21S` (There will be no show on the 22nd` i � Monday No show Tuesday to Friday 8pm show(Tents open at 6h30pm) � � ,_ Saturday 3pm show(Tents open at 1 h30pm) � ' � 8pm show(Tents open at 6h30pm) � Sunday 2pm show(Tents open at 12h30pm) 5 to 7 weeks of show depending on the tickets sales. �:� ,�.'�`'�� E�' `� Earliest ending date: Sunday October 23�d �� .v�*,�, � �� Latest ending date: November 6'h �i;� � The tear down will take a week after the last show. 'r ,,:f .,� r TRAFFIC CONTROL, PARKING, PEDESTRIAN ACCESS ,; The site will be accessed mainly from I-394, in order to avoid any increase of traffic in the Golden � -. - Valley residential neighborhoods. We will place signage along the streets in West End to direct the vehicules as they come to the show. We will also put clear directions on our website and give clear __ . �� directions at the call center. `,;,�-:,. �� ': � �'-` All attendees will be able to park on site. We have approximately 322 000 square feet that could �� — : ,_ contain approximately 600 cars. In addition to these places, attendees will be able to park for free - �, �: ~� in the parking facilities of the adjacent offices that can accommodate a couple of thousand cars. ` Since the local transport is not really relevant for this area, we are able to estimate the number of � �� ' �' �� cars in between 600 and 800 cars, which will give us plenty of space. We will have a team of 10 to f 15 parking attendants that will control the traffic flow in the parking lot and will insure that cars park f'�I� � , in marked stalls to insure ordery operation. The public will have pedestrian areas from Utica Avenue to reach the main entrance of the tents and the Box Office (please refer to the site plan). The walkways will etiher be on plywood, rubbermats or asphalts,free from any trip hazards. � ,,-'.! `n 4 � '��x�'��'� � With regards to the traffic control, there will not be any extraordinary measure in place for the 4� �M1- z.:-�- .:; arrival at the show. Attendees do not arrive together, but over a period of one hour and a half � .��..:� before the show to 5 minutes after the show, therefor the direction of the line on Utica Avenue and ,�:'_♦T 16`h street will be kept as normal. pa � With regards to the traffic coming out of show between 10:30pm and 11:30pm, we will put in place the following procedures. ��. -. 2 lanes of cars will exit our site. The right lane will have to turn right on Utica Avenue. The left lane '�'�'�� .,.,,. � will have to turn left on Utica Avenue. We will display a signage board at the exit of our site telling � the attendees that the right lane will direct them to the I-394 and that the left lane will direct them to HWY 100. We will put additional signage boards at the intersection of Utica Av and Wayzata blvd that tells the people the access to I-394 will be on their left (with an arrow). We will also put a signage board at � the intersection of Utica Ave and Gamble Dr with an right arrow with a HWY 100 sign. Another ► .� � �'� � signage board will be display at the corner of Gamble Dr and Park place blvd that indicates the � � direction of the access to the HWY 100. � �;f' �, If a vehicule wishes to go straight on 16`h street, will will let them go straight, but we will control the s�� flow in order to not create any blockage. No lanes need to be closed nor directions reversed. We `'� have previously used these procedures in a lot of citites, here are a few examples: � � ' � San Francisco - 3 ways intersections in a residential neighborhood .,� Burbank (LA) -2 ways intersections in an industrial neighborhood �' % Vancouver(Canada) -3 ways intersections in a residential neighborhood � . �� By putting a directional sign indicating to turn left at the corner of Wayzata blvd and Utica Av to �: � �� direct people to the I-394 or the West End businesses, we will avoid having any cars going right on ' ;� Wayzata Blvd and then into the Golden Valley residential neighborhood. We believe that if we ` change the direction of the lanes on Utica to make it one way from the exit of our site and have 2 � lanes going left and 2 lanes going right, vehicules will more more tempted to go right at the : " _ Wayzata intersection and will then be in the Golden Valley residential neighborhood. They will not � P be able to turn 2 cars wide at these intersection, we will therefor have blockage that will directly � impact the exiting of our site. For an illustration of these procedures, please refer to the traffic plan. ,;� �,,,. � � ��' ,�,�.>: � ��, �� , �. •�;� ,:, . ,:;;� .�. i rti�,.:ia j�.� r�--- S �. ! 4 �` �� .M ,� /FO / � �. 1 'F`�� yarf �.d �l �Q.�'YT .. ��`��f y_�t��'�*�SK'{..��l ��r�+'Y. ...1.�e. ..�. . � '!' i; '�ir ;�;��?=.. i � 1! j `4Y i. �F�.t:,. � .......-, .. .. � � U � v " O v a N � o m o � � � �v •� � 'a � o > ,c o_ � 0 0 0 � � o U (' N ° x o o, c � a .� j � •� o � � �T� � �.... .r � � �� ' L��.�L �„3'�` � E s , ^� ' .., �'��t=� �� . � � . . . ��::1�{�1:, �. } �j � . 4.�� . . 5' { 4 � �' ?� a ,� ::�.�r{��j t � �� : 3� L. � � � � � � �� > � � � � �� U � �� ,��t�'� . ��Irk- � �: � �' � � , U �n ; ,, � , � � � �, �.� j ��. ��_ --- —— � L �., � �«x �.y SIGNAGE PLAN ' CAVALIA AT THE SHOPS AT WEST END ��? -a i:. ?�r �N 've Nen t!:Ils G � : ��` � :.�lCIP COry'ry .x� '�:4. �• f> ,� �. z Ncnh � a� f . �o,. ?yrc�Panc r ! Y`°��'a' � �: , •. •_.� ` � � �' 12 (j �� 12 s r � �'� ��,, �' arsge Ra 12 �,� U S.1?(TOII royd) 0 1 p , � `•� �ayx.�!a 13;va � a\t:.,� � �,/(��\� o j�,'� .�k .��ia r ti� ��.. �..._yt--v.,. S;a�` . ��.�c�;:�nst ,�� ,�,� P 100 d. ... �. :;.� 0 kr s � .. " � bli._k'IGrE �J� 3� ' A�p^ n D� TYr°7Tra� `� °d« �L, � S� ('af'v. W 16tn St �; .c qa �' � 1] �' t .{� z ° ° e `.. N Doug�asAve �s Sot.th Q �:, -�a{'.,� V:16!n S' Tyr01 r arY. � ; m � 6 � u _ ¢ Q P g E �°c :� � T�� ' �� e � N N ..:.. vi Q s - ~ .._ -_. o N CP v tiJ^DI2 CK C �,• y� . � M _ � � D �� J Pd5 �04 x N C ; � „ _ - - . Ce�``�v,e e97 S �, u` v c�pr�ake RG S .. -' — �� - .. � PsikMkp y p.ss .� " � Cjpnqa awe � � t , . ,��..�, ,.: -�°al`' ` " e ysn"'O�uR o�a _� ..; .' -� °e a �'D�Y 1 pp <o+e qn S • , .+1�. �,�2 ` -V'S �� / � Directional signage Arrow with P(for parking) and CAVALIA ... OR Arrow with CAVALIA It will direct the attendees to our parking lot and site. � ;-; Informative signage � �� Arrow with Highway number(100 or 394) ;;:r°"'� , " �� ` '� � It will direct the attendees leaving the site how they can access the nearby �:� � �" _�;;,. highways(100 and 394). �� ,. �� ` '. ' Cavalia Welcome board on site ,. � r.y � `i ` 1 ---..�.-- Example for � Example for �_� Example for � '` �;��.� ._ , �y t N �a^� `4 �� . � � � s.`�°� �� ' •_ _�`y'%�,.j�d �.w�., ,. , _:.- � • • —' t0.r f/�� 'r;�.� ,_ � _ . � �� , �.`� -� . i- '� —� ' � - " .. x , �.;,. .. . , .; :;. ...�. „--.,. .. . , �. . . _ . � , <c'� � , .� : !"�"�,y,�- �� • � � '� n_( __�Y�. *!fl{ 1 � , , ��.�� 1 � ,41�� i�� _ 4 YI Iyy �.� . ��i— � � i •..h ��gtl ;� �� i �g _ 'w � . •�.�i t:.,�,•e ,� `� � a5 •- ►- o� Planning O '•,, �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 19, 2011 Agenda Item 6. C. Authorization to Sign Joint Powers Agreement with St. Louis Park for Operation of Cavalia Prepared By Joe Hogeboom, City Planner Summary The City of Golden Valley seeks to enter a Joint Powers Agreement (JPA) with the City of St. Louis Park regarding the operation of Cavalia. Conditions of the JPA can be found in the attached document. The City of Golden Valley reserves the right to approve a traffic control plan for Cavalia. Attachments Joint Powers Agreement with City of St. Louis Park (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Joint Powers Agreement with the City of St. Louis Park for the operation of Cavalia. JOINT POWERS AGREEMENT AGREEMENT made this day of , 2011, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal carporation ("St. Louis Park"), and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley"). RECITALS A. Minn. Stat. § 471.59 et seq. authorizes cities to enter into joint powers agreements. B. Highways I-394 and T.H. 100 functionally isolate approximately six (6) acres within Golden Valley from the remainder of the City of Golden Valley. This property is legally described on the attached Exhibit "A" ("Subject Property"). C. The Subject Property is presently undeveloped. It is contemplated that it will be developed as part of a future phase of the adjoining West End development in St. Louis Park. D. The owner of the Subject Property and the adjoining West End property in St. Louis Park desires to use the properties for a temporary use from August through November, 2011 involving Cavalia, a touring equestrian show ("Project"). E. The parties desire to achieve efficiency in the general police power functions relating to the Project. 000090/480568/1344369_1 1 NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. LAND USE CONTROLS. Golden Valley will adopt, administer and enforce all "official controls" as the term is defined in Minn. Stat. § 462.352, Subd. 15 for the Subject Property. 2. ENVIRONMENTAL REGULATIONS. St. Louis Park has completed an Area Environmental Urban Review (AUAR) dated March 2007 for the West End Development. The city of St. Louis Park agrees that it will comply with the findings and terms of the AUAR. St. Louis Park will be the Local Governmental Unit (LGU) for purposes of administration of the Wetland Conservation Act (WCA), Minn. Stat., 103G et seq., and Responsible Government Unit (RGU) for purposes of any environmental review pursuant to Minn. Stat. 116D.01, et seq. 3. GENERAL ORDINANCES. St. Louis Park will exercise on behalf of Golden Valley their common powers to adopt and enforce general police power ordinances within the Subject Property relating to the Project to the same kind and extent it applies its general police power ordinances within the City of St. Louis Park. 4. PUBLIC SAFETY. St. Louis Park will provide police services and enforce all criminal statutes and St. Louis Park City Ordinances within the Subject Property relating to the Project to the same kind and extent it provides such overall services and enforcement within the City of St. Louis Park. 5. FIRE PROTECTION. St. Louis Park will provide fire inspection and protection services for the Subject Property relating to the Project to the same kind and extent it provides such overall services within the City of St. Louis Park. 6. PUBLIC UTILITIES. St. Louis Park will provide sanitary sewer, storm sewer, water and other available public utilities to the Subject Property relating to the Project and collect fees and user charges for all such utility services 7. �USINESS AND LIQUOR LICENSES. St. Louis Park's business and liquor licensing regulations will apply to the Subject Property relating to the Project and shall be enforced by St. Louis Park. 8. FEES. All license fees, permit fees, inspection fees, development fees, special assessments, connection charges, storm water utility fees and the like collected from the Subject Property relating to the Project will be retained by St. Louis Park. 9. TERM AND SCOPE OF AGREEMENT. This Agreement shall terminate upon the Cavalia equestrian touring show's completion of its operations on the Subject Property, including any required clean up and restoration of the site. This Agreement shall only apply to the temporary Cavalia equestrian touring show's use of the Subject Property during 2011. 000090/480568/1344369_1 2 10. AMENDMENTS. This Agreement may be amended at any time by agreement of the parties. 11. NOTICES. Any notice required hereunder shall be hand delivered or by certified mail at the following addresses unless the other party is given notice of a change of address by certified mail: City of St. Louis Park Attention: City Manager 5005 Minnetonka Boulevard St. Louis Park, MN 55416 City of Golden Valley Attention: City Manager 7800 Golden Valley Road Golden Valley, MN 55427 IN WITNESS WHEREOF, the City of St. Louis Park and the City of Golden Valley have caused this Agreement to be executed by their respective duly authorized officers pursuant to the authority granted by the attached resolutions adopted by the City Council of St. Louis Park and the City Council of Golden Valley. Date: . 2011. CITY OF ST. LOUIS PARK BY: Its Mayor AND Its City Manager Date: . 2011. CITY OF GOLDEN VALLEY BY: Its Mayor AND Its City Manager 000090/480568/1344369_I 3