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03-06-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber March 6, 2012 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 B. Pledge of Allegiance 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, Planning Commission, Environmental 3-12 Commission and Open Space and Recreation Commission - January 30, 2012 and City Council Meeting - February 6, 2012 B. Approval of Check Register 13 C. Licenses: 1. General Business Licenses 14 2. Rental Property Licenses 15 3. Solicitor's License - Clean Water Action 16-18 D. Minutes of Boards and Commissions: 1. Human Services Fund - January 9, 2012 19 2. Environmental Commission - January 23, 2012 20-21 3. Board of Zoning Appeals - December 27, 2011 22-24 4. Open Space and Recreation Commission - January 30, 2012 25 E. Authorization to Sign Contract with Prairie Restorations, lnc. for Restoration and 26-35 Maintenance of Native Plant Communities F. Adoption of Traffic Sign Management Policy 12-13 36-41 G. Authorization to Sign Agreement with Missions Inc./Home Free for pomestic Assault 42-46 Intervention Services H. Authorization to Submit Community Development Block Grant Application for Pesch 47-51 Place Rehabilitation Project - 2000 Mary Hills Drive 12-14 I. Authorization to Sign Amended Joint Powers Agreement with Minnesota Bureau of 52-63 Criminal Apprehension for eCharging Court Data Services 12-15 J. First Consideration - Ordinance #481 -Amending Section 10.84, Providing for 64-65 Appeal Process for Disqualified Applicants 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Preliminary Design Plan Approval - PUD No. 109 - Eldridge 3rd 66-139 Addition -4900 Triton Drive - A.K.A.R.E. Companies LLC, Applicants 5. OLD BUSINESS 6. NEW BUSINESS A. Letter to Minneapolis Park Board Regarding Natural Area and Stormwater 140-144 Management in Theodore Wirth Park B. Reinstatement of Deputy Registrar 145-146 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT GUIDELINES FOR PUBLIC INPUT Copies of the agenda packet are available for public review before the Council Meeting: 1)on the City website at www.qoldenvalleymn.qov; 2) at City Hall, City Manager's Office, from 8:30 am to 4:30 pm beginning the Friday before the meeting. To receive an email notification when the current agenda packet is available online, go to the City web site and sign up at GV DirectConnect. If you wish to be placed on the mailing list to receive a paper copy of the agenda cover sheet, or if you have any questions regarding the agenda, please call Judy Nally at 763-593-3991. All City Council meetings are broadcast live on City Cable Channel 16 and replayed nightly at 6:30 pm. Meetings are also webcast live on the Cit web site, with re la s available on demand. Comprehensive Plan Amendments. Conditional Use Permits. Rezoninqs, Planned Unit Developments (PUD), Subdivisions (plattinql, and Citv Code Zoninq Text Amendments A. Pre-hearing Presentations: 1. Council will bring on the table for consideration. 2. Applicant will make presentation. 3. Planning Commission Member or Staff will present the Commission's recommendation. B. Public Hearing: 1. The Mayor may ask people to identify how many wish to speak at the hearing. 2. If there are many people who wish to speak, the Mayor may set a time limit for statements. Groups are encouraged to use spokespersons, who will be given longer for presentations. 3. Give full name and address clearlv for the record when speaking. 4. Address all questions to the Mayor. The Mayor will then determine who will answer them. Questions will be answered when all persons have had a chance to speak. 5. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Please limit second presentation to new information and not rebuttals. 6. There will be no straw votes of people present. These are not helpful to the Council because they do not reflect total community sentiment. 7. At the close of the public hearing, the Council will debate the issue. Improvement Hearinqs A. Pre-hearing Presentations: 1. Staff will describe proposed improvements. 2. Citizens petitioning for improvement will be asked to describe their request. B. Public Hearing: 1. The same procedure will be followed as outlined above (B), except that voting for improvements requires differing majorities for approval depending upon the circumstances of the project. The voting requirements will be explained at the meeting. Testimony at a public hearing is one additional form of information that the City Council considers when making a decision. Your opinions, comments, and questions are welcomed and encouraged. Those persons unable to attend a meeting may send written correspondence to the City Council at City Half. The City Council needs your participation to make the best decision for our community. F�dx�ItG (" i -o?. °�i �v.�,p.. �. x t�i. . , ',,..r '� . ' ' r„�.�:w�. 1��7��#t�,r��P��"�'��Il i��G�l��4t��if�f� ��F��G��.�i�LEt� ��?��'��5��}��r��ice��reqer��s�: ��mpl��t��rn��f�ats � }��,a�r��n��u��e�r�r��c,,��i11e,�ud��ie�ss�t��n�" G� ; �� ... . �.� �,��m„�- �.� Regular Meeting of the City Council February 6, 2012 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 February 6, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. 125th Anniversarv Essav Contest Winners Mayor Harris introduced the agenda item and presented the Golden Valley 125th Anniversary essay contest winners with a Certificate of Recognition and city pin. First Place: Emma Buttress, Meadowbrook Elementary School, Si�cth Grade; Second Place: Alison Roston, Neill Elementary School, Fifth Grade; and Honorable Mention: Sam Buttress, Meadowbrook Elementary School, Fifth Grade. Honorable Mention: Max Ackerman, Meadowbrook Elementary School, Fifth Grade was unable to attend. The Council congratulated the essay contest winners. Firefiqhter Oath of Office - Lisa Robinson and Philip Shea Mark Kuhnly, Chief of Fire and Inspections Services, introduced the newest Firefighters Lisa Robinson and Philip Shea. Mayor Harris gave the oath of office to Firefighters Lisa Robinson and Philip Shea. The Council congratulated Firefighters Robinson and Shea. Fire Department Retirements - David Comb, Mark Roczniak and Brian Foran Mark Kuhnly, Chief of Fire and Inspection Services, introduced retired Firefighter David Comb and presented him with a Certificate of Retirement. Battalion Chief Gerrits, introduced retired Firefighter Mark Roczniak and presented him with a Certificate of Retirement. Battalion Chief Crelly, introduced retired Firefighter Brian Foran and presented him with a Certificate of Retirement. Regular Meeting of the City Council February 6, 2012 Page 2 The Council thanked David Comb, Mark Roczniak and Brian Foran for their years of dedicated service to the community. Approval of Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of February 6, 2012 as amended: Addition of Neighborhood Alert - Light Rail in Golden Valley and Recall for Administrative Hearing - Failure to Allow Access for Inspection of Rental Property - 510 Jersey Avenue North - 2/21/12. Approval of Consent Auenda MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the agenda of February 6, 2012 as amended: Addition of Neighborhood Alert - Light Rail in Golden Valley and Recall for Administrative Hearing - Failure to Allow Access for Inspection of Rental Property - 510 Jersey Avenue North - 2/21/12; and Removal of Approval of 2012 Legislative Priorities. *Approval of Minutes - Citv Council Meetinq - Januarv 17, 2012 MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the City Council Meeting of January 17, 2012 as submitted. *Approval of Check Reuister MOVED by Freiberg, seconded by Clausen and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gamblinp License Application to Conduct Excluded Binqo - Ladies Auxiliarv to the Veterans of Foreiqn Wars Post#7051 MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the gambling license application to conduct excluded bingo for the Ladies Auxiliary to the Veterans of Foreign Wars Post#7051. *Solicitor's License - Midwest Tree Experts MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the solicitor's license for Midwest Tree Experts. *Solicitor's License - Investment Lendinq Associates d/b/a Midwest Homes LLC MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the solicitor's license for Investment Lending Associates d/b/a Midwest Homes LLC. Regular Meeting of the City Council February 6, 2012 Page 3 *Pick-up Trucks - Quotes MOVED by Freiberg, seconded by Clausen and motion carried unanimously to make the following purchases: five Ford trucks from Midway Ford Commercial Fleet and Government Sales for $126,530.28; and Reading Classic II Aluminum Utility truck bodies and accessories from Aspen Equipment for $29,920.72. *Emails from Emilv Alverson Reqardinq Theodore Wirth Park/Bottineau Transit MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and file the emails from Emily Alverson, dated January 12 and 15, 2012, regarding the Theodore Wirth Park/Bottneau Transit. *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Planning Commission - November 14, 2011 Environmental Commission - November 28, 2011 Envision Connection Project Board of Directors - December 15, 2011 Approval of 2012 Leqislative Priorities Mayor Harris highlighted the City's top priority which is work to re-open the Deputy Registrar Office as soon as possible. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve City of Golden Valley 2012 Legislative Policies. *Support for Fundinq Request bv Five Cities Senior Transportation Proiect from 2012 Consolidated Pool - Urban Hennepin Countv Communitv Development Block Grant Proqram Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-8 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2012 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council February 6, 2012 Page 4 *Board/Commission Appointments: Bassett Creek Watershed Manaqement Commission Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-9 RESOLUTION APPOINTING STACY HOSCHKA AS COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �`Board/Commission Appointments: Environmental Commission MOVED by Freiberg, seconded by Clausen and motion carried unanimously to appoint Damon Struyk to the Environmental Commission for a one year term which expires May 1, 2013. *Neiqhborhood Alert - Liqht Rail in Golden Vallev MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and file the Neighborhood Alert - Light Rail in Golden Valley flyer. *Recall for Administrative Hearinq - Failure to Allow Access for Inspection of Rental Propertv - 510 Jersev Avenue North - 2/21/12 MOVED by Freiberg, seconded by Clausen and motion carried unanimously to recall for the Administrative Hearing on Appeal of Administrative Citation for failure to allow access for inspection of rental property located at 510 Jersey Avenue North for February 21, 2012 at 5:30 pm. On-Sale and Sundav Sale Liquor License -Webb Golden Vallev LLC d/b/a Good Dav Cafe (New) Jim Roberts, Sergeant, presented the staff report. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the issuance of an On-Sale and Sunday Liquor License to Webb Golden Valley LLC d/b/a Good Day Cafe, located at 5410 Wayzata Boulevard. Regular Meeting of the City Council February 6, 2012 Page 5 Approval of Updated Emerald Ash Borer Manaqement Plan AI Lundstrom, Environmental Coordinator, reviewed the plan and answered question from the Council. MOVED by Freiberg seconded by Scanlon and motion carried unanimously to adopt the 2010 Emerald Ash Borer Management Plan, updated January 2012. First Consideration - Ordinance #478 -Amendment to Section 6.35, Expandinq Commercial and Institutional Recvclinq Proqram The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 478, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 6.35, Expanding Commercial and Institutional Recycling Program Jeannine Clancy introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried to adopt on First Consideration Ordinance #478, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES First Consideration - Ordinance #479 -Amendment to the 2012 Master Fee Schedule - Commercial and Institutional Recvclinq The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 479, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Commercial and Institutional Recycling Sue Virnig, Finance Director, introduced the agenda item. Allen Barnard answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried to adopt on First Consideration Ordinance #479, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES Regular Meeting of the City Council February 6, 2012 Page 6 Announcements of Meetinqs The Council will hold an Executive Session immediately after the City Council meeting to discuss the appraisal information for the possible purchase of 1850 Toledo Avenue North, Dargi vs. City of Golden Valley Et al lawsuit and Gise vs. City of Golden Valley Et al lawsuit. Precinct Caucus will be held on February 7, 2012 at various locations throughout the City. Some Council Members may attend the Golden Valley Historical Society Meeting on February 9, 2012 at 7 pm at the Golden Valley Historical Society. The next Council/Manager meeting will be held on Wednesday, February 15, 2012 at 6:30 pm. A Bassett Creek Water Management Commission will be held on February 16, 2012 at 11:30 am. Some Council Members may attend the Legislative Breakfast on February 18, 2012 at 9 am at the Crystal City Hall. The City Offices will be closed on February 20, 2012 in observance of Presidents Day. The City Council will hold a Special Meeting to conduct an Administrative Hearing for 510 Jersey Avenue North on February 21, 2012 at 5:30 pm. The ne�ct City Council meeting will be held on February 21, 2012 at 6:30 pm. Some Council Members may attend the Neighborhood Watch meeting for Zone 8 on February 21, 2012 at 7 pm. Mayor and Council Communications Calvary Lutheran Church is looking for volunteers to help assemble meal packets for Feed My Starving Children. PRISM is in need of food and financial donations. The Run the Valley Race and Run will be held April 14, 2012 at Meadowbrook Elementary beginning at 8:30 am. The Planning Commission will hold a public hearing on the Preliminary Design Plan for 4900 Triton Drive on February 13, 2012. The City's 2011 Annual Wetland Report is available on the City web site. Regular Meeting of the City Council February 6, 2012 Page 7 Adiournment The Mayor adjourned the meeting at 7:09 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Joint Meeting of the Golden Valley City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission January 30, 2012 A joint meeting of the City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 30, 2012. Mayor Harris called the meeting to order at 6:30 pm. Those present were, Mayor Harris, Council Members Clausen, Freiberg, Pentel and Scanlon Planning Commissioners, Cera, Kisch, McCarty, Schmidgall and Segelbaum, Environmental Commissioners Anderson, Baker, Hill and Stremel, Open Space and Recreation Commissioners Bergman, Cornelius, Kadue, Kuebelbeck, Mattison, Piper, Sandler and Steinberg. Also present was City Manager Tom Burt, Director of Public Works Jeannine Clancy, Director of Planning and Development Mark Grimes, Director of Parks & Recreation Rick Jacobson, City Planner Joe Hogeboom, Public Works Specialist Eric Eckman, Graduate Engineer Mark Ray and Administrative Assistant Lisa Wittman 1. Bottineau Transitway Draft Environmental Impact Statement (DEIS) Comment Formulation Exercise Hogeboom showed a video presentation that explained the Environmental Review process including the alignments being proposed, what a DEIS is, how project decisions are made and how cities and residents can be a part of the process. After the video, Harris and Hogeboom explained that the Council is looking for comments from the Commissioners to help guide them in drafting a letter to Hennepin County in time for their February 17, 2012 deadline. Hogeboom referred to a PowerPoint presentation and further discussed the Environmental Impact Statement process. He explained that Hennepin County is currently in its first step which is the scoping process which will go until May 2012. The second step in the process is the Draft Environmental Impact Statement which will go from May through December and the third step in the Environmental Impact Statement which will be in 2013. The end result of the process will be one locally preferred alternative which the City Council will be asked to endorse. Hogeboom referred to a map of the of the proposed alignments and explained that the D1 alignment (through Golden Valley) continues along the BNSF railroad corridor to Highway 55 and into Minneapolis and the D2 alignment exits the railroad corridor near 34tn Avenue, joins West Broadway Avenue, and travels on Penn Avenue to Highway 55 and into Minneapolis. Hogeboom referred to the Comprehensive Land Use Plan Map and the existing land uses in the area and stated that staff is studying how the D1 alignment will foster transit oriented development given the limited sites for development along the route. Minutes of the Golden Valley City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission Joint Meeting January 30, 2012 Page 2 Hogeboom discussed some suggested areas for comment including the station location, impacts to surrounding properties, land use impacts, natural resource impacts, impacts to historical and cultural resources, and impacts to community resources. The Council and Commissioners brainstormed and discussed several comments and questions to be incorporated into the letter that Hennepin County is requesting from the City Council. The comments are as follows: Station Location • Both potential station locations are located in Golden Valley and would require the acquisition of property owned by the Minneapolis Park and Recreation Board. • How would buses be incorporated into the station areas? What is the amount and frequency of feeder buses serving the stations? How would bus drop-off and pick-up function at the stations? • How does the County envision parking to function at the station locations, how many parking spaces would be necessary at each location and whether or not parking ramps are being considered for the sites? If transit riders are going to park on the surrounding streets, a parking and traffic management plan, and an access plan, should be considered as part of the project. • A park and ride facility should be studied if a station is planned for Golden Valley Road. • The existing sidewalk system may need to be upgraded or expanded to meet accessibility design requirements and the needs of the community. • How will the project foster development? • There are grade/topography issues at both potential station locations. Impacts to Surroundinq Properties • How would the Transitway impact single family residential properties along the corridor. • Noise and vibration impacts from the Transifinray and the freight track are a significant concern and should be studied in greater detail. • The effects of lighting should be studied and the screening of adjacent neighborhoods and park areas should be studied. • Is there an expectation that Golden Valley will rezone the area around a station? • Concern for safety of pedestrians walking, biking, etc. Natural Resources • A comparison should be studied between the carbon footprint associated with construction within this area verses the carbon footprint that would be associated with increased transit usage as a result of the Bottineau Transifinray. Minutes of the Golden Valley City Council, Planning Commission, Environmental Commission and Open Space and Recreation Commission Joint Meeting January 30, 2012 Page 3 • Any impacts to the floodway or floodplain must be mitigated. Wetland impacts will also need to be mitigated. • Care should be taken to avoid impact to wildlife and their habitat. • The area should be studied for archaeological discoveries and the presence of historic and cultural resources within Wirth Park. The historical significance of the Theodore Wirth Park Chalet should also be considered in this study. Community Resources • Will there be an increase in community resources such as police, fire, public works maintenance, and traffic management? Will there be more crime? • There are watermains, sanitary sewers, and storm sewer facilities in the area of the proposed route that should be taken into consideration. • There are as many as 15 Xcel Energy transmission line towers may need to be relocated as a result of the proposed Transifinray. • An analysis of the soils be included as part of the project. • Will the proposed project impact Golden Valley Commons or detract from the City Center? After the discussion, Burt stated that staff will work on writing the letter to the County and have a draft ready for Council to review at either the February 6 regular Council meeting or the February 15 Council/Manager meeting. 2. Adjournment The meeting was adjourned at 8:45 pm. 4��Y 1.+� 'n .f Finance Department 763-593-8Q1 3 1 763-593-�109{fax} ianuiun�s- rm oa� �;i i i �r� �� . „. � ��.r�.�,..,- _ �a�� W .,..��a.�ur�ti n. ��ia�a��:c � � ...�za ��n�mii�im�p Eaimw , .� Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. �� ?� �', Inspections Department 763-593-8090/763-593-3997(fax) ;�—_�,..,_�...��I� �"��!�'��'�� : = =. � ;��!�� ,� �.:.,.... t.:.. .P�n�,��,�ur�;�,,.. ... . . -,�i��'�J�hb!��; . �. ": Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #5052 ZAOE, LLC. Retail Tobacco Sales $275.00 d/b/a MGM Wine &Spirits 7704 Olson Memorial Highway Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Gl�� C1� � Fire Departrnent 753-593-8079!763-593-8098(fax) s�:�m�-.��.:.x�° ��`�.��, :. : .:;�,.� . �,�� _ _��.._,x�. �,�� ;�µ��. . ��,i��,.°�. . . Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. C. 2. Rental Property Licenses Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant, and fee of those who have submitted an application for approval for multiple family rental licenses. Medlev Park Townhomes #5053 2350 Mendelssohn Lane $ 208.00 #5054 2391 Mendelssohn Lane $ 184.00 #5055 2389 Mendelssohn Lane $ 184.00 #5056 2343 Mendelssohn Lane $ 184.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. �./V�� 4/� 'I�'��g � . City Acirninistration/�ouncil 763-593-3991 /763-593-8109(fax) ��a��i�m� . >•f��, ��"� �;�Gr��P"q��:°.�_ ..3�� , ,.,i� , . °°�=�e.,,v�,�mnE��o��.�.�.z;,��...,��N Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. C. 3. Solicitor's License- Clean Water Action 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 Clean Action Water. Application and fee must be submitted to the City Manager's Office the Wednesday prior to th� Ci#y 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� ��;.,.:m.._.�., (circle on'e}Y-��--� Enclose the sum of$ � for �� (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. �. c�� c�� V� (Business or Individual Name or Organization to be Licensed) �N : Z�'j I2��I I (MN Business ID or FEIN (Federal iD)for Business Licenses) Define Business N�V�-I�rro�i-�' (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) . �o� � �� {Address) � i5 �1' ��1� City, State and Zip Code) ��2'1�2.�- I�J2� (Telephone Number, including Area Code) NOW, THEREFORE, l)�� ,�/� ((;� hereby makes application for (Applicant Name) period of � i `2-. through 12/31/�, subject to the conditions and provisions of said od . !� ( i n A�plicant/PrincipalOfficer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �N . wi�� e c�� r�u.r =� -� ' ��c ��.�r.er,�l� �lv� lc(��► U�� (nr`cl� ►- �� ; 'v� ; ��,c� �`s��_ T NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone . , number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ��C�L',2..,W�l.+,-�(��' , r,'�7��41V>'!U.`t%'St�� N1�,IS,Mti�S ! � �i. �s� %[2-(�"`-t-1�2� (If more space is needed, attach additional sheets) STATE OF I'�I n�i��j ) ss. COUNTY OF��,�(�I� ) �, S►�fl N� 1�'. '�c�c K- of "�C.l�f`riv IN�"��2 �-�Ti o N (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. � ignature o p nt/Principal O�cer) Subscribed and sworn to before me this �ay of,_ � , 20 �� (Signature) _ � ,�. "�w JUDtTIH A. �AL�LY' t ~�. NOTAE;,' -�d '�°r�a" M� st,�ts � Golden Valley Human Services Fund (GVHSF) Meeting Minutes January 9, 2012 Present: Dan Blumb, Hilmer Erickson, Katie Hart, Brenda Hayle, Chris Monroe, Diane Nimmer, Connie Sandler and Toots Vodovoz. Also present: Jeanne Fackler, Staff Liaison. Not Attending: Elissa Heilicher Call to Order: Chairman Sandler called the meeting to order at 6:45 p.m. November minutes: Hayle moved and Nimmer seconded the motion to approve the minutes from November. The motion passed unanimously. Welcome New Member: New member Katie Hart was welcomed by the group. Introductions were made. Run the Valley: T-shirt designs were viewed and a design selected. Fackler will send letters to past sponsors of the event. Vodovoz will contact volunteers. The Communications Department will design the flyers and posters. The route is being finalized by the Public Works Department and Fackler will send the RFP out for certification. Fackler will contact Anderson Races about chip timing and transfer of participants from one race to another to avoid confusion on race day. Calendar review: Meeting dates were approved. Golf Classic date will be finalized by the golf course shortly. Sandler gave a short history of the Taste of Golden Valley and will contact GVCC for possible dates. Valley Days will be held in May. It was suggested to have a table and place a raffle box on the table with the chance to win tickets to the Taste event. Other Business: November 15 Council Meeting: Sandler reported that the Council approved the funding amounts recommended by the Commission and thanked them for the work they do for the city. Community Foundation: Sandler reported the CF is meeting this week. The solicitation letter has gone out to the residents. The CF is interested in assisting with the Taste event. GV 125th Anniversary: The 125th Anniversary hosted the birthday party for the city on December 2"d at the GVCC. Allianz Event: Fackler asked if any commission members were able to host a table to educate Allianz employees about the GVHSF. If not, a Park and Recreation employee will be hired to man the table. Adjournment: Sandler reminded the members the next meeting is February 13 at 6:45 p.m. The meeting was adjourned at 7:55 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes January 23, 2012 Present: Commissioners Tracy Anderson Rich Baker, Jim Stremel, Debra Yahle; Jeannine Clancy, Public Works Director; Eric Eckman, Public Works Specialist; Mark Ray, Engineer; AI Lundstrom, Park Maintenance Supervisor and Lisa Nesbitt, Administrative Assistant Absent: Commissioners Dawn Hill and Lynn Gitelis (attended via conference call) 1. Call to Order Baker called the meeting to order at 7 pm. Introduction of New Member Baker introduced Debra Yahle. She is an operational risk consultant for Wells Fargo. She served for three years on the Human Rights Commission and left at the end of her term. 2. Approval of Reqular Meetinq Minutes — November 28, 2011 MOVED by Stremel, seconded by Baker, and the motion carried unanimously to approve the minutes of the November 28, 2011 meeting. 3. Bottineau Transitwav There will be a joint City Council, Planning, Environmental, and Open Space and Recreation Commissions meeting on January 30t" to discuss the Bottineau Transitway. The goal will be to get feedback from the Commissions which would be included in a draft letter from the City to the Hennepin County Regional Railroad Authority. Council Member Pentel stopped into the meeting to offer information she found regarding the potential for archeological findings in the path of the light rail. Staff will review further and add to the letter. Commissioner Gitelis asked that noise consideration be a part of the letter. 4. GreenStep Cities Discussion The City reviewed the GreenSteps program and discovered 14 of the 28 steps have already been completed by the City. A summary of the findings is on-file. The Commission decided that they would not pursue the program for now due to the programs currently in place. 5. Tornado Cleanup in S. Theodore Wirth Park Baker explained that over the past couple of months, he had become concerned about the clean-up effort that took place in Theodore Wirth Park following the May 22, 2011 tornado. His principal concern was the amount of clearing done and the potential long-term damage done as a result of the cleanup. He spoke to, and exchanged emails with, staff at the Minneapolis Park and Recreation Board (MPRB) and was featured in a Star Tribune article. He asked City staff to provide information about policies and agreements pertaining to Wirth Park. Copies of emails, the Star Tribune article and information from City staff are on- file. Baker wanted the Commission to be aware of the situation. Damon Struyk, Golden Valley's representative on the Citizen Advisory Committee for the Wirth Park Master Minutes of the Environmental Commission January 23, 2012 Page 2 of 2 Planning effort, attended the meeting at Baker's request to offer his insight on the situation and inform the Commission about the park planning progress to date. Lundstrom outlined how the City manages nature areas and Eckman explained the steps the City took when they were notified of the cleanup efforts in Wirth Park and the impact to the wetland. A memo from staff, summarizing the information, is on-file. The Commission will draft a letter to MPRB outlining their concerns regarding the wetland in the Park and express a desire to have future practices improve. Baker and Stremel will work on the draft and bring it to the next meeting. Baker suggested that a future agenda item might be to develop a policy regarding natural area management in Golden Valley owned parks and nature areas. 6. Proqram/Proiect Updates A summary of the program/project updates is on file. Additionally, MCES is having a workshop on February 16th regarding I/I. Golden Valley will be part of the panel. The workshop is free and commissioners are encouraged to attend. Staff will forward information to the commission. 7. Commission Member Council Reports Baker attended the December 6, 2011 Council meeting to present the Waste Hauler Licensing ordinance. 8. Other Business Baker asked the Mayor to fill the commission vacancy as soon as possible as he would like to focus on the 2012 plans at the next meeting. The City is looking for a representative to the Bassett Creek Watershed Management Commission. Commissioners that are interested are encouraged to apply. 7. Adiourn MOVED by Anderson, seconded by Stremel, and the motion carried to adjourn. The meeting adjourned at 8:45 pm. The next scheduled meeting will be February 27, 2Q12 at 7 pm. �,�r��22��2-91-�a�-�; Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals December 27, 2011 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, December 27, 2011 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Nelson called the meeting to order at 7 pm. Those present were Members Boudreau-Landis and Nelson, and Planning Commission Representatives Cera and McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Member Maxwell was absent. I. Approval of Minutes — September 27, 2011 Regular Meeting MOVED by McCarty, seconded by Boudreau-Landis and motion carried to approve the September 27, 2011 minutes as submitted. II. The Petitions are: 1324 Tyrol Trail Aaron and Debra Lerner, Applicants (11-12-18) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(B) Height Limitations • 3 feet taller than the allowed 25 feet to a total height of 28 feet Purpose: To allow for the construction of a second story addition Hogeboom reviewed the applicant's request to construct a second story addition that would exceed the 25-foot maximum height regulation. He explained that the height of a house is measured by taking the average grade at the front fa�ade. He stated that the applicants thought they could build the proposed addition to a height of 28 feet but were informed during the building permit application process that flat-roofed houses are allowed to be 25 feet in height compared to pitched roof houses which are allowed to be 28 feet in height. Nelson noted that several houses in the area are taller than the applicant's house would be after the proposed addition. She asked when the 25-foot height regulation was put in place. Hogeboom stated that the new height regulations were adopted in 2008. Before that time, houses were allowed to be 2 '/Z stories or 30 feet in height. Aaron Lerner, Applicant, explained that the proposed addition won't be 11 feet in height it will just have typical 8-foot high ceilings. He added that he feels what they are proposing will fit in perFectly with the neighborhood and they would like to stay in Golden Valley. Minutes of the Golden Valley Board of Zoning Appeals December 27, 2011 Page 2 Debra Lerner, Applicant, explained that the entry level of their home is essentially a mudroom, laundry room and storage area, not living space. She added that they are bound by setback requirements in the side and front yards and the angle of the lot, so the only option they have to get more living space is to "build up." She showed the Board a rendering of the house with the proposed addition. Nelson questioned the impact to the neighboring houses along Wayzata Boulevard. Mrs. Lerner showed a photo from the neighboring property's perspective. Cera asked the applicants how tall their house is currently. Mr. Lerner said the house is approximately 19 feet in height. Cera asked about the height of the neighboring houses. Mr. Lerner said that the houses across the street from him are approximately 30 feet in height. McCarty asked the applicants why they couldn't construct an addition in their back yard. Mr. Lerner stated that the side yards are too steep to get construction equipment into the back yard. Nelson asked the applicants how long they have lived in the house. Mr. Lerner said they've lived there 17 years. McCarty referred to a past "proposed addition" on the northwest corner of the home shown on the survey and asked if that addition was ever constructed. Mr. Lerner said yes and noted that it was a bedroom addition. Nelson asked about the size of the proposed new addition. Mr. Lerner said the proposed new addition is approximately 1,000 square feet. Nelson noted that there would be no need for a variance if the height of the house in the back yard was greater than 25 feet and there would also be no need for a variance if the proposed addition had a pitched roof. Nelson opened the public hearing. Paul Kaminski, 1404 Alpine Pass, President of the South Tyrol Hills Homeowner's Association, stated that he has heard no opposition to the proposal from any neighbors and he wants the Lerners to stay in the neighborhood. He added that the proposed second story addition will help the house fit in better with the other houses in the area than it currently does and that this proposal is a great thing for the neighborhood. Seeing and hearing no one else wishing to comment, Nelson closed the public hearing. McCarty stated that he is concerned about this proposal because several people in the Tyrol area were very vocal in 2008 when the City was working on trying to limit the height of houses. Cera said he feels this situation is different because the zoning code changes done in 2008 were geared toward teardowns. He said he thinks this property is Minutes of the Golden Valley Board of Zoning Appeals December 27, 2011 Page 3 unique, the request is reasonable and the house will still be shorter than houses next to it. Nelson agreed with Cera and added that she feels the property is unique; the proposal will not alter the character of the neighborhood and it would meet the intent of the zoning code. Boudreau-Landis agreed and said the proposed addition seems appropriate and it would make the home fit in better with the character of the neighborhood. Cera referred to another variance granted in the past for a garage addition and asked if that variance has since expired. Hogeboom said yes and added that variances not acted upon expire one year from the date the variance was approved. MOVED by Cera, seconded by Boudreau-Landis and motion carried to grant the requested variance to allow the home to be 3 feet taller than the allowed 25 feet to a total height of 28 feet. Commissioner McCarty voted no. The Board based its decision on the following findings: • The proposal uses the property in a reasonable manner • The proposal won't alter the essential character of the locality • The property has a unique slope • The property is meeting the intent of the zoning code III. Other Business McCarty referred to the amended variance application and suggested a question be added that requires applicants to discuss how they could build what they want without requiring a variance or have them explain what alternatives they have considered before asking for a variance. The Board agreed that they would like what McCarty suggested added to the variance application. IV. Adjournment The meeting adjourned at 8:15 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes January 30, 2012 1. Call to Order Sandler called the meeting to order at 8:45 PM. 2. Roll Call Present: Roger Bergman, John Cornelius, Brad Kadue, Kelly Kuebelbeck, Bob Mattison, Jerry Sandler, Dan Steinberg, and Rick Jacobson, Director of Parks and Recreation. Absent: Emily Piper and Anne Saffert. 3. Approval of Minutes — November 28, 2011 MOTION: MOVED by Steinberg and seconded by Mattison to approve the November 28 meeting minutes. Motion carried unanimously. 4. Scheid Park Prouertv Jacobson said the property located at 1850 Toledo Avenue, the only private property on the Scheid Park block, has recently become available for purchase. The property owner contacted the City for their interest before putting it on the market. The City is interested and is currently taking the appropriate steps to consider purchase of the property. 5. Honeywell Little Leaque Area Renaminq Sandler gave a brief history on Dick Isaacson's involvement and commitment to the Golden Valley Little League Association and why his name was chosen for the new park. Jacobson mentioned that Little League requested a zero interest loan from the city for the remaining portion of their contribution to the new Little League fields. MOTION: MOVED by Mattison and seconded by Kadue to recommend to Council the renaming of Honeywell Little League Area to Isaacson Park. Motion carried unanimously. 6. Updates Jacobson informed the commission that the city was not awarded the Hennepin County Youth Sports Grant for the playground equipment at Brookview Park. 7. Adiournment MOVED by Bergman and seconded by Mattison to adjourn at 9:10 PM. Motion carried unanimously. G�� (�� Public Works Department 763-593-8030!763-593-3988(fax) zF��nw�.-: .�ui��_,;.� �: .,�, �.�... ��,�i�`i�i�ilaN� ��;��i lii�� ., ,,k�1."�P�s��i i�,u.� �. �u�i�9�G�i�u : : Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. E. Authorize Contract for Professional Services with Prairie Restorations, Inc. for Restoration and Maintenance of Native Plant Communities Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Parks Maintenance Supervisor Summary Staff has requested a proposal from Prairie Restorations, Inc. for professional services related to Restoration and Maintenance of Native Plant Communities adjacent to Golden Valley's designated water quality ponds, wetlands, and creek buffers. There are 22 buffers that are maintained under this contract. The Prairie Restorations, Inc. proposal includes performing controlled burning, integrated pest management, and dormant mowing. The company visits each site monthly during the growing season and performs the native plant maintenance on an as-needed basis. The City has been working with Prairie Restoration, Inc. on the majority of its managed native buffer areas since the spring of 2000. Staff has budgeted $27,000 for this program in the 2012-13 Adopted Biennial Budget, Storm Sewer Utility's Environmental Control budget (7303.6340, page 100). Attachments • Contract for the 2012 Golden Valley Restoration and Maintenance of Native Plant Communities Project No. 12-8 (9 pages) Recommended Action Motion to authorize the Contract for Professional Services with Prairie Restoration, Inc. for the 2012 Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of $26,275. CONTRACT FOR THE 2012 GOLDEN VALLEY RESTORATION AND MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 12-8 THIS AGREEMENT, entered into the 6t" day of March 2012 befinreen the City of Golden Valley, a municipai corporation, existing under the laws of the State of Minnesota, hereinafter referred to as the City, party of the First Part, and Prairie Restoration, Inc., a C-Corporation under the laws of the State of Minnesota hereinafter, called the Consultant, party of the Second Part. ARTICLE 1. The Consultant, for and in consideration of one dollar and other good and valuable consideration received including the payment, or payments herein specified, and by the City to be made, hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary for the 2012 Golden Valley Restoration and Maintenance of Native Plant Communities in accordance with the proposal included in Exhibit A. A schedule of work is found in Exhibit B. Should additional work be necessary, the City and Prairie Restoration agree to the rates found in Exhibit C. The Proposal of the Consultant, together with this Contract, shall together constitute the Contract Documents, and herein are referred to as the Contract Documents. ARTICLE 2. The Consultant agrees to commence said work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the time schedule for commencement and completion of the work set forth in the Contract Documents, time being of the essence of this agreemenfi, and to complete said work in every respect to the satisfaction and approval of the City. ARTICLE 3. In consideration of the covenants and agreements stated above, the City agrees to pay the Consultant the sum stated in the Proposal of said Consultant. Installment payments, if any, on account of work done and materials furnished by said Consultant under this Contract and a�tually in place shall be due and payable on or before ten (10) days after receipt by the Council of the City of: (a) a certificate by the Environmental Coordinator/City Forester that#he work has been fully completed and this Contract fully performed by the Consultant and (b) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. ARTICLE 4. The Consultant agrees to hold harmless, indemnify and defend the City, their elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this agreement by the Consultant, its employees, agents or officers. L:\PROJECTS\Buffer Maintenance12012 Contrac�InfolPrairie Resto 2012 Contract.doc CONTRACT FOR THE 2012 GOLDEN VALLEY RESTORATION AND MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 12-8 ARTICLE 5. The Consultant further agrees to make and maintain insurance coverage for the duration of the project in accordance with the following requirements: Workers Compensation Insurance: A. Statutory Compensation Coverage B. Coverage B — Employers Liability with limits of not less than: $100,000 Bodily Injury per Disease per Employee $500,000 Bodily Injury per Disease Aggregate $100,000 Bodily Injury by Acciden# Automobile Liabilitv Insurance A. Minimum Limits of Liability: $1,500,000— Per Occurrence— Bodily Injury and Property Damage Combined Single Limit B. Coverages: X Owned Automobile, if any X Non-Owned Automobile X Hired Automobile X City of Golden Valley named as Additional Insured General Liabiliiv Insurance A. Minimum Limits of Liability: $1,500,000— Per Occurrence $2,000,000—Annual Aggregate B. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual The Consultant further agrees to furnish certificates of the above insurance to the City naming City as an additional insured, not later than ten (10) days after execution of this Contract, and will provide City with written notice ten (10) days prior to cancellation of the policy or any material change in the coverage provided, or in lieu thereof, the Consultant shall keep such policies in full force and effect throughout the term of the Contract. ARTICLE 6. It is understood and agreed by the Consultant that the City, through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City through its authorized agents. L:IPROJECTS�BufFer Maintenance�2012 Contrad Info�Prairie Resto 2012 Contract.doc CONTRACT FOR THE 2012 GOLDEN VALLEY RESTORATION AND MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 12-8 ARTICLE 7. It is understood and agreed by the Consultant that, with respect to all work, the Consultant will keep as complete, exact and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 8. All payments to the Consultant shall be made payable to the order of Prairie Restoration, Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. ARTICLE 9. The City reserves the right to cancel the award of any contract at any time before the execution of the contract by all parties without any liability against the City. ARTICLE 11. The City may by written notice terminate the Contract or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Consultant's control the Consultant is prevented from proceeding with or completing the Contract work within a reasonable period of time. Termination of the Contract or any portion thereof shall not relieve the Consultant of responsibility for the completed work, nor shall it relieve the Consultant's Sureties of their obligations for and concerning any just claims arising out of the work perFormed. IN WITNESS HEREOF, both parties hereto have caused this Contract to be signed by their duly authorized officers. THE CITY OF GOLDEN VALLEY BY Thomas D. Burt, City Manager PRAIRIE RESTORATIONS, INC. BY ITS L:\PROJECTS�Buffer Maintenance12012 Contract Info�Prairie Resto 2012 Contract.doc Exhibit A Prairie Restoration Management Strategies Native landscape management techniques can be divided into five different categories; monitoring, controlled burning, dormant mows, Integrated Plant Management (IPM), and woody vegetation control. Each of these techniques plays a key role in the development and success of a native landscape. Below is a description of each tool and the reasons they are used. Effective management of a restored area is achieved through a variety of management practices. A complete understanding of the various plants' life cycles and growth characteristics is necessary for the proper management decisions to be made. Prairie Restoration's land managers use their experience and knowledge to make these decisions for the betterment and health of the landscapes they care for. Monitoring Monitoring is checking the progress of the planting regularly. The goal is to see what weeds may be coming in that need to be addressed, but also to see how the native plants are growing. Monitoring is perhaps the most important technique land managers use. It allows the manager to make the determination of what other techniques will best benefit the planting. Native plantings change, not only from year to year, but from week to week and month to month. Therefore, it is important to make regular trips through the planting. It is also important to monitor the entire planting, as microenvironments found throughout will grow different species of native plants and weeds. Monitoring is something that can, and should, be done by the City, as well as by the land manager. Prairie Restoration will provide information in the form of a basic field guide, if needed. Controlled Burns Prairies are fire-dependent communities, making controlled burning a very important management tool. Historically, prairie fires would burn periodically. Today, Prairie Restorations, Inc.'s experienced burn crews seek to replicate the process using proper tools and techniques. Burning is typically done every three to four years, beginning once adequate fuel is present. Each site is unique, and the land manager will discuss with you when and why a burn would be a good option. Timing and intensity of burns are very important for controlling various weedy species and promoting the native ones. Spring burns tend to favor the grass species, while fall burns may enhance the flower component. The majority of burns are conducted in the spring, usually during the months of April and May, though some may occur later, depending on the needs of the site. Benefits of G:\PROJECTS\Buffer Maintenance�2012 Contracto Info\Prairie Scope Exibit A.docx /q-� spring burns include: the alleviation of the accumulation of biomass, a reduction in exotic cool season species, control of woody plants, and the stimulation of earlier growth of native warm season species. Fall burns are also very effective in accomplishing many of these goals. They normally occur in October and November. One negative to fall burning is the loss of winter cover for wildlife species. Fall burns may also be harder to schedule due to wet Minnesota fall weather conditions. Burns should only be conducted by trained crews. Many of the controlled burns conducted today are on a much smaller scale, and in a suburban setting. This creates many challenges for the crews. Smoke is typically the biggest concern. Burns must be conducted with proper wind conditions so smoke does not blow onto busy roadways, or towards buildings. The presence of trees and shrubs in or near the planting must also be taken into account. Before conducting a controlled burn, proper permits must be obtained from the Department of Natural Resources and local authorities. Neighboring residents and businesses will also be notified. Dormant Mows Dormant mows are an alternative to fire, and are frequently done in years when a controlled burn is not scheduled. Dormant mows are conducted when the prairie plants are dormant (not actively growing), as the name suggests. They occur in early spring or late fall, and benefit the prairie by dispersing grass and flower seed and speeding up the breakdown of biomass. Dormant mows also give the prairie a clean look to start or end the season. One consideration when scheduling a dormant mow is soil moisture. Any soil disturbance will promote the growth of weeds, so mows should only be done when the ground is firm enough for the equipment being used. Larger sites are mowed with a tractor and flail mower. Smaller sites may be mowed using weed-whips. Integrated Plant Management(IPM) Integrated Plant Management (IPM) is a combination of many hands-on management techniques used during the growing season. The goal of IPM is to remove unwanted species from the prairie. The method of control used varies by species and density of the weeds. If desired, Prairie Restorations' trained land management crews will visit the site periodically during the growing season to conduct various IPM tasks, as needed on a site-by-site basis. G:\PROJECTS\Buffer Maintenance�2012 Contracto Info�Prairie Scope Exibit A.docx /�-2 Chemical Control • Spot Spraying For perennial weedy species, spot spraying is the primary method of control. Selective spot spraying targets individual plants using backpack sprayers. Because of the accuracy, it is possible to kill weeds intermixed with prairie plants without harming the native forbs and grasses. Chemicals used for spot spraying are "species specific," meaning different chemicals are used for the control of different weedy species. In order to minimize negative impact on a site, the minimum effective rate of the chemicals is used. Weather conditions are always taken into account before applying chemicals to a site. It is not only rain that causes concern. Heat may cause some chemicals to become less effective as the plants shut down to preserve energy. Prairie Restorations Inc.'s crew members are certified pesticide applicators and have been taught the proper techniques for handling and applying the chemicals used. It is not recommended that the homeowner apply chemicals to the site. • Wicking Wicking is another way to apply chemical. Using sponge-like devices, crew members are able to wipe chemicals onto individual or small colonies of weeds. This may be done using small hand-wicks, or larger"hockey-stick-wicks." Wicking is very precise, but may take more time than spot spraying. • Timed Oversprays Timed oversprays are necessary when a large area of the planting contains unwanted perennial plants. The timing is critical. Typically, oversprays are conducted in the early spring or late fall, when native, warm-season plants are dormant. Luckily, many weedy species, such as reed canary grass, are cool- season plants. This means they become active earlier in the spring and remain active later in the fall. Most often, the timed oversprays are conducted using a truck or a tractor with a mounted boom sprayer. If the area is small enough, or there is not adequate vehicle access, it may be done with backpack sprayers. Glyphosate is the preferred chemical, as it is non-selective and good at controlling most broadleaf and grass species. In the spring following an overspray, areas that were sprayed become obvious until the native species start filling them in. Mechanical Control • Spot Mowing Spot mowing is typically done with weed-whips. Crew members cut down individua! plants, or smaller colonies. While chemicals will kill annual and biennial G:\PROJECTS\Buffer Maintenance12012 Contracto Info\Prairie Scope Exibit A.docx A-3 weeds, spot mowing is often the preferred tool. Unlike perennial weeds, in which each plant will grow and flower year after year, annuals and biennials only have a one or two year growing cycle. They flower, produce seed, and die. The weeds persist by producing large amounts of seed that germinate and flower quickly, thereby producing more seed. Due to this growth pattern, mowing at, or just prior to, the flowering stage is an effective method of control by stopping the seed production. Spot mowing may also be used to stop perennials from spreading seed. However, spot mowing is not enough to kill perennial weedy species. It will delay the spread, but eventually another control method, such as spot spraying or controlled burning, will be required. • Complete Site Mows Complete site mows are most often done on newly seeded projects. In the first growing season, three to four complete mows may be necessary. The main purpose of a complete site mowing is to prevent weeds from producing a closed canopy and blocking out the light from the native seedlings. Plants are usually allowed to grow to 12-18" in height before being mowed. Flail mowers are used because they can be easily adjusted to different mowing heights. Typically, a height of 6-8" is desired. If the vegetation is cut too short, it exposes the young prairie plants to extreme heat and drying conditions and may inhibit growth. • Hand weeding and chopping Hand weeding and chopping will be completed by Prairie Restoration when needed. G:\PROJECTS\Buffer Maintenance�2012 Contracto Info\Prairie Scope Exibit A.docx A-4 EXHIBIT B Golden Vailey Parks Maintenance 2012 Spring Spring Park Burn Dormant Mow IPM Total Adeline Trail $350.00 $350.00 Bassett Creek $650.00 $650.00 Boone Ave. $750.00 $800.00 $1,550.00 Brookview Ponds $1,275.00 $2,000.00 $3,275.00 General Mills Nature Preserve $1,150.00 $3,250.00 $4,400.00 Goiden Meadows $350.00 $350.00 Golden Rid e $350.00 $350.00 Ham shire Pond $350.00 $800.00 $1,150.00 Golden Hills $400.OQ $850.00 $1,250.00 Medle Park No cost $1,200.00 $1,200.00 Minna ua Pond $175.00 $300.00 $475.00 Minnaqua Nature Area $350.00 $1,000.00 $1,350.00 Regent and Westbend Rd. Buffers $250.00 $1,250 $1,500 Sandbur Pond $775.00 $750.00 $1,525.00 Scott Ave. Pond $300.00 $750 $1,050 Scha er Park $1,050.00 $1000.00 $2,050.00 S. T rol Hills $250.00 $450.00 $700.00 Sweeny Branch Stabilization $750.00 $850.00 $1,600.00 Xenia Pond $550.00 $950.00 $1,500.00 Total $26,275.00 G:�PRpJECtSIBuffer Maintenance12012 Contracto Info�Exhibit B&C.doc EXHIBIT C 2012 PRAIRIE MANAGEMENT BILLIl�TG RATES Prices Subject to change in 2012 Labor Costs: S64/hr. (including pro-rated travel time) Travel Mi, lea�e_ (Tr�.vel mileage one w�y anly) $0.48/mile-light duty trucks _ $0.75/mile-trucks/trailer/w/equip. Eauiament Costs: $15/hr. -Small power equipment use $401hr. Large tractor/mower use $40/hr. ATV use Material Costs• Herb_,_,_ic�, 'des: Garlon 3A�- $1.10/oz Garlon 4�- $1.25/oz Rodeo�- $0.55/oz Roundup�- $0.55/oz Transline�- $3.50/oz Vanquish�- $1.OS/oz G:IPROJECTS\Buffer Maintenance12012 Contracto InfolExhibit 6 8 C.doc 6si'�y 4/�.. i {Y�� . /` ��„ �� Public Works Department 763-593-8Q3Q!763-593-3988(fax) �.:..... . .. . ....�,� :_�.��.. _..; .� �,�_� -... �_� .�.,x��„��n .,. :.0 ��u�� ?��_.�. . ... �=T �,��k��:; ;.; �� ..,: �..... � Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. F. Adopt Traffic Sign Management Policy Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineer Summary Traffic control signs are an important way that agencies communicate with drivers. The City of Golden Valley is responsible for the design, placement, operation, maintenance, and uniformity of traffic control devices on all streets, highways, and bicycle paths that fall within City jurisdiction (Minnesota State Statutes, Chapter 169.06). Standards for traffic control signs are set by the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Minnesota's Manual on Uniform Traffic Control Devices is in substantial conformance with the federal Manual on Uniform Traffic Control Devices (MUTCD). The federal Manual on Uniform Traffic Control Devices is the national standard for all traffic control devices (23 CFR 655.603(a)). In the 2009 version of the MUTCD, all agencies were required to have a sign management policy in place by January 22, 2012. To meet this compliance date, City staff began work on a draft policy in the summer of 2010. On August 31, 2011, the Federal Government published a notice on proposed revisions to the 2009 MUTCD that delayed the requirement to have a sign management policy in place until two years after the effective date of the revised 2009 MUTCD. The purpose of the City's sign policy is to be in compliance with regulations and provide a framework through which the City will execute its responsibility and authority for traffic control installation and maintenance within Golden Valley. The policy will cover sign installation, management, maintenance, and removal. A draft of the Traffic Sign Management Policy was presented to the City Council at its February 15, 2012 Council/Manager meeting. Attachments • Resolution Adopting City's Traffic Sign Management Policy (4 pages) Recommended Action Motion to adopt Resolution Adopting City's Traffic Sign Management Policy. Resolution 12-13 March 6, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING CITY'S TRAFFIC SIGN MANAGEMENT POLICY WHEREAS, the City of Golden Valley is responsible for design, placement, operation, maintenance and uniformity of traffic control devices on all streets, highways, and bicycle paths under its jurisdiction consistent with the Minnesota Manual of Uniform Traffic Control Devices; and WHEREAS, the City of Golden Valley has determined that it is in the best interest of pedestrians and motorists in the City to establish a Traffic Sign Management Policy that: 1. Outlines the installation and removal of traffic control signing, 2. Outlines management activities determined appropriate for maintaining consistent and visible traffic control signs within the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley, Minnesota, that in the interest of providing the safest environment for pedestrians and motorists within the City, the City of Golden Valley Traffic Sign Management Policy is hereby adopted, and attached hereto as Exhibit A. Shepard M. Harris, 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 his signature attested by the City Clerk. Resolution 12-13 - Continued March 6, 2012 Exhibit A Traffic Sign Management Policy March 6, 2012 1. Introduction and Purpose The City of Golden Valley is responsible for the design, placement, operation, maintenance, and uniformity of traffic control devices on all streets, highways, and bicycle paths that fall within City jurisdiction. All traffic control devices under City jurisdiction shall be placed only as authorized by the City of Golden Valley (City Code Section 8.07, Subdivision 1). No signs, other than those authorized by the City, shall be placed upon any public street, right-of-way, public easement, public land, or project over public property or public easements, unless allowed in the I-394 Mixed Use Zoning District (City Code Section 4.20, Subdivision 8G). This Traffic Sign Management Policy is in accordance with the authority granted to the City of Golden Valley under Minnesota State Statutes, Chapter 169.06. The purpose of this policy is to provide a framework through which the City will execute its responsibility and authority for traffic control installation and maintenance within Golden Valley. Traffic control signs on private roads, parking lots, and/or access points to public roads are the responsibility of the property owner or their designee. All roads, parking lots, and/or access points that are open to the public must have signing that complies with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Signs that are placed within the City right-of-way must be in accordance with City Code provisions. 2. Traffic Sign lnstallation Process The City of Golden Valley receives many requests for sign installations within the public right-of-way from residents. The City Council has established the Neighborhood Traffic Safety Committee (NTSC) to receive, evaluate, and respond to sign (and other traffic) requests or issues. The NTSC includes staff representatives from the Police Department, Public Works, Communications, and the City's consulting traffic engineer. Other individuals or groups are brought on an as-needed basis. All traffic sign requests will be forwarded to the NTSC for review, unless emergency conditions require immediate action to protect life or property. Guidelines for the use of traffic control signs are set by the MMUTCD. Additional considerations may include consistency with the City's Comprehensive Plan, City precedent, and/or special conditions such as temporary/special events or emergency conditions. If the NTSC recommends modifications to existing traffic control, the modification will, if required, be forwarded on to the City Council for consideration. Resolution 12-13 - Continued March 6, 2012 Individuals, companies, or other groups conducting construction within City right-of-way may be required to submit a traffic control plan (if vehicular, pedestrian, or bicycle traffic will be significantly impacted) as part of the permitting process. This plan must be prepared in accordance with the MMUTCD and must be provided by the permit applicant for review by the City Public Works Department. Failure to provide a traffic plan or receive approval of the traffic plan from the Engineering Division may result in a hold on the permit approval process until all required items are submitted or modified. The City will install all traffic control signing as authorized according to this policy within public right-of-way. Cost allocation and cooperative agreements with private parties or other agencies shall be as determined in the sign approval process. 3. Management Responsibilities The City of Golden Valley is responsible for inspection and maintenance of all traffic control signs on streets and paths within the City's jurisdiction (MMUTCD 2A.22). Agreements with other agencies may define other inspection and/or maintenance arrangements for signs on County or State highways. Maintenance and inspection of signs on private roads, parking lots, and/or access points to public roads are the responsibility of the property owner or their designee unless otherwise authorized as part of the approval process. Management Activities a. Asset Inventory The City will collect and maintain information about all traffic control signs currently under its jurisdiction. The inventory will be compiled into a database that will be used for expected sign life for retroreflectivity, as well as other maintenance and use needs. b. Retro-reflectivity Inspection Signs under City jurisdiction will be in accordance with current Federal Highway Administration (FHWA) standards and procedures. Signs that are identified as having non-compliant retroreflectivity levels will be replaced under a scheduled replacement program. c. Inspection Schedule and Method Traffic control signs will be formally inspected based on the expected sign life, perFormance of similar control signs within Golden Valley, and supplemental measured sign retroreflectivity readings of signs nearing the end of their expected life. Signs that do not meet retroreflectivity requirements will be replaced as part of the scheduled sign maintenance program. d. Damaged/Missing Signs Traffic control signs that are repaired or re-installed may have the general condition and retroreflectivity inspected for compliance prior to re-installation. Resolution 12-13 - Continued March 6, 2012 4. Sign Removal Guidelines and Process To be effective, a traffic control device should meet five basic requirements: fulfill a need; command attention; convey a clear, simple meaning; command respect from road users; and give adequate time for proper response. If a sign no longer satisfies the requirements listed above, then it should be considered for removal. All traffic control sign removal requests will be sent to the NTSC for review. If necessary, removal of signs will be approved by Council resolution. If the sign to be removed is within the public right-of-way under the City's jurisdiction, then the removal must be done with the approval of the Public Works Department. Agreements with other agencies may define other removal arrangements for signs on county or state highways. Removal of signs on private roads, parking lots, and/or access points to public roads is the responsibility of the property owner or their designee. 5. Resources The City has reviewed and relied on numerous resources in adopting this policy. These resource materials include, but are not limited to the following: • Methods for Maintaining Traffic Sign Retroreflectivity, Publication No. FHWA-HRT- 08-026, U.S. Department of Transportation, Federal Highway Administration (November 2007). • Sign Retroreflectivity Guidebook, Publication No. FHWA-CFL/TD-09-005, U.S. Department of Transportation, Federal Highway Administration (September 2009). • Sign Retroreflectivity: A Minnesota Toolkit, Minnesota Department of Transportation, Local Road Research Board (June 2010). • Traffic Sign Maintenance/Management Handbook, Report No. 2010RIC10, Version 1.1, Minnesota Department of Transportation (October 2010). • LMCIT Sign Retroreflectivity Memo and Model Policy, League of Minnesota Cities (August 2011). �� ' Police Departmen� 763-593-8079!763-593-8098(fax} �-� * ��iii��.:� . � � : ..� - �� e � �� .��ui��.�.�-. .: . �� r��a�7��r._F._W.��- . � a..� 3 . .,�..� Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. G. Authorization to Sign Agreement with Missions Inc./Home Free for pomestic Assault Intervention Services Prepared By Stacy Carlson, Chief of Police Summary The City has a long history of using the services of Home Free.This service has in the past been paid for with pull-tab receipts that the Human Services Fund distributes to a number of non- profit agencies that serve Golden Valley. Beginning in 2008 payment for this agreement was moved to the General Fund. Attachments • Services Agreement with Missions Inc./Home Free (4 pages) Recommended Action Motion to authorize the City Manager sign the agreement with Missions Inc./Home Free for domestic assault intervention services. CITY OF GOLDEN VALLEY SERVICES AGREEMENT This Agreement ("Agreement") is made on 7th day of March, 2012, by and befinreen the CITY OF GOLDEN VALLEY ("City"), whose business address is 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and MISSIONS INC./HOME FREE ("Provider"), a Minnesota corporation whose address is, 3409 East Medicine Lake Boulevard; Plymouth, Minnesota 55441. The Provider is a non-profit organization that has served the City's families since 1984. The Provider's programs and services are unique and are not available through any other local organization. The Home Free Domestic Assault Intervention Project facilities a coordinated response to domestic assault among law enforcement, criminal justice and social service agencies. The Project aims to ensure that Golden Valley residents receive ongoing support, information and advocacy for domestic-violence issues. The City wishes to contract with the Provider to provide community services in the City. The parties wish to set forth in writing the terms and conditions of their agreement. The City and Provider agree as follows: 1. SCOPE OF SERVICES The Provider shall provide the services as outlined in the attached Exhibit A and made part hereof. 2. PAYMENT The City agrees to pay the Provider $15,000 to assist the Provider in providing the services outlined on the attached Exhibit A. 3. TERM AND TERMINATION The term of this Agreement shall be from January 1, 2012, through December 31, 2012. This Agreement may be terminated at anytime by either party upon sixty (60) days advance written notice. The City may terminate this Agreement immediately without notice should Provider (i) fail to provide the Services in accordance with this Agreement; or (ii) violate any ordinance or regulation of the City of Golden Valley or any state law or regulation. Extensions of this Agreement may be made by the written agreement of both parties. The City and Provider shall meet annually each November to discuss this Agreement and evaluate the Services provided hereunder. 4. NON-ASSIGNMENT Provider may not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed under it, whether in whole or in part, without the prior consent of the City. 5. DISCRIMINATION The Provider agrees not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 6. INDEMNITY The Provider agrees to hold harmless, indemnify and defend the City, their elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this agreement by the Provider, its employees, agents, officers, or volunteer workers. 7. INDEPENDENT CONTRACTOR Nothing in this agreement is intended, nor may be construed, to create the relationship of partners or employer/employee between the parties. The Provider, its officers, agents, employees, and volunteers are, and will remain for all purposes and services under this agreement, independent contractors. 8. WAIVER Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 9. AUTHORIZED AGENTS The City's authorized agent for the purpose of administration of this Agreement is: Thomas D. Burt, City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 763-593-8003 The Contractor's authorized Agent is: Patricia Murphy, Executive Director Missions Inc./Home Free 3405 East Medicine Lake Boulevard Plymouth, Minnesota 55441 763-559-1883 10. NOTICES Any notices given under this Agreement will be served upon the other party's authorized agent either personally or by mail at the addresses stated herein. 11. ENTIRE AGREEMENT The Agreement contains the entire agreement of the parties with respect to the subject matter herein and supersedes all oral agreements and negotiations between the parties, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written, CITY OF GOLDEN VALLEY (the "City") MISSIONS INC./HOME FREE ("Provider") Thomas D. Burt, City Manager Patricia Murphy, Executive Director EXHIBIT A Services provided by the Provider (the "Services") A. Through the Domestic Assault Intervention Project, the Provider will facilitate collaboration among law enforcement, criminal justice and social service agencies - most frequently but not limited to Chestnut and Cambronne and the Golden Valley Police Department. This facilitation should involve regular contact between the domestic abuse advocate and the victim in order to not only advise the victim of the victim's rights throughout the process, but also to ensure that the prosecutor has continuing contact with the victim and cooperation from the victim, in order to be successful in the prosecution of a domestic abuse case. B. The Provider will provide information and referrals, legal advocacy, systems advocacy and other support services to victims of domestic violence. The domestic abuse advocate will assist in coordinating the actual trial, and if necessary pre-trial, appearances of the victim in court, and provide aid and comfort to the victim in the courtroom. When applicable and possible, the domestic abuse advocate will assist in discovering or producing additional victim witness information or evidence to assist in the prosecution process. C. The Provider will provide battered women and their children with safety, advocacy, support and information to help them explore alternatives to living with a violent partner. D. The provider will help eliminate the roots of violence by respecting human diversity, by assisting women in taking control of their lives, and by developing effective community responses to the needs of battered women and their children. E. The provider will provide guaranteed shelter space to residents of the City. F. The Provider will assist women in obtaining legal remedies, housing, financial resources and medical care. G. The provider will provide transportation for women to appointments as needed. H. The Provider will offer education/support groups and social and recreational opportunities. I. The Provider will facilitate placement of children in local schools, work with children individually and in groups to assist them in developing age-appropriate knowledge and skills related to domestic violence issues. J. The Provider will provide childcare to children when their mothers attend meetings or appointments. K. The Provider will arrange for its staff or volunteers to speak about domestic violence issues and distribute information at community events, schools and at placed of work and worship. Through such community education, the Provider seeks to increase awareness, knowledge and understanding of domestic violence. CZ�� t�� ''+'� ,; �� C'� � � ��. �� Planning Department 763-593-8Q95 J 763-593-8109(faxj = ��H� :s�� . . .>. �_ : .� N .r. �,. ��: �:.°- � ;= -..: : .� ._�.��=:� ��,�u«.. ��._ ��s��„�� Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. H. Authorization to Submit Community Development Block Grant Application for Pesch Place Rehabilitation Project, 2000 Mary Hills Drive Prepared By Mark W. Grimes, Director of Planning and Development Summary The City participates in the CDBG program through the Hennepin County Consolidated Pool. The City Council annually approves a Joint Cooperation Agreement with Hennepin County to participate in the Consolidated Pool.This Agreement allows Golden Valley and other cities within Hennepin County that do not meet the criteria to have their own CDBG program to apply for CDBG funding. This year, the City has been asked by Accessible Space, Inc. (ASI)to submit an application for funding on their behalf. ASI has asked for$78,105 of CDBG funding in order to partially fund the rehabilitation of Pesch Place. (Pesch Place is located at 2000 Mary Hills Drive across from Courage Center.)The total cost of rehabilitation is $92,250. This house was built by the Courage Center in 1980 and acquired by ASI in 1993. Pesch Place provides 5 shared units for adults (over 18 years)with disabilities. It is now in need of rehabilitation that includes retaining wall replacement, upper level kitchen replacement, and wrap around deck replacement. All residents must have an income at or below 50%of the median area income. In the case of Pesch Place, all residents are below this 50% median income requirement. Therefore,this rehabilitation fits into the Consolidated Pool plan by providing affordable housing to very low income with disabilities. This resolution allows the Accessible Space, Inc. application for CDBG funding to be considered for funding as part of the Consolidated Pool process. Attachments • Location Map (1 page) • Scope of Work (1 page) • Resolution Approving Proposed Application for 2012 Urban Hennepin County Community Development Block Brant (CDBG) Program Funds and Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Third Party Agreements (1 page) Recommended Action Motion to adopt Resolution Approving Proposed Application for 2012 Urban Hennepin County Community Development Block Brant (CDBG) Program Funds and Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Third Party Agreements. 4405 ;� 3950 ��,, Z3#ii t� , � � 23il0 3g�5 � ',� � � ti � � � t}� � 1 3930 �� n �',, �'�ti \ � /� �; Mary�Hil�Nat►�reAtv�a � 2211 1 2�0#1 �`� 8941 '. � �. �. r �a � 3910 � �' 3931 �a,f � �j � 1 4050 ��` t y�; 2149 � � �., � � 21?9 �048 �- 9921 ��t5„ 990ti �� " " " 2320 I 2195 � 21ff0 �_�,�., �,� 2195 � � � 4b30 2205 � � 1 � i r� ,, 38Sti �; 220t1 � Z72i � 2t3� A036 � 22U1 �� ~� 2185 ° � � = 44l,20 f�� 2212 �� 384�1 �� ;�19i� 4Q25 a I ti t "'� 2111 � 211�i � � 2200 ti � } � � A01fl ! � 3830 2145 y� # � 1 `� t � t �. i 21D5 � 2104 4015 �, \ ! l 215f! 3831 i , � ��•_�„! � 1 .,_ �� 3820 `�. � 2TU1 � 2400 #fliMS I 2130 3851 � 37�T0 d 4041 1 I � � I � �8i0i � °..� � � � 21A0 � ,r-----'—_"�--�� 3$11 � ,�-- � 42Q4 i #720 4110 4id{! 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Scope of Work Pesch Place 2000 Marv Hills Drive Golden Vallev • Removai of four trees-- 5,OOQ • Large rap around (fire escape)deck needs replacement--- 17,000* • Small deck off living room needs replacement/removal--- 4.000* • Upper level entry walk needs replacement--- 2,550 • Gutters/soffit/fascia need replacement with maintenance free product-- 6,000 • Upper and lower level entry doors need replacement--- 3,000 • Upper level patio and walkway need replacement-- 6,000 • Garage door needs replacement-- 1,200 • Trash container containment wall needs replacement--- 1,500 • Retaining wall along drive way needs replacement-- 22,000 • Upper level kitchen needs total replacement--- 15,000 • New Furnace 12 000 TotaL• 95,250 *Wood will be replaced with composite Resolution 12-14 March 6, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED APPLICATION FOR 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMNT WITH URBAN HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City Council of the City of Golden Valley, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Golden Valley has developed a proposal for the use of 2012 Urban Hennepin County Community Development Block Grant funds; BE IT RESOLVED, by the City Council for the City of Golden Valley approves the following project for funding from the 2012 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Urban Hennepin County/Consolidated Pool. Activi Budqet Pesch Place Rehabilitation Project $92,250 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2012 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2012 CDBG available to the City be different from the preliminary amount provided to the City, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. Shepard M. Harris, 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 his signature attested by the City Clerk. Cl�'� 0� '� '" ��. Police Department 763-593-8079/763-593-8098(fax) =�"..��N� ��diu�au��-� ,.� ��;�=� ..: ._ ...,� ��F��— �i�fl�i��..,. ��. Executive Summary For Action Golden Valley City Councit Meeting March 6, 2012 Agenda Item 3. I. Authorization to Sign Amended Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension for eCharging Court Data Services Prepared By Stacy A. Carlson, Chief of Police Summary The City entered into a Master Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension (BCA) in June 2011, which covers various services offered by the BCA. An amendment to this agreement has been drafted to cover court data services through eCharging. eCharging will allow police department staff to sign, notarize and file crimina) complaints with Hennepin County Courts electronically and will simplify and expedite this process by saving time and the expense of hand-delivering hard copies to the Hennepin County Government Center. Attachments • Court Data Services Subscriber Amendment to C1DN Subscriber Agreement (10 pages) • Resolution Authorizing the Police Department to Sign the Court Data Services Subscriber Amendment with the Bureau of Criminal apprehension (BCA) for Access to Court Data Services Through eCharging (1 page) Recommended Action Motion to adopt Resolution Authorizing the Police Department to Sign the Court Data Services Subscriber Amendment with the Bureau of Criminal Apprehension (BCA)for Access to Court Data Services Through Echarging. COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (`BCA") and City of Golden Valley on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. � Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, Contract number DPS-M-1169, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to andlor submission of Court Records may only be utilized by the _ Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access andlor submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Amendment. Any party may terminate this Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 sha11 survive any termination of this Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber sha11 perform the responsibilities set forth in paragraph 7(�hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particulax case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended form time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Amendment by a11 parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in th� Master Autharization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of a Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(�hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or 3 other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, Sta.te, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies &Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Agreement, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS: During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and"Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Conf'idential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court ar its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in cor�nection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its 5 licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon dupiication, disclosure and use contained ir�this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or #he CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account inforination, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA sha11 be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results - thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota sha11 be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statut�s, section 3.376, and other applicable law. Without limiting the foregoing, if 6 Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the Iiability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M-0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies &Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of i�ediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber sha11 be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs,to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this 5ubscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. 7 d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10) days after notice of approval of the request pursuant to section 3 of this Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that fiznds have been appropriated for the payment of charges under this Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, 1NCLUDiNG - BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE 1NFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 8 16. • RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdicfion to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in futl force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into,by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions 9 of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber.Amendment in duplicate, intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF Individual certrfies that funds have been encumbered as CRIMINAL APPREHENSION • required by Minn.Stat. �§16A15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Signed: Title: Date: (with delegated authority) Date: SWIFT Contract No. 4. COMNIISSIONER OF ADMINISTRATION 2. SUBSCRIBE'R(AGENCY) delegated to Materials Management Division Subscriber must attach written verification of authority to sign on behalf of and bind the entity, By' such as an opinion of counsel or resolution. Date: Name: ' 5. COURTS (PRINTED) Authority granted to Bureau of Criminal Apprehension Name: Signed: (PRINTED) Signed: Title: � (with delegated authoriry) Title: (with authorized authority) Date: Date: 10 Resolution 12-15 March 6, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO SIGN THE COURT DATA SERVICES SUBSCRIBER AMENDMENT WITH THE BUREAU OF CRIMINAL APPREHENSION (BCA) FOR ACCESS TO COURT DATA SERVICES THROUGH eCHARGING WHEREAS, the City of Golden Valley has entered into an agreement to have access to services provided by the Bureau of Criminal Apprehension, and WHEREAS, the use of eCharging is necessary to perform the responsibilities and duties required of those employed by the police department. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, Minnesota, that the City enter into an agreement with the Bureau of Criminal Apprehension to access court data services through eCharging, and that Stacy Carlson, Police Chief, is authorized to execute this agreement, as necessary to implement the project on behalf of the City of Golden Valley. Shepard M. Harris, 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 his signature attested by the City Clerk. �� .' City Administration/Cauncii 763-593-3989/763-593-8109(fax) '=-�.-�". .�.'m�'.''.NII�"�`�ilYlliiiiiN��NM�.._., '��'�IN;ryINII�...�c.��.+ .YN!.�i'Y11��II�V��ri�iii!Ifii�lA��t�LlN,t'-..Ii+��d'Y��'14'..v`:. . � -' x "� i.::..�+"�" v�r ;....,... . '�.a2 '+".c�W"N"iw�i��ii4M:.. �� ;��7Fn�:..—.,,,.'�`': Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 3. J. First Consideration - Ordinance#481-Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants Prepared By Chantell Knauss, Asst. City Manager Summary On December 4, 2007,the City Council approved Ordinance#388, Amending Section 10.84 of the City Code Providing for Background Investigations. The City currently performs criminal history background checks for finalists for City jobs and certain volunteer positions where the volunteer works with children. The City also performs drivers' license checks as part of the background check. The background investigation ordinance does not make provisions for an appeal process for applicants disqualified for employment, as found in Minn. Stat. § 364.05. The revised ordinance provides for an appeal process as outlined in the City's Employee Handbook. Attachments • Ordinance#481, Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants (1 page) Recommended Action Motion to adopt on First Consideration, Ordinance#481, Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants. ORDINANCE NO. 481, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants The City Counci! for the City of Golden Valley hereby ordains: Section 1. City Code Section 10.84, Subdivision 5 is hereby amended by deleting the existing language and replacing in its entirety with the following language: Subdivision 5. Disqualification of Applicants No person shall be disqualified from employment with the City solely or in part because of a prior criminal conviction unless the crime(s) directly relate to the position sought. Even if the crime(s) directly relate to the position, the City will evaluate whether the person has been rehabilitated through a careful consideration of the factors outlined in Minn. Stat. §364.03, subd. 3. A. Any applicant disqualified from employment under this section may file an appeal under the process outlined in the Employee Handbook. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation A Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 20th day of March, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: � /s/Susan M. Virniq Susan M. Virnig, City Clerk �� ,' Planning Department 763-593-80951763-593-8109(fax) ... •,�. ''�=, �"«-�:�."`<. 3k5t'h ;ll i o=& d.,�q��IP I � �>i . . . - , ��. �'i : � i�t 4a V �. �ry- .,.�,. . _ . �._.� a �,� �r��„��Mil(�ad�.,. �.fifi�� ., . 6_��ahY�� . � irdu.�x Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 "60 Days" Deadline: April 20, 2012 Agenda Item 4. A. Public Hearing- Preliminary Design Plan Approva) - PUD No. 109- Eldridge 3rd Addition - 4900 Triton Drive-A.K.A.R.E. Companies LLC, Applicants Prepared By Mark W. Grimes, Director of Planning and Development Summary Last year A.K.A.R.E. Companies LLC acquired the 2.2 acre property at 4900 Triton Drive North. The property currently consists of six lots.Two of these lots front on Triton Drive. The other four lots are landlocked. Currently there is one single family home on the property addressed at 4900 Triton Drive. It will be torn down to accommodate the proposed development. It is the intent of the developer to replat the property into five single family lots by using the Planned Unit Development (PUD) process outlined in Section 11.55 of the Zoning Code that allows for flexibility in the zoning and platting process. The development will also include a public street to serve the five lots. At the February 13, 2012 Planning Commission meeting,the Commission held an informal public hearing on the Preliminary Plan for PUD No. 109. It was a very well attended public hearing.The hearing ran from 7pm until 10:30 pm. Presentations regarding the proposal were made by Mark Grimes and City Engineer Jeff Oliver, PE. The developer also presented their proposal. After these presentations, about a dozen people gave input as shown in the attached Planning Commission minutes (unapproved). After the input from the public,the Planning Commission discussed the development proposal. After the discussion by the Planning Commission,the Commission voted to recommend approval of the preliminary plan with the conditions recommended by the staff and adding a condition that the developer study and report to the City Council as part of their preliminary plan review about increasing the front yard setback on the five lots from the proposed 25 feet to 35 feet and the proposed side yard setback from 10 feet to 12.5 feet. (Essentially the Planning Commission asked the developer to look at using the same setbacks as required in the R-1 Zoning District). As instructed by the Planning Commission, the developer did meet with staff to discuss increasing the front and side setbacks.The developer stated that it would be possible to increase the front setback for lots 1 and 2 (the two lots closest to Triton Drive) to a 35-foot front setback although he would prefer to keep all the front setbacks in the development the same. However, the developer would like to keep the proposed 25-foot front setback on the three other lots. In addition,the developer does not want to increase the side yard setback to 12.5 feet because of the narrowness of the lots at the front setback line. Also, the developer has proposed to have the side yard setback not increase as the home gets taller. All homes would be limited to 28 feet in height. (The R-1 Zoning District requires that homes over 15 feet in height be required to increase the side yard setback by%foot for every additional one foot of height over 15 feet up to the maximum height of 28 feet.) Again,the developer believes that due to the narrowness of the lots, any increase in the side yard setback requirement would limit the choice in home construction type for clients. Staff continues to recommend that the front setback be 25 feet and the side setback be 10 feet within this PUD. By "pushing"the homes to the north farther away from the street to a 35 foot setback, there is a greater likelihood that more trees would have to be removed. Staff believes that the 25-foot front setback and 10-foot side setback help encourage the preservation and protection of trees and steep slopes which is one of the principal reasons for using the PUD process. In terms of increasing the side yard setback with the increase of height above 15 feet (as required in the R-1 Zoning District), the Planning staff recommends not making this a part of this PUD approval. This was a discussion at the Planning Commission with varying opinions. Staff believes that in developments with new houses and the understanding by the new homebuyers that there is no increase in setback with the increase in height, all homeowners understand the condition they are buying into. Also, with the pie-shaped nature of the lots (meaning much smaller width at the front than back), the minimum 10-foot setback would probably be at only one point on each side. The houses would be set back a larger distance the farther away from the front of the lot. Attachments • Location Map (1 page) � Planning Commission Minutes dated February 13, 2012 (13 pages) • Memo to the Planning Commission dated February 9, 2012 (4 pages) • Project Narrative dated December 23, 2011 (5 pages) � Memo from City Engineer Jeff Oliver dated February 9, 2012 (7 pages) • Memo from Deputy Fire Marshal dated December 28, 2011 (1 page) • City Code, Section 11.55: Planned Unit Development (16 pages) • Letter/petition from Mike Ernst, 4845 Lowry Terrace (8 pages) • List of concerns from Sheila Bahl, 4815 Culver Road, received at the February 13, 2012 Planning Commission meeting (1 page) • "Top Concerns and Questions of the Triton Avenue Project Neighbors", received at the February 13, 2012 Planning Commission meeting (1 page) • Preliminary PUD Plans dated December 22, 2011, revised January 18, 2012 (11 oversized pages) • Plan showing conforming configuration (1 oversized page) • Plan showing PUD configuration (1 oversized page) Recommended Action Motion to approve the preliminary PUD plan for Eldridge 3rd Addition PUD No. 109 with the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver, PE,to Mark Grimes, Director of Planning and Development, dated February 8, 2012, shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Preliminary PUD Design Plan packet for Eldridge 3rd Addition PUD No. 109 prepared for A.K.A.R.E. Companies LLC by Terra Engineering, Inc., Sheets 1-10 shall become a part of this approval subject to amendments required by the City Engineer as noted in his memo to Mark Grimes dated February 8, 2012. 5. The five lots within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 feet as stipulated in the zoning code. However,the side setback noted on the plan shall not increase with the increase of house height. 6. The Planning Commission finds that Eldridge 3rd Addition PUD No. 109 is consistent with the Intent and Purpose provision found in Section 11.55: Planned Unit Development, Subd. 1; and other PUD requirement and principles and development standards adhered to by the City. 7. If the developer would like to construct a model home and have public access to it prior to completion of the street, it must be done in a manner approved by the Building Official and Director of Inspections. 8. This approval is subject to all other state,federal, and local ordinances, regulations, or laws with authority over this development. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 5(E)(1): 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation.The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes,trees, scenic views, creeks, wetlands and open waters. 3. Efficient- Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. 3311 � 99d0 3301 i � 3300 I�9Z8 I 4910 I 4850 I ,�g14 I4gpg I 4750 I 4�� 47�0 ; 3516 3317 ! _. _ _� ...�._.- - -___ ._.._l,_ .T_ __ __._.-S3rdAveN - - - - - - i - - - - - - - - - _ _ --� S3i2 3313 3249 { 3yqg 5007 � '�1'� i �721 d7�1 t 1 492T � i 48t5 +t831 4807 i 3270 � 3308 9309 � gZ,{,E �281 r t 3245 � � I d 3270 � 3260 3249 { tg10 3301 3239 d �� 1° � i eC 3471 !� � 8250 .� � 8260 �. 324 � " -AdeltAvo' -- 3231 � 3230 1 t820 t81t1 ti x24� � � 32B1 � ,� 4918 � _1 � 4620 3235 3227 � 1 3250 � 3220 32<1 ( � 3220 � -� -�Laavty ter '� 1 ! 3351 r. -� 3228 3225 � �'' �� A23S � 3211 � 3206 �f, .�"r d935 4845 � s�so i saex �0� ssa� � Sub�ect Property 3Z'$ '2"s � i ��s �-�' i � f ) 1 3200 3201 __ _ _ _ �_._Lowry Ter _ _ _. _ __j i- --Lowry Ter " '1' � � Sp51 31� � 3i4$ � � � 3139 � 31�t� 31Y9 � z 8128 3135 i , � / � ti � # / 3142 � 3126 � 312t S12S � � 3120 3175 � 3138 �139 !J , � I } z Gearty Pack � 3138 �115 r 3114 81i5 � � 311.4 3115 1 ! rf 314D Sf2� it� 5124 x92Q % f' �24 5701 } 31C0 3141 � 1 3100 3101 ! 1 �r 3101 !� 3100 �� ..- - ----- --#-- -- - Tr�an Qr. _ "1 '� 3026 3025 '` r 3100 F �� ,. `� �, � � � 3026 3D2S � 3026 3025 ' i ...,�r' � _ _ _ _ _ ..._ .� ..l .r -- ^' ` � 1 I { � 3016 3017 � �1921 ��1 � 3016 3013 1 3018 �017 � ; ! ,� 3034 3035 �f 3030 49d1 4931 i � Z ! 3000 i800 r 1 � 300D 3001 3Sq0 3401 � � ' Sb14 � w � � -•Elmdaie Rd " � 30iS �f �t440 '�930 '�920 4900 � � W i \000 � 4544 t4 ~ ! A 2944 3845 � Z946 2945 � � 29�i4 5001 ! 9t8 .... o v �, 1 2944 � ' � -rtoKrtandY�� 29t2 29t3 � 29t2 2945 R i Y942 2943 ,+r`- _ _ .- � 294b �5 � � a 1 � 1941 � i 2940 294't � 29,�q 2941 ! � 29t0 � 2940 � ! � I � � 2958 �37 1 I � � 2938 2933 � 2938 �a�T S � 2938 2937 � 2937 1 � 3 , 1 � 2936 � 1 Nmarasafw^iA-dN5•CayngeiCliOGL�'CYS2b9 y 29Z4 �25 � - u I i � 2924 2925 Regular Meeting of the Golden Valley Planning Commission February 13, 2012 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, cil Chambers, 7800 Golden Val y Road, Golden Valley, Minnesota, on Monday, Febru 13, 2012. Chair Waldhaus r called the meeting to order at 7 p Those pres t were Planning Com issioners, Cera, Kisch, KI a, McCarty, Schmidgall, S elbaum and Waldh user. Also present w, irector of Planning and Development Ma Grimes, City PI nner Joe Hogebo �� , City Enginee�Jefi��Olkyer and � Administrative Assis � t Lisa Witt n. � ��; � <�. ; ty ;x+ e9 a', 1. Approval of Minute � � t�`� t�£� ��4 ;�, ,�}'. 3 � � =F: January 23, 2012 Regular : nning Commission Mee�r�g �� _�� ,�;, ��k ��,, � r�� Kisch referred to the ninth ragra h on p four anr��rified��hat h�e;��reed with Commissioner McCa ' concern bout the hei =�� rec��;�;ro�osal but he did not share McCarty's co ern about e ollment. ` �'`' �� E�: � Waldhauser erred to the last a ra h � ��. a ��r ��` p g p q � � �even a�d clari at she would like to review e MnAPA Citizen Plan er ha��book��nri�f� �;e��nning Commis ' at a future � meetin ��,�, ��g�p�,¢ j �3y ,�$g ff�� l4bxid��$�}� a �� i;i§. '�s�� :�_ M ED by McCarty, seconded�t�, Schr�idga��and motion carried unanimously to prove the January 23, 2012 mi� �es��ith the��bove noted changes. j£3�4�§�1 � ��#�� * ��'� 2. Informal Public M��ring��Plai��ed Unit Development Amendment— Preliminary Plan =��0�?��'riton�D��ive (Eldridge 3�d Addition) — PU-109 Applicant: �1��P�, �E f��mpanies, LLC — Rob Eldridge ; ;,, La�,� ,�s��v��lopment Co, LLC — Curt Fretham "��3 �4�� ¥ k Addi'�� OO��riton Drive ��. � #� ��.�� ,�� , � �£ -_,��_ Pi��`��se��; To allow the applicant to divide one single family residential lot into ,. ,�: =.five single family residential lots. �;;; Grimes�r��er��`� to a location map and explained the applicant's proposal to tear down the existing h'�rii�� on a 2.2 acre lot and build five new homes on five new lots. He explained that the properties are zoned Single Family Residential and are guided for low density development on the General Land Use Plan Map in the Comprehensive Plan. Grimes explained that there are two ways to divide this property. One is by standard zoning through the subdivisian process and the other is by using the Planned Unit Development (PUD) process. The applicant in this case is choosing to do a PUD in order to preserve and protect the steep slopes and trees. Grimes read the purposes in the Intent and Purpose section of the PUD ordinance and said he feels this proposal does meet the intent of the PUD ordinance. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 2 Grimes stated that the proposed street will be a public street and will be built to City standards. He referred to a site plan of the proposal and noted that the homes would be placed further south (closer to the proposed street) on the lots in order to save a number • of trees along the north side of the property. Moving the homes further to south will mean that the homes will not meet the 35-foot front yard setback requirement. He discussed the conditions of approval listed in his staff report and noted that all of the lots will meet the required square footage requirement, however not all of them will meet the 80-foot width requirement or the 12.5-foot side yard setback requirement. ��`� ��s� Kisch asked how the height of the homes will be measured. Grimes s��i��d that�khe height of a home is measured to the mid-point of the highest gable at the fror��of the h�i�se. ; , Kluchka asked Grimes to compare and contrast the current lo��onfig��tio�i��r�d��he applicant s ability to develop six lots. Grimes explained that t e ��rr�� lot con�ists of six lots but six homes could not be built because of the slope an��khe l��Ck of��r�et access. He added that on paper it looks like six homes couid b�� ,u�lt, t�� n r�� it would be difficult and approximately 90% of the trees would h ve �t�� rer�oved.��luchka asked about the history of the property and asked if the��i��e��i��l,to ��'v�Iop six lots has always k �,��:. been there. Grimes said he doesn't know the his�ry of hov�r�Lowry Terrace along the north was vacated but the property has beer��con°t�?rised of s�x lots probably since the � 1940s. �� ' ��, � �; z #z , .� ,�= f � . , x �� , Oliver explained that when staff firs rec�i�i �#t��irst��ubmission of the plans for this proposal it appeared to be a relat��y#� '`�ai��forward development of a difficult property. He said it was a well thought ou�� an t��t pre�� ed over half the trees on the site. The infrastructure was well plan��,� n��t all the equirements for rate control of stvrmwater run-off and tl� ��3ass��t CF�ek Water Management Commission water quality requirements. However, a�� rir��s sta�e�, staff felt that the first submittal did not meet one of the primary ir�#ents o��e �'UD ordinance which is to preserve and protect desira b le si te c hara��e r is ti�s s�� as open space an d s teep s lopes. He ex p l a i n e d t h a t staff's recomm�ndatib'r� is �i��h��site be developed using a two-phase grading approach to more closely r��ch�f�e�inten�of the PUD ordinance. The first phase of grading would be during£t '�nsta�l`� iori��f the sewer services, the pond and construction of the street. The se<�n��i�� d�ing would be custom grading of the lots at the time of home constructrt� �: � , finro-p�ase grading approach would maximize the potential for tree pr� ervatio��n��u�ould allow future homeowners to make design decisions about their indii��d��al lots��d the types of houses built. He noted that the currently proposed one- phase c�r�d�n��lan includes grinder pumps on some of the lots because the site would be lowered. �'i'ei��cplained that the building code allows for grinder pumps however they are only to be used when there are no other viable alternatives so staff is recommending the grade be raised to avoid the use of grinder pumps. Kisch asked if there is concern that the site might not be looked at as a whole if it is done in finro phases whereas a single grading approach takes the whole site into consideration from the beginning. Oliver explained that the public improvements (street, sewer systems, utilities, etc.) will take place first and that the lots can't be developed until those public improvements are done. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 3 Waldhauser said she assumes that the grading and drainage on this property won't impact the surrounding properties. Oliver said that is correct and stated that the developer will be required to do a stormwater management plan and obtain the proper permits. Schmidgall asked for clarification regarding the stone retaining wall being proposed. Oliver explained that the site is currently fairly level but the proposed grading for the cul- de-sac changes the grade enough to need the retaining wall. He added that the two- phase approach to grading will greatly reduce the height of the proposed retaining wall. � ,i;�� 3 Cera asked about the location of the easement for maintenance of th �=o os� .; stormwater pond. Oliver referred to the site plan and explained tha�th��, is an e�x�sting storm sewer in place serving the neighborhood to the north. He� ��+�'the�i� ferre ��ccess would be from the north. He ex lained that staff will be askin � � dev op��r�o��tore the p 5 �� ,,��, pond to pre-construction conditions before the City takes it o�e :� . ��ided that pond i maintenance typically occurs every 20 to 25 years and the Ci��re �res a�y=�rea � 5�� ?�._:$ disturbed by the maintenance. # � � '�� `�� __� ''��:r . ' > . a. Waldhauser asked about the elevation of the no �ae�rn e�i e o��th��pond and how pond areas are planted. Oliver said the northern edge�gf the po��seerri�s to blend in well with the existing contours and that ponds requir� a nattye veget�t�ve buffer consistent with City Code requirements. �t �°��;�� ; �� ° ,;�: �,;�§:,�_ .�$ � Kluchka asked if a parking plan will��req�u��rec��or��ifi�t�ere has been any discussion regarding parking on the street C�,��er's��te�;�hat the street wilf be constructed to the � standard 26-foot width so staff d��sn't ��icip�t�fany parking restrictions. s�� '�� . �� '�, McCarty asked if the stre;e�t�.%vill be�sir��r to the street constructed for the development at the southwest corner of F�i�hwa�r��5 anc�s�00 (Maywood). Oliver explained that this proposed cul-de-sac�s not��ame as the Maywood development because that is a private road, not a p��lit�� tree��i e the one being proposed. f� ��'��, �� t �� Kisch asked if t�e��turni�� adius� of the cul-de-sac is adequate. Oliver said yes. �,�� r $��;: ��# Segelba��rr��, ed;��i��t1�e trade-offs relating to the proposed setback variances. Grimes e��lai�i��d that`�the lots the applicant is proposing all exceed the minimum lot size and;have a��irly�ow density at 2.2 units per acre. However, they are proposing to have 25-fQ t front y' #d setbacks and 10-foot side yard setbacks rather than the required 35- foot f o�t��rar��d 12.5-foot side yard setbacks. They are also proposing that the side yar d se t b�a'�f��i n ri l l no t increase wi t h t he heig h t o f t he bui l ding a s r e q u i r e d. H e e x p l a i n e d t h e reason for the requested variances is to preserve more trees and to place the homes further away from the slope along the north side of the property. Waldhauser added that she can see the advantage in this case of having smaller front yard setbacks because it allows for a more compact neighborhood and more space between the new homes and the existing homes to the north. Segelbaum expressed concern about the proposed front yard setbacks and noted that the Board of Zoning Appeals has been vigilant about maintaining 35-foot front yard setbacks. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 4 Grimes noted that the front setback for the house on Lot 1 along Triton Drive will be 35 feet. Kisch said all of the houses except for the one on Lot 2 could meet 35-foot front yard setback requirement. He expressed concern about the variance from side yard setback requirements because there could potentially be homes that are 35 to 40 feet tall in the back with only 20 feet befinreen the homes. Peter Knaeble, Terra Engineering, representing the applicant, referred to the questions regarding the front yard setbacks. He stated that most of the lots will have a 30-foot front yard setback and every home will be custom built. He explained the layo ��s��he site and stated that they want to use the flexibility of the PUD process in order ��ave�r��s, provide a compact development that has more green space and le�s �� ervious=surface and also preserve the homes around this development. He state�:�fiat thre,�raditioh�l re- platting process would remove approximately 90% of the trees�;uersus��pp�o��tely 43% using the PUD process. He added that the lot sizes in this pr�?po��d��veloprirrient would be larger than the surrounding lots. ��; � ��, . °�� g t�� t4�� $� S Waldhauser referred to the diagram showing the lot � ,�o��#�nd�a�ked a�out which trees are existing and which ones would be replaceme��`�§�e�ble°��C�t�d that all of the trees in the back of the houses along the north side of th� propert� re existing trees. ;�° � � ,.s��is �� , �' Waldhauser asked Knaeble to address tf��gra�� o��the c�� e-sac. Knaeble explained that their original plans had a 6-foot refia�hing w��l alort�g�t�� east side of the property but they shifted the street further to the�yv�stvuk��a��ii�a�ght the re#aining wall down to 3 feet. He added that if they can save tr��s ��doin�}�he grading in finro phases they will. �� ,; Kluchka asked Knaeble if tf� #��ie}�Q�i�sidered�developing the property into fewer lots. Knaeble said they did cons��er d��idm��the property into two lots but it just isn't feasible to �-�' ,��; � develop less than five lot��#�� ;�� f s � '� #� Cera a$ked Knaebl��l��r've�Fi��l a meeting with the neighborhood. Knaeble said they did have a neigzhborh "�d ii��etin�j�ast week where they presented the same pians. He said the concerr��ey��ard froi�n the neighbors included tree removal, the views from the three si�� that�bor ��this property and how stormwater will be managed. � �� , .E#�� '�� ; #'�ls�,i� ,. Kluchka as�ked��any consideration has been given for 4824 Triton Dr. Knaeble said he ha�3tried to��nt��the property owner but has been unsuccessfuL He referred to the plan an��'s�t�ted tha �the�i are proposing to plat an outlot that could be redeveloped with 4824 Triton �� eve �c�ets redeveloped. He added that they are also planning on putting in services�o��l�`� north side of the 4824 Triton Dr. property in case that lot is split into two lots in the future. Segelbaum asked about the average widths of the proposed new lots. Knaeble explained that Lot 1 is 105 feet wide, Lot 2 is 64 feet wide, Lot 3 is 51 feet wide, Lot 4 is 45 feet wide and Lot 5 is 44 feet wide. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 5 Rob Eldridge, Ridgecreek Custom Homes, builder for the project, showed pictures of a project he did in St. Louis Park. He explained that when the setbacks are staggered it allows the backyards to have more privacy. Segelbaum asked Eldridge if ineeting the 35-foot front yard setback requirement would prevent him from being able to build or if it would prevent the staggering of the backyards. Eldridge stated that meeting the 35-foot front yard setbacks could prevent the homeowners from having a 3-stall garage. He reiterated that moving the homes forward on the lots allows them more flexibility and allows the new homes to be f��Fter away from the existing homes surrounding them. ,,�� :=�:n= ,, Kisch said he is concerned about the proposed 10-foot side yard��i�Ttback��nd tl��a�e setbacks not increasing with the height of the home. He said I�e��vould��ke6the �l��iidings designed to the site, not the site designed to the buildings. E� ri��e�r��ted that`�hat the lots are pie-shaped as well so the side yard setback area will�t�cr��a��e fro��ont to back. �� Grimes added that any wall over 32 in length must be ��iculate�l,as v�r��=�� 'k �;`tR. jz.. Kluchka asked Eldridge about his market plan an�� t�iaugh�t��a�iout the developing the property into fewer than five lots. Eldridge said tCi�y are cu��ently testing the market and he thinks the homes will be in the $400,000 �Q $6��0,000 ra�i�e. He stated that a three-lot development would not work financially b�a��he�� no��t�Sure�iout a 4-lot development. ,_� ` `; �� #,��E��" � 'i � � McCarty referred to the neighborho4��m�t��ci��sked which of their concerns haven't been addressed. Eldridge said h� ��n't�� e�.to how the neighbors feel but he heard one concern about construction traffi� hich��ere.��o way to eliminate. He said he thinks the neighbors want a chanc��,�vo�`��aeir opinions because it is a beautiful property. �� . �; _ �; _�,.. Waldhauser opened the'p��i�lixc i� �aring `'�;� �� . � �_' � :; Mike Ernst, 4845 Lov�i�r�Terra�e�;�said he was speaking on behalf of several residents. He distributed a let#gr out��n�n�4�k�e n'�ighbor's concerns. He stated that the proposed development neg�stively��mpact�'the land, the surrounding neighborhood and conflicts with the go�l�,in th��it��yComprehensive Plan. He expressed the concerns about the woodla�ds�r�� dli�� a�exist on the northern edge of the property and stated that new trees will=i� t C��npensafe for the destruction of the area for decades to come. He referred to the gra �n ;an�et�drainage issues and said this area has flooded during heavy rain eveY�� and th�i��pro�posal represents major issues for the properties to the north regarding their vi��,s an�:�privacy. To address the grading concerns he suggested that all retaining walls be e�ii�:iit�'ated and underground detention be used instead of the proposed pond. He also suggested that the existing overhead power tines be buried. He stated that their neighborhood is an established, quiet and well-maintained area and asked that building permits be required to be closed within 1 year of issuance, storage of construction equipment be prohibited, the size of sales/marketing signs be limited, the hours of construction be limited, construction vehicles should be required to park onsite, not on adjacent streets, construction fences on the entire site should be prohibited, security lighting should be prevented befinreen the hours of 10 pm and dawn, and the use of street lights should be minimized and should have dark-sky compliant fixtures. He referred to Minutes of the Golden Valley Planning Commission February 13, 2012 Page 6 the City's Comprehensive Plan and said he doesn't believe this proposal meets the goals, objectives and policies listed in the Land Use section of the Plan. He also feels the proposal doesn't meet the Purpose and Intent section of the PUD ordinance in the City Code. He asked that the City provide the neighbors with wetland study information previously gathered and stated that the developer should provide additional research including impact to the local habitat, both short-term and long-term cost analysis, a visual impact study showing views both during and post-construction and the neighbors should be given appropriate time to review the information. He said the neighbors cannot support the development as proposed and asked the Planning Commission to d��he application until further study can take place and a more suitable plan��rop�b��d. �° ��_�, Fred Reiter, 3146 Quail Ave N, said this is a well settled neighbo��od th��is turni�g over to younger families. He stated that there is an extremely uniqu,��eco-sy��erri�� t�1e'woods that will be devastated if this proposal goes through. He said�he�� =recently��ard about this proposal and hasn't had an equal amount of time as the�d�� vel��er to� �,��View all of the relevant facts so he #eels, as a matter of fairness and ��sfness��haf f��,�Nanning Commission should not make a decision without giving t��a�r�e=ighbors rr�iore time to evaluate the facts. He suggested the developer r��e ��ale=ii�o�t��l of the proposal so he can see what the development will look like in re��tion to ti�;e existing homes in the area. He asked how much consideration has beer�F�ive�to low i�"�act development. He said he recognizes that the property owners h�ve`I��ghts�to dev��qp their property but it should be done to certain standards. He sugge��ed a ��dy b��quired to find out if there are any protected species in the area. e��x�res�e�°��an�ern about the impact of traffic and , s�� the impact on property taxes and,�s e�t�bo��4the time frame of the project. He questioned if this project would s`�t a pr��eden�=��at any woodland area in Golden Valley is available for giant homes��g��t� �� 7 ' �� + � �; Ruby Vanhorn, 2901 Per�� ve,��aid sl��'�s lived in the neighborhood for 48 years and she is afraid this project��II spoils��r beautiful neighborhood. She said there are 15 children living within three b�� I��a�d t �:� are no two-story homes in the area so the proposed homes will not =.e con�s�st��,��h'�he neighborhood. She urged the Planning Commission to really think a�b� ��#thi�� opos��. � ��;��,�� tt ��, �� Ray Anders`an;`�3��2�C�ua��Ave N, distributed a list of concerns that were collected at the Februarj��ne�g�borh�ob� meeting held by the developer. He asked if the Ci#y's tree pre�servatior��q�i��ments are considered to be a recommendation or if they are a � regu��ion or �� H'e referred to the tree preservation and asked if the builder is held to the sam��req��ements as a developer. He noted that according to the tree preservation ordinance�if�t�iis project is defined as a single-phase development the developer is required to protect 60% of the trees but if it is a multi-stage development they are required to protect 75% of the trees. He asked which type of development this will be considered. Barbara Gaasedelen, 3026 Perry Ave N, said this area is a snapshot of post-war suburbia where kids play in the street and people greet each other. She said currently many of the streets are truncated by design so there would not be through traffic and with this proposal the new street will bypass the original intent of what the developers chose to do in the 1940s. She said she has heard the developer say that they want to retain trees for Minutes of the Golden Valley Planning Commission February 13, 2012 Page 7 privacy and they don't like privacy fences, but people did not move to this neighborhood so that they would be cut off from their neighbors. She added that this is a mature, already established neighborhood and suddenly it is changing a lot. Peggy Neibling, 3270 Quail Ave N, stated that the area has a number of homes in the area that have been for sale for a long time which makes her wonder about the justification for adding more homes. Richard Peet, 3245 Noble Ave N, asked if the public is allowed access to�;��land now that it is a PUD. He stated that there are breeding frogs on the praper�t��vhich°�o�him indicates the property is a wetland. He said the City has said it is not ��etland I�t�t he is not convinced and would like to look at the vegetative matter on �#�� prope�y. He;�dded that if this process takes until June he'll be able to document t�,e`exten��of��4r��ding �»� frog population. � � �4� �:��' � � � � � 43 ;. l�g:: r.,lf-. t-' y:_ Yp} � $z.., Sheila Bahl, 4815 Culver Road, said she doesn't think:�eeing f��t dra��g� really show what will be built. She said she assumes the houses�will��p��se�;t�o arts°and crafts style houses that won't fit in with the neighborhood be-�u�� exis�i��homes are approximately 1,000 square feet m size. She sai;=��if she I��p;�CS down the�proposed cul-de- sac from Triton Drive she will see 15 garag� �oo��and ho�&;es which will cause a lot of visual tension because the tall homes be�;�g��I.t c��, ,e to��her and close to the street will loom over the neighborhood that c��i;ently f��ls so��i�n and airy. She stated that five lots are not a good idea and will notb�;gboc�;�r='t�a#�i�;,and everyone assumed there would be two lots because of the��treet�fron'ta�e the property has. She added that the proposal will be a blight on their t��ighbol��oo�'��d she doesn't#hink people from the outside should be able to co�e�'n�a��i�iake money off of the community they've spent years building. She asked��ie P��hnir�g,Commission to ask the builder what he told her at the neighborhood meeting�he��he as'��d what would happen if his plans were not approved. � � °{ ,} � , � § x �1�' °�� s �#��, ` ��$. Richard Zuraff,��840�pwr��'er�a�e, said they have a lot of drainage issues and every spring his back y��-�d flo��s. He�aid last year it flooded so bad that water went into his � neighbor'��ra�e`�'�d dta��ing hard rains the manhole covers in the street blow off. He express�d��On�e��x�a��,t�a'e impact this proposed development will have on drainage. ��#r � i:� Na�cy Husn��C �2;��5 Triton Drive, said she would like to know the time frame of this dev��o�pment,'�he appetite in this market for five $500,000 to $600,000 homes and if there will be �� ass ��sment for the proposed new street and utilities that would affect neighbors outside o��tki��development area. She said she is also concerned about the trees because ultimately the number of trees wili be decided by the individual homeowners so the neighborhood could ultimately end up with a hodgepodge of trees. Lisa Jacobson, 2900 Cherokee Place, said Golden Valley is a great place to live and she understands why people want to live here, but she has made sacrifices to stay in Golden Valley. She said the City denied her the ability, because of setbacks, to add a family room to her home and added that she is concerned about aesthetics because these proposed homes will not fit in with the neighborhood. She said she would rather see the property Minutes of the Golden Valley Planning Commission February 13, 2012 Page 8 developed into two lots with the stipulation that the homes have to fit in with the existing environment and keep the same aesthetic. Bob Hagen, 4815 Culver Road, asked if there will be any tax considerations given to the developer for this project. Hearing and seeing no one else wishing to comment, Waldhauser closed the public hearing. . F� i�� y f�P Waldhauser asked Grimes to review the tree preservation requiremen�`�for siri��e-phased versus multi-phased developments. Grimes explained that there is a t��.� preseN�tion ordinance in place however trees can be removed if there is rep��+�r�emen� Qr �,f compensation for the removed trees. He reiterated that the Cit��a�ngin��r i��sting a two-phase approach so there can be one preservation plan �qr�i�� po�d, stree#�and utilities and another plan for the homes. '��, ��r� ;_�� ;�, ,, �: '�� '+ �x ��E� �4, '�Y,�� Waldhauser asked if the percentage of trees allowe�d��o b+��mo�d would apply to the whole development or if there would be a differer��erc�;�age�o�=��;ach phase. Grimes said yes, the percentage applies to the whole de�elopmen�� ,�. Kluchka asked for an explanation of the conce"r�r� lii;$heard��out single-phase developments requiring 60% of the tree� �e prp��cted b��multi-phased developments require 75% of the trees be protect��4��1��,�'d`�I�it�type of development#his will be considered. Oliver stated that the� ��y`��rest�r is recommending a finro-phase grading approach. He explained that the��velo�er an�cf,�,uilder will have to comply with the tree preservation ordinance at a��es.�, t�',�hka said� he is concerned that the finro-phase grading approach is com��g��rorri � g��ing and engineering perspective rather than a tree preservation perspec`�t�e. Q��er stat�d that one of the benefits of the two-phase grading approach is��the pre��ation of the trees. '!€�' �F.k. Waldhauser as��d E��,rid�'�;tof�c�dress Ms. BahPs question regarding what was said to her when she asl��d wii��itt�e woUld do if he didn t get approval. Eldridge said he believed that Ms B�h�.�skeci��im`�f��he would build six houses (using the traditional subdivision process� if fi��c�i�l°�c�� ce�e approval to build five houses (using the PUD process) and he told fie��res�ghe wou� subdivide the property into six lots if the PUD is not approved. �„ ��s ��. � � �£ Kluc�i#�a asker�=Gririies if he thinks an Environmental Impact Statement (EIS) should be requireii �n thi�s,��case. Grimes said this is not a large enough project to meet the threshold requirem�nt��f an E1S. Grimes referred to Mr. Ernst's comments regarding the goals and objectives of the land use chapter in the Comprehensive Plan and explained that the Comprehensive Plan Land Use Plan Map and the Zoning Map both call for this property to be low density residential which is what the developer is proposing. Minutes of the Golden Vailey Planning Commission February 13, 2012 Page 9 Kluchka asked about the definition of open space. Grimes stated that open space is generally land that is preserved as a park or nature area. In this case the "open space" will have an easement over it which gives the City the right to preserve it. Kluchka asked what options the neighbors have to protect this property and if there has been any talk of having an homeowner's association. Grimes said he doesn't think this project will have a homeowner's association. Waldhauser asked if a neighborhood association could have any type of control. Grimes said there are some areas in the City that have covenants, but that is not the case with this property. He added��t the neighbors could purchase an easement on the property in order to pr �erve c��ain � � ��{x things. , �4� ` '��i#1 a � �-� �., #��g k #4 -t �� #, �4 Kluchka asked if the City has had any issues regarding retenti��r pond��Ot��;��r,��plained that in regard to safety issues the City has been advised by the ��i ;x�forney t�iat the � �� design of the pond is key regarding safety and liability for the��ity.° �g ex�l a�r�ed that onds are desi ned with a bench, � lanted with ve etat�o mate�ial, k�� i��he normal p 9 P 9 a,��? ,�� water level that serves as a safety buffer. He added�that'th��City�.doesn t encourage ��,��,�e,: ��,� ; fences around ponds because it limits emergenc��"cces� , _ �; Kluchka asked if any thought has been given,zto ��dergrour�� water retention. Oliver said that using underground water retention s,y��iii� is��f�airly ��w idea that are more intrusive and require a higher level of rr��ntenance tti�n�a�pond, but they can be used in the right location and the alternativ��s��p;� �o,r��rn�tl��case can be evaluated. ��a� ��, �� ;�a t � `{; Kluchka asked about the sugges��on of,��ryiri��the utilities. Oliver said his recommendation is that thek��rta��e$��Qm�g the noith side of the property be put underground. � � �x � :�� : �x�= Kluchka asked if the��ity has��i��ability to control when building permits are closed. Grimes stated that op�n�t��ildir��permits have to have active construction occurring. Oliver added tf��t the��eve�q��u�iill be required to post a letter of credit for the total cost � 3 of the utilities so��e Ci r` �'an en�ure that the public improvement portion of the project will be done tq��i�y sta�� r ��tlHe stated that doing the work as a public improvement project would ��SO a��d��'�� t� have more control over the construction traffic and added that there wi��be n��osts o�assessment to the neighbors. -,,� ._� ,�}> ,� !��,. Kluct�ka askec�,;�bout the cost of maintaining the proposed cul-de-sac. Oliver noted that the prop�sed ��eet is approximately 175 feet in length and the total impact of increased maintena��e;"will be minimal and will be part of the City's general operating fund. He explained that the developer will be responsible for paying for the installation of the pond however the City will maintain it using stormwater fees that everyone pays because additional properties will drain to the pond, not just the properties in this development. Kluchka asked how property taxes will be affected by this proposal. Grimes said the property values in the area may change slightly. He assumes that each proposed new property would pay approximately $5,000 in taxes which is a benefit to the City, but isn't really a consideration of approval of this proposal. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 10 Kluchka asked about this proposal setting a precedent and asked if this type of proposal has been done before. Grimes explained that there have been many proposals similar to this throughout the City. Kluchka asked if people would be allowed to go on the property because it is a PUD. Knaeble said typically homeowners are not insured to have neighbors watking on their property. Kluchka asked if the PUD process allows for design controls. Grimes sai�c�� City doesn't have ordinances regarding aesthetics. He noted that the applicant is e senti�l��sking for sing le fami ly homes in a sing le fami ly neig h bor hoo d wi t h s o m e s e t b a c k�;v a r i a t i o n�� , �'a 3i Waldhauser added that the City has not wanted to restrict the de��gn of�t�uses a�tr��d any lot can be sold and bought by someone else who then builds a��a�w hox,�e on it ,4�' .5 Grimes referred to the question regarding traffic. He stated th�#the��ve pr {��sed homes __, will create approximately 50 to 60 extra trips per day T��re is �paci��:� �the system to handle that amount of traffic. '��k ;a �� 3$$ Y$[ �$� £ '�F��(S��)#Y�k,�j �5t7&�at� �,.. Grimes referred to the question regarding street�l�ghting �bki�uer st�ted that the necessity of street lights will probably be decided at a � aff��vel. Grir�es noted that there are ordinances regarding street lighting in sir�g�� a�tnily��;e�iden��l neighborhoods. � ��r�.:,� ;: Grimes asked Oliver if the wetland st�dy IQOI�S a�"`s�e��es ofi animals. Oliver stated that wetland delineation does not lool��i�to aF�ima�,�pecies. He said to his know1edge there are no protected species in Golden ��Iley v�#h the�exception of peregrine falcons at the Colonnade building. �,; �`�' � _ �� , � � �� Waldhauser asked abouf i�e�uir�� the de�veloper to create a 3D model of the proposal. Kisch said he would��ecomtrY4�§i�that the developer show sectional cuts rather than a 3D model. Waldhauser��! tha ��e developer is proposing two-story homes which are fairly standard a�n;d w��t riio�s'��h�r�eowners want. `��p.�.. '� +`,� . ,�,�,. }�r�=� Oliver refer�'e� to th'�.�cor��ern regarding construction noise and stated that the City's noise or�ina'r�ce�°�llow�,co�istruction from 7 am to 10 pm. � -0��, €{'1j x g�,# Ki� h askeci� o��-�he issue of marketing and real estate signs. Grimes explained that eac�1''r�evelop��nt�is allowed a certain square footage of signage and that the developer would��e to�pllow the City's sign ordinance. ,��;�� Kluchka asked if there will be any tax subsidies for this project. Grimes said no. Segelbaum asked about limiting construction fencing. Oliver said there will be tree preservation fencing, fencing around areas to be protected and silt fencing around the site but that he has never seen chain link fencing around an entire building site. Kluchka asked about low-impact development. Grimes said that the proposed homes will meet today's energy standards. Also the developer is doing a good job regarding low- Minutes of the Golden Valley Planning Commission February 13, 2012 Page 11 impact development by trying to minimize impact to the slopes and sensitive areas. Cera added that clustering the homes and having less setback area and smaller lots as proposed is also moving in the direction of low-impact development. Waldhauser asked if the time period for review can be changed as requested by a resident. Grimes explained that there are four public hearings required for this proposal, two for the preliminary plan and two for the final plan. He added that cities are required by state statute to review proposals within a 60-day time period. Kluchka asked if neighbors have until April 20 to make comments. Grimes explained that the City's fQ��y review period requires a decision within 60- days, not comments. He sta#ed tha�t sta ��s worked �, with the developer to come up with plans that they believe meets tlle C�t 's ordin�nces. ,<, �_ _, �'�;�` �� 3: Waldhauser said she understands the neighbor's concerns an��°gree g��haf��s�� fabulous neighborhood. She said she also realized that indiv;i��ua��pr��erty o�nir��rs can do what they want with their property within the rules and she d��sn'�� #�nk th��ity has the ability to control that. She said she thinks it could be a ��ely d�vel p��i°��and not the imposition people are thinking. She said she is leanir�� to`vv�r�lz r��omm�nding approval of the proposal subject to the conditions listed in the:staff'i��orts:`�=� � Cera said he is concerned about the propo��d re��ining wa��s and grinder pumps and he would like to see some visuals for what tt��tE�gEneer i��ecommending in regard to the grading�. � �� ' ��;�° t �3A' �� i� �,, ;� �_ }��ei��}�3 i �` &��` °�� $ Kisch suggested possibly adding��r��re��st°�i�t�ve language regarding tree preservation as a condition of approval since thi�b��s a Pl��. He��aid he feels that allowing 25-foot front yard setbacks will save mor��t��;�s� ��ie is a little�hesitant to reduce the side yard setback requirements. He��gree°t��th�ti�this development is moving in the right direction for a low-impact developmenfi��d ��think��#wilf be a positive development for the neighborhood. He said he wauld'feel fine recommending approval and working out the , ,,� rest of the details du�-ir��he fmal��lan review. � ;� <� :�,, _ �,� , McCarty said he��rees��h'at the�residents brought up good points especially the natural layout of th�,l�nd }��;ag�`�ed that new families will revitalize the neighborhood and private residen�c�s�ir�,��r��l��qn��are a positive thing. He said he is concerned about the setbacks`��?d Fi�doesn�think a lot of trees will be lost if the homes were pushed back furt�er on f�ii��lof��ie said he doesn't like the proposed 10-foot side yard setbacks and he tFiinks the ti�ilder can still build houses on the lots using the correct setbacks. ,; �, , Kluchka s�id�iis biggest negative finding is the smaller side yard setbacks. He can see pros and cons for smaller front setbacks. He said he is inclined to support the proposal without setback variances because ponding and groundwater management are being added to the site. Segelbaum said he is concerned about the proposed front yard setbacks and that seeing garage after garage will have a tunneling affect. He said side and front setbacks work together and it will be up to the individual homeowners where the house is placed on the lots but the goal seems to be that with smaller setbacks they can build bigger houses. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 12 McCarty added that requiring 10 more feet of front setback area isn't going to make the lots unbuildable. Cera reiterated that the whole principle of low-impact development is the smaller setbacks and the clustering of homes. He said he is worried that if the front yard setbacks aren't reduced the homes behind the proposed new homes would be destroyed. McCarty said he feels 25-foot front yard and 10-foot side yard setbacks are too close. Cera noted that if the houses were pushed back to meet the 35-foot front setback requirement most of the trees will be gone, the site will be leveled and the applicant will build six� ��u��s. Grimes said he would like to save as many trees as possible and he would fee#,�ore ��mfortable seeing a plan that shows what pushing the houses further back on¢,�h��l�a�s woulc��do to the slope and the trees. ��r�� '�; �� ,.rr ��z ��£ ��;, }� � �.`,F«9 Kluchka suggested tabling the request in order to receive mb�e�ira�o��ation an� to have more of the concerns addressed. � ��; °��# ; =��` :�, _ , ;: Curt Fretham, applicant, said they are not trying to b� dis�e�p�ci#�I an��he understands that neighbors don't like change but they have giv�h u��alot v�ith��iis proposal and they are hopeful to get a yes or no vote from the Plan�ring Comi�ission�and a decision from the Council rather than change their plans two Qrithre� more tir��s. � � � ;,: Schmidgall said he doesn't think the sitexis viak�le as i�e�ists currently and he feels the � � design is driven to save the woodland,a�e� a�d the>p�a�d will be a nice amenity. zi � �°` �� <, �;, MOVED by Schmidgall second�d�by W�►Idhauser to recommend approval of the PUD request as submitted subjez��Q�the��Ql.lowing conditions: � �� ;� ��`�, ,��' �`� 1. The recommendations��d r, ��uirerii�r�ts outlined in the memo from Deputy Fire Marshal Ed And �son to �� Grimes, Director of Planning and Development dated December 28, 2�� '�� all ��COme part of this approval. 2. The recomr�enda��ns��l��e�uirements outlined in the memo from City Engineer Jeff Oliver, PE, ta��l�l�ark��i�nes, 1�irector of Planning and Development, dated February 8, 2012, �� bec�,�e a��art of this approval. �� _ 3. All si�ns��On�t�e��ty must meet the requirements of the City's Sign Code. 4. The P��li r r�ri�ary PU� Design Plan packet for Eldridge 3�d Addition PUD No. 109 =�srepare�C��r��xaKare Companies LLC by Terra Engineering, Inc., Sheets 1-10 shall b��ome a ��rt df�this approval subject to amendments required by the City Engineer ��, as r��#ed ir�,�iis memo to Mark Grimes dated February 8, 2012. 5. The fii'�e�lbts within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 ft. as stipulated in the zoning code. However, the side setback noted on the plan shall not increase with the increase of house height. 6. The proposed Eldridge 3`d Addition PUD No. 109 is consistent with the Intent and Purpose provision and other PUD requirements and principles and standards adhered to by the City. Minutes of the Golden Valley Planning Commission February 13, 2012 Page 13 7. If the developer would like to construct a model home and have public access to it prior to completion of the street, it must be done in a manner approved by the Building Official and Director of Inspections. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Kisch amended the motion to include further study regarding maintaining the front yard setbacks at 35 feet, maintaining the side yard setbacks at 12.5 feet and exploring how much control the City can have over increasing the tree preservation on ��p�operty. faE Schmidgall and Waldhauser accepted this amendment to the motion. �'�e mo��bn carried 5 to 2 to recommend approval of the PUD with the above noted cot�di�io�s and fi��her study. Cera and Kluchka voted no. ��'� ��y ` t3 x ai,= •3' fi �`; � --Short Recess-- �� ` 1E, { ,�.'�� _��' �� ,.�. ,;�� Reports on Me tings of the Housing and Red, velopr�ent�i��iority, City Council, Boar of Zoning Appeals and oth�r ��e��r�� '° y,�. t ��:. ,.fi�� No oth meetings we �:; discussed. ��' � �_ _�� P gj� � �} � ;� � ��> 4. Othe usines` �`#� � � < t: ,�,; £ No other business a � discussed�`� ` �� 5. Adjournment � � =��f ��` �i The meeting was dj urr��°a 1��,40'�m. ' n s� �3�,, �. T �. � —�ix 4� '3 i�� . §�� :F ��r�, 3��< <. �� `5 , �.t. 3 p� ��S�F t " � � �} r$• David A:° ��era;��ecre��F�ji �� ' ��. ��, _ �$��, ,��, �� i �; �� , z ��_ � ��;s �, h�� C2t� 4f C1�C��YI 1�1EM {�► RANDl1 �l� � . �t�. �� Plar�ung Department 763-593-8095/763-593-8109(fax) Date: February 9, 2012 To: Golden Valley Planning Commission From: Mark Grimes, Director of Planning and Development Subject: Preliminary PUD Plan–Eldridge 3rd Addition, PUD No. 109–(Triton Ave. north of Perry Ave. N.) —A. Kare Companies, LLC,Applicant BACKGROUND Late (ast year, A. Kare Companies acquired the property at 4900 Triton Dr.The property is approximately 2.2 acres in area.The property currently has one vacant single-family home on it that was constructed in the late 1940s. The property consists of six lots. Four of the lots make up the north portion of the property. These lots did have fron#age on Lowry Terrace prior to the vacation of Lowry Terrace.Two of the lots are along Triton Dr.These lots are the primary location of the existing home and u-shaped driveway serving the house from Triton Dr. The applicant would like to tear down the existing home and develop a five lot Planned Unit Development (PUD)for the construction of five single family homes. The property is designated on the General Land Use Plan map for low density residential development (five units or less per acre). The property is zoned R-1 single-family which allows sin�le family lots with a minimum lot size of 10,000 sq.ft. This area of Golden Valley is primarily single family homes.The houses in the surrounding neighborhood were mostly constructed in the 1950s and 1960s. The 2.2 acre site is surrounded on all sides by single family homes as indicated on the attached map.There are two homes that face Triton Dr.that are east and west of the existing house to be removed. The other homes surrounding the site are on Orchard Ave. N., Quail Ave. N. and Lowry Terrace. A total of 10 homes fully or partially border the site.There are two homes that are across Triton Dr. from the property. Staff has walked the site and suggests that the Planning Commission also take the opportunity of limited snow cover to visit. There are a number of specimen and significant trees on the site, especially on the north end. It is the intention of both the developer and the City to maintain as many of these trees as possible on the site. The trees enhance the proposed lots and the entire neighborhood. The site also has a fairly steep drop-off from south to north.The property elevation at the south end of the site is about 890 feet.The elevation of the site at the north end is about 860 ft. or a 30 ft. difference in elevation. DESCRIPTION OF PROPOSAL The developer is proposing to create a PUD that would consist of five single family lots served by a cul-de-sac. The cul-de-sac street would be a public street and be constructed to City standards.The five lots would all exceed the minimum lot size requirement of 10,000 sq. ft, ln fact, the three north lots average about 20,000 sq. ft. in area. The two south lots are 10,600 sq.ft. and 11,200 sq. ft. in area.There is also proposed to be Outlot A just east of the street.The outlot would have a three foot high boulder retaining wall that is required due to the elevation of the street chosen by the developer. (The retaining wall may go away or be reduced if the elevation of the street is changed as per the City Engineer recommendation.)This outlot is proposed to be owned by the developer but maintained by the owner of Lot 5.The City does not want to maintain the outlot or wall so that is why it will be made the responsibility of the owner of Lot 5. If the property at 4824 Triton Dr. would like to develop the rear portion of that lot in the future,the owner of Outlot A can sell it to the owner of 4824 Triton in order to gain access to the cul-de-sac and provide additional square footage to make a second lot large enough to meet zoning code standards (10,000 sq. ft.). As indicated in the attached memo from City Engineer Jeff Oliver, PE, he is recommending approval of this approach to development with the conditions listed in his memo.The most significant deviation from the developer's approach and the approach recommended by Mr. Oliver is that the elevation of the cul-de-sac be raised to eliminate the need for the retaining wall on Outlot A. By raising the cul-de-sac,there may be the need for retaining walls in the rear yards of the north three lots. However, the need for retaining walls would be based on the future homeowner's home style choice (walkout, lookout, full basement, etc.). The recommendatian is also for the custom grading of each of the lots at the time of home construction. This will allow for the homeowner to make the decision about saving trees relative to house design. With the use of custom grading, there is the possibility of saving more trees. Also,the increased elevation will probably eliminate the need for grinder pumps on the lower level of the three north homes. The plumbing code strongly discourages the use of grinder pumps and suggests looking for ways to eliminate their need. The memo of the City Engineer outlines other concerns that must be addressed including grading, storm water management, utility plans, and tree preservation.The recommendations of the City Engineer will become a part of the Planning staff's recommendation. The five lots all exceed the minimum area requirement of 10,000 sq. ft. As part of the PUD, the developer is asking for reductions from the R-1 setback and lot width standards. The lots do not meet the lot width requirement at the front setback line (80 ft.), the 35 ft.front setback from the right-of-way line and the side setback requirement of 12.5 ft.The developer is proposing to allow the lots to all have a ten ft. side yard setback (with no increase in setback for building height over 15 ft.) and a front yard setback of 25 ft.The height of the houses could not exceed 28 ft. as permitted by the zoning code for the R-1 zoning district. Construction could occur anywhere within the setback area shown on the site plan. These lots will all be controlled by the builder/developer A. Kare Companies LLC.The intent is for the lots to be sold by the builder as a package. JUSTIFICATION FOR CONSIDERATION AS A PUD The zoning code states in Section 11.55 that the PUD process is an optional method of regulating land use to permit flexibility in uses allowed, setbacks, height, parking requirements, and number of buildings on a lot. In the case of the subject PUD application,the City staff has determined that it qualifies as a PUD and all necessary information has been submitted for review to City staff. The staff has reviewed the 12 purpose statements of the PUD section and believes that this proposal consistent with them. In particular,this proposal will encourage the preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways wetlands and lakes.The developer could have proposed additional lots beyond the five proposed that may have met the minimum requirements of the zoning code but would have required the removal of more trees, mass grading of almost the entire 2.2 acres and harm to steep slopes. The moving of the lots as far to the south as possible will help to minimize specimen tree removal and minimize grading on the entire site. As part of the PUD,the developer has proposed five lots that would not qualify as lots under the R- 1 zoning district. Therefore, the developer has chosen to use the PUD process which allows for alternative methods of land development. In this case,the lots will have a 25 ft. front yard setback, a 10 ft. side yard setback that would not increase with height and lot width less than 80 ft. at the front set back line. The maximum height of houses would be 28 ft., the same as in the R-1 zoning district.The cul-de-sac meets City standards for streets in terms of size and width. (The lot at the corner of the cul-de-sac and Triton Dr. would be setback 35 ft. from Triton Dr.) RECOMMENDATION The role of the Planning Commission as part of the PUD process is to determine if the proposal is consistent with the Intent and Purpose provisions of the PUD chapter and if the proposal meets the general development principles and standards adhered to by the City.The staff does believe that the development of this property by a PUD is the appropriate method for the development of this property. The proposed five lot PUD development reduces tree loss and minimizes grading when compared to a more standard development practices. In this PUD development,the changes from standard zoning are minimal. Each of the�ve lots exceeds the minimum lot size in the R-1 zoning district. In order to achieve the more compact development scheme,the lots have to be "pushed"to the south which reduces the width of the lots. In order to accommodate the reduced width, the developer is proposing a reduced front setback to 25 ft. (standard is 35 ft.) and side setback to 10 ft. (standard is 12.5 ft.). The developer is also proposing that the side setback not be increased as the height of the house increases up to the maximum height of 28 ft. The street that is to be constructed meets City standards.The development will also be subject to all other City requirements such as storm water management, ponding, and tree preservation. Since this is a PUD,the developer will enter into a PUD agreement afong with a development agreement for the construction of the street and other public improvements. Staff is recommending approval of the proposed Preliminary PUD request subject to the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver, PE,to Mark Grimes, Director of Planning and Development, dated February 8, 2012, shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Preliminary PUD Design Plan packet for Eldridge 3�d Addition PUD No. 109 prepared for A. Kare Companies LLC by Terra Engineering, Inc., Sheets 1-10 shall become a part of this approval subject to amendments required by the City Engineer as noted in his memo to Mark Grimes dated February 8, 2012. 5. The five lots within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 ft. as stipulated in the zoning code. However, the side setback noted on the plan shall not increase with the increase of house height. 6. The proposed Eldridge 3`d Addition PUD No. 109 is consistent with the Intent and Purpose provision and other PUD requirements and principles and standards adhered to by the City. 7. If the developer would like to construct a model home and have public access to it prior to completion of the street, it must be done in a manner approved by the Building Official and Director of Inspections. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. ATTACHMENTS Location Map (1 page) Project Narrative dated December 23, 2012 (5 pages) Memo from City Engineer Jeff Oliver dated February 8, 2012 (7 pages) Memo from Deputy Fire Marshal dated December 28, 2011 (1 page) City Code, Section 11.55: Planned Unit Development (16 pages) Preliminary PUD Plans dated December 22, 2011, revised January 18, 2012 (11 oversized pages) Terra ��,�. �� December 23,2011 Mark Grimes Director of Planning City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Re: PUD PROJECT NARRATIVE Fretham 13th Addition PUD 4900 Triton Drive,Golden Valley, MN TE#11-110 Dear Mark: On December 20, 2011,we had a Pre-Application Conference with the City staff to discuss our proposed Fretham 13`h Addition Planned Unit Developrnent(PUD). Based on input from City staff we have prepared our Preliminary PUD Design Plan (Sheets 1-10, dated 12/22/11)and this Proiect Narrative for your review and approval. EXISTING CONDITIONS: The site is located at 4900 Triton Drive in the northeast area of Golden Valley. The site currently has one older home(built in 1947)on the property that is proposed to be removed. The existing home has numerous structural and mechanical deficiencies, and was deemed not worth saving. The site is 2.204 acres and has the existing home and lawn area on the front side(south); and is sloped and wooded on the rear side(north). The property is currently zoned R-1 Single Family Residential and is surrounded by existing homes and property that are also zoned R-1 Single Family ResidentiaL The existing home is currently connected to City sewer and water, and fronts on Triton Drive that has existing public sanitary sewer and watermains. Per City requirements,we have had a tree survey prepared and located all"significant"and "specimen"trees on the property. As noted,the majority of the existing trees are on the north portion of the property. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra Engtnerring,Uc. land P��cor�,ltirg The site is relatively level on the south part of the property. The north portion of the site slopes northward to a small depression along the north property line. We have hired a wetland consultant to review the site and he has determined that there are no wetlands on the property. This was confirmed by the City's wetland consultant. PROPOSED PROJECT: As shown in the plans,this site could accommodate a traditional six lot conforming plat. This conforming plat would meet all City zoning and subdivision requirements, including lot size, . setbacks and lot widths. But this six lot conforming plat would also require grading over 93% of the site and removing over 90%of the existing trees. The conforming plat would also have a relatively high imperious coverage of over 31%. Given the intense grading requirements, we are proposing a less dense, compact development for only five single family lots. Our development proposal is to subdivide the property into five single family lots that would be served by a new public cul-de-sac. All five lots would exceed the R-1 Residential Zoning standards for lot size(minimum 10,000 s fl. All lots would be large enough to accommodate moderately sized one level and two story detached single family homes. This project would be less dense,yet more compact,than the traditional conforming plat. As shown in the plans,this PUD would require a smaller front setback(25' vs. 35' standard); and smaller internal side setbacks(10' vs. 12.5' standard). The PUD would also require a smaller lot width as measured at the front setback line(40' vs. 80'). These are the only changes for our PUD from a traditional conforming residential plat. But these few changes allow a significantly more compact and less dense development. There are major grading and tree removal advantages for our PUD plan vs.the six lot conforming plat. The proposed PUD plan would require approximately 1.16 acres of site grading and the conforming plat would require 2.07 acres of site grading(a 44%reduction of graded area). Our proposed PUD project would also require 28 of the site's trees to be removed and the conforming plat would require approximately 55 trees to be removed(a 49%reduction in tree removal). We are proposing five custom designed and built homes for this project. Each home will have three to five bedrooms, and will have either a two or three car attached garage. The final home price will depend on the home's size, amenities and design. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terra ��,�. �� .�� PUD PURPOSE AND INTENT: The City of Golden Valley's PUD Ordinance lists eleven typical project standards to help identify the intent and purpose of a proposed planned unit development. The following section will address each of these eleven design standards as they relate to this proposed single family residential development. 1. Encourage,preserve and improve the heatth,safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. Today's land planning design standards encourage the use of more compact developments that decrease the project footprint on a site and save more natural areas of the property. This proposed development is designed to accommodate five new single family homes on typical City sized lots but does so on a smaller portion of the total property. 2. Achieve a high quality of site planning,design,landscaping,and building materials which are compatible with the existing and ptanned land uses. This project will be a high quality development. The public amenities(streets and utilities)wili all be designed to City standards and will be publicly owned and maintained. T'he houses will all be custom designed and built with yuality materials to exceed today's new energy efficient standards. 3. Encourage preservation and protection of desirable site characteristics and open space,and protection of sensitive environmental features including steep slopes, trees,scenic views,water ways,wetlands and lakes. Our proposed development is designed to preserve as many of the existing significant and specimen trees on the site as possible. Compared to a standard residential developrnent,this project will save approximately 27 more significant and specimen trees. 4. Encourage construction of affordable housing and a variety of housing types. Since the homes in this project will be custom designed,they will be able to accommodate a variety of potential single family housing types. From one level homes for empty nesters,to two story houses for growing families,there is the ability to meet the needs of a variety of new home customers. 6001 Glenwood Avenue,Minneapolis,Minnesota 55422 763-593-9325 Terra Engtneer�ng,u�c. �� 5. Encourage creativity and flezibility in land development. Again,due to the compact nature of this proposed development,we can achieve the flexibility to save important site amenities such as the significant and specimen trees on this property. 6. Encourage efficient and effective use of land,open space,streets,utilities and other public facilities. Compared to the alternate conventional six lot development that could be accommodated on this site,our project is a much more effective and efficient use of the land. We will save many more of the existing trees, and have shorter public streets and utility lines. This more compact development will be less expensive for the City to maintain during the life of the public improvements. 7. Allow mi�ing land uses and assembly and development of land to form larger parcels. This project did not require the assembly of land to form into a larger development parcel. The 2.20 acre site is large enough to accommodate our proposed five lot development. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. T'he project site is surrounded by existing single family homes with R-1 Single Family Residential Zoning. Since this proposed development is also a single family project, it is compatible with all of the adjacent and nearby land uses. 9. Achieve development consistent wit6 the Comprehensive Ptan. The City of Golden Valley's Comprehensive Plan calls for this neighborhood to remain single family zoned with detached single family homes. Our proposed development is consistent with the Comprehensive Plan's requirement for single family homes on this propercy. 10.Achieve development consistent with the City's redevelopment plans and goals. The City's current redevelopment plans and goals emphasize the need for compatibility with existing neighborhoods, and also the need for a variety of residential housing types and styles. This project will be consistent with the existing surrounding single family residential neighborhood but will offer the opportunity for five families to build new homes that suits their particular requirements. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Terr�a En�nearing,tnc. �� 11.Encourage development that is sustainable and has a high degree of energy efficiency. All of the five new homes in this development will be designed to meet or exceed the current State home building energy standards. T'he homes will be energy efficient, and depending on the homeowners needs, may be built with a wide variety of energy and cost saving systems. The compact nature of the development will also mean more efficient private yard,and public street and utility maintenance. Based on the above information,we believe that this project will be an asset to not only the immediate neighborhood,but also to the entire City of Golden Valley. It will provide the opportunity for five new families to call Golden Valley their home. We respectfully request review and approval of this single family residential PUD development by the City staff, Planning Commission and City Council. If you have any questions, please call me at 763-593-9325, or email me at PeterKnaeble@gmail.com. Sincerely, �e.�i �, ��t�el� Peter J. Knaeble,PE Terra Engineering,Inc. CC: Curt Fretham, Lakewest Development Co.LLC Rob Eldridge, Ridge Creek Custom Homes 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 ci�yof� ��e�t � � � . �a,. �� Public Works Department 763-593-8030/763 593-3988(fax) Date: February 9, 2012 To: Mark Grimes, Director of Planning and Development From: leff Oliver, PE, City Engineer Subject: Preliminary Design Plan Review for Eldridge 3�d Addition PUD #109 Preliminary plans for a Planned Unit Development (PUD),to be named Eldridge 3rd Addition, have been submitted for review by A. KARE Companies. The proposed PUD is located north of Triton Drive, west of Orchard Avenue, south of Lowry Terrace and east of Quail Avenue. This review will focus on the concept of the PUD, with detailed review of final plans performed at the time of final PUD consideration. Site Ptan and Preliminarv Plat: The property included within the proposed PUD was originally platted as Woodlawn Park in 1947. The original plat inciuded 30-foot wide street right-of-way for Lowry Terrace across the northern boundary. This right-of-way was subsequently vacated by the City and incorporated into the lots within Woodlawn. The vacation of the right-of-way did not include the dedication of drainage and utility easements over the vacated right-of-way. The Woodlawn Park plat did include a platted drainage and utility easement centered on the north line of Lots 6 and 7. Because this easement will be within the new proposed lots, it must be vacated as part of the PUD process. The developer will be required to apply for the easement vacation following preliminary PUD approval and the vacation process must occur concurrently with the final plat. The proposed preliminary plat includes drainage and utility easements that are consistent with the Subdivision Ordinance requirements. The City reserves the right to require larger or additional drainage and utility easements on the final plat based upon the final plans for the development. G:\Developments-Private\Eldridge 3rd Add PUD1PrePUDReview 020812.docx The developer submitted a plan titled "6 Lot Conforming Plan" as part of the PUD submittal.The intent of this plan is to demonstrate the number of lots and impacts that would occur if the property were developed without a PUD. While the intent of this plan is accurate, it should be viewed with caution due to the nature of the property being considered for redevelopment. The extent of the slopes within this property raise concerns about buildability as shown on this plan, including concerns relating to sanitary sewer service and stormwater management. The proposed preliminary plat includes a 50-foot wide street right-of-way and a 35-foot radius cul-de-sac. The proposed street within this right-of-way is a 26-foot wide roadway and a 30-foot radius cul-de-sac. The 50-foot right-of-way width is the minimum allowed for a residential street in the Subdivision Ordinance and is acceptable as proposed.The proposed cul-de-sac right-of-way and street width is consistent with many other cul-de-sacs within the community and is acceptable as proposed. The Fire Department has reviewed the proposed street and cul-de-sac dimensions and has indicated that the layout is acceptable as proposed. The proposed street within the PUD will be a City roadway foilvwing development. The street, and the sanitary sewer, watermain and storm sewer improvements will be constructed as a public improvement project with the developer responsible for all construction and indirect costs for the improvements.The details relating to the public improvement project will be determined as part of the final PUD. The preliminary plat includes an outlot on the east side of the street right-of-way immediately adjacent to the existing home at 4824 Triton Drive.This outlot will be owned by the developer with the intent of incorporating the outlot into a potential redevelopment of 4824 Triton in the future. The developer has proposed that the future property owner of Lot 5 will be responsible for maintenance of the outlot, including the proposed retaining wall,via a maintenance agreement that will be executed as part of the purchase of Lot 5. The developer will be required to enter into a development agreement with the City for this PUD. This development agreement will outline the developer's responsibilities for improvements and costs associated with the development, and will be part of final PUD approval. Preliminary Gradin� Plan: . The proposed PUD is within the Main Stem sub-watershed of the Bassett Creek Watershed and is therefore subject to review and comment by the Bassett Creek Watershed Management Commission (BCWMC). The BCWMC's Requirements for Improvements and Development Proposals outlines that this development must provide nutrient and sediment removal for the stormwater runoff from this site. The required water quality treatment will be provided with ponding, which is located in the lowest portion of the property in the northwest corner of the site. Based upon the preliminary information provided by the developer's engineer, it appears that the ponding is appropriately sized to meet the BCWMC requirements for water quality and rate control. The final determination of stormwater ponding requirements will be part of the final PUD review. G:\Developments-Private\Eldridge 3rd Add PUDU'rePUDReview 020812.docx 2 It has been the City's experience that stormwater ponds constructed with residential developments are full of sediment following home construction. Because the City will be responsibfe for maintenance of the pond, including future dredging to maintain the water quality volume, the developer will be required to dredge the pond to its designed wet volume following home construction and prior to the pond being turned over to the City. Details regarding this requirement will be finalized as part of the final PUD and development agreement. As proposed,future maintenance of the stormwater pond will be difficult for the City. Access for heavy equipment and trucks from within the development would be via the easement between Lots 4 and 5. This 20-foot wide easement is on a steep slope that will be difficult for loaded trucks to drive up, particularly during the winter when the ground is frozen and pond dredging projects typically occur. Alternatively, access is also available from Lowry Terrace utilizing an existing easement between 4845 and 4935 Lowry Terrace. There is an existing storm sewer within the easement, as well as mature trees, sheds and power poles. As noted, some of these items are unauthorized and will need to be removed by the property owners so that the City can gain access to�the pond in the future. The proposed stormwater pond must include vegetated buffer strip above the normal water level. This buffer strip should extend to the northern property line.The ex#ent of the buffer strip for the rest of this pond will be determined as part of the final PUD review. The proposed PUD plans include the installation of storm sewer at the end of the cul-de-sac within the site to convey stormwater runoff from the majority of the site to the proposed pond. Based upon the grade and drainage patterns on Triton Drive, staff has determined that the proposed storm sewer must be extended southward to coilect runoff from Triton Drive at the new intersection. This storm sewer extension must be shown on the final PUD plans. The final grading plan must include an emergency overflow swale between Lots 4 and.5. The emergency overflow elevation must be no more than one foot above the top of curb at the catch basin, and must be labeled on the grading plan. The Preliminary Grading Plan submitted as part of the PUD includes grading of approximately 1.16 acres of the 2.20-acre site at the time of street and utility construction. The submitted plan includes lowering of existing site elevation approximately 6.5 feet at the center of the cul-de-sac. The currently proposed lowering of the cul-de-sac also allows the developer to provide building pads to accommodate walkout basements on several of the lots. However,the proposed site lowering also results in the need for a retaining wall within the outlot east of the new street and results in removal of 43.1%of the significant trees existing on site as discussed later within this review. In addition, the lowering of the building pads also results in the need for grinder pumps in the basements of the future homes on Lots 3, 4 and 5 in order provide sanitary sewer service to the lower levels of these homes. G:\Developments-PrivatelEklridge 3rd Add PUD�PrePUDReview 020812.docx 3 The City of Golden Valley Planned Unit Development Ordinance (Section 11.55. Planned Unit DevelopmentJ, Subdivision 1. Intent and Purpose, Item A.3, states: Subdivision 1. Intent and Purpose. lt is the intent of this Section to provide an optional method of regulating land use which permits flexibility from the other provisions of Chapters 11 and 12 of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot and similar regulations. A. The purpose of this Section is to: 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees scenic views, waterways, wetlands and lakes. Based upon this portion of City Code, it appears that modifications to the proposed Preliminary Grading Plan may be appropriate to meet the intent of the ordinance. An approach that limits the initial grading on site to the minimum needed to construct the street, utilities and stormwater management facilities required for the development, and provides for "custom grading" of lots and building pads at the time of home construction, should be cansidered. Other points to be consider,ed with this alternate grading philosophy include: 1. Raising the elevation of the cul-de-sac may eliminate the need for the retaining wall on the eastern plat boundary. 2. The potential increase in house pad elevation may result in the need for retaining walls in the back yards of the new homes. The need for lot specific retaining walls will be determined based upon homeowner decisions regarding home style (look out, full basement, walkout) and the desired amount of"level" area in the back yard of their new home. 3. The custom grading of each lot at the time of home construction will altow purchasers of the lots and homes to make decisions on the home style and design to potentially save trees that may have been removed with overall site grading. 4. The increased elevation of homes may eliminate the need for grinder pumps in the lower levels of the new homes. The development of this site is subject to the City's Stormwater Management Ordinance. A permit will be required for the initial site grading and utility installation, and for each home if the custom grading approach is utilized. The grading plan for the final PUD submittal must be prepared in accordance with City standards and include the location of all temporary and permanent erosion and sediment control measures. G:\Developments-Private\Eldridge 3rd Add PUD1PrePUDReview 020812.docx 4 Preliminarv Utilitv Plan: Sanitary sewer and water service to the proposed PUD will be provided via extension of existing facilities in Triton Drive. There is adequate capacity in the existing system to accommodate the anticipated demand from the PUD. The proposed sanitary sewer and water system will be owned and maintained by the City following construction. As discussed earlier in this review,the installation of utilities to serve this site will be included in a public improvement project. The existing sanitary sewer and water services to the home currently on site will be removed as part of the public improvements for the PUD.The developer will also be required to install a sanitary sewer and water service to accommodate potential future development of the property at 4824 Triton Drive. The location of these services on the Preliminary Utility Plan are acce�table as shown. As previously discussed,the plans submitted for review do not allow for gravity sanitary sewer service for the lower levels of Lots 3, 4 and 5. The developer has proposed the installation of grinder pumps in these homes to provide lower level sanitary sewer service. While building codes allow for pumped sanitary sewer service,the installation of pumps should only be incorporated if there are no alternatives to providing gravity services. As discussed in the Preliminary Grading Plan portion of this review,there are development alternatives available that may allow gravity sewer service to all the homes within the PUD. There is an existing overhead power line crossing the north end of the site within the vacated right-of-way for Lowry Terrace discussed earlier in this report.This power line is located immediately above the proposed stormwater pond, creating hazardous conditions for future maintenance efforts.Therefore,the developer must relocate this power line, and all other utilities located on the power poles,to be underground within thP drainage and utility easement on the nort� plat boundary or within the street right-of-way of Lowry Terrace. While the developer will not be responsible for the conversion of the power services to the lots to the north to underground, coordination with the property owners regarding the potential burial of these services, locations of poles if left overhead, and the locations of any facilities within the City's easement, will be the developer's responsibility. These issues must be addressed prior to submittal of plans for the final PUD. Tree Preservation: This PUD will be subject to the City of Golden Valley Tree Preservation Ordinance. As part of the permitting requirements,the developer has inventoried all of the trees on site. The inventory and plan, which has been reviewed by City Forestry staff, includes a total of 65 significant and specimen trees. Based upon the plans submitted for review, and the grading of the site as previously discussed, a total of 28 (43.1%) of the significant and specimen trees on site will be removed and 37 (57.9%) of the trees will be preserved. G:\Developments-PrivatelEldridge 3rd Add PUD�PrePUDReview 020812.docx 5 Based upon a preliminary review,the Tree Preservation Ordinance allows up to 40%of the significant and specimen trees on site to be removed. Based upon the proposed removals, the developer must mitigate for two (2)trees on site. Final determination of removals and mitigation will be part of the final PUD approval process. Based upon the intent of the PUD Ordinance discussed earlier in this review, and the Tree Preservation Ordinance,the implementation of two-phase grading and tree preservation permitting will be beneficial for this PUD. As discuss above, the two-phase grading would include raising the site to minimize the extent of grading on site and allow future homeowners to make decisions regarding tree removal and home design as they deem appropriate. While the end result of this approach may be that the same number of trees is removed following home construction,there is a potential that additional trees can be preserved through informed decision making and home design. The two-phase grading approach will include a requirement for a tree preservation permit at the time of site grading for public improvements, and separate tree preservation permits for each lot at the time of home construction. Summarv and Recommendations: Based upon a review of the materials submitted by the developer and appropriate City ordinances and standards, Public Works staff recommends approval of the preliminary design plan for Eldridge 3`d Addition, PUD#109, subject to the following comments and conditions. 1. All existing platted easements from the Woodlawn Park plat within the boundaries of the PUD be vacated prior to approval of the final plat. 2. A development agreement be included as part of the final PUD approval. This agreement must outline the public improvements and associated cost responsibilities, as well as other requirements placed upon the developer as part of the PUD permit. 3. A maintenance agreement be recorded against Lot 5 that outlines the future homeowners responsibility to maintain the turf and retaining wall within the outlot on the eastern subdivision boundary. 4. Subject to the review and comments of the Bassett Creek Watershed Management Commission. 5. The developer will be required to dredge the stormwater pond to its designed contours following home construction and prior to final acceptance of the pond by the City. G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 6 6. The final grading plan must be prepared in accordance with City standards and specifications and must inctude an emergency overflow swale on the lot line between Lots 4 and 5 as discussed within this review. 7. The developer modify the grading plan to minimize grading and tree removal on site to #he extent possible by incorporating two-phased grading as discussed within this review. 8. The developer must place the existing overhead utilities located near the north subdivision boundary below ground as discussed within this review. 9. Subject to the review and comments of the City Attorney, City Planner, Chief of Fire and Inspections and other City staff. Please call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Eric Eckman, Public Works Specialist AI Lundstrom, Parks Maintenance Supervisor and City Forester Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 7 . � �� . � 6.5 � �� Y x } � �� 1'�Gt�C►r�ndUt� ,� � �,�� € � � � ; � r �� Fire Department � � �:°� � �e � ��-" � � •° `�- 763-593-8065/763-593-80981fax) r ��' To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD Amendment Application • Date: December 28, 2011 I have reviewed the PUD Amendm�nt Application packet for PUD 109 Fretham 13t" addition located at 4900 Triton Avenue North. Listed below are the fire department comments for this proposed development. 1. The fire department access road to the proposed development shall be designed, constructed and maintained to support the imposed weight of the fire apparatus and shall be of an approved hard surface so as to provide all weather capabilities for the access road. 2. The approved surface for the fire department access road shall be installed prior to the issuing of the building permit for the construction of the proposed single family dwellings. 3. The fire department access road shall be wide enough to accommodate the fire apparatus and equipment. 4. The proposed fire hydrant indicated on the preliminary design plan shall be installed in accordance with city regulation and standards. The fire hydrant shall not be obstructed by any posts, fences, vehicles, trash storage, landscaping materials or objects, including electrical or cable transfer boxes or cabinets that would deter or hinder the fire department from gaining immediate access to the fire hydrant. 5. The address numbers for the proposed single family dwelling shall be installed in accordance with city of Golden Valley ordinance. If you have any questions, please contact me at 763-593-8065, or e-mail eandersonCa�yqoldenvalleymn.aov. § 11.55 Section 11.55: Planned Unit Development Subdivision 1. Intent and Purpose It is the intent of this Section to provide an optional method of regulating land use which permits flexibility from the other provisions of Chapters 11 and 12 of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot and similar regulations. A. The purpose of this section is to: 1. Encourage, preserve and improve the health, safety and general welfare of the peopie of the City by encouraging the use of contemporary land planning principles. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. 4. Encourage construction of affordable housing and a variety of housing types. 5. Encourage creativity and flexibility in land development. 6. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. 7. Allow mixing land uses and assembly and development of land to form larger parcels. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. 10. Achieve development consistent with the City's redevelopment plans and goals. 11. Encourage development that is sustainable and has a high degree of energy efficiency. � Golden Valley City Code Page 1 of 16 § 11.55 B. This Section applies to all Planned Unit Developments existing in the City on the date of its enactment and all subsequently enacted Planned Unit Developments. Subdivision 2. Applicability A. Optional Land Use Control. Planned Unit Development provisions provide an optional method of regulating land use which permits flexibility in the uses allowed and other regulating provisions including setbacks, height, parking requirements number of buildings on a lot and similar regulations provided the following requirements are met and the PUD plan complies with the other provisions of this and other Planned Unit Development sections. Approval of a Planned Unit Development and granting of a PUD agreement does not alter the existing zoning district classification of a parcel in any manner; however, once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD Plan, the Building Code, and with all other applicable City Code provisions. B. Uses. Once a Final PUD Plan is approved, the use or uses are limited to those approved by the specific approved PUD ordinance for the site and by the conditions, if any, imposed by the City in the approval process. C. Maintenance Preservation. All features and aspects of the Final PUD Plan and related documents including but not limited to buildings, setbacks, open space, preserved areas, landscaping, wetlands, buffers, grading, drainage, streets and parking, hard cover, signs and similar features shall be used, preserved and maintained as required in said PUD plans and documents. Subdivision 3. Standards and Guidelines A. Size. There is no minimum lot size. B. Frontage. Frontage on a public street shall be at least one hundred (100) feet or adequate to serve the development. C. Setbacks. 1. Principal Building. No principal building shall be closer than its height to the rear or side property line when such line abuts on a single-family zoning district. 2. All Buildings. No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are a part of the internal road system. Some minor deviations may be allowed provided adequate separation is provided through additional landscaping, berming or similar means. Golden Valley City Code Page 2 of 16 § 11.55 D. Private Service Facilities or Common Areas. In the event certain land areas or structures are proposed within the planned unit development for shared recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the City to assure the continued operation and maintenance to a pre-determined reasonable standard. These common areas may be placed under the ownership of one of the following as determined by the Council: 1. Dedicated to public where community-wide use is anticipated. 2. Landlord 3. Landowners or Homeowners Association, provided appropriate conditions and protections satisfactory to the City are met such as formation of the association, mandatory membership, permanent use restrictions, liability insurance, local taxes, maintenance, and assessment provisions. E. Intent and Purposes. A PUD shall meet and be consistent with the intent and purpose provisions and all other provisions of this section. Subdivision 4. Pre-Application A. Qualifications. Application for a PUD may be made only by: 1) the owner of the land involved in the PUD application, or by a duly authorized representative, or 2) an option or contract holder, provided the application is accompanied by fully executed agreements or documents from the owner stating that such owner has no objections to the proposed application and is in fact joining in the same as such owner's interest may appear. The City may act as a petitioner on its own behalf or on the behalf of an affiliated governmental body. B. Pre-Application Conference. Prior to filing a PUD application and prior to conducting a neighborhood meeting, the applicant shall meet with the city staff for a pre-application conference. The primary purpose of the conference is to allow the applicant and staff to discuss land use controls, appropriate use of the site, design standards, how the plan will achieve higher quality and meet the PUD purpose and design requirements, the application process, and the general merits of the applicant's proposal. C. Neighborhood Meeting. At an appropriate point during development of a preliminary PUD plan, the applicant shall hold a neighborhood meeting. All property owners within �ve hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposed PUD, discuss the concepts and basis for the plan being developed and to obtain information and suggestions from the neighborhood. Golden Valley City Code Page 3 of 16 § 11.55 Subdivision 5. Application Procedure — Preliminary PUD Plan A. Application. The applicant shall complete and sign the application and submit a Preliminary PUD Plan. All application requirements must be completed and submitted for the application to be processed. If it is proposed to develop a project during a period which will exceed two (2) years, the applicant may request approval of a Preliminary PUD Plan for the entire project and permission to submit a Final PUD Plan only for the first stage of the project. Separate public hearings and a Final PUD Plan shall nevertheless be required respecting such successive stage of the project as the same is reached. Except to the extent the Director of Planning requires more or less information, the application shall include, but not be limited to, the following information: Source: Ordinance No. 318, 2nd Series . Effective Date: 12-31-04 1. Preliminary PUD Plan. A Preliminary PUD Plan of the proposed development illustrating the nature and type of proposed development, shall identify all land uses and proposed square footage, the location of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, preliminary traffic volume projections, areas to be preserved, public and common areas, preliminary building elevations including height and materials, preliminary utilities plan, the location of the parcel's boundaries, the net and gross density of the development, the total area occupied by the development, !ot coverage, a lighting plan (subject to the requirements in Section 11.73, Outdoor Lighting) and the amenities to be provided and a development schedule. Source: Ordinance No. 365, 2nd Series Effective Date: 3-23-07 a. Preliminary Grading Drainage and Erosion Control Plan b. Preliminary Tree Preservation Ptan c. Preliminary Building Code Analysis 2. Preliminary Plat. All data required for a preliminary plat by the requirements of the Subdivision Regulations Chapter of the City Code. This requirement may be waived if the PUD is an amendment to an approved PUD. 3. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and other provisions of the PUD Ordinance including how it will: Golden Valley City Code Page 4 of 16 § 11.55 a. Encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. b. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. c. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. d. Encourage construction of affordable housing and a variety of housing types. e. Encourage creativity and flexibility in (and development. f. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. g. Allow mixing land uses and assembly and development of land to form larger parcels. h. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. i. Achieve development consistent with the Comprehensive Plan. j. Achieve development consistent with the City's redevelopment plans and goals. � k. Encourage deveiopment that is sustainable and has a high degree of energy efficiency. 4. Future Requirements. The applicant is advised to consider the requirement for a Final PUD Plan when preparing the Preliminary PUD Plan. 5. Other. An applicant may submit any additional information which may explain the proposed PUD. B. Planning Department. Upon submission of a completed application, the Planning Department shall: 1. Refer. Refer the application to the Departments of Public Works, Public Safety and Park and Recreation for their written evaluations regarding Golden Valley City Code Page 5 of 16 § 11.55 those aspects of the proposal which affect the particular department's area of interest. 2. Notify. Notify by mail property owners within five hundred (500) feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. 3. Report. Prepare a report and refer it to the Planning Commission for review at the informal public hearing. C. Planning Commission. 1. Informational Public Hearing. The Planning Commission shall hold an informal public hearing and consider the application for consistency with the Intent and Purpose provisions and other PUD requirements and principles and standards adhered to in the City. The Planning Commission's report to the Council shall include recommended changes, conditions, or modifications. 2. Petitioner. The petitioner, or the petitioner's representative, shall appear at the public information meeting in order to answer questions concerning the proposed PUp. - 3. Findings. The findings and action of the Planning Commission shall be forwarded to the Council. D. City Council. 1. The Council shall hold a public hearing, and take action on the application. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. 2. Findings. The findings and action of the Council may include a request for plan amendments, approval, denial, or other action deemed appropriate by the Council such as referral back to the Planning Commission. E. Findings. Approval of a Preliminary PUD Plan requires the following findings be made by the City. 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. Golden Valley City Code Page 6 of 16 § 11.55 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site`s characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wet(ands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Source: Ordinance No. 318, 2nd Series Effective Date: 12-31-04 Subdivision 6. Application Procedure - Final PUD Plan A. Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council permission under Subd. 5(A) hereof to develop a project over more than two (2) years, the applicant shall submit a complete Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan appro�al. Such one hundred eighty (180) day period may be extended for additional one hundred eighty (180) day periods by the City Council in the exercise of its sole discretion subject to such additional conditions as it deems appropriate. The Final PUD Plan shall be consistent with the Preliminary PUD Plan approved by the City Council, as well as the PUD Intent and Purpose provisions hereof. The standards and other provisions of this section shall include, but not be limited to, the following: Source: Ordinance No. 419, 2nd Series . Effecrive Date: 05-29-09 1. Site Plan/Development Plan. Plans of the proposed PUD development which identify all land uses and proposed square footage, the location of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, traffic volume projections, areas to be preserved, public and common areas, building elevations including height and materials, preliminary utilities plan, the location of the parcel's boundaries, the net and gross density of the development, the total area occupied by the development, the amenities to be provided and the development schedule. Golden Valley City Code Page 7 of 16 § 11.55 2. Setbacks. Setback measurements from buildings, roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown on the Site Plan. A narrative shall describe these setbacks and provide the rationale and justification. The City may allow some flexibility in setbacks if it bene�ts all parties and the environment. Requiring greater or allowing lesser setbacks may be based on uses on and off the site, natural amenities and preservation, topography, density, building heights, building materials, landscaping, lighting and other plan features. 3. Preservation Plan. A Preservation and Open Space Plan showing the areas to be preserved and spaces to be left open shall be provided. Preference shall be given to protecting sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. The plan shall include new plantings, �xtures, equipment and methods of preservation. Said plan and information may be included on the Landscape Plan. a. Wetlands and Ponds Guidelines. Wetlands and ponds shall have a riparian buffer strip at least twenty-five (25) feet wide composed of natural vegetation but not an improved and/or fertilized lawn. b. Buffers. Provisions for buffering the PUD site from adjacent uses shall be included. Natural amenities shall be used to the extent possible and be supplemented by additional landscaping, berms or other features as may be appropriate. Buffers shall be based on the type of uses on and adjacent to the site, views, elevations and activities. Buffers may be included on the Landscape Plan. c. Tree Preservation Plan. A complete tree preservation plan consistent with the PUD requirements and the Preliminary PUD Plan as approved by the City. d. Landscape Plans. Complete landscaping plans showing vegetation to be removed, vegetation to be retained and proposed vegetation. Plans shall include species, quantities, planting methods and sizes. Within any specific PUD, the landscaping may be required to exceed the City's policy on minimum landscape standards. 4. Public Space. Properties within PUDs are subject to the dedication of parks, playgrounds, trails, open spaces, storm water holding areas and ponds as outlined in Section 12.30, subdivision 1 of the Subdivision Code, the Comprehensive Plan, redevelopment plans or other City plans. 5. Transportation and Parking Plan. A complete plan shall be submitted which includes: Golden Valley City Code Page 8 of 16 § 11.55 a. Proposed sidewalks and trails to provide access to the building, parking, recreation and service areas within the proposed development and connection to the City's system of walks and trails b. Internal roads, if any c. Driveways d. Parking, including layout dimensions of spaces and aisles, total parking by use, and a notation about striping/painting the spaces e. Off-street loading for business uses f. A plan for snow storage and removal g. A plan for maintenance of the facilities h. A calculation of traffic projections by use with assignments to the roads, drives and accesses serving the PUD, including existing traffic volumes for adjacent streets using the most recent counts and/or based on the uses and trip generation estimates i. A description of the alternatives and locations considered for access to the site and the rationale used in selecting the proposed location, width and design of streets, driveways and accesses. 6. Private Streets. Private streets shall not be approved, nor shall public improvements be approved for any private right-of-way, unless a waiver is granted by the City based on the following and other relevant factors: a. Extension of a public street is not physically feasible as determined by the city; b. Severe grades make it infeasible according to the city to construct a public street to minimum city standards; c. The city determines that a public road extension would adversely impact natural amenities; or d. There is no feasible present or future means of extending right-of-way from other directions. e. If the City determines that there is need for a public street extension, this provision shall not apply, and the right-of-way for a public street shall be provided by dedication in the plat. 7. Private Street Design Standards. Go/den Valley City Code Page 9 of 16 § 11.55 a. The street must have adequate width consistent with the Transportation Plan and must be located and approximately centered within an easement at least four (4) feet wider than the street. b. The private street shall be designed to minimize impacts upon adjoining parcels. c. The design and construction standards must result in a functionally sound street in balance with its intended use and setting. d. The number of lots to share a common private access drive must be reasonable. e. Covenants which assign driveway installation and future maintenance responsibility in a manner acceptable to the City must be submitted and recorded with the titles or the parcels which are benefited. f. Common sections of the private street serving three (3) or more dwellings must be built to a seven-ton design, paved to a width of twenty (20) feet, utilize a minimum grade, and have a maximum grade which does not exceed ten percent (10%). g. The private street must be provided with suitable drainage. h. Covenants concerning maintenance and use shall be filed against all benefiting properties. i. Street addresses or City-approved street name signs, if required, must be posted at the point where the private street intersects the public right-of-way. B. Grading, Drainage and Erosion Control Plans. Complete plans for grading, drainage and erosion controi which meet the City's standards shall be submitted. The plan shall show hard surface calculations by areas - buildings, private streets, driveways, parking lots, plazas, walks, trails, and all other impervious surfaces. Hard surface coverage is expected not to exceed the following standards. Uses Maximum Hard Cover Percent Single Family 38% Townhouses 40% Apartments-Condominiums 42% Institutional Uses 45% Industrial Uses 70% Business Uses 80% Commercial-Retail 90% Mixed Uses of Housing with Retail, Office or Business 90% Golden Valley City Code Page 10 of 16 § 11.55 C. Utilities and Service Facilities. The applicant shall provide a plan showing how the site will be served by utilities. D. The applicant shall submit a Final Building Code Analysis. E. Refuse and Garbage. The applicant shall provide a refuse disposal Plan including provisions for storage and removal on a regular basis. (In residential developments, all waste/refuse shall be stored inside a principal structure or a garage until the day of pick-up. In commercial, business and institutional developments refuse may be stored in a principal building or in an enclosed screened in area designed of materials to match the principai building.) F. Architectural plans. The applicant shall submit architectural plans showing the floor plan and elevations of all sides of the proposed buildings including exterior wall finishes proposed for all principal and accessory buildings. Cross sections may be required. G. Sign Plan. The applicant shall submit a Sign Plan including the location of proposed signs, size, materials, color, and lighting. In those instances where not all signs are known, a sign policy shall be presented to the City for the City's review consistent with PUD requirements. Sign design, policies, style, colors, locations, size, height, materials and accompanying landscaping must be consistent with achieving a high quality development meeting the PUD intent and purpose provisions. H. Dwelling Information. The applicant shall submit complete data as to dwelling unit number, density net and gross, sizes, types, etc. I. Life-Cycle and Affordable Housing. If the PUD includes ��life-cycle" or affordable housing, the applicant shall provide a narrative describing the housing, and the guarantees such as covenants to be used to secure such housing and maintain long term affordability. J. Population. The applicant shall submit a population component which sha11 contain a descriptive statement of the estimated population and population characteristics. K. Employees. If office, commerciai, business, service firms or institutional uses are included in the PUD, the estimated number of employees shall be included. L. Final Plat. Unless waived by the City, the applicant shall submit a final plat, as required by Chapter 12 (Subdivision Regulations) of the City Code. The title of the plat must include the following "P.U.D. No. " (The number to insert will be provided by the City.) Go/den Valley City Code Page 11 of 16 § 11.55 M. Schedule. The applicant shall submit a schedule and proposed staging, if any, of the development. N. Narrative. The applicant shall submit a description of the development especially as it relates to use of PUD provisions and explaining how it meets the purpose and other PUD provisions including how it will: 1. Encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. 4. Encourage construction of affordable housing and a variety of housing types. 5. Encourage creativity and flexibility in land development. 6. Encourage efFicient and effective use of land, open space, streets, utilities and other public facilities. 7. Allow mixing land uses and assembly and development of land to form larger parcels. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. 10. Achieve development consistent with the City's redevelopment plans and goals. 11. Other. The applicant may submit any additional information which may explain the proposed PUD. 12. Director of Planning. The Director of Planning may require more or less information than that listed above. O. Planning Commission. 1. Public Hearing. The Planning Commission shall hold an informal public hearing. All property owners within five hundred (500) feet of the PUD or Golden Valley Ciry Code Page 12 of 16 § 11.55 a larger area as determined by the City, shall be given notice of the meeting. 2. Consistency. The Commission shall review the Final PUD plan for consistency with the Preliminary PUD Plan as approved by the Council, and the conditions, if any imposed by the Council, the Intent and Purpose provisions, all other provisions of the PUD ordinance, and principles and standards adhered to in the City. 3. Findings. The findings, actions and report of the commission to the Council may include recommended conditions and modifications to the Final PUD Plan. P. City Council. 1. Public Hearing. The City Council shall hold a public hearing. All property owners within �ve hundred (500) feet of the PUD or a larger area as determined by the City, shall be given notice of the meeting. 2. Action. The action of the Council may include plan amendments, approval, denial, or other action based on findings and deemed appropriate by the City Council. Q. Findings. Approval of a Final PUD Plan requires the following findings be made by the City: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. � 3. Efficient. Effective. The PUD plan includes efficient and efFective use (which includes preservation) of the land. 4. Consistency. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Golden Valley City Code Page 13 of 16 § 11.55 R. Approval. Approval of a Planned Unit Development shall be by ordinance requiring an affirmative vote of a majority of the City Council. Subdivision 7. PUD Agreement Following Council approval of a Final PUD Plan, City staff shall prepare a PUD agreement which references all the approved plans, specifies permitted uses, allowable densities, development phasing, required improvements, completion dates for improvements, the required Letter of Credit and additional requirements for each PUD, in accordance with the conditions established in the City Council approval of the Final PUD Plan and PUD ordinance. The PUD agreement shall be signed by the petitioner within thirty (30) days of the City Council's approval of the agreement. Subdivision 8. Building Permit Following approval of a Final PUD Plan and execution of the PUD agreement, the City may grant building permits for proposed structures within the approved PUD area provided the requested permit conforms to the Final PUD Plan, all provisions of the PUD ordinance, the PUD agreement and all other applicable City Codes. Subdivision 9. Multiple Parcels A PUD may be regulated by a single agreement which may include attachments. One (1) or more of the attachments may cover an individual lot. An applicant amending an approved PUD must show that the proposed change does not adversely affect any other property owner, if any, in the PUD, the terms of the PUD Plan and PUD Agreement, and the Intent and Purpose and other provisions of the PUD Ordinance. A proposed amendment which does not meet this requirement may be rejected by the City without review as would otherwise be required by the ordinance. Subdivision 10. Amendments An application to amend a PUD shall be administered in the same manner as that required for an initial PUD; however, a minor amendment may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. To qualify for this review, the minor, amendment shall not: A. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. B. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. C. Alter signi�cantly the location of buildings, parking areas or roads. D. Increase or decrease the number of residential dwelling units by more than five percent (5%). Golden Va!ley City Code Page 14 of 16 § 11.55 E. Increase the gross floor area of non-residential buiidings by more than three percent (3%) or increase the gross floor area of any individual building by more than five percent (5%). F. Increase the number of stories of any building. G. Decrease the amount of open space by more than three percent (3%) or alter it in such a way as to change its original design or intended function or use. H. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. Subdivision li. Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Subdivision 12. Administration A. Records. The Planning Department shall maintain a record of all Planned Unit Developments approved by the City Council including information on the use, location, conditions imposed, time limits, review dates, and such other information as may be appropriate. Each approved PUD shall be clearly noted on the Zoning Map. 6. Certification of Plans. The City may require that PUD plans be certified at the time of submittal and/or upon completion of construction. C. Time Limits. No application which was denied shall be re-submitted for a period of six (6) months from the date of said denial. D. Letter of Credit. To Assure Conformance to the Final PUD Plan and Agreement the City may require the applicant to post a Letter of Credit in a form approved by the City, guaranteeing the faithful performance of certain work or matters covered in the agreement and, in a sum equal to one hundred fifty percent (150%) the total cost of all such items as determined by the Department of Public Works. The Letter of Credit or other surety may be reduced when specific parts or items are completed and upon recommendation of the Department of Public Works. Golden Valley City Code Page 15 of 16 § 11.55 E. Effect on Conveyed Property. In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shail be bound by the provisions of the approved Final PUD Plan constituting a part thereof; provided, however, that nothing herein shall be construed to create non-conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD. Source: Ordinance No. 318, 2nd Series Effective Date: 12-31-04 Go/den Valley City Code Page 16 of 16 February 13, 2012 City of Golden Valley-Pianning Commission C/0 Mark Grimes—Director of Planning C/0 Joe Hogeboom—City Planner 7800 Golden Valley Rd. Golden Valley, MN 55427 RE: 4900 TRITON DRIVE—ELDRIDGE 3RD ADDITION P.U.D. N0. 109 Dear Planning Commission, This letter is intended to provide feedback to the City of Golden Valley regarding the Application for Consideration of Planned Unit Development by A.K.A.R.E Companies, LLC for the 4900 Triton Drive property. The views and concerns outlined below primarily represent those of the residents on the north side of the property(Lowry Terrace plus applicable northern portions of Orchard and Quail) but may overlap with the concerns of the neighbors in the other directions. The signatures of the residents supporting these views are included at the end of this letter. OVERVIEW: The proposed development negatively impacts the land,the surrounding neighborhood,and conflicts with the land use principles that have made Golden Valley a special community. In its zoning ordinances and the Comprehensive Plan the City created and maintained an environment that has made its residents proud to be�members of the Golden Valley community. The issues can be grouped into the following categories: i) Preservation of the Urban Environment 2j Grading and Drainage 3) Neighborhood Characteristics 4) Cost Impacts It is because of these issues,and the lack of time provided to both the neighbors and the City to fully understand the impacts,that we cannot support the development as proposed and ask the Planning Commission to deny the application until further study can take place and a more suitable plan addressing these items be proposed. PRESERVATION OF THE URBAN ENVIRONMENT: The woodlands that comprise the northern portion of the property represent a significant attribute not only to the property itself, but those that are able to enjoy the views and wildlife it attracts. While the developer is trying to demonstrate the worst-case scenario of a 6-unit development and then applying February 13, 2012 $ City of Golden Valley—Planning Commission ' 4900 Triton Drive—Eldridge 3`d Addition P.U.D. No. 109 marginal adjustments as a negotiating tactic to reduce the perceived impact to the woods,the principles are not sufficiently applied. Mitigation of significant and specimen tree loss via fees paid or replacement with less mature trees will not compensate for the destruction of the wildlife habitat or the loss of character of the area for decades to come. More appropriate measures that are in keeping with the Tree Preservation ordinance(Section 4.32), and should be required, include: • Require transplanting of significant trees into a protected area • Situate new houses within existing open areas • Prohibit removal of all trees within the Grading limits until structure location is finalized and preservation within each lot can be assessed • Protect trees and Critical Root Zones during all construction phases(ex.; root severing protection; designation of areas free from stockpiled soil, storage and equipment usage) • Bury existing overhead power lines to protect damage from the deficient pruning practices of the locat utility • Preserve the existing woodlands • Additional Protective Measures as outlined in 3.F of the Tree Preservation ordinance It is understood that contemporary land-use practices encourage density and urban infill, but these are not at the expense of open spaces and existing habitats. GRADING AND DRAINAGE: The additional impervious area in the proposed development combined with the existing steep slope represent major issues for the properties to the north. First,the views and privacy that led many families to purchase their homes in the area will now have imposing structures looming over them. Second,the north side is much lower and already experiences storm sewer capacity issues during heavy rain events. While basements have remained dry,the streets have flooded during such events(note that most houses on lowry Terrace do not have sump pumps). The development appears to have made attempts to address stormwater runoff rate, and hopefully erosion/sediment control, issues for the proposed development through the use of a retention pond but it does not address a surrounding system that is already taxed. The use of a retention pond to address stormwater has its own issues of being an attractive nuisance and safety issue for children plus a breeding ground for mosquitos and other insects. It should be noted that within 100 yards of the proposed retention pond there are at least 10 children under the age of 10. To address the concerns above,the following provisions should be incorporated into a revised development proposaL• • Elimination of any and all retaining walls on the steep grade(ex.,from elevation 888'to the north property line). Sanitary lines should be fed via ejector pumps to Triton 2 February 13, 2012 v City of Golden Valley—Planning Commission 4900 Triton Drive—Eldridge 3`d Addition P.U.D. No. 109 • Underground detention should be used for stormwater and sediment control instead of a retention pond • All impervious surfaces should be addressed in the stormwater management system including any public roads, private drives,sidewalks, decks/patios and structures. • Confirm that the capacity of the stormwater management system addresses the possibility that future new homeowners may sod/seed their lots to create turf which has a higher runoff rate (lower absorption rate)than the native woodlands + Bury the existing overhead power line next to the north property line so that poles are not undermined from saturated soils(poles in the area have been susceptible to this in the past). If a retention pond remains, overhead power lines would also represent a safety concern. The impact of the proposed development on the area and the supporting infrastructure needs to be thoroughly assessed. NEIGHBORHOOD CHARACTERISTICS: Our neighborhood,and specifically the area surrounding the proposed development, is an established, quiet,well-maintained area where residents respect their neighbors and have invested in improving and maintaining their own properties. These aspects are what drew the residents here, and keep them here. Beyond the issues outlined above, additional items that negativeiy impact the character are: • Prolonged,obtrusive and clearing policies related to construction activities. Solutions include: o Require building permits to be closed within 1 year of issuance o Define limits of construction for initiat infrastructure phase to 15'for roads, 5'for utilities and 10' if the retention pond remains o Prohibit storage of construction equipment during inactive periods or between phases o Limit sales/marketing signs to one on Triton that is no larger than a typical real estate sign for an existing house sale o Limit hours of construction to between 8:00 am and 5:00 pm Monday—Friday o Require all construction vehicles to park onsite (no parking on adjacent streets) o Prevent construction fencing except in an area no larger than 20'x 20' and set back at least 50'from all existing property lines o Prevent construction security lighting between the hours of 10:00 pm and dawn o Eliminate any proposed retaining walls so that dump trucks with soil import are not required • Light pollution. Solutions include: o Minimize street lights on proposed street or private drive o Require all exterior light fixtures within the proposed development to be Dark-Sky compliant fixtures. This includes permanent lighting for homeowners on all structures and landscaping plus temporary construction lighting. 3 February 13, 2012 City of Golden Valley—Planning Commission 4900 Triton Drive—Eldridge 3`d Addition P.U.D. No. 109 • Maintenance of proposed Outlots. Solutions include: o Incorporation of outlots into one of the proposed tots, or o Creation of neighborhood association to maintain outlots. Impacts to the surrounding neighbors will be felt immediately and will extend well beyond the time when the last new neighbor moves in. COSTIMPACTS There are multiple elements of the proposed development that will financially impact the City and surrounding neighbors in both the short and long-terms unless accepted by the developer prior to the approval of the P.U.D. Specifically these include, but are not timited to,the construction and maintenance of the street,stormwater management system and other utilities. A complete financial analysis has not been shared and currently there is no transparency on this issue. In no way should any cost of the development be borne by the surrounding neighbors or the City in generaL SUMMARY: While we understand that the City may favor developments like this to increase the property tax rolls and bring new residents into Golden Valley, it should not be done at the expense of its existing residents. When making your decision on this P.U.D.application you should consider the following sections from the Comprehensive Plan adopted by the City: Chapter 3—Land Use Section 2: Goals, Objectives, And Policies Goal 1: Complete Community Objective: Preserve open space and natural areas Goal 2: Minimize Conflicts Objective: Protect and respect traditional neighborhoods Policies: The City will monitor and update provisions for all zoning districts and for planned unit deve/opments, as necessary, to conform with identified land use categories and to property support plan implementation. Goal 5: High Quality Development Objectives: Encourage high-quality developments that are visually attractive and respect their surroundings. 4 February 13, 2012 ' City of Goiden Valiey—Pianning Commission 4900 Triton Drive—Eldridge 3�d Addition P.U.D. No. 109 Encourage development to meet environmental criteria set forth by Leadership in Energy and Environmental Design (LEEDJ and the United States Department of Energy. Encourage environmentallysustainab/e 'green building' practices when possible. Goa16: Redevelopment Objectives: Redevelop parcels that are blighted,functionally obso/ete, economically unsustainable, or incompatible with adjacent uses. [none of these conditions apply to the current property] Encourage and promote redevelopment projects that create opportunities for active living and are environmentally sustainable. Goal 7: Protection of the Environment Objectives: Preserve and cultivate arborous environments. Restore native vegetation. Maintain existing natural features. Reduce light in the night sky. Policies: The City will consider potential diversity or environmental impacts before adopting or amending development-or construction-related regulations; negative impacts will be ba/anced againsr concerns for the general public health,safety, or welfare. Where possible,strategies for mitigating negative impacts will be identified. The City will remain a leader in urban environmental protection by promoting and maintaining area parks and open space and setting development standards that uphold environmental guidelines. 5 February 13,2012 City of Golden Valley—Planning Commission ` 4900 Triton Drive—Eldridge 3�d Addition P.U.D.No. 109 P.U.D. Purpose and Intent: 1. Encouroge,preserve and improve the health,safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. 3. Encourage presenration and protedion of desirabie site charac[erisrics and open space, and protection of sensitive environmentat features including steep slopes, trees,scenic views, water ways,wetlands and lakes. 6. Encourage e�cient and effective use of land, open space,streets, utiliries and other public facilities. 9. Achieve development consistent with the Comprehensive Plan. 10. Encourage development that is sustainable and has a high deg�ee of energy e�ciency. The City should provide neighbors with the wetland study information previously gathered and the developers should provide additionai research including impact to the local habitat,cost analysis for both short and long-term,and a visual impact study demonstrating the surrounding neighbors views post-construction and at multipie times du�ing the construction process. The neighbors shouid be granted the appropriate time to review such information. In consideration of these items and the concerns above that are in conflict,we cannot support the development as proposed and ask the Pianning Commission to deny the application until further study can take place and a more suitable plan addressing these items be proposed. For the same reasons,we also believe that the developer's Nconforming plan"does not conform to the current ordinances and thus a grading permit should not be granted. Thank you for your attention on this important matter. Sincerely, Signature Printed Name Street Address 1) ` ��y1� Mike Ernst, LEED AP 4845 Lowry Terrace 2) Cindy Ernst 4845 Lowry Terrace 6 February 13,2012 " Ciry of Golden Valiey-Planning Commission 4900 Triton Drive-Eldridge 3`d Addition P.U.D. No.109 3) Matt Stockhaus 4825 Lowry Terrace 4) `�� Jenny Stockhaus 4825 Lowry Terrace �� 51 �, � ✓l.�-�5,•wl� Perry Strassman 4935 Lowry Terrace �� 6) ' �`��sS�c.�vv� Sherri Strassman 4935 Lowry Terrace � �) Dan Peters 4810 Lowry Terrace 8) Mary Peters 4810 Lowry Terrace �:�� /98'.� 9) �c� Richard Zuraff 4840 Lowry Terrace 10) �,��l�v�'U,�- Dana Zuraff 4840 Lowry Terrace 11) �� Mary Fontana 4845 33`d Ave. N '`�___) 12) � !b o 13, � � P�� :, a� 6 � 14) - � i`c.l��l.,l -1 1 �� •�Q,i,✓ 15) v��/" n I � �� 1` � � 16) �� r °��l�� `�f�-1v(�z -1 / lJ�� Y o �2 o d�r s 1 � Yi � February 13,2012 City of Golden Valley—Planning Commission 4900 Triton Drive—Eidridge 3`d Addition P.U.D. No. 109 17� �-N!N�- z`��,��u�IZ! ��G� ��i��,�i'�,1 . . G-0(. ^V�/�4�I.+_,'( Mu�r � Z, 18� �,�,. —�,��-s C.�s�; 3�� a�,�� .�vv�-� v� sg) . �JZO) b?�l(i�,� ��vuu.Cr�s zo, S �,�N dcSa,� 321� G�c.��ti �! ov� ' � 21) . 22j 23) 24) 25) 26) 27) 8 C�� 9G�� -�t-o� � 1. We have not been shown how the houses might look in 3 dimensions. I think just showing the footprint of the houses is misleading. It does not show the true visual impact of 5 or possibly 6, 3,800 sq ft. houses that will dwarf the existing houses of the neighborhood. 2. Having looked at another similar developement of two-story houses around a cul- de-sac, i was overwhelmed by the size of the houses. They do not fit into the environment, but dominate it. 3. Since these houses will be much larger than the existing houses in the area, and they probably will be two-story houses, I would think that they would be required to have more space between the homes and at least as much "frontage" as the other homes in the area. 4. Since the developer is requesting a variance for even smaller distances between the houses, this will create even more of a feeling of"visual tension". This will cause a feeling of high density housing. The houses would tower over neighbors, especially those at the bottom of the hill. 5. Since other lots in the area have to have at least 100 ft. wide lots and, I believe, 35ft. between the house and the street, having 2 story houses as close as 25 ft. from the street will cause even more "visual tension". 6. No variances should be granted unless there is a very legitimate reason (not just to make the developer more money). Why should we be held to the set-back requirements and not the developer? 7. Some of our neighbors have lived here for more than 40 years, many more have lived here more than 25 years, my husband and 1 have lived here more than 28years. It is the people of this neighborhood that have made this neighborhood what it is today. It just didn't happen this way. It has been years and years of people being concerned and active in crime prevention and community building. I can see why someone would want to build a house here, but 1 think there has to be respect and consideration for the neighbors who surround the property and others who will be affected by this development. We shouldn't have to live in fear of retaliation* by the city or developer when expressing our views. The deveioper may have property rights, but so do we, and it is our resoonsibilitv as adults in this community to protect our neighborhood and city. *I was threatened by the developer that if the planning commission did not approve their plan that they would cut down all the trees and build six houses. Thank You for listening! Sheila Bahl,4815 Culver Road, Golden Valley '�' 9 z/� ��G-� �0 ,� � /9�� /�G � Top Concerns and Questions of the Tritan Avenue Project Neighbors • Cutting down trees and not replacing them or replacing them with small trees rather than the mature trees that are there now • Five homes seems like too many,too dense • aA/hat type of homes would be built?How much would they cost? • Concerned that the project would begin but not be finished due to something like bankruptcy • Possibly dangerous, unprotected drainage pond • Compromised woods, loss of wildlife."1 see mare wildlife here than where I grew up in a rural a�ea." • lncreased vehicle traffic on Triton,Pe�ry,and Regent;intersections are uncontrolled � Expensive houses amongst 60 year old ramblers:how would they fit in? � Concern about building materials and that the backs of the houses look nice for our view • Expensive houses will raise our taxes too • View from street appears to be series of garage doors • Could neighbors be involved in the design of the houses? • What is the timeline?Can develaper/builder be held to that?Could building be stretched over months or years?That's very disruptive. • 1sn't there a wetland on the north?Wouldn't restrictions apply?(We want to be shown all wetland studies done so far and see if we need to do our own.) • Huge machinery has an impact on yards and maybe on our houses which may not show up until later.Trees have interconnecting roots. • We would like to see landscaping requirements;don't want to lose trees on the borders of our property; plant perimeter trees and landscape the edges too • Bury the power line • Don't'take down trees and raze the area before houses are about to be built • Walkouts often dan't look good from the back • Three stories are too high • Current wildlife during a typical year includes deer,fox, raccoon,mallards, nesting hawks: what will be done to help them? • Could this set a precedent for develapers to build huge mansions in other wooded areas of Go{den Valley? • Is this an appropriate area for large homes in Golden Valley? • This plan does not seem to be the"least intrusive and least damaging solution" • Are there any endanger species in this area?Will a study be done during the upcoming grawing season? � What safety measures are going to be taken during construction to protect children? • We need to work with the developer and Golden Valley to minimize the compromising this unique woodland Lti10 ZT5 E9L�� 5ZE6 E65£9L �,,o;�� +►e►► -w+�"�+o< < :•�o NW •��^ �� LLb55 e3osauu�yd'spotleauu�yy '3'd w�+� 'r�d � �� '''�,y�ov •aarr aa� �aiam3 .�. 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'"'- ' : , �,�� 1,. ....m..� � n . � ��6�t �. � k Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 6. A. Approve Letter to Minneapolis Park and Recreation Board (MPRB) Regarding Wirth Lake Management; Authorize Mayor to Sign Prepared By Rich Baker, Chair, Environmental Commission Jeannine Clancy, Director of Public Works Summary On May 22, 2011, a tornado passed through Golden Valley and Minneapolis, blowing down and damaging a significant number of trees in Wirth Park. In late 2011, as part of their response effort, crews from the MPRB Forestry Division began removing the fallen and damaged trees near the intersection of Glenwood Avenue and Wirth Parkway, and near Plymouth Avenue north of TH 55. Sometime around December 6, 2011, staff from both agencies began receiving calls and emails about the tree removals. MPRB Forestry staff contacted Golden Valley staff to explain the work being performed and to see if there were any permits required for the tree removals. As the City's Tree Preservation Ordinance generally applies to development, not natural disasters or forest management, no permits were initially required. Unpermitted Wetland Disturbance Around December 15, the City received an inquiry, through its wetland consultant, from the Minnesota Board of Water and Soil Resources (BWSR) about a possible wetland violation in the portion of Theodore Wirth Park that lies within Golden Valley. City staff inspected the site and immediately contacted MPRB staff to set up a field meeting. On December 16, Golden Valley staff, including its wetland consultant, met with MPRB Forestry and Planning staff to review the operations within the work area near the intersection of Glenwood Avenue and Wirth Parkway. While the City does not have any regulatory oversight regarding tree removals in Wirth Park, other than diseased trees, it does have a regulatory interest in wetland and stormwater management. It was determined at the field meeting that the work underway required a City Stormwater Management permit. MPRB ceased its operations to allow for the appropriate permits to be obtained. The City Stormwater permit was applied for on December 16, 2011 and issued on December 22. It was also determined at the meeting that an area that appeared to be wetland had been encroached upon. It was agreed at the meeting that the City's wetland consultant would flag the wetland edge with an additional margin of error to help guide MPRB staff in the installation of best management practices in order to protect wetlands and preserve water quality in the Wirth Lake area. The City notified the Army Corps of Engineers and the Technical Evaluation Panel (TEP) of the work being performed in and around the wetland area. (The TEP consists of the Minnesota Department of Natural Resources, BWSR, Soil and Water Conservation Districts, and other agencies involved in wetland oversight.)The agencies agreed that the vegetation alteration was not covered by the Wetland Conservation Act and could be overseen locally and did not require further action or notification. City staff inspected the site after the work was completed and found it to be in compliance. Through its routine inspections, staff will continue to monitor the site until vegetation is established and the stormwater permit is closed. Departure from MPRB Natural Area Mana�ement Guidelines Staff has reviewed the MPRB Natural Area Management guidelines as presented on its website (http://www.minneapolisparks.org/default.asp?PageID=144). The guidelines explain conditions for tree removal, pruning, and planting within Park Natural Areas. MPRB's tornado response departed significantly from these guidelines. The Golden Valley Environmental Commission discussed the management of Wirth Park after the May 22 tornado at their meetings on January 23, 2012 and February 27, 2012. The Commission requested that the Chair draft a letter to the MPRB that conveys the Commission's concerns about the cleanup activities that occurred in Wirth Park and the effect that these actions had on the natural environment. The letter also reinforces the importance of the Wirth Park to citizens of Golden Valley, encourages MPRB to review and improve its natural area and wetland management practices, and requests that Golden Valley staff and/or citizens be given an opportunity to participate in this process. The Environmental Commission requests that the City Council approve the letter and authorize the Mayor to sign. Chair Baker will be in attendance at the Council meeting to review the letter and respond to questions. Attachments • Letter to the Minneapolis Park and Recreation Board, dated March 6, 2012 (2 pages) Recommended Action Motion to authorize the Mayor to sign the letter regarding Wirth Park storm cleanup to the Minneapolis Park and Recreation Board. r 3'as }. � �,�,.� §,�f �� C"�°�� ' � ��,�' �� `.� � �.::--" ::� � �_. � ��-. ��, y,.%:�YC.kk5.b$�:�Z Sr„ .".� r p�-y�. .. x i�„`k�.#'a a"e��£"k,;;'a. . ,_ .. March 6,2012 Ms.Jayne Miiler Superintendent Minneapolis Park and Recreation Board 2'!17 West River Rosd Minneapolis,MN 55441 5ubject: Natura!Area and�tormwater Management in Theodore Wirth Park Dear Superintendent Milier: Theodore Wirth Park is a precious natural, recreational,and economic resource fo�the City of Minneapolis and its adjacent western suburk�s.Many of Golden Valley's citizens consider its trails, forests, lake,and golf course to be important assets to their quality of life.Further,much of the park fies within the City of Golden Valiey. For these and other reasans,we beiieve it is in the City of Goiden Valley's best interest ta maintain an engaged and active awareness of the weli-being of the park and,wnen necessary,to comment on its management. The May 22,2011 tornado damaged a significant number of trees in Wirth Park,and removal of fallen and damaged trees by the Minneapalis Park and Recreation eoard (MPRB)staff and eontractors was undertaken during December 2011. During that periatl,Golden Valley staff received emails and cails from the public expressing concern abvut the extent af the tree removal and wetland disturbance resulting from this work.Because of the importance of Wirth Park to Golden VaUey and its citixens,we wish to echo these concerns and affer our assistance in addressing them. Park pianning documents indicate that much of Theodore Wirth Park is designated as Forested Natural Area,and the MPRB's Natural Area Management Plan outlines standards far management of these areas.Golden Valley citizens expressed concern that the response of MPRB to the tornado damage was not consistent with these standards.We encourage MPRB to review its natural area management standards and policies,and consider improvements to these processes to better meet the goal of sustainable natural area management within the park.The City of Golden Valley staff and citizens request the opportunity ta participate in such an effort. Public eoncern was also expressed regarding impacts of the December 2011 work in the wetlands in the sautheast quadrant af the intersectian of Wirth Parkway and Glenwood Avenue. Following a field review of this work that included representatives of the City of Golden Vailey and the MPRB, it was determined that the work already underway required a City Stormwater Management permit.MPRB ceased its operations,applied for a permit,and a permit was issued &,�Mpls Park Board�Wirthi.akeParkMgmt.docac °�� n,rY x�;��"�...� �:�#:. 7G� `'. 'c.; ` ,� „ . � . .r -:r �.J°� �s�J Ms.Jayne MSiller March 6,2012 Page 2 by the City of Golden Valley.This sequence of events highli�hts the need for improvements in coordination within MPRB,inciuding more timely review of the potential impacts of maintenance activities and implementation of best managernent practices for projects directfy impacting,or in the vicinity of wetlands within the Park.We encourage MPRB to review its wetland managernent star�dards and policies,and consider improvements to these processes to avoid the need for after-the-fact permit issuante in the future.The City of Golden Valley also requests that MPRB repair the two storm sewer outlet pipes and eroded channel identified in the s�utheast quadrant wetland during the site visit. We would appreciate your t�mely response to these requests,and laok forward ta working with your staff to improve natural area and wetland management within Wirth Rark. Sincerely, Shepard M.Harris Mayor C; Minneapolis Park and Recreation Board of Commissioners Golden Vatley City Gouncil Goiden Vailey Environmental Commission Tvm 8urt,Gofden Valley City Manager Jeannine Clancy,Golden Valley Director of Public Works 6:\Mpls Park Board\WirthLakeParkMgmt.doac CI�� C)� Cit�y Adlninistration/Council 763-593-8003!763-593-8109(fax} :: . � ��f�f._--�--- -��=-- i.. . .�k��,��... . -- -�-.ou��ti"�1�ttR.��N��CFAMWiNi811t5!pi�Ni�ii�iliittix�:f&-k.�: �i. - -=��----'�� .. P'I�'��ru;.,r.. =�. :��. .., . Executive Summary For Action Golden Valley City Council Meeting March 6, 2012 Agenda Item 6. B. Reinstatement of Deputy Registrar Prepared By Shep Harris, Mayor Summary This Legislative Session a bill will be introduced to reinstate the City's deputy registrar office. Attached is a draft of the bill which will be considered. Attachments • Draft bill MB111 dated February 24, 2012 (1 pagej Recommended Action Motion to receive and file the draft bill pertaining to the reinstatement of the City's deputy registrar office. 02/24/12 03:03 PM HOUSE RESEARCH JLC MB l l l (�R�F�' 1.1 A bill for an act i.2 relating to transportation; directing reinstatement of Golden Valley deputy l.3 registrar office following certain conditions. �.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1 s Section 1. DEPUTY REGISTRAR; GOLDEN VALLEY. 1.6 (a)Within 21 days followin�receipt of the notification specified under para�raph i.� �b),the commissioner of public safetv shall reinstate the deputv registrar located in the 1.s city of Golden Valley and allow the office to reopen. 1.9 (b)The city of Golden Vallev mav submit a notification to the commissioner of t.lo public safety regarding the status of the deputv registrar of�ice,which must include: �.�i (1)a summarv offindin�s from an internal investigation ofthe office related to 1.12 suspension of deputy registrar services; �.13 (2)a review of recommendations from an audit of ofFice procedures and financial 1.14 practices; and 1.1s (3)a review of identified chan�es to staf�'in�,trainin�,supervision,office procedures, 1.16 and financial vractices implemented or planned to be implemented as part of reopening �.1� the office. 1.is EFFECTIVE DATE.This section is effective the dav following final enactment. Section 1. 1 S.F.No. 2261,as introduced-87th Legislative Session(2011-2012) [12-5548] i�S�V�rJ�� C� ` SENATE ��-� �� STATE OF MINNESOTA �(�U EIGHTY SEVENTH LEGISLATURE S.F. NO. 2261 �� (SENATE AUTHORS:REST and Gimse) DATE D-PG OFFICL4L STATUS 03/OS/2012 Introduction and first reading Referred to Transportadon i.i A bill for an act i.z relating to transportation;public safety;directing reinstatement of Golden Valley �.3 deputy registrar otT'ice after certain conditions are met. 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1s Section 1. DEPUTY REGISTRAR; GOLDEN VALLEY. l.6 (a)Within 21 davs followin�receipt of the notification specified under para�raph �.� (b),the commissioner of public safetv shall reinstate the deputy re�istrar located in the 1.s city of Golden Valley and allow the office to reopen. 1.9 (b)The city of Golden Vallev mav submit a notification to the commissioner of i.to public safety regarding the status of the deputy registrar office,which must include: 1.�1 (1)a summary of findin�s from an internal investi�ation of the office related to �.�2 suspension of deputy registrar services; t.13 (2)a review of recommendations from an audit of office procedures and financial �.i4 practices; and �.�s (3)a review of identified chan�es to staffin�,trainin�,supervision,of�'ice procedures, 1.16 and financial practices implemented or planned to be implemented as part of reopening �.t� the office. i.ia EFFECTIVE DATE.This section is effective the dav followin�final enactment. Section 1. 1