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05-01-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Galden Vailey Road Counci! Chamber May 1, 2012 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior ta the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Presentation of Life Saving Awards - Sergeant Jim Roberts, Officers David Staaf 3 and Kristin Hoefling 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CQNSENT 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 ane motian. There will be no discussion of these items unless a Council Member or citizen sa requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - March 20, 2Q12 4-11 B. Approval of Check Registers: 1. City 12 2. Housing and Redevelopment Authority 13 C. Licenses: 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley 14 Days Art & Music Festival 2. Gambling License Exemption and Waiver of Notice Requirement - Sons of the 15-18 American Legion Post 523 3. Gambling License Applieation to Conduct Excluded Bingo - Sons of the 19-21 American Legion Post 523 D. Minutes of Boards and Commissions: 1. Planning Commission - March 26, 2012 22-24 2. Human Services Fund - March 12, 2012 25-26 3. Environmental Commission - March 26, 2012 27-28 4. Open Space and Recreation Commission - February 27, 2012 29-30 5. Board of Zoning Appeals - March 27, 2012 31-37 6. Joint Water Commission - March 1, 2012 38-39 E. Bids and Quotes: 1. Street Construction and Maintenance Material - Quotes 40-42 2. Green/Tee Mawer - Quotes 43 F. Proclamation for Arbor Day and Arbor Month 44-46 G. Approval of Requests for Beer and/ar Wine at Brookview Park 47-48 H. Second Consideration - Qrdinance #483 - Amendment to the Master Fee Schedule - 49-50 Vehicle Forfeiture 3. CONSENT AGENDA - CONTINUED I. Waiver of Public Hearing and Certification of Special Assessments - 2010(B) 51-53 Sanitary Sewer Repairs 12-34 J. Establishing Compliance with Reimbursement Bond Regulatians under Internal 54-60 Revenue Code: 1. Financing of the City's 2013 Pavement Management Program 12-35 2. Financing of the City's 2014 Pavement Management Pragram 12-36 K. Call for Administrative Hearing - Appeal of Administrative Citation - 1816 York Avenue 61 North - 5/15/12 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #4$4 - Final Design Plan Approval - PUD #88 - Breck 62-117 Addition - Amendment #1 - 123 Ottawa Avenue North - Breck School, Applicant 5, OLD BUSINESS 6. NEW BUSINESS A. Opposition to Proposed "Recognition of Marriage" Constitutional Amendment 12-37 118-119 B. Announcements of Meetings C. Mayor and Council Gommunications 7. ADJOURNMENT ` This document is �v�ilable in alternate formats upon a 72-hour request. Please call 763-593-80Q6 (TTY. 763-593-3968)to make a request, �xamples af alternate farmats may include large print, electronic, BraiNe,audiocasse�ke, etc. C"l�� .` Polxce Department 763-593-8079/763-593-8098(fax) ... . , . _ � .r �..��....�.�� .,.,z�� _ . � �.��'-� o , � ��....... � � �� n �� . � � � Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 1. C. Presentation of Life Saving Awards-Sergeant Jim Roberts, Officers David Staaf and Officer Kristin Hoefling Prepared By Stacy Carlson, Chief of Police Summary On June 19, 2011 at 5:36 pm the Police Department responded to the baseball fields at Sandburg Middle School for a male who had been feeling ill after practice and was found unresponsive and not breathing. Sergeant Jim Roberts, Officers David Staaf and Kristin Hoefling promptly responded and assessed the victim. Officers began performing CPR and the automatic defibrillator was attached. The victim was shocked faur times and his breathing and pulse returned prior to transport to North Memorial Medical Center. The Police Department has awarded the life Saving Award for the actions of Sergeant Jim Raberts, Officer David Staaf and Officer Kristin Hoefling. Recommended Action Police Chief Stacy Carlson presents Life Saving Awards to Sergeant Jim Raberts, Officer David Staaf and Officer Kristin Hoefling. Regular Meeting of the City Council March 20, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Gouncil of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on March 20, 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. Pled,�e of Alleqiance The Pledge of Allegiance was recited. Appointment to Bottineau Transitwav Citizen Advisorv Committee, Oath of Office and Presentation of Certificate of Appointment Mayor Harris introduced the agenda item. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to appoint Randy Fordice to the Bottineau Transitway Citizen Advisory Committee. Mayor Harris administered the oath of office and presented a Certificate of Appaintment, mug and city pin to Randy Fordice, Bottineau Transitway Citizen Advisory Committee. Renaminq Honevwell Little Leaque Area as Isaacson Park Rick Jacobson, Director of Parks and Recreation, introduced the agenda item. Jerry Sandler, Chair, Open Space and Recreation Commission, Metro Area Little L.eague District Administrator, former Little League President and Coach, presented a history of the Little League program and the impact Dick Isaacson had on the program and the lives of the children and coaches in the baseball program. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-16 RESOLUTION RENAMING HONEYWELL LITTLE LEAGUE AREA AS ISAACSON PARK The motion for the adoption of the foregoing resolution was seconded by Member Pente{ 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 March 20, 2012 Page 2 State of the Cit� Video Presentation The State of the City video was shown at the meeting. Approval of Aqenda Thomas Burt stated Hennepin Gounty recommended changes to the resolution for re- establishing precinct boundaries. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of March 20, 2012 as amended: Approval of Re-establishing Precinct Boundaries for Precincts 1, 4, 5, 6, 7, and 8 and Changing Boundaries for Precinct 2 and 3 due ta Redistricting. Approval of�onsent Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to apprave the agenda of March 20, 2012 as amended: removal of Appraval of Re-establishing Precinct Boundaries for Precincts 1, 4, 5, 6, 7, and 8 and Changing Baundaries for Precinct 2 and 3 due to Redistricting, Minutes of Boards and Gommissians - Envision Connection Project Board of Directars - January 19, 2012 and Authorization to Sign Agreement with Bassett Creek Watershed Management Commission and City of Minneapolis for Main Stem Restoration. *Approval of Minutes - Council/Manaqer Meetinq - Februarv 15, 2012 and Citv Council Meetinq - Februarv 21, 2012 MOVED by Scanlon, seconded by Clausen and mation carried unanimously to approve the Council/Manager Meeting minutes of February 15, 2012 and the Gity Council Meeting minutes af February 21, 2012 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Clausen and motion carried unanimously to autharize the payment of the City bills as submitted. *General Business Licenses MOVED by Scanlon, seconded by Clausen and motion carried unanimously ta authorize the payment of the bills as submitted. *3.2 Liquor License Renewals MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council March 20, 2012 Page 3 *Gamblinq License Exemption and Waiver of Notice Reguirement Rotarv Club of Golden Vallev MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of licenses as recammended by staff. *Minutes of Boards and Commissions MOVED by Scanlan, seconded by Clausen and mation carried unanimously to receive and file the minutes as follows: Planning Commission - February 13, 2012 Human Services Fund - February 13, 2012 Bassett Creek Watershed Management Commission - January 19, 2012 Minutes of Boards and Commissions - Envision Connection Proiect Board of Directors - Januarv 19, 2012 Council Member Pentel suggested the Council discuss at the April Council/Manager the role, responsibilities, goals and the relationship with the Council of the Envision Connection Project Board MOVED by Pentel, seconded by Scanlon and motion carried unanimously to rec�ive and file the Envision Connection Project Board of Directars minutes of January 19, 2012. *Tandem Axle Dump Truck and Equi�ment - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase one tandem axle cab and chassis truck through the Minnesota Materials Management Division from Boyer Trucks for $111,660.76. MOVED by Scanlan, seconded by Clausen and motion carried unanimously to purchase a plow, underbody, wing plow, sander and control equipment, through the Minnesota Materials Management Division#rom Towmaster, Inc. for $141,101.72. *Sewer Televisinq Camera and Transporter - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase a sewer televising camera and transporter, from the lowest responsible bidder, Flexible Pipe Tool Company for $29,077.49, including Minnesota sales tax. The quates are as follows: Flexible Pipe Tool Company $29,077.48 Enviratech Equipment Company $30,486.Q9 Regular Meeting of the City Council March 20, 2012 Page 4 Authorization to Siqn Aqreement with Bassett Creek Watershed Manaqement Commission and Citv of Minneapolis for Main Stem Restoration Council Member Pentel had questions regarding the impact of the restQration in the area in which the Bottineau transitway may be constructed. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to acknowledge and approve the Cooperative Agreement for Bassett Creek Main Stem Restoration. *Temporarilv Restrictinq Vehicle Parkinq for Run the Vallev Member Scanlon introduced the following resolution and moved its adaption: RESOLUTION 12-17 RESOLUTION TEMPORARILY RESTRIGTING VEHICLE PARKING FOR RUN THE VALLEY 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. *Temporarilv Restrictinq Vehicle Parkinq for Golden Vallev Days Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-18 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR GOLDEN VALLEY DAYS 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 Mayar and his signature attested by the City Clerk. Regular Meeting of the City Council March 20, 2012 Page 5 *Temporarilv Restrictinq Vehicle Parkinp for Humane Societv Walk for Animals Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-19 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FQR WALK FOR ANIMALS 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. *Approval of Amendment to Golden Vallev Fire Relief Association By-laws for Interest on Deferred Retirement Benefit Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-20 RESOLUTION APPROVING AMENDMENT TO GOLDEN VALLEY FIRE RELIEF ASSOCIATION BY-LAWS FOR INTEREST QN DEFERRED RETIREMENT BENEFIT 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, whereupan said resolution was declared duly passed and adopted, signed by the Mayar and his signature attested by the City Clerk. Approval of Re-establishinq Precinct Boundaries for Precincts 1, 4, 5, 6, 7Land $ and Chanqinq Boundaries for Precinct 2 and 3 due to Redistrictinq Council Member Freiberg had questions regarding how voting is conducted when a precinct is within two school districts. Sue Virnig, Finance Director/Cifiy Clerk answered questions from the Council. Member Freiberg introduced the fallawing resolution and moved its adoption, as amended: RESOLUTION 12-21 RESOLUTION RE-ESTABLISHING PRECINCT BOUNDARIES FOR PRECINCTS 1, 4, 5, 6, 7, AND 8 AND CHANGING PRECINCT BOUNDARIES FOR PRECINCT 2 AND PRECINCT 3 Regular Meeting of the City Council March 20, 2012 Page 6 Approval of Re-establishinq Precinct Boundaries for Precincts '1, 4, 5, 6, 7, and 8 and Chanqinq Boundaries for Precinct 2 and 3 due to Redistrictinq - Continued The motion for the adoptian of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following vated 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. *Approvinq Loan to Golden Vallev Little Leaclue for Park Improvements Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-22 RESOLUTION AUTHORIZING LOAN FOR PARK IMPROVEMENTS TO GOLDEN VALLEY LITTLE LEAGUE The motion far the adoption of the faregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlan; 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. *Authorizinq Transfer from General Fund to Equipment Replacement Fund and Park Improvement Fund Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-23 RESOWTIQN AUTHORIZING THE TRANSFER OF $825,OOQ FROM THE GENERAL FUNQ TO THE EQUIPMENT REPLACEMENT FUND ($575,000) AND TO THE PARK IMPROVEMENT FUND ($250,000) 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 March 20, 2012 Page 7 *Second Consideration - Ordinance #481 -Amendinq Section 10.84, Providinq for Appeal Process for Disqualified Applicants The following ordinance was MOVED by Scanlon, seconded by Clausen: ORDINANCE NO. 481, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.84, Providing for Appeal Process for Disqualified Applicants MOVED by Scanlon, seconded by Clausen and motion carried to adopt an First Cansideration Ordinance #481, 2nd Series. The vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCAN�ON - YES *Approval of Amendments to Emplovee Handbook Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12-24 RESQLUTIQN ADOPTING AMENDMENTS TO EMPLQYEE HANDBOOK The mation for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in fav�r 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. *Approval of Memorial Dedication for Edward (Ed) Silberman MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize moving forward with contacting the family and setting up a celebration. Set Date for Joint Water Commission - Tri-Citv Meetinq - 5/7/12 Mayor Harris introduced the agenda item. Thomas Burt answered questions from the CounciL MOVED by Freiberg, seconded by Clausen and motion carried unanimously to set the Joint Water Commission, Tri-City Council meeting for May 7, 2012 at 6:30 pm at the Crystal Community Center. Regular Meeting of the City Council March 20, 2012 Page 8 Announcements of Meetinqs Some Council Members may attend the Use of Force Seminar on March 22, 2012 at 6 pm at the Police Department. The State of the City will be held on March 23, 2012 at 7:30 am at City Hall. The Golden Valley Historical Society will sponsar an Antique Road Show on March 24, 2012 beginning at 2 pm at Calvary Center Cooperative. Some Council Members may attend the joint South Tyrol Neighborhood and MCES Meeting March 29, 2012 at 7 pm at the Sabes Jewish Community Center. The next Gity Council meeting will be held on April 3, 2012 at 6:30 pm. Mavor and Council Communications The Golden Valley Run the Valley Race/Walk on April 14, 2012 beginning at 8 am at the Brookview Community Center. Mayor Harris and Thomas Burt reviewed the status of the legislation befare the House and Senate reopening the Motor Vehicle department and the meeting that were held with Legislative Delegations. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:37 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant �.i�� f Finance De arfiment r 763-593-8013/763-593-8�Q9(fax? , ��. � � � �_ _ ,:. .._ ��.��-��.�, ��' �:,,��;`�� ,� ��- � -.�,,.�,� _ � `-.'�� Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. B. 1. 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. �-�� " Finance Department 763-593-8013/763-593-8109(fax) ; ,� � ��r�,,a�.�,-��. ��_ ��,.:y� . �...�� ;....,....��d�'_ � ��-:.,�..�.��:.,��.;��'�� Executive Summary For Action Golden Valley City Council Meeting May1, 2012 Agenda Item 3. B. 2. Approval of Housing and Redevelapment Authori#y Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. �� : Fire Department 763-593-8079/763-593-8098{fax) Executive Summary For Action Golden Valley City Council Meeting May1, 2012 Agenda Item 3. C. 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days Art and Music Festival Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Americana Fireworks Company has submitted a fireworks permit application requesting approval to discharge aerial fireworks at the Galden Valley Days Art & Music Festival during the evening of Saturday, May 19, 2Q12 afi 9:15 pm. A rain date is set for Sunday, May 20, 2012 at 9:15 pm� The location of the fireworks display will be at the northeast corner of Brookview Park. Americana Fireworks Display Company has indicated that they need to maintain a 420-foot radius to discharge 6-inch aerial display shells. The launch site is in the same location that has been used since 2Q05. Recommended Ac#ion Motion to approve the fireworks display permit for Americana Fireworks Display Campany to discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Saturday, May 19, 2012 or on the rain date of Sunday, May 20, 2012, C-��-�1 (�� City Administration/Council 763-593-3991 /763-593-8109(fax) �" = x��r�,. ��.,s�. . -._��^�� ua.� ��,��-��. m:mm , � � ��•� - __ Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 Prepared By Judy Nally, Administrative Assistant Summary As per Stat� Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) • Letter from Sons of the American Legion Post 523 requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523. Minnesota Lawful Gamb/ing Page 1 of 2 5/11 LG220 Application for Exempt Permit Application fee I An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 3Q days - conducts lawful gambiing on five or fewer days,and before the event before the event - awards less than$50,000 in prizes during a ca�endar year. $100 �50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Golden Valley Sons of The American Legion Post 523 Minnesota tax ID number, if any Federal employer ID number, if any Type �f nonprafit organization. Check one. � Fraternai � Religious � Veterans � Other nonproflt organization Mailing add�ess City State Zip Code County 200 No. Lilac Dr. Golden Valley MN 55422 Henn Name of chief executive o�cer {CEO) Daytime phone number Email address David Jenkins Commander 612-618-3330 emailchico@aol.com Attach a copy ofONE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. �Ionprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certificate must be obtained each year from: Secretary of State,Business Services Div., 180 State Office Building,St. Paul,MN 55155 Phone: 651-296-2803 �IRS income tax exemption[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer contact theIRS at877-829-5500. �IRS-Aftiliate of national,statewide,or international parent nonprofit organization(charter) If your organization faHs under a parent organization,attach copies of o�h of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted.For raffles,list the site where the drawing will take place. Chester Bird Sons of The American Legion 523 Address (do not use PO box) City or township Zip Code County 2Q0 No. Lilac Dr. Golden Valley 55422 Henn. Date(s) of activity(for raffles,indicate the date of the drawing) June 23rd 2012 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* Raffles Paddlewheels* Pull-Tabs* Tipboards* * Gambling equipment for pull-tabs, bingo paper,tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on list of Licensed Distributors, or call 651-639-4000. LG220 Application for Exempt Permit Paye 2 or s 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county officiai must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township o�cial is not required to sign the application. The application is acknowledged with no waiting The application is acknowledged with no waiting period. period. The application is acknowledged with a 30 day The application is acknowiedged with a 30 day waiting period,and allows the Board to issue a waiting period,and allows the Board to issue a permit after 30 days(60 days for a 1st class city), permit after 30 days. The application is denied. The application is denied. Print county name Print city name � On behalf of the county, I acknowledge this app/ication. O e f of the city, I acknowle e th�s application. Signature of county personnel receiving application gnatu of 'ers i ing application Title Date Title J Date 1� (Optional) TOWNSHIP: On behalf of the township,1 acknowtedge that the organization is apptying for exempted gamb/ing activity within the township limits. jA township has no statutory authority to approve or deny an applicatio�[Minnesota Statute 349.166)] Printtownship name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE Ti►e informaGon provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial repoit will be comp ted and etumed to the Board within 30 days of the date of our gambling activity. ,�,r /- Chief executive officer's signature Date 7'f�`°�Z Complete a separate apptication for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit,or use the online fill-in form availabie at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status,and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. Questions? To: Gambling Control Board Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651-639-4000. Roseville, MN 55113 This form will be made available in aftemative format(i.e.large print,Braille)upon request. Data privacy notice: The information Your organization's name and private data about your organization are available requested on this form (and any address will be public information to: Board members,Board staff whose work attachments) will be used by the Gambiing when received by the Board. All �quires access to the information; Minnesota's Control Board (Board)to determine your other information provided will be Department of Public Safety;Attomey General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management&Budget,and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; howeve r, if your Board issues the permit, ali regulatory agencies; anyone pursuant to court organization refuses to supply this information provided will become order; otlier individuals and agencies speciflcally information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit,all information � the information;individuals and agencies for and,as a wnsequence,may refuse to issue provided remains private,with the Which law or legal order authorizes a new use or a permit. If your organization suppiies the exception of your organization's sharing of information after this notice was given; information requested,the Board will be name and address which will and anyone with your written consent. able to process your organization's remain pubiic. application. ` ` ��t��ir�` CHESTER BIRD SON'S OF THE AMERICAN LEGION 200 North Lilac Drive Golden valley, MN 55422 763-377-4252 April 6, 2012 To whom it may concern. The Golden Valley Sons of The American legion Post 523 will be conducting an Excluded Raffle. The drawing will be held at the Golden Valley Fire Relief Street Dance 200 No. Lilac Dr. to be held on June 23rd. 2012. We respectfully ask you to wave the 30-day waiting peroid. Sincerely S.A.L. Commander David (Chico) Jenkins 612-618-3330 �9-�'��'.�.T �� City Administration/Council 763-593-3997 1763-593-8109(fax) 'i1AdI��IiilA;i�!�'..,,�k �I�IE��.�:.��`^�'d�T.��,�.o.Y,?�"».,-. -. . �#:..*�`�F`..,4,,.�. �"nZ"'��#�.i�itik!'',� x'°�."�tE'°��P .. . f�"'��-A;"�., :: ..+.�-�« . � . . .,.,.. _ _ A �. ��... ,�..� Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. C. 3. Gambling License Application to Conduct Excluded Bingo - Sons of the American Legion Post 523 Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post#523. 3/11 Minnesota Lawfu/ Gambling Page 1 of 2 LG240B Application to Conduct Excluded Bingo No fee ORGANIZATION INFORMATION Organization name Previous gambling permit number Sons of The American Legion Post 523 Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit omanization. Chedc (�1 one. �° _�� Fratemal _�. Religious _�' Veterans f Other nonprofit organization Mailing address City State Zip Code County 200 No. Lilac Dr. Golden Valley MN 55422 Henn ATTACH A COPY OF f I� OF THE FOLLOWING FOR PROOF OF NONPROFtT STATUS � Do not attach a sales tax exempt status or federal ID employer number as they are not proof of nonprofit status. �✓ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone:651-296-2803 � Internal Revenue Service-IRS income tax exemption(501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer contact the IRS at 877-829-5500. �� Internal Revenue Service-Affiliate of national,statewide,or international parent nonproflt organiza#ion(charter) If your organization falls under a parent organization,attach copies of �h of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. EXCLUDED BINGO ACTIVITY 1.�No �_Yes Has your organization held a bingo event in the current calendar year? If yes, list the dates when bingo was conducted 2. The proposed bingo event for which we are applying will be: ?�,' one of four or fewer bingo events held this year. Dates 11/16 OR �conducted up to 12 consecut+ve days in conneetion with a: �county fair. Dates civic celebration. Dates Minnesota state fair. Dates 3. Person in charge of bingo event David Jenkins Daytime phone 612-618-3330 4. Name of premises where bingo will be conducted Chester Bird American Legion Post 523 5. Premises street address 200 No. Lilac Dr. 6. City Golden Valley If township, name of township County Henn Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Otherwise, bingo hard cards,bingo p aper, and bingo number selection devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and dick on List of Licensed Distributors. Or call 651-639-4000. Be sure to complete page 2 Page 2 of 2 LG240B Application to Conduct Excluded Bingo 3i�� Chief Executive Officer's Signature Q;�� `�� ` ��` �� ., ��.�_ �; The information provided in this application is co plete and accurate to the best of my know/edge. Chief executive officer's signature �� Phone number �I Z (0 ��°�� tvame (p�ease print) David Jenkins �ate 04/06/2012 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits,the city must sign this application. On behalf of the city, I approve this application for p � city name��ld�� i1�1��,--, excluded bingo activity at the premises Jocated within � the city's jurisdiction. Si n ure of ty personnel eiving application Title ��Iflu � Date�� If the gambling premises is located in a township, only the county is required to sign this application. For the county: On behalf of the county, !approve print county name this application for excluded bingo activity at the premises located within the county's jurisdiction. Signature of county personnel receiving application Title Date For the township: On behalf of the township, (Township signature is not required) 1 acknowledge that the organization is applying for print township name excluded bingo activity within the township limits. A township has no statutory authority to approve or Signature of township official acknowledging application deny an application(Minn.Stat 349.166, Subd.2). Title Date Mail Application and Attachment(s) Send the application and proof of nonprofit You w+ll receive a document from the Gambling Control Board with status to: your exGuded permit number for the gambling activity. Your Gambling Control Board organization must keep its bingo records for 3-1/2 years. Suite 300 South 1711 W.County Rd.B Questions? Contact the Gambling Control Board at 651-639-4000. Roseville,MN 55113 This form will be made available in altemative format(i e lar�e print, Or, you may fax itto 651-639-4032. Braille) upon request. ��,'��: '�� . Data privacy notice: The information Your organization's name and Private data about your organization are requested on this form (and any address will be public available to: Board members, Board staff attachments) will be used by the information when received by whose work requires access to the Gambling Control Board (8oard) to Yhe Board. All other information information; Minnesota's Department of determine your organization's provided will 6e private data Public Safety; Attorney General; qualifications to be involved in lawful about your organization until Commissioners of Administration, gambling activities in Minnesota. Your the Board issues the permit. Minnesota Management & Budget, and organization has the right to refuse to When the Board issues the Revenue; Legislative Auditor, national and supply the information; however, if your permit, all information provided international gambling regulatory agencies; organization refuses to supply this wi�l become public. If the Board anyone pursuant to cou�t order; other information, the Board may not be able does not issue a permit, all individuals and agencies specifically to determine your organization's information provided remains authorized by state or federal law to have qualifications and, as a consequence, private, with the exception of access to the information; individuals and may refuse to issue a permit. If your your organization's name and agencies for which law or legal order organization supplies the information address which will remain public, authorizes a new use or shering of requested, the Board wilt be able to information after this notice was given; and process your organization's application. anyone with your writte� cortsent. Regular Meeting of the Golden Valley Planning Commission March 26, 2012 A regular meeting of the Planning Cammission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Manday, March 26, 2012. Chair Waidhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Alsa present was Assistant HRA Qirector Jeanne Andre, Gity Planner, Joe Hogeboom, Planning Intern Bryanna Vidden and Administrative Assistant Lisa Wittman. 1. Cansideration of Resolution No. 12-01 Finding that the Redevelopment Plan for the I-394 Gorridor Redevelopment Project Area (formerly known as the Golden Hills Redevelopment Project) CQnforms to the City's Comprehensive Plan Andre gave a history of the existing Golden Hills Redevelopment Area plan which was created in 1984. She explained that the plan was amended in the late 199Qs to add the Xenia Ave. extension and the current proposal, as a result of the I-394 Corridor Study, is to expand the redevelopment plan and rename it. She stated that the proposed plan was adopted by the City's HRA in March but cannot been officially adopted by the City Council until the Planning Commission determines that it is in accord with the Comprehensive Plan. She showed the Planning Gommission maps of several of the areas in the redevelopment plan and stated that the main goal of this redevelopment plan is to guide the HRA as they work with developers on projects in this area. Cera referred to the plan and asked why some sub-areas have develapment proposals listed and some don't. He referred specifically to the East Area section. Andre explained that there will be a proposal far that area coming forward to the HRA, but the praposal hasn't been formally adopted so it wouldn't be appropriate at this time to discuss proposals in that area. Cera referred to the Central Area and noted that it refers to the buildings being removed from the site even though they have already been removed. Andre said she would make that correction and explained that the redevelopment plan is really just a snapshot in time of the area and it is never going to be completely up to date. Segelbaum asked what is meant by "more intense land uses would be preferred along the southerly section of the area adjacent to Wayzata Blvd" as is mentioned in several Ivcations in the plan. Andre stated that the I-394 Corridor Study and the Mixed Use Zoning District allow taller buildings to be located adjacent to I-394 and then the height steps down as it gets closer to housing to the north. Schmidgall explained that when the Mixed Use Zoning District was developed the idea was to put the more intense commercial development along the freeway to act as a screen for the less intense and residential uses to the north. Kluchka agreed that he doesn't know what the term "intense" means. He suggested using the words more density or taller heights instead. Minutes of the Golden Valley Planning Commission March 26, 2012 Page 2 McCarty asked who uses this document and why the HRA needs to have redevelopment plans. Andre explained that it is a statutory requirement to have a redevelopment plan when there is a redevelopment area. A redevelopment plan is also required in order ta create tax increment finance (TIF) districts. She added that it also used by the Planning Commission, the HRA and City Council to all come together and agree on the intent for the redevelopment area so the development community understands the City's intent. Waldhauser stated that a redevelopment plan is a successor document to, ar another piece af, the Comprehensive Plan. Andre stated that a redevelopment plan is more of a visionary guide needed ta da redevelopment, whereas the Comprehensive Plan and Zoning Code are land use controls that require a higher level of specificity. Hageboom stated that the Golden Hills Redevelopment Plan already exists it just needs to be updated with this amended plan. He reiterated that the Zoning Code states what type of use can be developed in this area. Kluchka stated that a redevelopment plan is really a marketing toal. Hogeboom said yes and stated that these types of plans are used to illustrate what the City wants to see in a redevelopmenfi area. Andre suggested that the Planning Commissian forward any comments to Hogeboom. MOVED by Cera, seconded by Schmidgall and motion carried unanimously to approve Resolution No. 12-01 finding that the Redevelopment Plan for the I-394 Gorridor Redevelopment Praject Area (formerly known as the Golden Hills Redevelopment Project) conforms to the City's Comprehensive Plan 2. Continued Informal Public Hearing —Zoning Code Text Amendment— Amending Section 11.70 "Off-Street Parking and Loading Reguta#ions" —ZO00-89 Applicant: City of Golden Valley Purpose: To consider amending the amount af parking required for certain uses. Vidden reminded the Commission that this item was tabled at their January meeting in order to compare Golden Valley's parking ordinance with other cities, to observe various parking lots within Golden Valley and to discuss parking conditions at various parks throughout the Gity with the Director of Parks and Recreation. She explained that as a result of further study staff is recommending that parking requirements at parks remain the same because the existing parking areas are adequate for everyday use. She discussed the parking conditions at retail locations, gas stations, fast food restaurants and banks and stated that staff is recommending a reduction of parking to 1 space per 30Q square feet of gross floor area for banks, but the parking requirements far other locations appeared to be adequate. Minutes of the G�Iden Valley Planning Cammission March 26, 2012 Page 3 She stated that staff is also recommending that the parking requirements for community centers be changed to 1 space per 300 square feet of grass floor area, multiple family properties be reduced to 1.5 spaces per dwelling unit without requiring enclosed parking spaces, clubs/lodges be reduced to 1 space per 3.5 seats and trade and training schoals be redueed to 1 space per 5 studen�s. Waldhauser referred ta the parking comparison chart and noted that compared to other cities Golden Valley is being aggressive about getting rid of unnecessary parking. Cera referred to gas station parking and asked Vidden if she researched the requirements regarding service stalls. Vidden explained that parking spots at the pumps are not considered service stalls so the recommendation is to keep the requirement at gas stations requiring 8 spaces plus 4 per service stall. Kisch said he likes that the parking ordinance establishes a lower minimum number of parking spaces. MOVED by Kisch, seconded by Kluchka and motion carried unanimously to recommend approval of the amended aff-street parking requirements as presented. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board af Zoning Appeals and other Meetings No reparts were given. 4. Qther Business No other business was discussed. 5. Adjournment The meeting adjourned at 7:50 pm. David A. Cera, Secretary Golden Valley Human Services Fund (GVHSF) Meeting Minutes March 12, 2012 Present: Dan Blumb, Hilmer Erickson, Katie Hart, Elissa Heilicher, Chris Monroe, Connie Sandler and Toots Vodovaz. Also present: Joanie Clausen, Council Liaison and Jeanne Fackler, Staff Liaison. Not Attending: Brenda Hayle and Diane Nimmer Call to Order: Sandler called the meeting to order at 6:47 p.m. No addition or changes to the agenda. February 13 minutes: Erickson moved and Heilicher seconded the motion to approve the minutes from February 13. The motian passed unanimously. Run the Valley: Fackler presented a proposal from Flash! digital photos to take photographs at the Run far participants. After discussion, it was decided to allow Flash! to have an area far picture taking as long as it is voluntary for the participants. The falfowing sponsors have been confirmed: Liberty Carton, Fisher Family Foundation and Solbrekk Business Technologies monetary sponsorships. AI's Coffee - 30 cases water Channel 12 will announce at the event and promate on TV and the web. Go H�alth - chair massages after the event Valley Pastries - 4 doz cake donuts Yoplait USA - 48 cases of yagurt Perkins 394 and Hiway 55 - 600 mini muffins Finken/Great Glacier Water- 3 jugs water Road ID - race numbers Old Fashioned Donut Shoppe - 3-4 boxes of rolls Einstein Bros Bagels - sliced bagels Heilicher will contact Lupient Enterprises. Volunteers: Vodovoz reported that TreeHouse will send 3 volunteers, Home Free will send 5 volunteers, and SCS will send 5 volunteers. Name tags will be made for the volunteers and position descriptions will be available. More volunteers are needed for the course. Six people are needed at the finish line. Hart and Clausen will host the food area for the event. T-shirt runners (2 per race area) are needed to assist with check in. Clausen tried contacting the Viking cheerleaders. A request must be made in writing. Assignments will be determined at the April meeting. Members suggested posting the event on CommonPlace. Fackler will send a notice through the Distribution Listserve. Clausen will announce the even� at the Gauncil meeting. Fackler will ask the Police Department to past an announcement at the Laurel Apartments and candos about the race day and route. It was also suggested to notify the residents through the Neighborhood Watch postings. Race day logistics were discussed. Calendar review: Golf Classic will be held on Friday, July 13. Taste of Golden Valley date has not been set. Sandler has talked to the GVCF for possible co-sponsarship and adding to the Golden Valley Hall of Fame as part of the event. Other Business: Community Foundation: Sandler reported the CF has been receiving response to the solicitation letter. The group is focusing how to best serve the needs of the community. Valley Days: Valley Days will be held on May 19. Farmer's Market: Clausen is unable to provide the recyclable bags for the GVHSF. Nimmer contacted a supplier and received a cost of$2/bag. Members would like to share a table with the CF and Valley days, rotating throughout the season. Discussion will continue in April. Adjournment: Sandler reminded the members the next meeting is April 9 at 6:45 p.m. Heilicher moved to adjourn the meeting, Hart seconded the motion. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes March 26, 2012 Present: Commissioners Tracy Anderson Rich Baker, Dawn Hill, Lynn Gitelis, Jim Stremel, Damon Struyk; Jeannine Clancy, Public Works Director; and Lisa Nesbitt, Administrative Assistant Absent: Commission Debra Yahle 1. Call to Order Baker called the meeting to order at 7:02 pm. 2. Approval of Joint Meeting Minutes — Februarv 27, 2012 MOVED by Hill, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the February 27, 2012 meeting as amended to show the correct spelling of Commission Struyk's last name. 3. Approval of Reqular Meetinq Minutes — February 27, 2012 MOVED by Hill, seconded b�r �itelis, and the motion carried unanimously ta apprave the minutes of the February 27, 2012 meeting as amended to show the correct spelling of Commissian Struyk's last name. 4. 2012 Planninq Commissioners reviewed the possible priorities for 2012 identified at the last meeting. They narrowed the list to six categories —transportation alternatives, solar panels, composting, natural area management, student/school projects and a green fair. Each commissioner ranked his/her top three priorities. Baker will prioritize based on the rankings and draft a memo to Council. The memo will be sent to each of the commissianers, via staff, for review and comments before the next meeting. The goal is to review the plan with Council at a Council/Manager meeting in May or June. 5. Proc�ram/Proiect Updates A summary of the program/project updates is on file. Additionally, Clancy reported that the City's annual public meeting regarding the NPDES MS4 Stormwater Permit will be held at the June 19, 2012 City Gouncil meeting. Staff will present the 2Q11 report at the public meeting. The report is due to MPCA on June 30th. MPCA is currently developing a new Draft MS4 Permit which will likely take effect in the fall of 2012. Staff is monitoring the progress of this permit as it nears completion. 6. Commission Member Council Reports Baker attended the March 6, 2012 Council meeting to request approval and authorization for the May to sign the letter to the Minneapolis Park Board regarding the Wirth Lake clean- up. Struyk reported that the Minneapolis Park Board Citizens Advisory Committee (CAC) met on March 20th to review the design of the new North Wirth golf area. The next CAC meeting is April 10tn Minutes of the Environmental Commission March 26, 2012 Page 2 of 2 7. Other Business Stremel attended the City Engineers Association conference in January. One of the presenters spoke about the trend towards natural gas. His report on sustainable transportation in the City of Surrey BC is on-file. Stremel also shared an article about an agreement between Rational Energies HC, Inc and Hennepin County for Rational Energies to separate and recover metal and plastic recyclable materials from the incoming municipal solid waste stream and the Brooklyn Park Transfer Station. The full article is on-file. In preparation for the annual report to the Council, staff will review the minutes from 2011 and make a list of accomplishments which will be brought to a future meeting. 8. Adiourn MOVED by Stremel, seconded by Struyk, and the mation carried to adjourn. The meeting adjourned at 8:30 pm. The next scheduled meeting will be April 23, 2012 at 7 pm. GQLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes February 27, 2012 1. Call to Order Sandler called the meeting to order at 8:05 PM. 2. Roll Cal{ Present: Roger Bergman, John Cornelius, Brad Kadue, Kelly Kuebelbeck, Emily Piper, Jerry Sandler, Rick Jacobson, Director of Parks and Recreation, and Joanie Clausen, Council Member. Absent: Bob Mattison, Anne Saffert and Dan Steinberg. 3. Approval of Minutes —January.30, 2012 MOTION; MOVEQ by Bergman and seconded by Cornelius to approve the January 30 meeting minutes. Motion carried unanimously. 4. Golden Vallev Girls Softball Leac�ue Update - Tommy Thompson Thompson, President of the Golden Valley Girls Softball League, introduced himself and shared that he's had kids in the league since 2003 and has served on the board since 2006. Thompson said there were 560 girls in program last year with 43 teams; 26 in the senior division and 17 in the junior division. He said the program continues to thrive, so much so they had to add a new junior team bringing the total to 17 teams. In addition to the hause league, they also have seven traveling teams which play more competitive tournaments in various cities. All seven teams went on to the state tournament. At the end of the year, they have all-star games for both divisions. Just this past year, they also invited senior alumni. They had great participatian. Last year they had to cancet 1/3 of their senior division games due ta rain or heat. Thompsan mentioned the Golden Valley Fire Department is offering a Severe Weather Awareness seminar, which the association has paid for their coaches and umpires to attend. They also plan to have coaches take an online concussion seminar. Thompson said the association's website has been updated and is more user- friendly and informative. He invited the commission to visit at: www,q_vqs.orq Thampson also mentioned that Bob Mattison has written a book about the history of the Golden Valley Girls Softball league, The Game Is For The Girls. Minutes of the Golden Valley Open Space and Recreation Commission February 27, 2012 Page 2 5. Scheid Park Propertv Jacobson said the City has signed a purchase agreement with the executor of the family that lived in the home. A closing date has not been yet been decided. 6. Updates Park Turf Management Proposal The commission discussed the proposed plan, as presented by AI Lundstrom at the joint meeting with the Environmental Commission, and agreed upon the following motion: MOTION: MOVED by Piper and seconded by Cornefius to accept the concept of promoting natural growth in our city parks while encouraging consultation and communication with the neighbors and the youth athletic associations. Motion carried unanimously. 2014 International Little League Congress Sandler said Minneapolis was chosen to host the 2014 International Little League Congress. This will be a special convention celebrating Little League's 75tn Anniversary. Sandler also added that he was nominated the local chair for the convention. 7. Adiournment MOVED by Piper and seconded by Kadue to adjourn at 8:55 PM. Motion carried unanimausty. Minutes af a Regular Meeting of the Golden Valley Board of Zoning Appeals March 27, 2012 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, March 27, 2012 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesata. Chair Nelson called the meeting ta order at 7 pm. Those present were Members Boudreau-Landis, Maxwell and Nelson, and Planning Commission Representatives McCarty and Waldhauser. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes — February 28, 2012 Regular Meeting MOVED by Boudreau-Landis, secanded by McCarty and motion carried unanimously to approve the February 28, 2012 minutes as submitted. Waldhauser abstained from voting II. The Petition(s) are: Rhode Island LLC, Applicant (12-03-03) Lots 6, 7, 8 and 9, Block 3 and Lots 7, 8 and 9, Black 4, Cottage Grove Addition: Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(d) Wall Articulation Requirements • City Code �equires any wall longer than 32 feet in length to be articulated. The applicant is asking for a variance from this requirement. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3j(c) Side Yard Setback Requirements • City Code requires an increase in side yard setback area for houses aver 15 feet in height. The applicant is asking for a variance from this requirement. Lot 10, Block 3 and Lot 10 Block 4, Cottage Grove Addition: Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(d) Wall Articulation Requirements • City Code requires any wall longer than 32 feet in length to be articulated. The applicant is asking for a variance from this requirement. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(c) Side Yard Setback Requirements Minutes of the Golden Valley Board of Zoning Appeals March 27, 2012 Page 2 • City Code requires an increase in side yard setback area for hauses over 15 feet in height. The applicant is asking for a variance from this requirement. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • City Code requires structures to be located 35 feet away from a front yard property line. The applicant is proposing to build the houses 25 feet from the front yard property line along Harold Avenue. Hogeboom gave a brief history of the land use in this area. He explained that the General Land Use Plan Map adopted as part of the City's Comprehensive Plan in 2008 designated this area for high density housing. After further study, it was decided by the City Council that this area wasn't appropriate for high density housing so the General Land Use Plan Map was amended back to low density housing which allaws for Singte Family (R1) or Two-Family (R2) zoning. Hogeboom referred ta a site plan and explained that there are currently faur homes sitting on nine existing lots of record so a developer has the right to construct homes an these lots even though the �ity's current requirements would not allow lots of this size today. McCarty asked if the developer would need Planning Commission and City Council approval if they decided to reconfigure the lots. Hogeboom said yes. Nelson asked about the side yard setback requirements if the house is 15 feet in height or less. Hogeboam stated that the north side yard setback wouid be 10% of the lot width and the south side yard setback would be 20% of the lot width. Nelson asked if there are any requirements regarding the depth of a lat. Hogeboom said there are no requirements regarding the depth of a lot, but the front of a lat has #o measure 80 feet in width, or 100 feet in width if it is a corner lot. Nelson noted that the homes are bank-owned, active listings and asked if the applicant owns the properties yet. Curt Fretham, Applicant, stated that they are scheduled to clase on the properties this week. Waldhauser asked if conditians can be added to a variance approval. Hogeboom said the Board can make changes to the requested variances but adding conditions is not recommended. Fretham referred to the 2008 amendments to the Zoning Code that required articulation and increased side yard sefibacks for houses taller than 15 feet. He said he feels that those amendments didn't take into consideration narrawer lots like these. He said he Minutes of the Golden Valley Board of Zoning Appeals March 27, 2012 Page 3 thinks the intent of the amendments was to prevent McMansions, but the variances he's seeking are consistent amongst all of the lots so no one house will stick out. He showed the Board illustrations of homes they built in Edina which would be similar to the ones he is proposing for these narrow lots. He referred to the variance regarding articulation requirements and explained the reason he asking for that variance is to allow for 2-stall attached garages rather than detached garages. He said he feels having attached garages would be more in character with the neighborhood and the community. Nelson asked about the size and price range of the proposed homes. Fretham said the homes would be in the $350,000 to $400,000 price range and be approximately 2,200 to 2,500 square feet, with 3 or 4 bedrooms and 2.5 to 3 bathrooms. McCarty asked about the square footage of the existing homes. Fretham said he didn't know the size of the existing homes. Waldhauser asked haw long the back wall of the proposed new hames would be. Fretham said they would be approximately 40 feet in length. He added that he understands the articulation requirements, but in this case articulating the backs af the homes would take away the articulatian on the fronts of the homes. Waldhauser asked Fretham if he is determining the design of the homes or if the individual homeowners will determine the design. Fretham said the design could change slightly from the pictures he showed and homeowners will be able to choose some of the design features. Nelson asked if a buyer wanted #a have more square foatage if the depth of the house, not the width would be increased. Frethem said yes, in that case the depth of the house would be increased. Nelson asked if they have to build this many houses to make the project economically feasible. Fretham said he is buying these properties regardless of how many houses can be built and that he will build something on the properties. Waldhauser asked if the propertiss could be developed with twin hames. Hogeboom said if twin homes were proposed the properties would need to be rezoned to R2. He added that he thinks what the applicant is proposing, with the requested variances, will look better than if he constructed homes that conform to the Zoning Code requirements. Maxwell noted that detached garages may work on these lots. Hogeboam said he wasn't sure if detached garages would work because driveways are required to be three feet away from the side yard property lines. McCarty said he would be inclined to grant variances for the driveways. He noted that there could also be attached garages on the backs of the hames. Fretham said garages on the backs of the homes would take a large portian of the back yards. Nelson said she agrees that detached garages wauld have a negafiive impact to the existing homes in the area. Minutes of the Golden Valley Board of Zoning Appeals March 27, 2012 Page 4 Waldhauser stated that if the Board were willing to bend on the side yard setback requirements then the applicant may be able to meet the articulation requirements. Hogeboom said he thinks the applicant intends to articulate the walls where possible, it would just allow him to have mare flexibility if he gets a variance from that requirement. Fretham suggested possibly allowing the articulation to encroach into the setback area, but his preference would be to have straight lines. McCarty asked Fretham what research is indicating that this is a good area for this type of development when there are houses sitting there vacant now. Fretham said his first- hand experience with similar types of infill development has been successful. Hogeboom added that the homes aren't vacant because peaple don't want to buy homes in this area; they are vacant because they were foreclosed. Waldhauser asked Fretham if it would wark for him if a potential buyer wanted to build a smaller home. Fretham said yes. McCarty asked Fretham how many of his other projects have been next to major highways. Fretham said several of his developments have been near busy roads. He gave examples of project he's done in other cities and noted that these kinds of issues are part of the nature of doing infill develapments. Waldhauser noted that there would be some buffer from Highway 55 because the lots ta the north have a home or a pond between them and the Highway. Waldhauser asked how the grading on the site would be done. Fretham said the homes will probably not be walk-outs and he is proposing to do a grading plan for the entire site. He said that it appears that there are a lot of nice trees on these properties but there really aren't. There are diseased elm trees that need to be removed. He said he doesn't think he'll be interfering with the nicer, mature trees. McCarty asked Fretham how he defines the character of Golden Valley. Fretham stated that many neighborhoods have a lot af different housing stock and that is their character and other neighborhoods are defined by the size of lots rather than #he houses. Waldhauser stated that a new character will be created with this new neighborhood. Hogeboom added the neighbors and the City Council have defined the character of this area as single family homes. Nelson asked Fretham to address the unique circumstances of these properties that were not created by the landowner. Fretham stated that they already exist as 50-foot wide lots and the amendments to the Zoning Code in 2008 changed what kinds of houses could be built an these properties. MeCarty noted that there are several areas in Golden Valley with narrow lots. They just have more design involved. Fretham agreed and said that many houses designed on narrow lots have flat roofs but he really doesn't want to build that type af house in this area. Minutes of the Golden Valley Board af Zoning Appeals March 27, 2012 Page 5 Waldhauser asked if the homes on the corner lots will be taller. Fretham said they will not be taller but they will have different roof lines. Nelson opened the public hearing. Larry Kueny, 7303 Ridgeway Road, said he totally supports this proposal becaus� the neighbors fought hard to get rid of a senior housing development that was being considered for this area. Hearing and seeing na one else wishing to comment, Nelson closed the public hearing. Waldhauser said she thinks for lots that already exist this proposal is a good fit. Maxwell said he is supporkive of the proposal as well. Nelson referred to the state statute regarding the granting of variances and said she feels this proposal is in harmony with the intent of the Zoning Code and the Comprehensive Plan, it is a reasonable use of the property, it will not alter the essential character of the neighborhaod and the sizes of the existing lots were not created by the landowner. McCarty stated that the Board typically gets a specific request for a specific variance. This propasal is mare like a blanket vanance or a carte blanche variance for the area. Fretham said he is trying not to make nine separate variance applications. Maxwell suggested that the language in the approval state that no wall could be longer than 48 feet without articulating. Fretham noted that he is not asking for variances from the side yard setback requirements. He is asking for a variance from the requirement regarding the increased side yard setback area once the house is taller than15 feet. McCarty said he thinks the varied roof lines help break up the facade even if the walls don't articulate. Boudreau-Landis agreed and said he feels articulation can be addressed in other ways such as landscaping. Nelson added that this is also going to be a new neighborhoad so the houses won't be built right next to an existing house. Waldhauser questioned if the Board should put a limit an the length of the walls. Maxwell suggested limiting the length of the walls to 50 feet before they need to be articulated. MOVED by Maxwell, seconded by Waldhauser and motion carried unanimausly to apprave the variance request to allow walls to be 50 feet in length withaut articulating for the houses on Lots 6, 7, 8 and 9, Block 3 and Lots 7, 8 and 9, Block 4. MOVED by McCarty, seconded by Maxwell and motion carried unanimously to approve the variance request waiving the requirement regarding side yard setbacks increasing if the house is taller than 15 feet for the houses on Lots 6, 7, 8 and 9, Block 3 and Lots 7, 8 and 9, Block 4 (The houses shall still meet the side yard setback requirements). Minutes of the Galden Valley Board of Zoning Appeals March 27, 2012 Page 6 Maxwell asked about the length of the back wall of the homes on the two corner lats. Fretham stated that the walls on the north side of the homes are proposed to be 70 feet long with no articulation. He stated that he could move the hauses forward slightly in order to have more room to articulate the backs of the homes but he would then have to amend his variance request to allow the front af homes to be 23 feet away from the front yard property line along Harold Ave. rather than 25 fieet as requested. He said another idea would be to articulate the walls by 1 foot, rather than the required 2 feet which would require the articulation to go into the side yard setback area. Waldhauser stated that the rear of the homes on the corner lots will hardly be visible. McCarty suggested that the roof lines be broken up or a dormer be added ta break up the long facade along the backs of the homes. Hogeboom stated that the notification to the neighboring properties indicated that the front yard variance request was for 25 feet along Harold so he didn't think it would be fair to change the request at this point. McCarty said he is not interested in allowing a larger front yard variance and he would rather that the facade along the backs of the houses be broken up visually. Hogeboom said staff can work with the applicant to help him meet the guidelines regarding what type of structure can or can't be located in a setback area. Nelson asked which lot the model home will be built on. Fretham said Lot 8. Waldhauser asked if the homes on the corner lots are located right at the rear yard setback line or if they could be langer than shown on the plans. Fretham stated that there may be enough room to add a third garage stall but that could be articulated. Maxwell stated that the Board could grant a variance for an unarticulated wall to be 7Q feet in length and ask that the applicant work with staff on ways to break up the facade of the back wall by using bay windows or cantilevers, etc. McCarty said he thinks the Board's hands are tied because they don't know the exact design or dimensions of any of the proposed houses. Waldhauser said the Board could restrict the length of the walls to 50 feet before they are required to articulate for the corner houses like they did for the other houses. Maxwell stated that the carner lots are ariented a different way than the other lots. MOVED by Maxwell, seconded by �oudreau-Landis and motion carried 4 to 1 to approve the variance request to allow no articulation of the walls for the houses on Lot 10, Block 3 and Lot 10, Block 4. Waldhauser voted no. MOVED by Maxwell, seconded by Waldhauser and motion carried unanimously to Minutes of the Golden Valley Board of Zoning Appeals March 27, 2012 Page 7 to approve the variance request waiving the requirement regarding side yard setbacks increasing if the house is taller than 15 feet for the homes on Lot 10, Block 3 and Lot 10, Block 4 (The houses shall still meet the side yard setback requirements). MOVED by Maxwell, seconded by Waldhauser and motion carried unanimously ta the variance request to allow the houses on Lot 10, Block 3 and Lot 10, Block 4 to be built 25 feet from the front yard property line along Harold Avenue. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:50 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of March 1, 2012 The Golden Valley — Crystal — New Hope Joint Water Commission meeting was called ta order at 10:05 am, in the City of Golden Valley Manager's Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Guy Jahnson� Director of Public Works, New Hope Bernie Weber, Utilities Supervisor, New Hope Tom Mathisen, Director of Public Works/City Engineer, Crystal Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Supervisor, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Approval of Aci,reement with Stantec Clancy presented a revised Professional Services Agreement with Stantec for the following two projects: 1. JWC Transmission Line, CSAH 9, Xerxes Avenue North to CR $1 2. Minneapolis/Golden Valley Water Meter Improvements At its December 7, 2011 meeting, the JWC approved $57,200 for pre-design field work and the engineering partian for the CSAH 9 project with Stantec. After negotiation and scope refinement, the amaunt was revised ta $94,380. Mathisen reported that Hennepin County has agreed to pay 27.5% of the CSAH 9 project cost (construction and engineering). p cooperative agreement between the Gaunty and the JWG will be forthcoming. The total project cost includes some allowance far soil correction; however, the County has conducted some additional soil investigation and found more areas of peat that may need piling installed ta stabilize the soil which may also increase the project cost. Clancy reported that the cost estimate for the Minneapolis/Golden Valley water meter improvements will be abaut $200,000 to $300,000 and Minneapolis has agreed to pay 50% of those costs. MOVED by McDanald, seconded by Norris and motion carried unanimously to approve the agreement with Stantec for (1) the JWC Transmission Line, GSAH 9, Xerxes Avenue North to CR 81; and (2) the Minneapolis/Golden Valley Water Meter Improvements. Joint Water Commission March 1, 2012 Page 2 of 2 Tri-Citv Council Meetinq A tentative date for the Tri-City Council meeting was set for 6 pm on Monday, May 7, pending confirmation by the three city councils. The agenda will be the Water Interaction Study and emergency water planning efforts, and flooding in the area of Medicine Lake Road/Winnetka and the DeCola Pands neighborhood. A facilitator will be hired to mediate the surface water issues and the emergency backup water supply plan. Clancy will talk to Bonnie Morey, SEH, to see if she is available. If Morey is available to attend the tri-city councils meeting, Clancy will request a cost estimate and invite her to meet with the TAC so the TAC can acquaint her on the issues that will be presented. Golden Valley staff will ask Barr Engineering Co. ta facilitate the Medicine Lake Road/DeCola Ponds discussion. Norris will confirm that the Crystal Community Center is available for the meeting. In the meantime, the JWC TAC will work on developing a cost estimate for the emergency water supply plan to present to the three city councils spanning the next five years. The TAC will also meet with Barr Engineering Co. to discuss modeling results of the Interaction Water Study and options to address the Medicine Lake Raad/DeCola Ponds flooding concerns. Other Business None. Next Meetinq The next scheduled meeting is Wednesday, April 4, 2012, at 1:30 pm. Adjournment Chair Burt adjourned the meeting at 10:28 am. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary ��1 C?� w� Public Works Department 763-59�-8Q30 l 763-593-3988(fax) �w��'��;�;�.. ,x .M�� 1 ��a��v;.��.�.��?�"i:�a��—�.. '-„ ��.��`� .....,x ..: I��1��.��,,��;�� _. �'�u��!�a`��'��;.. �.«, �.. �� Executive Summary Far Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. E. 1. 2012 Street Cvnstruction and Maintenance Materials Quotes Prepared By leannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Staff has received quotes for concrete and asphalt materials used in Public Works maintenance activities. Funding will be from the adopted 2012-2013 Biennial Budget, Street Maintenance 1440-6334 (page 53). A copy of the bid tabulation is attached. Staff recommends award of contracts to the low bids for each material as follows: Materials Contractor Quote Type LV4 Wearing Course Mixture C.S. McCrossan Construction, Inc. $50.OQ/Ton Type LV3 Non-Wearing Course Mixture C.S. McCrossan Construction, Inc. $46.50/Ton Type SP 9.5 Wearing Course Mixture C.S. McCrassan Construction, Inc. $51.50/Ton Type SP 12.5 Non-Wearing Course Mixture C.S. McCrossan Construction, Inc. $52.50/Ton Type 3A32 Concrete Mixture Knife River $102.98/CY Type 4000# Concrete Mixture Knife River $102.98/CY Extra Delivery Cost for Loads under 5 Cubic Yards Knife River $2$.96/CY Attachments • Tabulation of the 2012 Street Construction & Maintenance Material Quotes (1 page) Recommended Action Motion to award contracts for the 2012 Street Construction and Maintenance Materials to the following companies in the amount shown: 1. C.S. McCrossan for Type LV4 Wearing Course Mixture at $50.00 per ton, Type LV3 Non- Wearing Course Mixture at $46.50 per ton, Type SP 9.5 Wearing Course Mixture at $51.50 per ton, and Type SP 12.5 Non-Wearing Course Mixture at $52.50 per ton. 2. Knife River for Type 3A32 Concrete at $102.98 per cubic yard and Type 4000# Concrete Mixture at $102.98 per cubie yard and extra delivery casts for concrete loads under 5 cubic yards at $28.96 per cubic yard. � i I I ' Z II � � w � , > a I ' ' � ' w LL Z w . li � �. I . Y U �� . �. ao � ro to �� a z ' z �'. z z � o o °0 I . � N Z � ' H � Q I� � � I � � , , Z � > a W U � o °o o ' a z z ' z z N �°v � z �, �, "' ', ' � , I U Z � � �. ��. � fN Z i �, , � , , �� . � � i I � I II QQ .. ',. ,, . ��, �. ,I ' . �,, � ' I ! I cn W , , I il II 7 U i z a �°n � �' co '�. v , '��. . �, ��i g . vi '. o � � <o �, Z Z . Z , . . � ~ � � � � I , I � z � m � � I z , ' w I z I ~ ' Q = � I I '� a � � ~ w a a � Z Q Q u m � � U ��.. � Z �. V W Q:. N N � , � � 2 � F � � � � 2 Z Z H . Zp Z w w cn � w . � W V � � H , W �� 2 I U Q � I � � c� z a �tS ? � ° O � a I � i v � 3 � cUi w � ,, �. ;. . . �� o �'�, �. U O~ � � °o I v°� ,. �°n �,, v°) f� , f� [� �. 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Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. E. 2. Purchase Green/Tee Mawer- Quotes Prepared By Rick Jacobson, Director of Park and Recreation Greg Spencer, Golf Course Superintendent Summary The 2012-2016 Capital Improvement Program GC-003 (page 64) includes $26,000 for the purchase of one green/tee mower. The mower will be equipped with three reels for mawing galf course greens and tees at Brookview Golf Course. The mower will replace an existing 2001 green/tee mower. The mower was budgeted for purchase in 2011, however, with the extremely wet season last year, it was decided to deiay the purchase until this year. The old unit will be sold, which will help cover the cost increase over the amount budgeted last year. Any remaining overage will be financed from the working capital of the Brookview Golf Course fund. The Minnesota Materials Management Division awarded Contract No. 44063 for this mower to MTI Distributing. The City's cost to purchase the green/tee mower is as follows: Contract No. Item Vendor Amount 44063 Golf Course Green/Tee Mower MTI Distributing $27,179.55 MN State Sales Tax $1,868.59 Purchase Price to City $29,048.14 Recommended Action Motion to approve the purchase of one new green/tee mower from MTI Distributing for a total purchase price, including Minnesota sales tax, in the amount of$29,048.14. �:1��1 t�� Public Works Department 763-593-8030/763-593-3988(fax} �ii�i:m�w....u...i+�v::W',*'�*-,'V-n:��I��I��hii641�:�iltii�M��.m'�Hx p. ,.`sa�%...ra�aa�n��ii�tlM,..�i;S�IN�r�S?�w�0`R,�',-`.4 ';. ..a.»"�.,i�'k��!v�^��N��h��*rt„ro�..:..�i�1�44Y�4;t!u�"�-.�.�...>..�?�. '{`'s��.�'t�ktt«�"Qik'.,....��:: ,`?9.`��W�'�Z�k�',a�`ms.,...:r_..._;��. Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. F. Praclamation for Arbor Day and Arbor Month Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Parks Maintenance Supervisor Summary The City was recently awarded the 2011 Tree City USA Award and a Growth Award. It is the 25th year Golden Valley has received the national recognition and the 6th Growth Award. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four standards: 1. Operate a forestry division 2. Have a tree ordinance 3. Manage a comprehensive community forestry program 4. Observe Arbor Day This year's Arbor Day activities will be celebrated with the fourth grade class of Noble Elementary School located at 2601 Noble Avenue North on May 1Q at 1,30 pm. The event will include a short presentation at the school about the value of urban trees. Staff will award prizes to the winners of the Arbor Day poster contest followed by a recitation of the City's Arbor Day Proclamation. The fourth grade class will end the program by planting a tree on school grounds and staff will provide packaged tree seedlings for each of the fourth grade students to take home and plant. Staff has conducted Arbor Day programs at several elementary schools throughout the community in the past. However, Noble and Park Valley Elementary have been the primary ev�ent locations over the past few years due to interest and requests expressed by the schools. Both schools have integrated the program into their environmental curriculum. Attachments • Proclamation for Arbor Day - May 10, 2012 and Arbor Month - May 2012 (1 page) Recommended Action Motion to adopt a Proclamation for May 10, 2012 as Arbor Day and May 2012 as Arbor Month in the City of Golden Valley. CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY - MAY 10, 2012 AND ARBOR MONTH - MAY 2012 WHEREAS, Golden Valley's urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in aur city increase property values, enhance the economic vitality of business areas, and beautify aur community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree �ity USA by the National Arbor Day Faundation and desires to continue its urban forestry efforts; NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, do hereby proclaim May 10, 2012 as Arbor Day and May as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become mare aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley's great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 1 st day of May 2012. Shepard M. Harris, Mayor �� City Administration/Cauncil 763-593-3991 !763 593 8109(fax) , , � � �>�;:�� ...��,��....��.. .�R.�.�;��A p �� .. ,=�� '��,� . _.:�� `°,��,.. .��.�,��.: � Executive Summary For Action Golden Valley City Council Meeting May1, 2012 Agenda Item 3. G. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $20 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachments • Beer and/or wine request list (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST CG DATE INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED Paula Pentel 05-11 5 pm — 10 pm large 05-01-12 Belgard Enterprises 05-17 5 pm — 10 pm large 05-01-12 Preferred One 05-24 11 am — 10 pm large 05-01-12 Preferred One 05-24 11 am — 10 pm small 05-01-12 Penny Thompson-Burke 06-08 5 pm — 10 pm small 05-01-12 Cargill 06-08 11 am — 10 pm large Q5-01-12 Catherine Ruff Q6-10 11 am —4 pm large 05-01-12 Nancy Kaster 06-13 5 pm — 10 pm large 05-01-12 Karen Garren 06-15 5 pm — 10 pm large 05-01-12 Dean Crawford 06-16 5 pm — 10 pm large 05-01-12 Kristi Michaelson Q6-16 5 pm — 10 pm small 05-Q1-12 Jennifer Rosenberg 06-96 11 am —4 pm large 05-01-12 Allan Besner 0�-22 5 pm — 10 pm large 05-01-12 Estonian Society of Minnesota 06-24 11 am -4 pm small 05-01-12 Nancy Kaster 06-27 5 pm — 10 pm large 05-01-12 Christine Nagle 06-3Q 5 pm — 10 pm large 05-01-12 Jennifer ponahue 06-30 11 am —4 pm large 05-01-12 Marion Hendel 07-04 11 am —4 pm small 05-01-12 Richard Bass 07-08 11 am —4 pm large 05-01-12 Messerli & Kramer 07-10 11 am — 10 pm large 05-01-12 Nancy Kaster 07-11 5 pm — 10 pm large 05-01-12 Zazilha Alvarado 07-14 5 pm — 10 pm small 05-01-12 Dale Olson 07-15 11 am —4 pm large 05-01-12 Carlson Companies 07-18 11 am -4 pm large 05-01-12 CLA 07-20 5 pm— 10 pm large 05-01-12 Lillian Weiss 07-21 11 am —4 pm large 05-01-12 Lillian Weiss 07-21 11 am —4 pm small 05-01-12 Morcon Construction 07-21 5 pm — 10 pm large 05-01-12 Lori Heilman 07-22 11 am —4 pm large 05-01-12 Nancy Kaster 07-25 5 pm — 10 pm large 05-Q1-12 Christine Wing 07-28 11 am —4 pm large 05-01-12 Rvbert Half International 08-02 5 pm — 10 pm large Q5-01-12 Patricia Overs 08-04 11 am —4 pm small 05-01-12 Patricia Overs 08-Q4 5 pm — 10 pm large 05-01-12 Nancy Kaster 08-08 5 pm — 10 pm large 05-01-12 Catherine Rich 08-11 11 am —4 pm large 05-01-12 Lynn Schneider 08-11 5 pm — 10 pm large 05-01-12 Daryl Fortier 08-12 11 am —4 pm large 05-01-12 Mel Foster Co. 08-16 11 am — 10 pm large 05-01-12 Nancy Coaper 08-18 11 am — 10 pm large 05-01-12 Nancy Kaster 08-22 5 pm — 10 pm large 05-01-12 Beth Lockman 08-24 5 pm — 10 pm large 05-01-12 Nancy Penick 08-26 5 pm — 10 pm large 05-01-12 Nancy Penick 08-26 5 pm — 10 pm large 05-01-12 Nancy Kaster Q9-12 5 pm — 10 pm large 05-Q1-12 Linda Senechal 09-16 11 am —4 pm large 05-01-12 Susan Johnson 09-22 11 am —4 pm small 05-Q1-12 Leslie Leik 09-28 5 pm — 10 pm large 05-01-12 Church of the Holy Family 09-29 11 am —4 pm large 05-01-12 �� Palice Department 7&3-593-8079/763-593-8098{fax) Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. H. Second Consideration - Ordinance#483 - Amendment to the 2012 Master Fee Schedule - Vehicle Forfeitures Prepared By Nathan R. Gove, Commander Summary Minnesota law concerning vehicle forfeitures allows a police agency to charge an administrative fee to cover the costs associated with the forfeiture when returning a forfeited vehicle to a financial institution with a valid security interest or valid lease [169A.63 Subd. 11 (a) & (b). Staff time and legal costs are incurred by our City during the forfeiture process. Impound and storage fees are paid to the towing company before a forfeited vehicle is released, however no fee is currently charged by Golden Valley to cover our costs. At the April Council/Manager meeting the Council discussed the administrative fee and requested staff bring back the item to a Council meeting for consideration. Staff is requesting the Master Fee Schedule be amended to include an administrative fee in the amount of$750 to cover the City's casts associated with the vehicle forfeiture. The City Council approved the ordinance on its first consideration on April 17, 2012. If the Council adapts the ordinance on its second consideration, it will be effective upon publication. Attachments Ordinance #483, Amendment to the Master Fee Schedule -Vehicle Forfeitures (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #483, Amendment to the Master Fee Schedule - Vehicle Forfeitures. ORDINANCE NO. 483, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Vehicle Forfeiture The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Vehicle ForFeitures per vehicle $750 not including towing and storage eharges Section 2. City Code Chapter 1 entitled "General Pravisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by referenee, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by iaw. Adopted by the City Council this 1st day of May, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �� „ Finance Departrnent 763-593-8013/763-593-8109(fax) `° ��r� � ��i�� : ��r�E�� ..-�_ _��.r�,' ��,>.�:.�� ..,.�a �n �..�� , .�.�� . �� Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. I. Waiver of Public Hearing and Certification of Special Assessments - 2010(B) Sanitary Sewer Repairs Prepared By Susan Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their sanitary sewer improvement over time with their property taxes. This work was dane by the contractor for the PMP and was billed at the time of completion of the project. Terms are the same as the 2010 project. Attachments • List of Sanitary Sewer Repairs Assessed in 2010(B) (1 page) • Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments an Sanitary Sewer Repairs that Involve 2010(S) City Street Improvemetns (1 page) Recommended Action Motion to adopt Resalution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Invalve 2010(6) City Street Improvements. 2010 Sanitary Sewer (B) Levy 18181 PID Address Assessment 33-118-21-33-0034 125 Cutacross Rd 2,448.20 33-118-21-33-0052 203 Cutacross Rd 2,448.20 4,896.40 { Resolution 12-34 May 1, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND QRDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2Q10(B) CITY STREET IMPROVEMENTS Pro'ect Years Interest Rate First Year Lev Total Assessed 2010(B) 10 7% 2013 $4,$96.40 Sanitary Sewer Repairs 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various sanitary sewer repairs(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of July 1, 2012 through December 31, 2013, will be payable with general taxes for theyear of 2012, collectible in 2013, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each cansecutive year thereafter unless the entire assessment is paid in full by June 30, 2012. 4. The owner may pay off the assessment in full after June 30, 2012 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit ta the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists af the Caunty and the County Auditor shall thereafter collect said assessment in the manner provided by law. 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 fallowing 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. t"l t.�' C�� Finance Department 763-593-8013!763-593-8109(fax) �:. ��. -� ��,��?�'��m��`�. ��.�+�'��d�4�'�r=�!�w.s . . .� �*�... -. .--°��t�"��.-:»� .. ;:��¢ . ��`�i��'.�;<.. ;..��' .,i�"��^"��.��.�.3.,= Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 3. J. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code: Financing of the Ci#y's 2013 and 2014 Pavement Management Prepared By Susan Virnig, Finance Director Summary The follawing resolutions will allow the City to be reimbursed for expenditures related to the 2013 and 2014 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for these projects and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the projects. At#achments • Resolution Relating to the Financing of the City's 2Q13 Road Construction Program: Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) , • Resolutian Relating to the Financing of the City's 2014 Road Construction Program: Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of the City's 2013 Road Construction Program: Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Motion to adopt Resolution Relating to the Financing of the City's 2014 Road Construction Program: Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 12-35 May 1, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2013 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota(the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations(the "Regulations") dealing with the issuance of bonds all ar a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake a pavement management program in 2013, consisting of the improvement of the City streets identified on Exhibit A hereto (collectively, the "Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $300,000. � (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f�(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f�(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to�the date of adoption of this resolution. All original � expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Bud�etarv Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected ta be reserved, pledged, allocated on a long term basis ar otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations"described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds ta reimburse the saurce of ternporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original eXpenditures being � reimbursed. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the faregoing 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. EXHIBIT A 2Q13 PAVEMENT MANAGEMENT STREET LIST: • TH 55 South Frontage Road • Yosemite Avenue North • Yosemite Circle • Loring Lane • Woodstoek Avenue Resolution 12-3� May 1, 2012 Mernber intraduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING QF THE CITY'S 2014 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE 1NTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota(the "City"), as follows: � � l. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. � (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures ou� of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allacation be made from the proceeds af such bonds within the r�imbursement period (as defined in the Regulations),�and that the expenditures reimbursed be capital expenditures or costs Qf issuance of the bands. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake a pavement management pragram in 2Q14, consisting of the improvement of the City streets identified on Exhibit A hereto (collectively, the "ProjecY'), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasanably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not ta exceed $300,000. � (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f�(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations,the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Bud�e, tar,y Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any � replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. Shepard M. Harris, Mayor ATTEST: � Susan M. Virnig, City Clerk The motion for the adoptian of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the follawing voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayar and his signature attested by the City Clerk. EXHIBIT A 2014 PAVEMENT MANAGEMENT STREET LIST; � Western Avenue North, Jersey Avenue to Hampshire Av�nue North � • Idaho Avenue North, Western to Glenwood Avenue • Hampshire Avenue North, Western to Glenwood Avenue • West Cortlawn Circle, Cortlawn to Western Avenue North • North Cortlawn Circle • South Cortlawn Circle • Edgewood Avenue South, cul-de-sac to Glenwood Avenue � • Florida Court Cl��10� ';�; Finance Departmen� 763-593-8013/763-593-8109(fax) '� �. .�� w�"�. �x'i..�a�.��,.:-:=-s�'�';��„:�.��-�m�.�'"� . -�� 'Sx.�.?�.�..�a�`��` �.a� � ;�.�.�' ��e��_. �:��:.�:`��". ..�.z',:.� � ,..s,,��."�.��''�:. °"�`'��, Executive Summary For Action Golden Valley City Council Meeting May 1, 2Q12 Agenda Item 3. K. Call for Administrative Hearing- Appeal of Administrative Citation - 1816 York Avenue North - 5/15/12 ' Prepared By Susan Virnig, Finance Director/City Clerk Mark Kuhnly, Chief of Fire and Inspection Services Summary At their meeting of May 1 the City Council should call for an administrative hearing for the appeal of an administrative citation on 1816 York Avenue North for May 15, 2012 at 6 pm. The property owner has requested an administrative hearing and a letter has been sent to the property owner regarding the hearing. Recommended Action Motion to eall for an administrative hearing on an appeal of an administrative citation for 1816 York Avenue North for May 15, 2012 at 6 pm. Gl��' L�� Planning Department 763-593-8p95/763-593-8109(fax) �k��'�:'�� , ��_��"_ � . �:��'��'__. ��:�� . . ,,. Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 4. A. Public Hearing- Ordinance #484 - Final Design Plan Approval - PUD#88 - Breck Additian - Amendment #1 - 123 Ottawa Avenue North - Breck School, Applicant Prepared By Joe Hogeboom, City Planner Summary Breck School applied to amend its PUD in January, 2012, As part of its proposal, Breck School seeks to demolish a portion of its existing building and replace it with new construction. Breck School received preliminary approval for the PUD amendment on February 21, 2012. Breck must now receive final approval for its proposal. The project involves the demolition and re-building of the Upper School, which houses grades 9 through 12. The heigh# of the new building is proposed to be 70 feet at its highest point. The addition is intended to better serve existing students. Breck is not proposing to increase its enrollment beyond 1,200 students, as is currently regulated by the PUD permit. The City Council directed Breck School to create a Construction Communication Plan. The Plan is intended to require Breck to communicate major construction activities to surrounding neighbors. Breck has submitted a plan which is acceptable to staff. Compliance with the Construction Communication Plan is a recommended condition of the PUD amendment approvaL The City Council also requested that Breck submit a Construction Traffic Plan. The Plan calls for all construction vehicle traffic to use only Ottawa Avenue North to access the site. Construction workers would be required to use Lilac Drive, and enter the praperty from the west. Compliance with this Constructian Traffic Plan is alsa a recommended condition of the PUD amendment approvaL Staff recommends approval of the Final Plan subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated March 14, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the mema from Public Works Specialist Eric Eckman to Mark Grimes, Qirector af Planning and Development, dated April 3, 2012, shall become a part of this approval. 4. The Canstruction Traffic Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 5. The Construction Communication Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 6. Construction times for the proposed addition associated with this amendment shall be Monday through Saturday, 7 am - 7 pm. In the event of an emergency, the Directar of Public Works, or her designee, may authorize additional construction time, 7. Breck shali work with the City to implement the recommendations of the City's Traffic Safety Committee to improve traffic flow and safety for the 2012-2013 schaol year. 8. The Traffic Safety Committee shall consider aptions for using Lilac Drive. 9. A Traffic Demand Management Plan and Parking Study shall be required for any future enrallment increase above 1200 students. 10. All signs on the property must meet the requirements of the City's Sign Code. 11. This approval is subject to all other state, federal, and local ardinances, regulations, or laws with authority over this development. In addition the Council makes the fallowing findings pursuant to City Code Section 11.55, Subd. 5(E)(1): 1. 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 canventional provisions of the ordinance. 2. 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. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD Plan results in development compatible vuith adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ardinance provisions. Attachments • Location Map (1 page) • Unapproved Planning Commission Minutes dated April 9, 2012 (7 pages) • Memo from City Planner Joe Hogeboom dated April 5, 2012 (3 pages) • Memo from Deputy Fire Marshal Ed Anderson dated March 14, 2012 (2 pages) • Memo from Public Works Specialist Eric Eckman dated April 3, 2012 (3 pages) • Applicant's Narrative (4 pages) • Construction Communication Plan (1 page) • Construction Traffic Plan dated April 4, 2012 (1 page) • Email from Sue Schneck dated March 21, 2012 (3 pages) • Email fram Mary Jane Pappas dated March 21, 2012 (1 page) • Email fram Joel Fussy dated March 19, 2012 (1 page) • Email from Jim Vos dated March 18, 2012 (2 pages) • Emai) fram Jim Vos dated April 21, 2012 (2 pages) • Letter fram Mary Jane and Bruce Pappas dated March 18, 2012 (2 pages) • Email from Juliana and Tim Clarkson dated March 18, 2012 (1 page) • Letter from The Schneck family dated March 17, 2012 (2 pages) • Site Plans (15 pages) � Ordinance No. 484, Approval of Amendment to Final Plan of Development, Breck A�dition, P.U.D. No. 88, Amendment No. 1, 123 Ottawa Avenue North, Breck Schoal, Applicant (2 pages) Recommended Action Motion to adapt Ordinance No. 484, Approval of Amendment to Final Plan of Qevelopment, Breck Addition, P.U.Q. Na. 88, Amendment No. 1, 123 Ottawa Avenue North, Breck School, Applicant. S,,,' 1 � 1 � �-= ��i �� ,�: �" �." !�i i v, �°� �' � 'Sdaa�rer Ba%lfield Fond i dn �± ` � � �' �� '^--.�-,--.,..� t m� � x T ,.', �� Schaper Rark ' ;z J �1 1 � � �chayper 1�d �m � ° � I o � � !� � t'taJ' � t 3. 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"`� � � � ' w 4 m �+ � � � �Gaiteniati�r '— _�... �. S��i � # � � t =,' �� tr� �� i �L I ��,�.� � W`oskwood La ��,d�,n��s•c�y.:��c�Loe�sr�� h*. ti 3 q � ,ai I � ( �t Regular Meeting of the Goiden Valley Planning Commission April 9, 2012 regular meeting of the Planning Com ission was held at the Golden Valley City Hall, C ncil Chambers, 7800 Golden Valfey Road, Golden Valley, Minnesota, on Mond y, April 2012. Chair Waldhauser called e meeting to order at 7 pm. Those pres t were Planning Commis 'oners, Cera, Kisch, Kluchk chmidgall, Segelbaum an Waldhauser. Also pre nt was Director of Pla ' g and Development Mark Grimes, Cit anner, Joe Hoge om, City Engineer Oliver, Engineer Mark Ray and Administrative A 'stant Lisa Witt an. Commissio cCarty was absent. 1. Approval of Minute , March 15, 2012 Regular ni ommission Meeting MOVED by Schmidgall, second y ka and motion carried unanimously to approve the March 15, 2012 minutes submi ed. March 26, 201 egular Plann' g Commissi Meeting Kisch referred t ' e fourth paragraph n page three and s d that he would like the sentence to amended to read as fo lows: Kisch said he likes the parking ordinance establish a lower minimum number f parking spaces. MOV by Cera, seconded by Kisch d motion carried unanimously to approv e M ch 26, 2012 minutes with the above noted correction. 2. Informal Public Hearing — Planned Unit Development Amendment— Final Plan — 123 Oftawa Ave. N., Breck School — PU-88 Amendment#1 Applicant: Breck School Address: 123 Ottawa Avenue North Purpose: To allow a portion of the existing finro-story building (the upper school) to be demolished and replaced with a new four-story building. Hogeboom explained that the Preliminary Plan for Breck's proposed PUD amendment was approved by the City Council in February. Breck has now submitted their Final PUD proposal for City review which has not changed since the Preliminary Plan approval. He gave an overview of the proposal and explained Breck's request to demolish and replace their Upper School with a four-story building and a mechanical penthouse. He stated that the building will be 70 feet tall at its highest point and that the parking and student enrollment will remain at 1200 as approved by the existing PUD Permit. Hogeboom stated that Breck has submitted a construction traffic plan which states that construction vehicle traffic is to use Ottawa Avenue only, no construction traffic may enter Minutes of the Golden Valley Planning Commission April 9, 2012 Page 2 the site from the northeast and construction workers are to enter and exit the site via Lilac Drive. Breck is also proposing to increase CSO traffic patrol during the peak construction hours. Segelbaum said he knows that the City Council requested that Breck do a construction communication plan and asked if the Council gave Breck any additional guidance. Hogeboom stated that Breck will be creating a Listserv in order to communicate to subscribers bi-weekly starting in June. Breck will also host monthly meetings for neighbors and will notify neighbors of specific work, (including Saturday construction) that may impact them. Segelbaum said he understands Breck is not proposing to increase their enrollment as part of this proposal and questioned if they would need to go through another PUD amendment process if they want to increase enrollment in the future. Hogeboom stated that Breck's PUD permit allows them to have up to 1,200 students. If they want to increase enrollment over 1,200 students they would need #o go through the PUD amendment process. Kisch asked if an increase in enrollment would be a trigger requiring Breck to do a Traffic Demand Management Plan. Hogeboom said yes: He stated that the original PUD approval did not require a traffic plan however it does require Breck to work with the City regarding traffic issues. He added that the Police Chief feels Breck is currently in compliance with their traffic management practices. Edward Kim, Headmaster at Breck, stated that the proposed project is a renovation of their upper school which is almost 60,years old. He affirmed that they are not seeking an increase in their enrollment. He stated that they have met with the neighborhood to communicate their plans and his hope is that the traffic issues will be addressed through Breck's continues efforts in working with the City. Segelbaum asked if there are other phases of renovation planned at this point. Kim stated that the site has never had a master plan. The idea is to have construction done in several phases over time. He stated that the other phases are conceptual at this time. Waldhauser opened the public hearing. Barb Busick, 4736 Glenwood Avenue, suggested spreading the construction traffic out by having the morning construction traffic use Ottawa and the afternoon traffic go someplace else. She stated that Ottawa is a short street with 10 children living there sa it is full of activity and the traffic scares a lot of the people who live there. She said the communication from Breck has been awesome but she would like to see the notification area increased to include more people because the who(e area is affected by the traffic. She suggested that notification be sent to everyone south of Highway 55, west of Theodore Wirth Parkway, north of I-394 and east of TH 100. Paul Schneck, 122 Burntside Drive, said he is most concerned about how the height of the buildings in all of the phases will affect the neighborhood. He said right now it looks Minutes of the Golden Valley Planning Commission April 9, 2012 Page 3 like a neighborhood with a school in it but he is worried it will look like a schoot with a neighborhood in it. He said it sounds to him like this proposal has been going on for years and he just found out about it. He is concerned about his view because he will be looking at a 70-foot tall brick building. He said Breck could have done something different and that making the building this tall was a choice. He said he is very concerned that the City doesn't know about all the phases of construction and it doesn't make sense to only consider this phase when we know more phases are coming in the future. He said he needs to know what it is going to look like and how it will change the aesthetics af the neighborhood because right now it fits in with the neighborhood and he is concerned it won't when iYs done. Sheldon Silberman, 120 Westwood Drive North, asked about the watershed requirements and asked how many square feet of additional square footage would trigger Breck needing a watershed permit or approval. Kluchka stated that a 10% increase would trigger watershed approval. Waldhauser noted that the property is extremely limited because of existing wetland conditions so it is unlikely that enough building could be put on the property to trigger a wetland review. Silberman said this is a very environmentally sensitive site so he is very worried about this proposal going forward without knowing the entire plan. He said another concern he has is the lighting on the property. He said at his elevation he looks down on the school and he can see the lighting at Breck very distinctly. In the past, Breck made changes that have helped, but he hopes there won't be an issue with this proposal. He said he is concerned about the sound from the mechanicals on the roof and the reflection from the sun, so reflective surfaces should be taken into account. He is also concerned about the piecemeal planning process and urged the City to be careful of this proposed phase approach. He said he is happy Breck is putting money into their buildings and improving them and the architectural plans seem to be nicely done. Brandie Karhoff, 18 Ottawa Avenue, said her oniy concern is traffic. She said there are 10 kids that live in the five or six houses on Ottawa. They do the best they can ta keep the kids in the back yard but with the school buses and traffic in the area it is like a freeway with parents and students driving way too fast. She asked if traffic could be restricted with speed bumps or something similar. She added that it is not true that all construction workers wiU use Lilac Drive because at the neighborhood meeting with Breck they said some of them will park by the tennis courts and will come down Ottawa. Cheryl Scott, 437 Westwood Drive North, said a comprehensive traffic management study needs to be done now. She said two weeks ago a Breck parent hit a school bus and she is concerned that someone is going to get hurt. She referred to the architectural design and said Breck should have considered a different location for the mechanicals other than on the roof. Removing the mechanicals from the roof would get rid of some of the height and make the neighbors happier. She said she is concerned about the other phases of construction and increased enrollment because if Breck is investing this type of money they are going to increase their enrollment. She urged the Planning Commission to think about what this is doing to their neighborhood. Steve Robin, 25 Ottawa, said he thinks Breck is a great neighbor and has been very cooperative. He said he thinks a vital Breck is important to the community but he wants to Minutes of the Golden Valley Planning Commission April 9, 2012 Page 4 underline the issue of the height of the building. He said the proposed height and square footage are not necessary. Breck chose this design and the end result is a building that is larger and taller than it needs to be. He said Golden Valley High School had plenty of room when they were in this building. He said he doesn't think there is one neighbor in the area who thinks Breck won't increase their enrollment and it is disingenuous for Breck to say they won't because they wouldn't spend all this money and increase the square footage this much if they weren't. He said his main concern is traffic and he daesn't understand why Lilac Drive can't be made usable instead of having construction traffic go up and down Ottawa for 15 months. He said the current habits of Breck parents are out of control. He understands Breck does what they can during rush hours and he's not objecting to the rush hours, but it is a recipe for disaster with kids speeding up and down the street, not stopping for his wife in the crosswalk. He said there are things Breck can be doing to control the traffic and questioned why there hasn't been any traffic abatement. He said he is also wondering why the neighborhood was notified so late and said traffic should have been studied before this proposal and before the problem is magnified. He said the general attitude from Breck has been that they can't control human behavior. Jim Vos, 10 Natchez Avenue Narth, said he thinks it's important to ask Breck about their future phases of construction. He said Mr. Kim stood befor� the City Council and said there will be four phases of construction and the enrollment'will increase by 25%. He said he worked on the Allianz project and they had to show the City all of their proposed phases of construction so it is not fair to neighborhood to not require Breck to do the same. He sai,d he is also concerned about the height of the new building and agreed that speed bumps could be installed to help with the traffic issues. Seeing and hearing no one else wising to comment. Waldhauser closed the public hearing. Waldhauser said there is obviously an existing traffic concern with or without this current proposal. She said she thinks the City can speak to the traffic issues only in that they might be aggravated during construction. Kluchka questioned how the City can put some traffic controls in place given that a master plan has not been reviewed. Kisch stated that the enrollment and land use issues are tied to the constraints of the PUD permi#. He suggested that any future PUD amendments or enrollment increases require a traffic study. Waldhauser said it is her understanding that the existing PUD permit stating that the Police Chief monitoring traffic gives the city more control than a traffic management plan would. Grimes stated that the existing PUD permit says if there is a traffic problem Breck has to work on resolving it with the Police Chief. He reiterated that Breck has made efforts to work with the City regarding their issues related to traffic and that the City is dealing the same amount of traffic and the same amount of students as it did before this PUD amendment proposal. He added that the traffic issues will be brought to the City's Traffic Safety Committee for review. Kluchka said that the same amount of students from 40 Minutes of the Golden Valley Planning Commission April 9, 2012 Page 5 years ago is not the same amount cars. He said Breck is a valued part of this neighborhood, but things have changed and there has to be a control in place to deal with the traffic even though the numbers aren't changing. Segelbaum said it is one thing for the Planning Commission to discuss the traffic issues but he thinks they would be better handled by the Traffic Safety Committee. Oliver explained that approximately eight years ago, the City Council established the Traffic Safety Committee which is made up of representatives from the Public Works and Engineering Department, Police Department, Communications Department, as well as the City's consulting traffic engineer. He stated that the camments generated from Breck's Preliminary Plan review have already been sent to the Traffic Committee. The Committee is in the process of defining the issues and gathering data including: turning count movement, traffic volumes and speed. He stated that Breck has indicated that they are very willing to work with City to address the issues and provide solutions. He explained that traffic engineering is not as simple as putting in a sign. It's as much psychology and education as it is engineering and enforcement. There needs to be a balanced approach #o address the issues. He said one key component is going to be what Breck does to educate their parents and students. He said as far as requiring a traffic management plan he thinks that an increase in enrollment could be an appropriate trigger for developing a traffic plan. Waldhauser noted that the neighbors have said that the traffic during peak hours has been managed fairly well so she agrees that behavior and tools that encourage better driving habits need to be considered in this case. Oliver agreed and said that the neighbors have been heard loud and clear and staff is taking a very close look at the long terms tra�c issues. Cera asked Oliver about the timeline in gathering data. Oliver said staff has started gathering data and within a couple of months he hopes to have adequate data to start meeting with Breck in order to have a number of issues worked out before school starts in the falL Schmidgall asked about turning Ottawa into a cul-de-sac and directing traffic into Breck from Lilac Drive. Oliver said that would be complicated due to the fact that a significant portion of the site is within the floodplain of Bassett Creek. Waldhauser asked if directing construction traffic onto Lilac Drive would be an option. Oliver said there is concern about the turning radius on Lilac Drive and there is also concern about the structural capability of Lilac Drive. He said Ottawa is designed to accommodate the truck traffic, and if managed properly, he believes Ottawa is the best option. Segelbaum asked what toofs the traffic committee has to address the issues and if speed bumps or stop sign could be considered. Oliver stated that studies have shown that speed bumps do slow cars down, but they also slow down emergency vehicles. - The studies have also shown than the faster a person drives over a speed bump, the less impact there is, so speed bumps need to be considered carefuliy. � Minutes of the Golden Valley Planning Commission April 9, 2012 Page 6 Waldhauser suggested adding a condition of approval that there be a traffic study done before school opens in the fall. Segelbaum said the traffic committee is in the process of conducting their study. Kluchka said he is concerned about enforcing the traffic issues and asked if a condition can be put in place to make sure the traffic issues are addressed before construction begins. Kisch noted that the traffic study is City-driven so Breck won't be able to dictate the timeframe of the study. Cera said he feels there are two different issues. One is the existing traffic and one is the traffic during construction. He said he is less concerned about the construction traffic because it is temporary. Oliver said he thinks there is language that could be incorporated into the approval requiring Breck to cooperate with the traffic study. Segelbaum asked if Lilac Drive can even be considered as an alternate route. Bake Baker, McGough Construction, exptained that they have considered using Lilac Drive for construction traffic but there are several concerns including: the steep turning radius coming off of Glenwood onto Lilac Drive, the grade/steepness on Lilac Drive, the capability and condition of Lilac Drive to accommodate heavy trucks and the internal campus circulation of traffic, buses and construction traffic. He stated that they are not intending to have construction traffic during the peak traffic hours at Breck. Kluchka said he thinks it is within the Planning Commission's prevue to be looking for incentives for improving a bad situation before desired investments are made, especially in a PUD. Grimes said he agrees, but some of the investments and improvements might have to be made off of the Breck campus so there has to be cooperative agreement between the City and Breck. Waldhauser asked the applicant to address the design of the building and why the mechanicals are being proposed to be on the roof. James Baird, Architect for the project, said they considered putting the mechanics below grade but there was concern about the soil conditions and undermining the foundation of the adjoining buildings. Waldhauser asked if the mechanicals could go on a different roof. Baird said that because of the nature of the space as science labs the equipment has to be tied to those spaces. Cera asked for clarification regarding the neighbor's comment about what the applicant said to the City Council about their future enrollment. Kim reiterated that in this particular phase they are not asking for a change in enrollment. He said the question before him at the City Council meeting was if enrollment could conceptually change in the future. Cera asked if there is a schedule for decisions regarding future phases. Kim said no. Kluchka referred to the neighbor's concern about lighting. Baird said they are not proposing to light the building externally and they are not going to be changing any of the parking lot lighting. Kim added that part of the usage of the roof will be an astronomy �ab, so they also want to keep the lighting down. Minutes of the Golden Valley Planning Commission April 9, 2012 Page 7 Kluchka asked about filtering the noise from the mechanicals and light from reflective surfaces. Baird said the mechanicals will be screened. He explained that the east side of the building, where most of the houses are located, will consist of mostly solid surFaces so the reflection won't be that different from how it is currently. Waldhauser said she is still in the position that the Planning Commission should approve the request with all of the original conditions and added conditions regarding the communication plan and the ongoing work of the Traffic Committee. Kisch said he would like to add a condition that any increase in enrollment will trigger that a Traffic Demand Management Plan be done. Segelbaum said he doesn't think they have addressed the continued review of Lilac Drive � as an alternate route for traffic. Oliver noted that staff will further investigate whe#her Lilac Drive would be a viable option for traffic. Cera suggested that also be made a condition of approvaL MOVED by Kisch, seconded by Schmidgall and motion carried' unanimously to recommend approval of Breck's PUD Amendment request subject to the following conditions. Kluchka amended the motion to include a parking study along with a Traffic Demand Management Plan be done for any enrollment increase over 1200 students. 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated March 14, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated April 3, 2012, shall become a part of this approval. 4. The Construction Traffic Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 5. The Construction Communication Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 6. Construction times for the proposed addition associated with this amendment shall be Monday through Saturday, 7 am — 7 pm. In the event of an emergency, the Director of Public Works, or her designee, may authorize additional constructian time. 7. Breck shall work with the City to implement the recommendations of the City's Traffic Safety Committee to improve traffic flow and safety for the 2012-2013 school year. 8. The Traffic Safety Committee shall consider options for using Lilac Drive. 9. A Traffic Demand Management Plan and Parking Study shall be required for any future enrollment increase above 1200 students. 10. All signs on the property must meet the requirements of the City's Sign Code. 11. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- Cl�� 0'f '�. ��+�� . �� Planning Department 763-593-8095/763-593-81 Q9(fax) Date: April 5, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Final PUD Plan — Breck School PUD No. 88—Amendment#1 Breck School, Applicant Background Breck School applied to amend its PUD in January, 2012. As part of its proposal, Breck School seeks to demolish a portion of its existing building and replace it with new construction. Breck School received preliminary approval for the PUD amendment on February 21, 2012. Breck must now receive final approval from the Planning Commission and the City Council. Description of Proposal This project involves the demolition and re-building of the Upper School, which houses grades 9 through 12. The proposed addition to the building will include four floors of classrooms, with a mechanical penthouse above. The height of the new building is proposed to be 70 feet at its highest point. The addition is intended to better serve the math and science curriculum of Upper School students. Since the horizontal development of structures within the site is limited by wetlands, floodplain and recreational facilities, the footprint of the building will not be greatly altered. The newly constructed building will consist of 7Q,205 square feet, with additional ground caverage of 1,820 square feet, in comparison to the existing building. Breck School is proposing to construct two green roofs which will total 3,700 square feet. Other proposed renovations to be contained within the new building include, updated electrical and mechanical systems, a renovated Media Center, small-group meeting spaces, a greater number of smaller classrooms,th� consolidation of the Upper School's administrative services and new faculty spaces. Scope of Proposa) Breck School is governed by a PUD, and therefore has a specially designated set of rules by which it must abide. Specifically, Breck School is limited to 1,200 students or less. This addition is meant to accommodate existing students; 8reck is not proposing to increase enrollment. During the Preliminary PUD Plan approval process, traffic concerns were raised by residents living near Breck School. Breck School is obligated by its PUD permit to work with the Golden Valley Police Department to regulate traffic control at and near the school. Currently, Breck School has contracted to hire a Golden Valley Community Service Officer, who helps to regulate traffic during school arrival and departure times. Breck is working with the City to contract for additional hours of traffic patrol during construction of its new addition. Staf#will bring traffic concerns raised in the past several months to the Neighborhood Traffic Safety Committee for review. While traffic is an important consideration, it is outside of the scope of this PUD amendmer�t. While traffic is an important consideration, it is outside of the scope of this PUD amendment. Traffic related to construction is necessary to address in this PUD amendment. lncluded in its proposal, Breck has submitted a Construction Traffic Plan that calls for all construction vehicle traffic to use only Ottawa Avenue North to access the site. Construction workers would be required to use Lilac Drive, and enter the property from the west. Compliance with this Construction Traffic Plan is a recommended condition of the PUD amendment approvaL The City Council directed Breck School to create a Construction Communication Plan. The Plan is intended to require Breck to communicate major construction activities to surrounding neighbors. Breck has submitted a plan which is acceptable staff. Compliance with the Construction Communication Plan is a recommended condition of the PUD amendment approval. Though outside of the scope of this PUD amendment, Breck School has addressed some additional concerns that have been brought up by neighborhood residents. Breck is currently working with its various vendors to madify delivery times. White City Code does not regulate what time deliveries can be made to the property, or any property in Golden Valley, Breck is working to have more deliveries done during daytime hours. In addition, Breck is working to have its waste collected at a iater time in the day. City Code does not permit waste collection before 6 am. Finally, City Code permits construction activity between the hours of 7 am-- 10 pm. Breck will limit its construction activity to between the hours of 7 am and 7 pm, Monday through Saturday. This wil! be a recommended condition of the PUD amendment approval. RECOMMENDATION Staff recommends approval of the Final Plan for Amendment No. 1 to the Breck School PUD No. 88. The proposed remodel and expansion represents a long-term commitment by Breck School to remain in the City of Golden Valley. Staff recommends the following conditions of approval: 1. The plans submitted with the application shall become a part of this approval, 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated March 14, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Warks Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated Apri) 3, 2012, shall become a part of this approval. 4. The Construction Traffic Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 5. The Construction Communication Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. � 6. Construction times for the proposed addition associated with this amendment shall by Monday through Saturday, 7 am—7 pm. In the event of an emergency, the Director of Public Works, or her designee, may authorize additional construction time. 7. All signs on the property must meet the requirements of the City's Sign Code. 8. This approval is subject to ail other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated March 14, 2012 (2 pages) Memo from Public Works Specialist Eric Eckman dated April 3, 2012 (3 pages) Applicant's Narrative (4 pages) Construction Communication Plan (1 page) Construction Traffic Plan dated April 4, 2012 (1 page) Email from Sue Schneck dated March 21, 2012 (3 pages) Email from Mary Jane Pappas dated March 21, 2012 (1 page) Email from Joel Fussy dated March 19, 2012 (1 page) Email from Jim Vos dated March 18, 2012 (2 pages) Letter from Mary Jane and Bruce Pappas dated March 18, 2012 (2 pagesj Email from luliana and Tim Clarkson dated March 18, 2012 (1 page) Letter from The Schneck family dated March 17, 2012 (2 pages) Site Plans (15 pages) CZ��1 p� �� . �� Fire Department 763-593-8079/763-593-8098{fax) ��: _. . � Date: March 14, 2012 To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD Amendment 88#1 Breck School x�.k ,�� .; ....'� .. , � ,..;..�. , �..,.,e . H-� «;; � .�.. .. , . ,., ,..�,. „ ,�.,,,., .,z .. _. � . ,:�<.:�.. X, T.9"�. , „� , . �✓ �� . . . . . I have reviewed the final plan for the PUD Amendment application packet for the Breck School located at 123 Ottawa Avenue North. Listed below are the fire department comments regarding the proposed construction site, fire department access water supply/fire flow requirements and other fire life safety construction features in accordance with Minnesota State Fire Code and other recognized fire code standards. A fire protection engineer approved by the fire code official will be required to evaluate design and commissioned as required by the�re code official. 1. The current water supply system shall be calculated to meet the proper fire flow rating for the new proposed building site. The fire flow rating information shall be reviewed by a fire protection engineer and submitted to the fire code official for review and approval. 2. The fire department access road and the surface of the roadway shall be maintained in accordance with all weather capabilities during the construction phase. 3. The design and operation of the chemistry and laboratories using chemicals shall be in accordance with National recognized fire code standard, including but not limited to, fire protection equipment, mechanical system and required temporary storage of a(I chemicals located in all science chemistry and biology classrooms. 4. The design of permanent storage areas for all flammable, combustible liquids and other chemicals shall be in accordance with the Minnesota Fire Code and fire code standards. The fire protection engineer shall review the above information and submit to the fire code official for review and approval. 5. The staging of construction equipment including trailers, vehicles and other construction related equipment shall not block or hinder the fire department access road or access point to the building site. If you have any questions, please contact me at 763-593-8065, or e-mail eanderson@goldenvallevmn.gov EA/jl �Z��1 C1�� .,�, �� ) �j 1 Public r s artment � 1 Wo k e c'�. �',� D p 763-593-80301?63-593-3988(fax) � ._ . �e� .. __.�� _ _ ,,. „ _ . Date: April 3, 2012 To: � Mark G�imes;Dir.�ctar of Pl�nning�nd ��ueloprn�er�� ' ; Through: Jeff Oliver, PE, City Engineer From: Eric Eckman, Public Works Specialist �� Subject: Review of Final Plan—PUD 88, Amendment 1 Breck Upper School Addition j Public Works staff has reviewed the final design plans for Amendment 1 of the Breck School Planned Unit Development (PUD). The plans are for an interior classroom renovation and a new upper school addition at Breck School located at 123 Ottawa Avenue North. Since reviewing the preliminary plans, minor grading and utility work has been added to the project.The Public Works review will focus on this additional work. Site Plan• Due to the significant amount of floodplain and wetlands present on the site,the plans call for a vertical expansion of the school, and only a small horizontal expansion. According to the plans, the footprint of the building will be expanded 1,820 square feet. Site work has been added to the project and consists of construction of a new fire protection water service and minor grading and storm sewer upgrades. Traffic• It is staf�s understanding that the purpose of the school renovation and expansion is to improve the conditions and maximize space to better accommodate the current student population. No increase in student enrollment or long-term traffic generation is anticipated with this project. Therefore parking, access, and traffic management were not considered as part of this review. G:\Developments.-Private\Breck\Upper School Addn 2012\FinalPlanReview040212_PUD 88 Amend l.docx During the review process several residents in the area expressed concerns about the existin traffic conditions on the surrounding streets. In order to address the existing traffic concerns, staff will forward the issues to the Traffic Safety Committee for review. The Committee is made up of City staff from Public Works, Police, and Communications departments, and the City's traffic engineering consultant.The Committee will review the existing traffic conditions and perform studies as needed to determine the scope and extent of the existing issues. The Committee will meet with Breck School representatives as needed throughout the process to address the issues, and the Committee will communicate with property owners in the vicinity of Breck School during this process. There was also a concern form residents about delivery and construction-related traffic during the project. Breck has proposed that construction crews travel on Glenwood Avenue and Lilac Drive and that crews park in the lot near the American Legion. Breck also proposed that delivery and construction traffic use Glenwood Avenue and Ottawa Avenue North; however, not during the school's morning drop-off and afternoon pick-up times. Utilities• Breck is proposing to construct a new 6-inch fire protection water service on the north side of the building near the interior classroom renovation.This service will connect to the City's wa#ermain within a public easement and therefore will require a Utility permit and a Right-of-Way Management permit. The fire protection water service will be owned and maintained by Breck. As part of the PUD application process, the City requires that a property bring its sanitary sewer service into compliance with the City's Inflow and Infiltration (I/I) Ordinance. Records show tha# Breck School has completed an inspection of its sewer facilities and is currently working toward compliance. As such, staff recommends the PUD application process move forward subject to the condition that Breck obtain a compliance certificate before a Certificate of Occupancy is issued for the building. If repairs are not completed by the time of Certificate of Occupancy, an escrow must be posted to guarantee the work. Stormwater Mana�ement: This project is located within the Sweeney Lake sub-district of the Bassett Creek Watershed. The proposed land disturbance is over 10,000 square feet and therefore requires the review of the Bassett Creek Watershed Management Commission (BCWMC). The project will add 1,820 square feet of impervious surface to the site, which is below the non-degradation policy thresholds listed in the BCWMC Requirements for Improvements and Development Proposals. Although not required by the BCWMC or the City, the plans show 3,700 square feet of"green roof system" stormwater treatment as part of the project. The stormwater calculations submitted by Breck indicate that the green roof system provides a slight reduction in both runoff rate and volume. G:\Developments-Private\Breck\Upper School Addn 2012\FinalPlanReview040212_PUD 88 Amend 1.docx Minor site grading and storm sewer improvements will occur on the south side of the school near its main entrance. Therefore,the contractor will be required to obtain a City Stormwater Management permit. The permit must be obtained prior to issuance of building permits, and the contractor will be required to implement best management practices for controlling sediment and erosion during construction. Utility permits may also be required by the City. Tree Preservation: Because the footprint of the existing building is expanding by less than 10 percent,the City's Tree Preservation Ordinance does not apply to this proposal. SummarYand Recommendations: Public Works staff recommends approval of the proposed PUD 88, Amendment 1—Breck Upper School Addition, subject to the comments contained in this review, which are summarized as follows: 1. Breck must obtain a City Stormwater Management permit, Right-of-Way Management permit, and Utility permits, as discussed in this memorandum. 2. The sanitary sewer service must be brought into compliance with the City's Inflow and Infiltration Ordinance consistent with the conditions outlined in this memorandum. 3. Subject to the review and comments of the City Attorney, Building Official, other City staff, the BCWMC, and other agencies. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mitch Hoeft, Engineer Gary Johnson, Building Official G:\Developments-Private\Breck\Upper School Addn 2012\FinalPlanReview040212_PUD 88 Amend 1.docx � Breck Breck School 123 Ottawa Avenue North Minneapolis MN 55422-5189 763.381.8100 www.breckschool.org Breck School — P.U.D. No 88 Amendment Request PUD Amendment Status: - The preliminary P.U.D. amendment request was reviewed, considered and approved by both the Planning Commission and the City Council at their respective meetings on January 23, 2012 and February 21, 2012. - Breck School is seeking final approval of the amendment of P.U.D. No.88. - The final plans are consistent with preliminary plans reviewed, considered and approved by the staff, the Planning Commission and the City Council. - Breck is not requesting an increase to the enrollment cap of 1200 Replacement and Renovation Strategy for Breck: - The current Upper School facilities are almost 60 years old with low ceiling heights, space limitations and limited flexibility. Few independent schools operate in buildings of this age without replacement or significant renovation - Improvements will allow Breck to remain competitive in the independent school market. - Changes in pedagogy and a desire for continued educational excellence requires a reconfiguration of classrooms,departmental groupings and expanded science 1abs. - The new and renovated facilities will include life safety and accessibility upgrades—restrooms, elevator, etc. - Energy efficiency improvements will be realized. Breck is seeking LEED certification for enhanced, sustainable building performance—including two new green roofs. Project Overview—The amendment of P.U.D. No 88 seeks permission to: - Demolish, replace,expand and renovate Breck's Upper School classrooms, labs and Media Center. - Update aging electrical and mechanical systems. - Consolidate the Upper School administrative offices. - Provide a greater number of smaller classrooms, new faculty spaces and new small-group meeting spaces. Building Characteristics: - The completed building will consist of four occupied stories(53') plus a mechanical equipment enclosure (17'). The total proposed height of the new building will be 70'. - Plans include approximately 70,000 GSF of new construction, 12,000 GSF of renovated spaces and 20,000 GSF of temporary classrooms inside the existing Fieldhouse (for one academic year to serve the displaced students and faculty during construction) Breck is an Episcopal,coeducational,college-preparatory day school enrolling students of diverse backgrounds in preschool through grade twelve. - The top occupied level is set back approximately 30'from south building face and the mechanical enclosure is set back approximately 50'from south building face and approximately 135'#rom north building face. - The top of the new proposed mechanical enclosure is approximately 26' shorter than top of existing chapel steeple—the attached sectional diagram shows the relationship to existing chapel - Roof-top Mechanical enclosure: o One partial additional roof level (above the last occupied level) encloses only mechanical equipment, elevator and exit stair extensions. o Mechanical equipment has been located on the roof level to most efficiently serve building HVAC and the ventilation requirements for the science laboratories. o Enclosure visually screens and hides equipment for improved aesthetic appearance for school and neighbors. o Enclosure provides sound control for enclosed equipment. - Mechanical enclosure level is screened from most adjacent residential areas by surrounding trees. See attached photos. Commitment to Golden Valley location and community: - Breck purchased the former Golden Valley High School property in 1981 and has upgraded and improved facilities since that time working collaboratively with City over many years. - The current campus provides a central and easily accessible location for students residing in the Twin Cities and surrounding area. - Rebuilding and renovating in this location demonstrates Breck's continued commitment to the Golden Valley community. - Breck remains committed to coltaboratively working with the Golden Valley Public Safety Department to address traffic concerns. Construction Hours: - Proposed construction hours from 7 am to 7 pm, Monday thru Saturday(city code allows 7 am to 10 pm); core work hours will be from 7 am to 6 pm Monday through Friday; no work will begin before 7 am. - Periodic work on Saturday on as needed basis for specific activities such as demoiition debris hauling, material delivery, etc. Advance notice will be provided to neighbors as part of Breck communication plan. - There are no plans for Sunday construction. - Contingency for later hours, if ever needed,only through city manager pre-approval process. Construction Schedule: June 7,2012 School Graduation June, 2012 Site Preparation/Salvage/Temporary Classroom Construction July, 2012 Demolition August, 2012 Construction Start/Footing and Foundations September/October, 2012 Structural Framing and Floors November/December, 2012 Building Enclosure January to June, 2013 Mechanical and Electrical Systems/Interior Fit-up and Finishes July/August, 2013 Furniture Installation and Move-in Late August, 2013 School Starts in New Addition Construction Access: - Access and haul route—illustrated in attached construction zones and circulation diagram o direct access to construction site from south o most controllable with single route and entry/exit point o least disruptive for school traffic because avoids going around entire building o safest because it avoids Lower and Middle School entrances with younger children present - Staging area—fenced and gated, construction vehicle loading and unloading, laydown area for materials, construction vehicle turn-around - Construction crew parking will utilize a portion of the American Legion parking lot, and will enter and exit via Lilac Drive. Construction Disruption Mitigation and Safety: - Goal to minimize disruption—McGough Construction will work closely with City, Breck and subcontractors. - Construction traffic management: o Traffic control coordination meetings o No construction traffic allowed during school drop-off and pick-up times o Define construction delivery routes onto campus with city staff o Construction traffic control on Ottawa and Glenwood on as needed basis - Dust control o Periodic street cleaning o Watering during demolition activities o Erosion control measures and Storm Water Protection Plan o Vehicle wash down on site as needed - Noise control—Nosiest period will be demolition, short window of time in July, no pile driving for foundations, utilize low-noise tools through-out construction. - McGough safety program o Weekly on-site safety meetings o On-site safety training—includes both worker, student/faculty and neighborhood safety o Construction Site will be fenced and locked off hours and monitored during construction operation o Construction personnel will be subject to background checks and will wear badges and high visibility vests o Emergency Management Plan linked to emergency responders Job creation: - $20 million infusion into the local economy with 15 months of union construction jobs, with WMBE performance targets for women and minority-owned businesses Communication Plan: March 15, 2012 Breck held a two hour informational session during which construction plans, safety measures, draft communication plan and project timeline were presented. Breck invited 99 neighborhood households (list provided by the city of Golden Valley). 30-35 neighbors attended including some south of Glenwood Avenue. March 16, 2012 Breck mailed a letter with highlights from the information session to all neighbors who were invited to the informational session and at the suggestion of neighbors who attended the March 15tn meeting, 280 additional neighbor households were also included in the mailing (list provided by the city of Golden Valley). The letter included an invitation to join an email distribution list that will be used once the project commences to share bi-weekly project updates. To date Breck has received 22 requests to receive project updates. Once project commences in June, bi-weekly project updates will be available: • Via email distribution list • On Breck website The project updates will include: • Upcoming work that may impact neighbors • Advance notification of Saturday construction • Contact information for Breck staff and McGough staff for any neighbors to use to report a construction-related problem or concern. Breck respectfully requests that any problems are shared immediately so they can be addressed immediately. Monthly meetings: • Breck will host monthly meetings for neighbors to ask questions and share any concerns. Meetings witl continue throughout the project as long as there is neighborhood interest. Proposed Neighbor Communication Plan for Breck Upper School Construction Project March 15, 2012 Breck held a two hour informational session during which construction plans, safety measures,draft communication plan and project timeline were presented. Breck invited 99 neighborhood households(list provided by the city of Golden Valley). 30-35 neighbors attended including some south of Glenwood Avenue. March 16, 2012 Breck mailed a letter with highlights from the information session to all neighbors who were invited to the informational session and at the suggestion of neighbors who attended the March 15th meeting, 280 additional neighbor households were also included in the mailing (list provided by the city of Golden Valley). The letter included an invitation to join an email distribution list that wi11 be used once the project commences to share bi-weekly project updates. To date Breck has received 22 requests to receive project updates. Once project commences in 1une, bi-weekly project updates will be available: • Via email distribution list � On Breck website � The project updates will include: • Upcoming work that may impact neighbors • Advance notification of Saturday construction • Contact information for Breck staff and McGough staff for any neighbors to use to report a construction-related problem or concern. Breck respectfully requests that any problems are shared immediately so they can be addressed immediately, Monthly meetings: • Breck will host monthly meetings for neighbors to ask questions and share any concerns, Meetings will continue throughout the project as long as there is neighborhood interest. m � ~ ' � � p '' �iJ C7 ¢ � a � � ' rU � � � � � � � @ � � �r � � � � a 7Q7Q��y � { � O LO � O � Q e yp �ry t aj AU t2i � � O m� U . 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Wittman, Lisa Frorn: Pentel, Paula Sent: Thursday, March 22, 201211:30 AM To: Wittman, Lisa Subject: FW:Concerns about Breck PUD Attachments: Breck traffic-saftey sugg.pdf From: Sue Schneck[susanedee@aoi.com) Sent: Wednesday, March 21, 2012 1:30 PM To: Pentel, Paula Subject: Re: Concerns about Breck PUD Thank you Paula for your reply. We will be attending the meeting. * Please confirm for me the date of the Planning Commission meeting regarding the Breck PUD. 1 have also attached a recap of homeowner suggestions, made to Mr. Kim at the Breck neighborhood meeting, for improving traffic and safety. Sue -----Original Message---- From: Pentel, Paula <PPen#el@goldenvalleymn.gov> To: Sue Schneck<susanedee@aol.com> Sent:Wed, Mar 21, 2012 1:15 pm Subject: RE: Concerns about Breck PUD Dear Sue- Thank you for taking the time to write to us. Please make sure to also bring your concerns to the Planning Commission when they next consider the Breck PUD.After that meeting, it will come before us again. -Paula From: Sue Schneck [susanedee@aol.com] Sent: Saturday, March 17, 2012 1:39 PM To: Planning; Grimes, Mark; Scanlon, DeDe; Clausen, Joanie; Hogeboom, Joe; Wittman, Lisa; Freiberg, Mike; Pentel, Paula; Harris, Shep Subject: Re: Concerns about Breck PUD Dear Mayor, City Council and City Planning Department, Please see the attached letter regarding the proposed Breck School PUD. We would like the issues raised on the agenda and included in the discussion at the upcoming Planning Commission meeting on April 9, 2012. Thank you. Sue Schneck 1 Suggestions to Mr. Kim (Breck's Head of School) to alleviate the current traffic and traffic safety concerns caused by Breck's students, parents and staff from those who attended Breck's neighborhood meeting We ask you to implement at least 1 of these ideas before the Fall school start. *** The March 8, 2012 PUD shows Breck has 556 existing parking spaces for students/staff! That's 556 cars parking+ approx. 32 buses + all of the other cars only dropping off, picking up or visiting the school! 1. Add s�eed bum�s (as seen in many neighborhoods to control speed in high traffic area) to Ottawa and Natchez (where there is a PARK) and perhaps Chatelain Terrace / 55 frontage road **** REQUIRE this done immediately at BRECK'S expense**** Effect: this would slow the drivers down considerably 2. Re uire ail Breck beginning and end of school day traffic be directed from Glenwood Avenue down Lilac Drive North. Effect: this would keep the bulk of the school traffic off Ottawa and Natchez 3. Install sto� si�ns at the corner of Roanoke and Natchez and at the crosswalk by Natchez Park on Ottawa to slow the traffic down. Effect: this would slow the drivers down considerably 4. As Breck already has a fleet of buses (approx. 32), bus all students to Breck from a remote Breck parking lot ( Breck would purchase ) Note: other private schools have done this Effect: traffic would be significantly reduced if just buses were delivering students to the school- S. Have Breck school staff ( wearing identifiable Breck staff garments) present at beginning and end of school day on Ottawa, Natchez, and Chatelain Terrace to act as traffic �uards and oversee drivers behavior. Perhaps students would lose their parking space if they have infractions. Effect: students and parents will slow down if they see school staff present 6. Build a Breck exit/entrance from Highway 55. Effect: this would keep the school traffic off Ottawa and out of the other neighborhood streets 7. Build a dedicated exit off the Highway 100 / Glenwood Avenue ramp to enter the Breck campus from the road access to the VFW. Effect: this would keep the school traffic off Ottawa and out of the other neighborhood streets * Also, PLEASE address the illegal crossing by students and parents from the frontage road to go west on Highway 55 or to get to Breck's ice arena. Wittman, Lisa From: mj@pappasdesign.com Sent: Wednesday, March 21, 2012 5:33 PM To: Clausen,Joanie Cc: julianaclarkson@yahoo.com; mj@pappasdesign.com; Planning; Grimes, Mark; Scanlon, DeDe; Hogeboom,Joe;Wittman, Lisa; Freiberg, Mike; Pentel, Paula; Harris, Shep; bruce@brucepappas.com Subject: Accident in Godlen Valley(ID:4C5AO1A10013085B) Hi Joanie. Juliana just called me to report an accident between a Breck parent driving through the neighborhood so fast she hit a school bus and totaled her car-a Volvo no less! We understand she was given a ticket for speeding.This just happened a few days ago and was reported to me by Juliana Clarkson.You may call her to get the details 763-377-0090...her daughter was on the school bus that was hit. Honestly-this is the stuff we are dealing with in this neighborhood and someone is going to get killed and THEN THE COUNCIL WILL LOOK ATTHE DANGEROUS TRAFFIC SITUATION HERE AND DO SOMETHING ABOUT IT.....WITH BLOOD ON THEIR HANDS! Please, Please, Please address this.We do not want anyone to die- not a Breck student, parent,administrator, neighborhood child, bystander...no one! Thank you, Mary Jane 1 Wittman, Lisa From: Hogeboom,Joe Sent: Monday, March 19,2012 10:58 AM To: Wittman, Lisa;Grimes, Mark Subject: FW: Breck FYI! A e ._ _ _�. . ._._. .. �.__ _ ,.._ _.____.. . _ .. e _ . . __,_ . _, __ From: Fussy, Joel M. [mailto:Joel.Fussy@minneapolismn.gov] Sent: Wednesday, March 14, 2012 8:31 AM To: Hogeboom,Joe Subject: Breck I'm not sure at what stage the Breck construction proposal is at or what, if any, city approvais it will require, but I wanted to submit a comment to the public record, if applicable. I have no ties or connection to Breck whatsoever, other than living with my wife and two young boys in the house we purchased in 2010 adjacent to their site at 200 Natchez Ave N. My boys will likely not attend Breck. That being said, I can already sense an atmosphere of NIMBY-ism developing regarding what seems to me to be Breck's reasonable plans to maintain and improve their facilities and possibly plan for expansion in the future. In our city/community we have purposefully chosen to live on the edge of downtown Minneapolis in a large urban center. It is absolutely foreseeable and utterly reasonable that a long-established private school —which by all accounts is an excellent neighbor and asset to the city—would occasionally engage in long-term planning that might—gasp—result in improvements and even expansions. I am assured that Breck will be reasonable in their approach and willing to make whatever accommodations are appropriate to ameliorate any"negative"associated consequences such as—gasp yet again— traffic. As residents we don't own our streets and hold dominion over them. They are there to serve the residential, commercial and institutional uses that have developed and hopefully will continue to develop in our urban environment. I just get the sense that this whole debate will spiral to the lowest common denominator and fear that the most vocal will be viewed as comprising the majority view when, in all actuality, I believe that any reasonable civic-minded approach would encourage such improvement and development. Thank you, Joel Fussy (612) 673-2939 200 Natchez Ave N 1 Wittman, Lisa From: Grimes, Mark Sent: Monday, March 19, 2012 8:10 AM To: Wittman, Lisa Subject: FW: Breck School Expansion Plan Mark W.Grimes � Director of Planning � City of Galden Valiey i�j� �'!` � 78Q0 Golden Valley Road �Golden Vailey,MN 55427 (763-593-8097 �763-593-8149(Fax)� 763-593-3968(TTY)� ��#�� m&r3 m es�.a,,�olrit nva i le�3a:gov �- �� ' ' ,,. From: Jim Vos [mailto:jvos@cresa.com] Sent: Sunday, March 18, 2012 6:07 PM To: Grimes, Mark Cc: edward.kim@breckschool.org; dstrassburg@tegragroup.com; Paul Daniel Schneck; Harris, Shep Subject: Breck School Expansion Plan Mark— I understand you've been hearing from a number of the area residents regarding th� Breck Project.As a 25 year resident at 10 Natchez Ave North (a btock from the schoolj and an experienced commercial real estate development professional, I would like to voice my own concerns to you personally, and trust that you will share them with the appropriate parties. I sense that there are two major categories of issues that keep coming up. First,there are legitimate concerns about the proposed development(phase I and beyond).These would include height(or site density),construction hours,future expansion plans, etc. The second category are those issues of legitimate concern that are unrelated to the project, but of on-going concern to the neighbors—current traffic problems and trash being foremost among them.And while these "second category" issues aren't necessarily the domain of the planning commission in the consideration of the proposed PUD, the voters and taxpayers in the neighborhood feel a strong desire to be heard.This hearing process creates the forum for that, right or wrong. I should note that I have been out of town for the last 2 weeks and was unable to attend the event hosted by Breck for the neighbors on 3/15. I did see the invitation on my return,though it came certainly less than 10 days before the meeting(I was in town until that time). I appreciate Breck's willingness to meet with neighbors,and would ask that they give people a little more time to plan for future conversations. The Headmaster's follow-up letter indicates there will be more discussions to come...These are probably a better forum for those on-going concerns. If Breck fails to be responsive,we will raise our concerns with the Council separately. As for the PUD proposal coming before the City, I think there are three specific areas where neighbor concerns should be addressed by the Planning Commission and City Council: 1. Future Phasing: I continue to feel it is critical for the council and the public to see a long range plan for the campus before considering any specifics on Phase I.The Headmaster has testified that they have a four stage plan in mind that will include capacity for 25% more students.The total project,while certainly subject to future revision, should be presented and may by its scale trigger and EIS or EAW—phasing the project should not exempt the developer from full assessment of the impacts. Issues concerning traffic, fire/life safety access, groundwater impacts,green space revisions, parking solutions, impacts on existing trees and vegetation all 1 should be acknowledged and considered. Every good developer looks ahead, and I trust Breck has done exactly that.Sharing those plans seems an act of good faith with the neighbors,and a minimal expectation from the City Council and Planning Commission. Please require rhar ereck provide a full disclosure of their current plans for all future phases, and that they identify and address the issues that will arise. 2. Building Height:The first phase has been reported to have heights from 66'to 70'to a reported 80'(indicated when presenting to the neighbors last week).The plans that I have seen which were entitled "Breck Final Proposal" indicate a total height from the 850-4"floor elevation at the North Entrance to 911-8" at the top of the penthouse (a height of 61'-4"). Certainly this exceeds the height limits of our current zoning code, but the real issue is the visual impact to nearby property owners of the larger structures. Permitting this height variance on the first phase could set a precedent to allow additional height or density variances on future phases. While the council is not bound to any future variance in the approvals they may choose to grant here, it would be instructive to Breck for the Staff, Planning Commission, and Council to articulate the conditions under which this height variance will or won't be used for future applications. In many communities, height and setback have a positive correlation.Will Breck be expect to keep buildings closer to residential areas at a lower height,or witf they be permitted to continue to"raise the rooY' as future programs emerge and future phases are imagined? Addressing this early will clarify expectations for both Breck and the neighbors. Requiring that the first phase match the submitted plans is a minimum expectation for all concerned. Please be specific and consistent that the maximum permitted height of this phase, if approved, will be capped at the 61'-4"dimension shown on fhe submitted p/ans. 3. Construction Disruption:The Breck Campus is located within a residential neighborhood,and as such,the , typical activity and legally permitted hours of construction (7:00 AM to 10:00 PM) run the risk being extremely disruptive to the neighborhood. Heavy equipment movement, crews of workmen, materials coming and going on Ottawa Ave may also put at risk families who wish to enjoy Natchez Park. I don't believe Breck has indicated where these crews and equipment will park,or where materials will be staged, nor am I aware of any discussion about how this affects the current traffic congestion,or the capacity of the campus or neighborhood-and for how many months will these issues persist?At a minimum,the Headmaster has testified that they know work will be noisy and that, as a result,they intend to do their work as much as possible outside of classroom hours to avoid disturbing students. I believe the consequences of all these inconveniences should be borne by the school and not the neighbors. Please require that any and all construction traffic be routed on Lilac Drive—away from neighbors' driveways or Natchez Park where children play. Please also require that any construction activity audible beyond the property lines be restricted to 8AM to 6PM, Monday through Friday. Mark—As noted above, my family and I have been long-time residents of the area. We enjoy the green space of the Breck campus where my dog and I walk each morning. We've done our part to pick up trash on their campus and chase geese off their athletic fields. I continue to suffer the traffic problems that go with being a neighbor to a school, but on balance like having a school in the neighborhood. I believe those attributes add to my property value and I gladly pay that price through higher taxes each year,while Breck pays none. I do object to being forced to endure a long period of noisy construction, unusually tall structures in a residential area,and an undisclosed future when those seem unnecessary burdens to the taxpayers of our city. I intend to be present at the April 9 Planning Commission meeting. Thank you for the opportunity to be heard. .7ames Vos 10 Natchez Ave. N Golden Valley, MN 763.374.5547 h 2 Wittman, Lisa From: Grimes, Mark Sent: Monday, April 23, 2012 10:30 AM To: Burt, Tam Cc: Wittman, Lisa; Clancy, Jeannine Subject: FW: Breck traffic issues Ivlark W.Grimes { Dir��ctqr af Planning � City of Golder7 Valiey � „ , „ : ,., 78J0 C;oiden VaiMey Road � Golden Vailey,MN 5542"1 �753-ra93�£�OJ7 J 763-5�3-81C}9(Fax} ! �763-��3-39ti&('T�TYI � � s `�=" , , , g, �� . � �4��. From: Jim Vos [mailto:jvos@cresa.com] Sent: Saturday, April 21, 2012 10:34 AM To: Hogeboom, Joe; Oliver, Jeff; Grimes, Mark Subject: Breck traffic issues Gentlemen— I want to thank each of you, and the planning commission/city council members,for recognizing the valid concerns of neighbors surrounding the Breck Campus on the issues of traffic and appropriate construction hours. While I understand many of the neighbors remain dissatisfied with your willingness to permit the height variance, I have greater concerns over future phases than I do over the first phase.Your election not to seek future phase definition from the school administrators continues to surprise and disappoint me. I'm sure we'll get the chance to discuss these issue again when the next phase is proposed. I want to applaud the decision to monitor traffic in the area, and was pleased when I first saw the traffic monitoring devices on Natchez and Ottawa Ave's. I was pleased to see the recent addition of those devices on Chatelain and Loring as well. It strikes me that one remaining traffic lane should be added to provide a complete analysis—and that would be on Lilac Drive. It would be most accurate for Breck Traffic to monitor the traffic at the point where Breck traffic enters their site (north edge of the VFW parking lot.)As we monitor the comings and goings of both neighborhood and Breck traffic, leaving this channel out af the study seems to overlook one of three campus entry points. For the credibility of the work you are doing, please add this checkpoint. I would also hope that you would consider monitoring not only traffic counts but also speeds on these routes. Having lived here for 25 years, and having witnessed the patterns change over time, I can attest to the frequency with which the posted speed limits appear to be violated. I don't consider this the exclusive domain of Breck students or their parents— I believe many of us are guilty in this regard. But since you are in the midst of a study which may lead to revised engineering, I would be grateful if the speed could also be considered a core companent of the study, particularly along the Natchez Park area. Finally, I appreciate Mr. Oliver's comment at the Planning Commission a few weeks back when he stressed that traffic issues are best addressed using a combination of education, engineering and enforcement. I can recall very few times when any enforcement activity was undertaken along Natchez Ave N.The lighted "Your Speed is XX" sign has been used an effective education tool,though sparsely applied. On behalf of the neighbors, I would respectfullyrequest increased enforcement efforts next fall when school returns to session and construction activity may lead all of us to take slightly different routes. 1 Thanks for the good work you do for our city. 7ames Vas Principai Cresa Minneapolis � �' The Tenant's Advantage 920 South Second Ave, Suite 900 � Minneapolis, Minnesota 55402 612.337.8498 main � 612.373.0290 dd � 612.810.0604 mobile www,cresa.com �vos@cresa.com 2 ' Mary Jane and Bruce Pappas 20 Ardmore Drive Golden Valley, MN 55422 Phone: 763-377-9874 March 18, 2012 Dear City Council Members, Planning Commission Members, and Neighbors: Bruce and I are Golden Valley residents of 23.5 years in the "Breck neighborhood". We are not within the 500 feet of Breck property and did not receive the notices regarding the Breck PUD. Our neighbors contacted us regarding the Breck PUD. As a result, I joined the 19 plus neighbors to voice my concern regarding the impact that the Breck PUp will have. I was also one of the 50 plus who attended the Breck School meeting last week, to voice my concerns about the building plan and traffic and safety issues. In order of importance my concerns are as follows: 1.The current Breck traffic causes a multitude of problems that need to be addressed immediately. These include but are not limited to: a. Breck parents and students speed through neighborhood, mostly on Ottawa and Natchez, threatening the safety of the residents and their children and pets. b. Ottawa is a residential street as well as Breck's entrance. Ottawa residents have been ignored when they want to cross the street and have not been able to pull out of their driveways due to Breck traffic and buses. c. In order to get to a rear parking 1ot and to avoid the trafFic wait at Ottawa, Breck parents and students often take Natchez to enter Breck and do so without regard to neighbor safety. d. The carbon monoxide emissions in our neighborhood are considerably greater due to Breck traffic. e. Even with police directing traffic, the entrances and exits to Highway 100 are backed up. Residents often wait to allow Breck traffic to pass exactly during the time we are trying to get to our work. f. Traffic during the construction period will only exacerbate what is already a dangerous situation. g.The possible future 25% enroflment increase will further exacerbate the current traffic issues h.Breck conducted a traffic study in 2008 which resulted in no action. I believe the study and Breck's reasons for not following up on the study's recommendations should be examined. i. One solution to the traffic problem is to build a Breck exit/entrance from 55. Another possible solution is to build a dedicated exit off the Highway 100 Glenwood Avenue ramp to enter the Breck campus from the road access to the VFW and to build an exit from Breck to 55. In the case of both solutions, Breck access would be blocked on Ottawa. 2. The imposing size and visible impact of the phase 1 building, particularly the 80-foot height, does not consider the visual impact to our neighborhood. a. Breck has misrepresented the height and number af floors in their phase one addition. In the final PUD and the notices that have gone out to the neighbors state the phase 1 structure will be 70-feet tall with 4 stories. The actual plan shared at the 3/15 Breck meeting shows a building 80 --feet tall with 5 stories, the top story being a mechanical penthouse. b.The builder stated that the internal ceiling dimension in each story will be 10+ feet high, a height not necessary to the function and purpose of Breck's remodel. c.The fifth story is mechanical only and could be placed at a lower elevation reducing the size of this addition considerably. As in all design projects, there are myriad solutions to problems and there is more than the one they have chosen to expedite. d.Breck designed Phase 1 with no consideration to the visual impact to their residential neighbors. The view from the homes East of Breck #hat overlook the Breck Campus will be the imposing top half of the new building, almost the height of the bell tower, and probably the length of a football field. e.Breck states that there are 4 phases to their expansion but will not reveal the full scope of their 4-phase project. f. At the 3/15 meeting, Breck mentioned that one of the future phases includes another 4-5 stories tall building which will likely turn Breck into a large office campus in the middle of our neighborhood While Bruce and I welcome Breck's improvements to their school, we ask the Planning Commission and the City Council to consider the following: 1. Address the current and escalating traffic issues. 2. Do not approve any plans until all plans for all phases are submitted. 3. Address upfront the growth in enrollment that these projects are targeted to accommodate. 4. Limit the building height of Phase 1 and all other Phases to the current allowable height. 5. If a variance is granted, limit it to four stories or 63-feet (as per Breck plans). Only a simple relocation of the proposed mechanical penthouse would accomplish this. Thank you, Mary Jane and Bruce Pappas Wittman, Lisa From: Juliana Clarkson <julianaclarkson@yahoo.com> Sent: Sunday, March 18, 2012 11:09 PM To: Planning; Scanlon, DeDe; Clausen,Joanie; Hogeboom,Joe;Wittman, Lisa; Freiberg, Mike; Pentel, Paula; Harris, Shep Subject: Breck March 18, 2012 Dear Planning Commission and Golden Valley City Council: This is our second letter regarding our concerns about the Breck School expansion. As parents of two children, ages 9 & 7, the traffic from Breck School from 8:00 - 8:30am and 3:30 - 4:OOpm is of great concern. A few years back, I (Juliana) was involved in an accident at the corner of Westwood & Burntside with a Breck student. Fortunately, no one was hurt, but my car was completely destroyed. Last Friday, March 16 our daughter's school bus was struck by a Breck parent who was speeding. Again, we were grateful that no one was hurt, but major damage was done to both vehicles. It's just a matter of time before someone gets severly hurt. An extensive traffic study needs to be done. It seems that too many buses are sent down Westwood Lane. Shouldn't most of the buses be routed down Ottawa? Has Breck considered funding the construction/building of an entrance off Hwy 55 or Hwy 100? The construction of an 80 ft building in our residential neighborhood would change the landscape of the North Tyrol neighborhood. It is not needed and is excessive. Breck states that there are 4 phases to their expansion but will'not reveal the full scope of their 4-phase project. We ask that all phases of the project be shared and reviewed before construction approval is granted. Thank you for your consideration. Sincerely, Juliana and Tim Clarkson 331 Burntside Drive 763-377-0090 i March 17, 2012 Dear City Council and Planning Commission Members, and others: As Golden Valley residents of 25 years in the tranquil "Breck neighborhood", and within the 500 feet of Breck property we have received the notices regarding the Breck PUD. Recently 19 plus neighbors, including some outside the"500 foot"notice area,voiced much concern when they met and discussed the impact that the Breck PUD will have. 50 plus attended the Breck School meeting last week, to voice their concerns about the buildling plan and traffic and safety issues. Areas of Concern: 1. The imposing size and visible impact of the phase 1 building, particularly the height,80 Feet tall-not 70 feet as Breck's PUD claims. This is only Phase 1 of 4 planned Phases- a total 10 year projected project. Breck stated at their meeting that at least one of the future phases includes another building 4 or 5 stories tall, and Breck has not revealed the full scope of their project- a114 phases. 2. Traffic and safety concerns during the construction period as well as the ongoing traffic issues currently plaguing our area, even without construction, which have not been remedied. The possible future 25% increase in student population which will further exacerbate the current traffic and safety issues. In all the documents we have seen so far, including the final PUD, submitted by Breck the week of March 8,2012, the height of the new building is given as 70 feet. At the Breck School meeting it was revealed, and perhaps this is or was known by the city, but not the neighborhood, that the actual height of the proposed building is 80 feet,which is 4/Sth of the height of the bell tower. This seems to mean that the information presented by Breck to the City, including at least one of the drawings, which specifically compares the top of the new building at 70 feet to the top of the bell tower at 96 feet, is not accurate. Further, the notices that have gone out to the neighbors has talked about a 70 foot tall building with 4 stories. The actual plan is for 5 stories with a height of 80 feet. That should mean that any decisions based on incorrect information should be reconsidered in light of more accurate information. Maybe there is some basis for the difference,but no one in the community knew about the actual height of the building or that it is 5 floors, from the notices sent to the neighborhood. I know it has been said that when standing on Glenwood or looking down Ottawa, the height does not seem that imposing. However, the homes to the East of Breck overlook the Breck campus, therefore it will completely change the character of our view, and our neighborhood. Right now we see a rather pretty church steeple rising from the tree line. With the new proposal, we will see the imposing top half of the new building, almost the height of the bell tower, and probably the length of a football field. And, at the Breck meeting, it was revealed that one of the future phases will propose rebuilding the rest of the classroom buildings at the same increased height. It will be like putting a large office campus in the middle of our neighborhood. 2 At the Breck meeting, it came out through a neighbor's question that there are other workable alternatives to their current plans that would create LESS IMPOSING structures yet still meet Breck's goal of more updated classroom space. While we welcome Breck improving their buildings,we ask the Planning Commission and the Citv Council to consider the followin�: 1. Do not approve any plans until all plans far all phases are submitted. 2. Limit the height of the Phase I building to the current allowable height. 3. If a variance is granted, limit it to four stories, or 63 feet(as per Breck plans). 4. Address the escalating traffic and safety issues Thank you. The Schneck Family .. ,; . .. • �.,- � _ � y4 . , `. � ��,, . , • ' � ;. � ,� . ' .yr� ��.:� .�� -. -. � - � �'`��w�'�'��.'" 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N I 1� i J , � �LL � r —'/ 1 n :'...'.. �N �� i �� i � i I �p 1 ` „' ad �a, i i i i � _ __ _" � - •' ¢ ¢ _ _ �{_i �h 1 1 a � r �r-�i i ti r-� ' I i �a I �� N�mlz� �� N�`^ g� Q� I I Q . I i I �� IE° �� °� w�y I i I aJ .. ... � .. t I I I � I � .Z-bZ � .Z'Z4 � A4'll � A'.lE i � . a � .Z 68 � Q � � � � ORDINANCE NO. 484, 2ND SERIES AN QRDINANCE AMENDING THE CITY CODE Appraval of Amendment to Final Plan of Development Breck Addition, P.U.D. No. 88, Amendment No. 1 123 Ottawa Avenue North Breck School, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Gity Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.46, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 88 Amendment No. 1, thereby allowing the applicant to replace a portion of the existing two-story building (the upper school) with a new faur-story building. This amendment is subject to all of the terms af the permit to be issued including, but not limited to the following specific conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the mema from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated March 14, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the mema from Public Warks Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated April 3, 2012, shall become a part of this approvaL 4. The Construction Traffic Plan, submitted by the applicant, April 4, 2012, shall become a part of this approvaL 5. The Construction Communication Plan, submitted by the applicant, April 4, 2012, shall become a part of this approval. 6. Construction times for the proposed addition associated with this amendment shall be Monday through Saturday, 7 am - 7 pm. In the event of an emergency, the Directar of Public Works, or her designee, may authorize additional construction time. 7. Breck shall work with the Gity to implement the recommendations of the Gity's Traffic Safety Gommittee to imprave traffic flow and safety for the 2012-2013 school year. 8. The Traffie Safety Gommittee shall consider options for using Lilac Drive. 9. A Traffic Demand Management Plan and Parking Study shall be required for any future enrollment �ncrease above 1200 students. 10. All signs on the property must meet the requirements af the City's Sign Code. 11. This approval is subject to all other state, federal, and local ordinances, regulations, 4r 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. The PUD plan is tailored to the specific characteristies of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. 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. The PUD plan includes efficient and effective use (which includes preservatian) of the land. 4. The PUD Plan results in devetopment compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 1, Block 1, Breck Addition P.U.D. Number 88 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire Gity Code Including Penalty far Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1 st day of May, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk . c��t� � :� � City Administrationi Cauncil 7&3-593-3989/763-593-8109(fax} Executive Summary For Action Golden Valley City Council Meeting May 1, 2012 Agenda Item 6. A. Opposition to Proposed "Recagnition of Marriage" Constitutional Amendment Prepared By Chantell Knauss, Assistant City Manager Summary At Council Member Freiberg's request, this item is being brought forward. Five Minnesota cities (Duluth, Edina, Minneapolis, St. Louis Park, and St. Paul) have adopted resolutions formally opposing the proposed Canstitutianal Amendment, In 2010, the City adopted an Ordinance allowing for the registration of domestic partnerships. Currently, there are 8 couples registered with the City as domestic partners. Attachments • Resolution in Qpposition to Proposed "Recognition of Marriage" Constitutional Amendment (1 page) Recommended Action Motion to adopt Resolution in Opposition to Proposed "Recognition of Marriage" Constitutional Amendment. Resolution 12-37 May 1, 2012 Member introduced the following resolution and moved its adoption: RESOLUTIQN IN OPPOSITION TO PROPOSED "REGOGNITION QF MARRIAGE" CONSTITUTIONAL AMENDMENT WHEREAS, in 2011 the Minnesota State Legislature voted to include the following question an the election ballot in November 2012: "Shall the Minnesota Constitution be amended to provide that only a union af one man and one woman shall be valid or recognized as a marriage in Minnesota?"; and WHEREAS, the proposed amendment would add a new Section 13 to the Minnesota Constitution stating: "Only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota"; and WHEREAS, constitutions historically have been designed and interpreted ta protect minorities from the arbitrary imposition of unjust barriers by the majority; and WHEREAS, the proposed amendment would be would be contrary to the purpose of aur State Constitution to protect the rights, privileges and freedam of conscience of all citizens by withholding from some individuals and families important legal rights and obligations; and WHEREAS, Golden Valley's commitment to equality for all residents and citizens is shawn, in part, by its adaption and implementation of the City of Golden Valley Domestic Partnership Registration Ordinance in 2010, and began accepting applications in 2011; and NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, hereby opposes the proposed canstitutional amendment entitled "Recognition of Marriage Solely Between One Man and One Woman," and urges Minnesota citizens to vote "No" on Tuesday, November 6, 2012. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion far the adoption of the faregoing resolution was seconded by Member and upon a vate being taken thereon, the following voted in favor thereof: and the following vated against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.